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2002

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Llm Class Of 2002, Pennsylvania State University, Dickinson School Of Law Jan 2002

Llm Class Of 2002, Pennsylvania State University, Dickinson School Of Law

Class Photos

No abstract provided.

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Expert Testimony On Fingerprints: An Internet Exchange, Richard D. Friedman, David H. Kaye, Jennifer Mnookin, Dale Nance, Michael Saks Jan 2002

Expert Testimony On Fingerprints: An Internet Exchange, Richard D. Friedman, David H. Kaye, Jennifer Mnookin, Dale Nance, Michael Saks

Articles

In United States v. Llera Plaza, 188 F. Supp. 2d 549 (E.D. Pa. 2002), a federal district initially limited expert opinion testimony on fingerprint identifications because the government was unable to show that such identifications were sufficiently valid and reliable under Federal Rule of Evidence 702. Then, the court withdrew the opinion. This article reproduces an exchange of notes on the initial opinion submitted by five law professors.

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(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah Jan 2002

(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah

Articles

What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?

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Racial Profiling Under Attack, Samuel R. Gross, D. Livingston Jan 2002

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …

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Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames Jan 2002

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames

Articles

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been con-doned …

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Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White Jan 2002

Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White

Articles

In his famous Stanford Law Review article, When Worlds Collide,' Professor Marc Franklin foretold the troubles for American law in the impending collision of the tort of strict liability with the warranty of merchantability.2 We daily suffer the reverberations from that collision as courts struggle with the proper application of strict tort liability and breach of warranty in products liability cases. Lawyers who have not studied Article 2 of the Uniform Commercial Code (U.C.C.) are surprised to learn that virtually every buyer who has a strict tort claim for an injury caused by a defective product also has a potential …

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Default Rules In Sales And The Myth Of Contracting Out, James J. White Jan 2002

Default Rules In Sales And The Myth Of Contracting Out, James J. White

Articles

In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.

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Memorial: Beverley J. Pooley (1934-2001), Margaret A. Leary Jan 2002

Memorial: Beverley J. Pooley (1934-2001), Margaret A. Leary

Articles

Beverley J. Pooley died at the age of sixty-seven on August 23, 2001, of kidney failure due to complications from pancreatic cancer. His death came shockingly fast, for he had only learned how seriously ill he was the week before. The bare facts about Bev's life cannot begin to describe what he was to the local community, the University of Michigan, and the law school world. Born in England in 1934, he earned B.A. and LL.B. degrees from Cambridge University; and LL.M., S.J.D., and M.A. in Library Science degrees from the University of Michigan. During that time he served in …

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Refugee Law Is Not Immigration Law, James C. Hathaway Jan 2002

Refugee Law Is Not Immigration Law, James C. Hathaway

Articles

The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.

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Surface Micromachined Force Gauges: Uncertainty And Reliability, Jonathan W. Wittwer, Troy Gomm, Larry L. Howell Jan 2002

Surface Micromachined Force Gauges: Uncertainty And Reliability, Jonathan W. Wittwer, Troy Gomm, Larry L. Howell

Faculty Publications

Surface micromachining of micro-electro-mechanical systems (MEMS), like all other fabrication processes, has inherent variation that leads to uncertain material and dimensional parameters. By considering the effects of these variations during the design of micro force gauges, the gauge uncertainty and reliability can be estimated. Without means of calibrating micro gauges, these effects are often significant when compared to experimental repeatability. The general force gauge model described in this paper can be used to measure a wide range of forces, and simple design changes can lead to improved accuracy in measurement. A method of probabilistic design is described that is not …

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Evaluation Of A Compound Probability Model With Tower-Mounted Scatterometer Data, David G. Long, Benjamin E. Barrowes Jan 2002

Evaluation Of A Compound Probability Model With Tower-Mounted Scatterometer Data, David G. Long, Benjamin E. Barrowes

