Digital Commons Network^™

De-Bugging Open Source Software Licensing, Robert W. Gomulkiewicz

Articles

Home computer users and businesses often rely on software developed by unconventional programmers known as "hackers." Hackers claim that the code they develop is superior in quality to the code developed by commercial software firms because hackers freely share the code they develop. This code sharing enables a multitude of programmers from around the world to rapidly find and fix bugs. The legal mechanism that enables hackers to deploy this worldwide team of de-buggers is a license agreement or, to be more precise,an assortment of license agreements known as "open source" licenses.

Although open source software developers may regularly fix …

Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts

Articles

The Supreme Court recently held in United States v. Mead Corp. that agency interpretations should receive Chevron deference only when Congress has delegated power to the agency to make rules with the force of law and the agency has rendered its interpretation in the exercise of that power.

The first step of this inquiry is difficult to apply to interpretations adopted through rulemaking, because often rulemaking grants authorize the agency to make "such rules and regulations as are necessary to carry out the provisions of this chapter" or words to that effect, without specifying whether "rules and regulations" encompasses …

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

Articles

My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

Lesbigay Identity As Commodity, David M. Skover, Kellye Y. Testy

Articles

This Essay explores the deep dissonance that exists today between the validation of American LesBiGays in the commercial marketplace and their devaluation in political and legal arenas, and questions the failure of legal scholars and civil rights activists to account meaningfully for this dissonance in their theories and practices. I

n America's popular culture, LesBiGay identities abound. In its political culture, however, they emerge more tentatively. The commercial and entertainment industries increasingly commodify and celebrate LesBiGay identities. The courts and legislatures generally discount and condemn them. Thus, there is a deep dissonance between the validation of LesBiGay identities in the …

Linking Progressive Corporate Law With Progressive Social Movements, Kellye Y. Testy

Articles

Professor Testy critically assesses what has been termed a "new" corporate social responsibility project After noting the hegemony of shareholder primacy in corporate law, she critiques four major counter-hegemonic discourses: team production theory, corporate social accountabiity, stakeholder theory, and corporate social responsibility (or progressive corporate law). Finding the first three ineffective foils for the problems of corporate power that have spurred calls for reform, she turns to an examination of the progressive corporate law project. That project, presently poised at a defining juncture as it attempts to use the "master's tools" to "dismantle the master's house," nonetheless holds promise for …

Fretting In The Force Fields: Why The Distribution Of Social Power Has Proved So Hard To Change, Joan C. Williams

Faculty Scholarship

No abstract provided.

Deforestation Rhetoric And Japan's Timber Trade., Mari Yoshimura

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Foreign Inspired Courts As Agencies Of Peace In Troubled Societies A Plea For Realism And For Creativity, Ugo Mattei

Faculty Scholarship

No abstract provided.

Upper Spokane River Model: Model Calibration, 1991 And 2000, Chris Berger, Robert Leslie Annear, Scott A. Wells

Civil and Environmental Engineering Faculty Publications and Presentations

The Washington Department of Ecology is interested in a water quality model for the Upper Spokane River system for use in developing Total Maximum Daily Loads (TMDLs). The goals of this modeling effort are to:

• Gather data to construct a computer simulation model of the Spokane River system including Long Lake Reservoir and the pools behind Nine Mile dam, Upper Falls dam and Upriver dam. • Ensure that the model accurately represents the system hydrodynamics and water quality (flow, temperature, dissolved oxygen and nutrient dynamics)

This report evaluates the model calibration and discusses issues relative to that calibration effort. …

"Adopt A Pal": An Application Of The Transtheoretical Model, Chad A. Spangler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Septic-Derived Nutrient Loading To The Groundwater And Surface Water In Lolo Montana, Brian R. Boer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Concrete Overlay As A Rehabilitation Option For Distressed Asphalt Pavements, Sudarshan Rajan, J. Olek

