Digital Commons Network^™

Is Virtual Trespass An Apt Analogy?, Maureen A. O'Rourke

Faculty Scholarship

Legal doctrine often evolves both more slowly than the conduct and the technology it is intended to regulate and by analogy. When parties argue that previously unheard-of behavior should generate some legal response, the relevant institution often seeks guidance from past experience. Earlier decisions addressing a specific actual context give some confidence that applying the legal rules from these prior situations to the new fact pattern will produce a sensible result. But principles developed to deal with one set of facts can only imperfectly fit another. This imperfect fit often becomes more evident over time, sometimes raising the question of …

$10 And A Denim Jacket--A Model Statute For Compensating The Wrongly Convicted, Alberto B. Lopez

Articles

No abstract provided.

Why Courts Review Arbitral Awards, William W. Park

Faculty Scholarship

Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.

Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …

Self-Disclosure, Clara E. Hill, Sarah Knox

College of Education Faculty Research and Publications

A review of the analog literature about therapist self-disclosure suggests that nonclients generally have positive perceptions of therapist self-disclosures. A review of the naturalistic psychotherapy literature indicates that therapist self-disclosure occurs infrequently, is used more often by humanistic-experiential than psychoanalytic therapists, is most often about professional background than about intimate personal details, is used for many different reasons, is used cautiously by therapists, and is helpful in the immediate process of therapy. Effects of therapist self-disclosure on the ultimate outcome of therapy are less clear. Limitations of the research (poor and inconsistent definitions and lack of a clinically appropriate methodology …

Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter

Faculty Journal Articles and Book Chapters

This essay attempts to reclaim the freedom of expressive association from both its harshest critics and its most ardent libertarian cheerleaders, arguing that The Boy Scouts of America v. Dale will not have the revolutionary consequences either camp predicts.

Part I sketches the significance of the freedom of association to the protection of dissenting opinion, with an emphasis on gay experience.

Part II notes the increasing conflict between the freedom of expressive association and the expanding reach of antidiscrimination law. The challenge is to draw a line between them that will preserve a large realm for group expression and organization …

Prejudice And Racism: Challenges And Progress In Measurement, Alan W. Burkard, Barbara R. Medler, Michael Allen Boticki

College of Education Faculty Research and Publications

The intent of this chapter is to review three categories of prejudice measures that practitioners and researchers can use in practice or research. Given that a recent comprehensive review of self-report racial prejudice measures was completed by Biernat and Crandall (1999), this chapter focuses on new developments in self-report measures of racial and anti-gay prejudice. Anti -gay prejudice is an important clinical and research area, and to date, only a few critical reviews of instruments measuring negative attitudes toward gay men and lesbian women have appeared in the literature (Herek, 1994; O'Donohue & Caselles, 1993; Schwanberg, 1993). Emerging prejudice measurement …

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Faculty Journal Articles and Book Chapters

In his argument for an alternative conservative response to Romer v. Evans, the author outlines the majority and dissenting opinions in Evans to identify what he takes to be the decision's import. Next, he outlines some of the main themes of conservative political and legal thought, concentrating especially on Edmund Burke. He then argues the common conception of Burke as an intransigent defender of the status quo and of present traditions and practices is a misreading of him. Finally, he discusses the conservative underpinnings for Evans in light of this intellectual history, with an emphasis on the profoundly conservative instincts …

Insider Trading, Selective Disclosure And Prompt Disclosure: A Comparative Analysis, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This article focuses on regulation of insider trading and company affirmative disclosure in developed securities markets. First, the U.S. regime is discussed. Thereafter, the securities laws of selected developed markets are addressed in order to provide contrasts to the U.S. approach. Last, the article focuses on a number of significant issues that merit exploration.