Faculty Publications

Six months of data from the YSCAT94 experiment conducted at the CCIW WAVES research platform on Lake Ontario, Canada, are analyzed to evaluate a compound probability model. YSCAT was an ultrawideband small footprint (ap 1 m) microwave scatterometer that operated at frequencies of 2-18 GHz, incidence angles from 0° to 60°, both h-pol and v-pol, and which tracked the wind using simultaneous weather measurements. The probability distribution function of the measured instantaneous backscattered amplitude (p(a)) is compared to theoretical distributions developed from-the composite model and a simple wave spectrum. Model parameters of the resulting Rayleigh/generalized lognormal distribution probability density function …

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Backlog 2002, Lipscomb University Jan 2002

Backlog 2002, Lipscomb University

Backlogs and Other Yearbooks

Lipscomb University's Backlog yearbook, 2002.

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Using Transition Probability Geostatistics With Modflow, Norman L. Jones, J. R. Walker, S. F. Carle Jan 2002

Using Transition Probability Geostatistics With Modflow, Norman L. Jones, J. R. Walker, S. F. Carle

Faculty Publications

This paper describes a technique for applying the transition probability geostatistics method for stochastic simulation to a MODFLOW model. Transition probability geostatistics has several advantages over traditional indicator kriging methods, including a simpler and more intuitive framework for interpreting geological relationships and the ability to simulate juxtapositional tendencies such s fining-upwards sequences. The indicator arrays generated by the transition probability simulation are converted to layer elevation and thickness arrays for use with the new Hydrogeologic Unit Flow (HUF) package in MODFLOW 2000. This makes it possible to preserve complex heterogeneity while using reasonably sized grids.

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Parental Psychological Control: Implications For Childhood Physical And Relational Aggression, David A. Nelson, Nicki R. Crick Jan 2002

Parental Psychological Control: Implications For Childhood Physical And Relational Aggression, David A. Nelson, Nicki R. Crick

Faculty Publications

Children who experience difficulties with peers also tend to experience both concurrent social–psychological difficulties and long-term negative developmental outcomes. Specifically, a significant amount of research has identified peer rejection and isolation as significant precursors to academic troubles and socially deviant behavior (DeRosier, Kupersmidt, & Patterson, 1994; Kupersmidt, Coie, & Dodge, 1990; Parker & Asher, 1987; Parker, Rubin, Price, & DeRosier, 1995). Substantial research and intervention efforts have consequently been dedicated to an understanding of the problem behaviors commonly identified as correlates or antecedents of peer rejection. Childhood aggression is one of the most significant predictors of peer rejection, and has …

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Maternal Psychological Control And Preschool Children’S Behavioral Outcomes In China, Russia, And The United States, Susanne Frost Olsen, Chongming Yang, Craig H. Hart, Clyde C. Robinson, Peixia Wu, David A. Nelson, Larry J. Nelson, Shenghua Jin, Jianzhong Wo Jan 2002

Maternal Psychological Control And Preschool Children’S Behavioral Outcomes In China, Russia, And The United States, Susanne Frost Olsen, Chongming Yang, Craig H. Hart, Clyde C. Robinson, Peixia Wu, David A. Nelson, Larry J. Nelson, Shenghua Jin, Jianzhong Wo

Faculty Publications

A growing body of Western literature has demonstrated the importance of three domains of socialization—connection with significant others, regulation of behavior, and the facilitation of psychological autonomy—in predicting outcomes in adolescents and children (Barber, 1997a, 1997b; Gray & Steinberg, 1999; Hart, Newell, & Olsen, in press; Nelson, 1997; Steinberg, Dornbusch, & Brown, 1992). Psychological control—parenting that does not allow children psychological autonomy, as has been defined elsewhere in this volume, has received increased attention in the past decade (for a discussion of definitions and research, see chapter 2, this volume).