JTRP Technical Reports

Ultra-thin Whitetopping (UTW) involves placing a very thin concrete overlay 50 mm to 100 mm thick (2”-4”) on the milled surface of a distressed asphalt pavement. To investigate the performance of UTW placed over a flexible pavement subjected to slow and heavy moving wheel loads, whitetopping mixes were placed over a milled pavement surface in the Accelerated Pavement Testing (APT) facility of the Indiana Department of Transportation (INDOT) Research Division in West Lafayette Indiana in the fall of 1999. The UTW installation experiment consisted of four test ‘lanes’ of two different thicknesses; each utilizing plain and fiber reinforced concrete. The …

A Cross-Firm Analysis Of The Impact Of Corporate Governance On The East Asian Financial Crisis, Todd Mitton

Faculty Publications

In a sample of 398 firms from Indonesia, Korea, Malaysia, the Philippines, and Thailand, firm-level differences in variables related to corporate governance had a strong impact on firm performance duringthe East Asian financial crisis of 1997–1998. Significantly better stock price performance is associated with firms that had indicators of higher disclosure quality (ADRs and auditors from Big Six accounting firms), with firms that had higher outside ownership concentration, and with firms that were focused rather than diversified. The results suggest that individual firms have some power to preclude expropriation of minority shareholders if legal protection is inadequate.

Reflections On A Conversation, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Many Unhappy Returns: Estate Tax Returns Of Married Decendents, Richard L. Schmalbeck, Jay A. Soled

Faculty Scholarship

No abstract provided.

Increasing Tenderness Of Beef Round And Sirloin Muscles Through Prerigor Skeletal Separations, B.C. Shanks, D.M. Wulf, B.J. Reuter, R.J. Maddock

Animal Science Faculty Publications

Crossbred steers (n = 30) were used to explore and compare tenderness improvements in beef round and sirloin muscles resulting from various methods of pre-rigor skeletal separations. Animals were slaughtered according to industry procedures, and at 60 min postmortem one of six treatments was applied to each side: A) control, B) saw pelvis at the sirloin round junction, C) separate the pelvic-femur joint, D) saw femur at mid-point, E) combination of B and C, and F) combination of B and D. After 48 h, the following muscles were excised from each side: semi-membranosus, biceps femoris, semi-tendinosus, and adductor from the …

Racing Towards The Top?: The Impact Of Cross-Listing And Stock Market Competition On International Corporate Governance, John C. Coffee Jr.

Faculty Scholarship

Cross-listing by foreign issuers onto U.S. exchanges accelerated during the 1990s, bringing international market centers into competition for listings and draining liquidity from some regional markets. Although cross-listing has traditionally been explained as an attempt to break down market segmentation and to increase investor recognition of the cross-listing firm, the globalization of financial markets and instantaneous electronic communications render these explanations increasingly dated. A superior explanation is "bonding": Issuers migrate to U.S. exchanges because by voluntarily subjecting themselves to the United States's higher disclosure standards and greater threat of enforcement (both by public and private enforcers), they partially compensate for …

Predicting The Distribution Of Chilo Partellus (Swinhoe) And Its Parasitoid Cotesia Flavipes Cameron In Ethiopia Using Correlation, Step-Wise Regression And Geographic Information Systems, G. Emana, W. A. Overholt, E. Kairu, L. Macopiyo, G. Zhou

All Peer-Reviewed Publications

The recent development of geographic information systems (GIS) provides new avenues for analysing spatial patterns in insect populations. Field survey data, along with GIS and statistical models were used to predict the distribution of Chilo partellus (Swinhoe) (Lepidoptera: Crambidae) and Cotesia flavipes Cameron (Hymenoptera: Braconidae) in Ethiopia. The results obtained suggested that the distributions of Ch. parlellus and Co. flavipes were affected by rainfall and temperature. The predicted distributions of Ch. parlellus and Co. flavipes were similar. Validation of predicted values is discussed. © 2002 ICIPE.