Bankruptcy Law V. Privacy Rights: Which Holds The Trump Card?, Walter W. Miller Jr., Maureen A. O'Rourke

Faculty Scholarship

The Internet's emergence as a retail marketplace has both posed new issues and cast old problems in a new light. As technology, particularly software, has advanced over time, traditional bricks and mortar firms have acquired the capability of tracking and analyzing all sorts of information about their customers, including purchasing patterns and demographic information. For years, firms have been licensing and selling such customer data both in and out of bankruptcy without much fear of legal limitations. In particular, the law has generally not adopted privacy rules that would present a barrier to commerce in personal information.

Property Rights And Competition On The Internet: In Search Of An Appropriate Analogy, Maureen A. O'Rourke

Faculty Scholarship

Reasoning by analogy is a time-honored method of legal development. However, recent litigation exposes the weakness of applying legal principles developed in the "bricks and mortar" world by analogy to cyberspace. Using recent court decisions that discuss who may access a website and by what means, this Article illustrates how results can change depending on the analogy the court adopts. The Article argues that rather than searching for analogies, courts and legislators could more profitably devote their energies to understanding how the Internet differs from physical space, evaluating whether those differences call for new legal rules, and considering the conflicting …

The Theory Of Tort Doctrine And The Restatement Of Torts, Keith N. Hylton

Faculty Scholarship

The lack of detailed implications and general failure to come to grips with important features of tort doctrine have been substantial shortcomings in the dominant positive theory framework of Holmes and Posner. I extend the dominant framework below to enable it to justify various intentional tort doctrines, and the specific form and allocation of strict liability rules within tort law. After developing the positive framework, I apply it to the Restatement (Third) of Tort Law. The theory explains many of the detailed provisions and commentary of the Restatement, and identifies one area in which the Restatement (Third) seems inconsistent with …

Legality Of U.S. Strikes Under International Law, The Feature, Daniel H. Joyner

Articles

No abstract provided.

The Next Stage Of Forfeiture Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In passing the Civil Asset Forfeiture Reform Act of 2000, Congress instituted some badly needed reforms to a system that had spawned a good deal of governmental abuse, media investigation, and popular outrage. Unfortunately, however, CAFRA does not address the aspect of asset forfeiture law that is perhaps most responsible for fueling overzealous, sometimes lawless use of the forfeiture power: federal forfeiture law continues to authorize law enforcement agencies to retain the drug-related assets they seize for their own use, and many state laws do as well. With facilities, cruisers, computer and other equipment, salaries and positions sometimes dependent on …

Ndsu Magazine : Spring 2001

NDSU Magazine

No abstract provided.

Ndsu Magazine : Fall 2001

NDSU Magazine

No abstract provided.

Coherent-Path Model For Nuclear Resonant Scattering Of Gamma Radiation From Nuclei Excited By Synchrotron Radiation, Gilbert R. Hoy, Jos Odeurs, Romain Coussement

Physics Faculty Publications

Previous theoretical descriptions of nuclear resonant scattering of synchrotron radiation have been based on the semiclassical optical model or on several quantum mechanical models. These models are fine but do not give a clear physical picture of all the processes. The theory presented here gives a clear physical picture of all the relevant aspects of nuclear resonant scattering. The model treats the nuclear resonant sample as a one-dimensional chain of "effective" nuclei. However, the model is deceptive. It only appears to be one dimensional. It actually treats the sample as a series of "effective" planes. The analysis uses the time-dependent …

Electroproduction Of The Λ(1520) Hyperon, M. Bektasoglu, G. E. Dodge, T. A. Forest, C. E. Hyde-Wright, S. E. Kuhn, R. A. Niyazov, L. B. Weinstein, Et Al., The Clas Collaboration

Physics Faculty Publications

The reaction e^→pe′K⁺Λ(1520) with Λ(1520)→p′K⁻ was studied at electron beam energies of 4.05, 4.25, and 4.46 GeV, using the CLAS detector at the Thomas Jefferson National Accelerator Facility. The cos θ_K+, φ_K+, Q², and W dependencies of Λ(1520) electroproduction are presented for the kinematic region 0.9 < Q² < 2.4 GeV² and 1.95 < W < 2.65 GeV. Also, the Q² dependence of the Λ(1520) decay angular distribution is presented for the first time. The cosθ_K+ angular distributions suggest t-channel diagrams dominate the production process. Fits to the Λ(1520) t-channel helicity frame decay angular distributions indicate the m …