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Expanding The Study And Understanding Of Psychological Control, Brian K. Barber, Roy A. Bean, Lance D. Erickson Jan 2002

Expanding The Study And Understanding Of Psychological Control, Brian K. Barber, Roy A. Bean, Lance D. Erickson

Faculty Publications

The two central purposes of this volume are to review the historical, conceptual, and empirical literatures on parental psychological control and to advance the rapidly growing scientific literature Ono this aspect of the parent-child relationship. Chapter 2 addressed the first task with a review of published material that has specifically investigated psychological control or variables that are conceptually similar to it. From this review of the historical conceptualizations of parental psychological control, we concluded that psychological control is a psychologically oriented, intrusive, constraining, and manipulating form of parental control in which parents appear to maintain their own psychological status at …

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Symposium Introduction: Napster: Innocent Innovation Or Egregious Infringement, Gregory P. Magarian Jan 2002

Symposium Introduction: Napster: Innocent Innovation Or Egregious Infringement, Gregory P. Magarian

Scholarship@WashULaw

Napster is gone for now, but the fissures it opened in our understanding of intellectual property will challenge lawyers for a long time. The basic idea behind Napster was a simple outgrowth of the Internet's premise of linking computers to facilitate the wide-spread exchange of information. The Napster Web site, with its peer-to-peer file sharing technology, created a sort of "clearing house" for information, specifically the sound files known as MP3s. Thousands upon thousands of users could sign on to the Napster site at any given time, offer MP3 files for downloading, and in turn download any files that any …

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An Intimate Portrait Of Peter M. Cicchino, Jamin B. Raskin Jan 2002

An Intimate Portrait Of Peter M. Cicchino, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Serving Market Needs, Not People's Needs: The Indignity Of Welfare Reform , Muneer Ahmad Jan 2002

Serving Market Needs, Not People's Needs: The Indignity Of Welfare Reform , Muneer Ahmad

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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An Inspiration For Political Lawyering: Welfare Reform Activism In The District Of Columbia , Erin M. Loubier Jan 2002

An Inspiration For Political Lawyering: Welfare Reform Activism In The District Of Columbia , Erin M. Loubier

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Reshaping The Welfare Debate: The Poor People's Labor Movement , Kevin M. Ryan Jan 2002

Reshaping The Welfare Debate: The Poor People's Labor Movement , Kevin M. Ryan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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In The Interests Of Children: The Role Of The Massachusetts Department Of Social Services In Private Custody Proceedings , Carrie Leonetti Jan 2002

In The Interests Of Children: The Role Of The Massachusetts Department Of Social Services In Private Custody Proceedings , Carrie Leonetti

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Offering A Helping Hand: Legal Protections For Battered Immigrant Women: A History Of Legislative Responses , Leslye E. Orloff, Janice V. Kaguyutan Jan 2002

Offering A Helping Hand: Legal Protections For Battered Immigrant Women: A History Of Legislative Responses , Leslye E. Orloff, Janice V. Kaguyutan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Erickson V. Bartell Drug Co. 141 F. Supp. 2d 1266 (W.D. Wash 2001), Jennifer M. Saubermann Jan 2002

Erickson V. Bartell Drug Co. 141 F. Supp. 2d 1266 (W.D. Wash 2001), Jennifer M. Saubermann

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Penry V. Johnson 121 S. Ct. 1910 (2001), Puja Satiani Jan 2002

Penry V. Johnson 121 S. Ct. 1910 (2001), Puja Satiani

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Introductory Remarks: The Burden Of Judicial Bypass Proceedings , Ann Shalleck Jan 2002

Introductory Remarks: The Burden Of Judicial Bypass Proceedings , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck Jan 2002

Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Mother, May I?: Ramifications For Parental Involvement Laws For Minors Seeking Abortion Services , Jennifer Blasdell Jan 2002

Mother, May I?: Ramifications For Parental Involvement Laws For Minors Seeking Abortion Services , Jennifer Blasdell

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Clarence Thomas After Ten Years: Some Reflections , Stephen J. Wermiel Jan 2002

Clarence Thomas After Ten Years: Some Reflections , Stephen J. Wermiel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Clarence Thomas: The First Ten Years Looking For Consistency , Mark C. Niles Jan 2002

Clarence Thomas: The First Ten Years Looking For Consistency , Mark C. Niles

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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