Comparative Evaluation Of The Efficacy Of Aqueous Neem Extract And Dipel 2x On Diamondback Moth, Plutella Xylostella Linn., On Cabbage In Kenya, S. Okoth, C. K.P. Ogol, M. Basimike, M. Varela

All Peer-Reviewed Publications

The efficacy of neem kernel cake powder water extract (NKCP-WE) and Dipel 2x (Bacillus thuringiensis var. kurstaki) in controlling the diamondback moth (DBM), Plutella xylostella Linn. (Lepidoptera: Yponomeutidae), on cabbage was evaluated in screenhouse experiments. All concentrations of NKCP-WE tested were larvicidal and plants treated with 25 and 50 g/l NKCP-WE retained larvicidal activity for up to 2 weeks after application. The efficacy of 25 and 50 g/l NKCP-WE and 0.5 g/l Dipel 2x was compared by observing DBM development on the treated plants and yields of those plants. Dipel 2x-treated plants had less DBM larval infestation than the neem-treated …

Comparative Development And Population Growth Of An Exotic Stemborer, Chilo Partellus (Swinhoe), And An Ecologically Similar Congener, C. Orichalcociliellus (Strand) (Lepidoptera: Crambidae), Jacob C. Mbapila, William A. Overholt, Hosea Y. Kayumbo

All Peer-Reviewed Publications

Studies were conducted to determine the effect of temperature and diet on the development of Chilo partellus (Swinhoe) and Chilo orichalcociliellus (Strand) (Lepidoptera: Crambidae). Developmental times of C. partellus and C. orichalcociliellus for the egg, larval and egg-adult life stages were inversely related to temperature. The larval developmental period of C. orichalcociliellus reared on artificial diet was longer than the developmental period on natural diet. Chilo partellus had a higher intrinsic rate of natural increase than C. orichalcociliellus at all diet/temperature combinations except natural diet at 31°C. © 2002 ICIPE.

Evidence Of Adaptation Of Diamondback Moth, Plutella Xylostella (L.), To Pea, Pisum Sativum L., Bernhard Löhr, Ruth Gathu

All Peer-Reviewed Publications

A strain of diamondback moth (DBM), Plutella xylostella (L.) (Lepidoptera: Plutellidae), adapted to peas was detected in 1999 in the export vegetable growing area south of Lake Naivasha in the Rift Valley Province of Kenya. The pea strain (DBM-P) was compared in laboratory studies to the normal crucifer strain (DBM-C). Whereas DBM-P performed comparably well on kales and peas, the cabbage strain (DBM-C) suffered heavy mortality on peas. Out of the 250 DBM-C first instars, only six reached adult stage on pea. In addition, larval development was prolonged by five days on peas as compared to kale, and larval growth …

Comparative Life Table Statistics Of Exochomus Flaviventris Reared On The Cassava Mealybug, Phenacoccus Manihoti, Fed On Four Host Plants, B. P. Le Rü, A. Mitsipa

All Peer-Reviewed Publications

The demographic statistics of the ladybird Exochomus flaviventris Mader (Coleoptera: Coccinellidae) were investigated under laboratory conditions on the cassava mealybug, Phenacoccus manihoti Matile-Ferrero (Homoptera: Pseudococcidae), reared on four host plants with different levels of antibiotic resistance to the mealybug: two cassava (Manihot esculenta Crantz, Euphorbiaceae) varieties, Incoza and Zanaga, Faux-Caoutchouc (FC) (hybrid of M. esculenta x M. glaziovii Muel. Arg.) and water weed (Talinum triangulare Jack, Portulacacae). Preimaginal mortality, mean oviposition time and total fecundity of female ladybirds were strongly affected by the host plant even though there was no linkage with antibiotic resistance. The net reproduction rates R o …

Object Persistence And Availability In Digital Libraries, Michael L. Nelson, B. Danette Allen

Computer Science Faculty Publications

We have studied object persistence and availability of 1,000 digital library (DL) objects. Twenty World Wide Web accessible DLs were chosen and from each DL, 50 objects were chosen at random. A script checked the availability of each object three times a week for just over 1 year for a total of 161 data samples. During this time span, we found 31 objects (3% of the total) that appear to no longer be available: 24 from PubMed Central, 5 from IDEAS, 1 from CogPrints, and 1 from ETD.

A Scalable Architecture For Harvest-Based Digital Libraries, Xiaoming Liu, Tim Brody, Stevan Harnard, Les Carr, Kurt Maly, Mohammad Zubair, Michael L. Nelson

Computer Science Faculty Publications

This article discusses the requirements of current and emerging applications based on the Open Archives Initiative (OAI) and emphasizes the need for a common infrastructure to support them. Inspired by HTTP proxy, cache, gateway and web service concepts, a design for a scalable and reliable infrastructure that aims at satisfying these requirements is presented. Moreover, it is shown how various applications can exploit the services included in the proposed infrastructure. The article concludes by discussing the current status of several prototype implementations.