The Ep → E'P Η Reaction At And Above The S₁₁ (1535) Baryon Resonance, R. Thompson, G. E. Dodge, C. E. Hyde-Wright, A. Klein, S. E. Kuhn, R. A. Niyazov, L. M. Qin, L. B. Weinstein, Et Al., The Clas Collaboration

Physics Faculty Publications

New cross sections for the reaction ep → ep η are reported for total center of mass energy W = 1.5-1.86 GeV and invariant momentum transfer Q² = 0.25-1.5 (GeV/c)². This large kinematic range allows extraction of important new information about response functions, photocouplings, and etaN coupling strengths of baryon resonances. Newly observed structure at W ~ 1.65 GeV is shown to come from interference between S and P waves and can be interpreted with known resonances. Improved values are derived for the photon coupling amplitude for the S₁₁(1535) resonance.

Exclusive Electroproduction Of ᵠ Mesons At 4.2 Gev, M. Bektasoglu, L. Ciciani, G. E. Dodge, T. A. Forest, C. E. Hyde-Wright, S. E. Kuhn, L. M. Qin, F. Sabatié, L. B. Weinstein, Et Al., The Clas Collaboration

Physics Faculty Publications

We studied the exclusive reaction ep → e' p' ᵠ using the ᵠ →K⁺K^- decay mode. The data were collected using a 4.2 GeV incident electron beam and the CEBAF Large Acceptance Spectrometer (CLAS) at the Thomas Jefferson National Accelerator Facility. Our experiment covers the range in Q² from 0.7 to 2.2 GeV²and W from 2.0 to 2.6 GeV. Taken together with all previous data, we find a consistent picture of ᵠ production on the proton. Our measurement shows the expected decrease of the t slope with the vector-meson formation time c Δ t …

Corrected Article: Exclusive Electroproduction Of ᵠ Mesons At 4.2 Gev [Physical. Rev. C 63, 065205, (2001)], M. Bektasoglu, L. Ciciani, G. E. Dodge, T. A. Forest, C. E. Hyde-Wright, S. E. Kuhn, L. M. Qin, F. Sabatié, L. B. Weinstein, Et Al., The Clas Collaboration

Physics Faculty Publications

We studied the exclusive reaction ep → e' p' ᵠ using the ᵠ →K⁺K^- decay mode. The data were collected using a 4.2 GeV incident electron beam and the CEBAF Large Acceptance Spectrometer (CLAS) at the Thomas Jefferson National Accelerator Facility. Our experiment covers the range in Q² from 0.7 to 2.2 GeV²and W from 2.0 to 2.6 GeV. Taken together with all previous data, we find a consistent picture of ᵠ production on the proton. Our measurement shows the expected decrease of the t slope with the vector-meson formation time c Δ t …

Why The Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply To Professor Farber, Neil S. Siegel

Faculty Scholarship

No abstract provided.

Electron Redistribution Of Aromatic Ligands In (Arene)Cr(Co)3 Complexes. Structural (Bond-Length) Changes As Quantitative Measures, P. Le Maguères, Sergey V. Lindeman, Jay K. Kochi

Chemistry Faculty Research and Publications

Arene ligands experience significant ring expansion upon coordination with chromium tricarbonyl, as established by precise X-ray crystallographic analyses of various (η⁶-arene)Cr(CO)₃ complexes. Such changes in ligand structures result from the charge (electron) redistribution, Ar⁺−Cr^-, upon arene coordination, since they are closely related to those found in the intermolecular 1:1 complexes of the corresponding series of arenes with nitrosonium cation (NO⁺). The latter are prototypical examples of charge-transfer complexes as described by Mulliken. As such, they show enhanced degrees of charge (electron) transfer that approach unity, which is confirmed by quantitative comparison …

From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell

Faculty Scholarship

This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon …

Cultivating Partnerships/Realizing Diversity, Janice Simmons-Welburn, William C. Welburn

Library Faculty Research and Publications

Academic librarians should not only seek methods for continuous learning about an increasingly diverse college student body, they are encouraged to pursue partnerships with campus agencies that work directly with students, especially those charged with building a diverse community of students. The authors present two examples to illustrate strategies-in-action.

Sacred White Buffalo, Mother Mary Catherine [Josephine Crowfeather, Ptesanwanyakapi, Ptesanwasyagapiwin], Mark G. Thiel

Library Faculty Research and Publications

No abstract provided.

Kidwell, Clara S., Mark G. Thiel

Library Faculty Research and Publications

No abstract provided.

Synthesis Of Cyclopropanes Via Organoiron Methodology: Preparation Of 2-(2′-Carboxy-3′-Ethylcyclopropyl)Glycine, Kamil Godula, William A. Donaldson

Chemistry Faculty Research and Publications

A route to 1,2,3-trisubstituted cyclopropanes has been developed. The relative stereochemistry at the three cyclopropane centers is established by nucleophilic attack on the pentadienyl ligand on the face opposite to iron and subsequent oxidatively induced reductive elimination with retention of configuration. This methodology was applied to the synthesis of 2-(2′-carboxy-3′-ethylcyclopropyl)glycines. The diastereomeric glycine dimethyl esters are separable as their diphenylmethylene imines.

The conformationally restricted glutamate analogs (2S,1′S,2′S,3′R)- and (2R,1′S,2′S,3′R)-ECCG's 5a and5b were prepared in five steps (17 and 15% yield, respectively) from (pentadienyl)Fe(CO) …

Making Deals In Court-Connected Mediation: What's Justice Got To Do With It?, Nancy A. Welsh

Faculty Scholarship

When mediation was first introduced to the courts, the process was hailed as “alternative.” Mediation gave disputants the opportunity to discuss and resolve their dispute themselves; the role of the third party was to facilitate the disputants’ negotiations, not to dictate the outcome; and because the disputants were able to focus on their underlying interests in mediation, the process could result in creative, customized solutions. The picture of mediation is changing, however, as the process settles into its role as a tool for the resolution of personal injury, contract, and other nonfamily cases on the courts’ civil dockets. Attorneys dominate …

Xps Characterization Of Friedel-Crafts Cross-Linked Polystyrene, Jiangqi Wang, Jianxin Du, Hongyang Yao, Charles A. Wilkie

Chemistry Faculty Research and Publications

The combination of a difunctional alkylating agent, either hydroxymethylbenzyl chloride or α,α′-dichloroxylene with polystyrene or high-impact polystyrene together with a Friedel-Crafts catalyst, 2-ethylhexyldiphenylphosphate, and an amine to react with hydrogen chloride has been studied by X-ray photoelectron spectroscopy. The results confirm what had been suggested from previous investigations using thermogravimetric analysis; cross-linking of the polymer occurs as the temperature is raised and the alcohol-containing alkylating agent gives a greater amount of cross-linking than does the dichloro compound.

An Xps Investigation Of Thermal Degradation And Charring Of Cross-Linked Polyisoprene And Polychloroprene, Jianwei Hao, Charles A. Wilkie, Jiangqi Wang

Chemistry Faculty Research and Publications

Our interest in butadiene-containing polymers had led to an investigation of the thermal degradation of polyisoprene, PIP, and polychloroprene, PCP. The connection between cross-linking and thermal stability through an examination of PIP and PCP has been reported. Like the course of thermogravimetric analysis (TGA) the cross-linking and charring of polymers subjected to heat can also be experimentally observed as function of temperatures by the pseudo-in-situ XPS (X-ray Photoelectron Spectroscopy). Data acquisition of C1s spectra as function of temperature permits us to explore: (1) the extent of cross-linking and/or carbon accumulation of systems of PCP and PIP with/without initiators, BPO and …