Federated Searching Interface Techniques For Heterogeneous Oai Repositories, Xiaoming Liu, Kurt Maly, Mohammad Zubair, Qiaoling Hong, Michael L. Nelson, Frances Knudson, Irma Holtkamp

Computer Science Faculty Publications

Federating repositories by harvesting heterogeneous collections with varying degrees of metadata richness poses a number of challenging issues: (1) how to address the lack of uniform control for various metadata fields in terms of building a rich unified search interface, and (2) how easily new collections and freshly harvested data in existing repositories can be incorporated into the federation supporting a unified interface? This paper focuses on the approaches taken to address these issues in Arc, an Open Archives Initiative compliant federated digital library. At present Arc contains over 1M metadata records from 75 data providers from various subject domains. …

The Single Row Routing Problem Revisited: A Solution Based On Genetic Algorithms, Albert Y. Zomaya, Roger Karpin, Stephan Olariu

Computer Science Faculty Publications

With the advent of VLSI technology, circuits with more than one million transistors have been integrated onto a single chip. As the complexity of ICs grows, the time and money spent on designing the circuits become more important. A large, often dominant, part of the cost and time required to design an IC is consumed in the routing operation. The routing of carriers, such as in IC chips and printed circuit boards, is a classical problem in Computer Aided Design. With the complexity inherent in VLSI circuits, high performance routers are necessary. In this paper, a crucial step in the …

Fast Inner Product Computation On Short Buses, R. Lin, S. Olariu

Computer Science Faculty Publications

We propose a VLSI inner product processor architecture involving broadcasting only over short buses (containing less than 64 switches). The architecture leads to an efficient algorithm for the inner product computation. Specifically, it takes 13 broadcasts, each over less than 64 switches, plus 2 carry-save additions (t_csa) and 2 carry-lookahead additions (t_cla) to compute the inner product of two arrays of N = 2⁹ elements, each consisting of m = 64 bits. Using the same order of VLSI area, our algorithm runs faster than the best known fast inner product algorithm of Smith and Torng …

Courts Or Tribunals? Federal Courts And The Common Law, Peter L. Strauss

Faculty Scholarship

Every Justice, save perhaps Justice Breyer, has recently subscribed to an opinion raising questions in one or another context about whether federal courts can appropriately exercise common law law-making functions that had, until these questions began to appear, been characteristic of all American courts. To invoke a special class of "federal tribunal" whose actions are not to be confused with those of common law courts suggests broader implications than the long-familiar debates about Erie RR. Co. v. Tompkins, or more recent contentions over when, if ever, it is appropriate to infer privately enforceable judicial remedies in aid of federal statutes; …

This Will Hurt Me More Than It Hurts You: Social And Legal Consequences Of Criminalizing Delinquency, Jeffrey Fagan

Faculty Scholarship

What happens to adolescents once placed in the criminal justice system and the potential violations of human rights that ensue is the focus of this essay. The pace of change, the severity of the new laws, the potential for unintended negative outcomes, and the empirical reality of adult punishment of juvenile offenders creates new urgency to these questions. Unfortunately, there has been little analysis of the comparative effects of statutes and administrative laws that relocate juvenile offenders to the adult court, and there has been virtually no research on the efficacy, impact and consequences of sentencing juveniles as adults. There …

Draft Convention On Jurisdiction And Recognition Of Judgments In Intellectual Property Matters, Rochelle Cooper Dreyfuss, Jane C. Ginsburg

Faculty Scholarship

The proposed Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters is currently drafted to cover most fields of private litigation, including intellectual property. However, as those following the Hague process are aware, the Convention has run into considerable difficulties. There is currently reason to be concerned that it may not be promulgated at all, or that if it is promulgated, that it will be reduced in scope and cover only select areas of litigation, likely not to include intellectual property. This proposal is meant to spur the intellectual property bar to consider whether it would be …