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"Charting The Course Of Commerce Clause Challenge (Symposium: The Commerce Clause: Past, Present, And Future), Richard D. Friedman

Articles

Recognizing Barry Cushman's formidable skills in both research and argument, and his enormous wealth of knowledge, I have long known that I would much rather be on the same side of an issue with him than on the opposite side. And I am glad that we have been on the same side of an important issue, for both of us doubt that Franklin Roosevelt's Court-packing plan had much to do with the constitutional transformation of the 1930s. But now I have expressed disagreement with some propositions he has asserted, and I have made some assertions with which he disagrees, he …

A Resident Of Evidenceland Defends His Turf, Richard D. Friedman

Articles

A few years ago, I wrote an essay welcoming Judge Richard Posner down from a star to Evidenceland, the sometimes obscure province occupied by evidence scholars.1 Although I criticized one of the points of his article on the economics of evidence law, I expressed the hope that he would remain in Evidenceland for an extended stay.2 I should have known that if he did so he would tell us long-term inhabitants what we have been doing wrong.

Justice Lewis F. Powell, Jr. And The Counterrevolution In The Federal Securities Laws, Adam C. Pritchard

Articles

The confirmation of Lewis F. Powell, Jr., to the Supreme Court coincided with a dramatic shift in the Court's approach to securities law. This Article documents Powell's influence in changing the Court's direction in securities law. Powell's influence was the product of his extensive experience with the securities laws as a corporate lawyer, which gave him much greater familiarity with that body of law than his fellow Justices had. That experience also made him skeptical of civil liability, particularly class and derivative actions. Powell's skepticism led him to interpret the securities law in a consistently narrow fashion to reduce liability …

Equal Protection And Disparate Impact: Round Three, Richard A. Primus

Articles

Prior inquiries into the relationship between equal protection and disparate impact have focused on whether equal protection entails a disparate impact standard and whether laws prohibiting disparate impacts can qualify as legislation enforcing equal rotection. In this Article, Professor Primus focuses on a third question: whether equal protection affirmatively forbids the use of statutory disparate impact standards. Like affirmative action, a statute restricting racially disparate impacts is a race-conscious mechanism designed to reallocate opportunities from some racial groups to others. Accordingly, the same individualist view of equal protection that has constrained the operation of affirmative action might also raise questions …

Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin

Articles

Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …

Learning To Trust: Thoughts From A Law Clinic, David A. Santacroce

Articles

The State Bar Legal Education Committee is now the Legal Education and Professional Standards Committee. This marriage seems an apt occasion to raise, through the prism of students, the issue of trust in client relations, though not in the traditional sense of "getting the client to trust me." Rather, the more ignored "getting me to trust the client" is the focus.

The Uniform Probate Code's Elective Share: Time For A Reassessment, Lawrence W. Waggoner

Articles

In this Article, Professor Waggoner proposes reforms to the Uniform Probate Code's (UPC) treatment of the elective share of the surviving spouse. First, the Article recommends that the UPC adopt a form of presentation that more transparently reflects the normative theories and empirical assumptions underlying the UPC's elective share framework. Second, the Article presents demographic data suggesting that the UPC's current elective share approximation schedule may be inappropriatef or a sizable faction of married couples, those remarryingf ollowing widowhood. Finally, the Article proposes two substantive revisions to the UPC's election share framework-the first proposal is to lengthen the approximation schedule; …

Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson

Articles

This Article examines executive branch agency actions concluded just before a new President takes office, such as "midnight" rulemaking and late-term hiring and promotion, which Professor Mendelson collectively refers to as "agency burrowing." Congress, the media, and some commentators have portrayed such activities as unsavory power grabs that undermine the President-elect's ability to direct the functions of administrative agencies. Rather than dismissing agency burrowing out of hand, however, Professor Mendelson argues for a more nuanced approach. In some cases, burrowing can make positive contributions to the democratic responsiveness of agencies, agency accountability, and the "rule of law." A fuller analysis …

A Multi-Class Suspended Particulate Matter Calibration For Bottom Boundary Layers, Philip M. Orton, David A. Jay, D. J. Wilson

Civil and Environmental Engineering Faculty Publications and Presentations

We present a multi-class suspended particulate matter (SPM) calibration for use with in situ water sample SPM concentration data and backscatter (or transmission) from one or more acoustic and optical sensors. The output of this calibration is high-resolution SPM concentration data in several discrete settling velocity (Ws) classes. Separately for each sensor, the calibration involves three steps: (1) a calibration of backscatter to total SPM concentration; (2) a decomposition of resulting concentration data into several Wsclasses, utilizing a dynamical vertical SPM profile model; and (3) a sensor bias calibration where water sample concentration data are used to correct for the …

Ethical Issues In Open Source Software, Frances Grodzinsky, Keith W. Miller, Marty J. Wolf

School of Computer Science & Engineering Faculty Publications

In this essay we argue that the current social and ethical structure in the Open Source Software (OSS) Community stem from its roots in academia. The individual developers experience a level of autonomy similar to that of a faculty member. Furthermore, we assert that the Open Source Software Community's social structure demands benevolent leadership. We argue that it is difficult to pass off low quality open source software as high quality software and that the Open Source development model offers strong accountability. Finally, we argue that Open Source Software introduces ethical challenges for universities and the software development community.

From Intrapreneurship To Entrepreneurship: Is Technical Expertise Sufficient?— A Case Study, John Woodilla

New England Journal of Entrepreneurship

Following a successful career in industry, Dr. Douglas V. Shick, a newly minted entrepreneur, established NRS Associates, LLC, to perform consulting services based on two highly technical computer-modeling programs. Doug was heavily involved in the development of one program, an innovative computer simulation software for modeling a particular manufacturing process, through intrapreneurial activity during his corporate experience. Doug established his business on September 1, 2001, and on September 10 announced his services by e-mail to everyone he knew. The unforeseen events of the next day, September 11, produced some unexpected aftereffects that Doug had to factor into his developing business.

Monetary-Policy Targeting In The Central European Transition Economies, Lucjan T. Orlowski

WCBT Faculty Publications

This chapter examines the monetary-policy-targeting systems, in the second half of the 1990s (until 1998), of three Central European EU-accession candidates—the Czech Republic, Hungary, and Poland--and advocates the potential benefits of applying a direct-inflation-targeting (DIT) system in them. For the purpose of the analysis presented here, DIT is defined as "a monetary policy framework that is based on the assumption of long-term price stability as the official policy goal and on the designation of the official inflation forecast as intermediate policy target" (Orlowski, 2000). Section 1 is a brief overview of monetary-targeting practices in the Czech Republic Hungary, and Poland. …

Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman

Cardozo Journal of Equal Rights & Social Justice

The note argues that current federal legislation, including Title VII, the ADA, and the FMLA, fails to adequately protect women's rights to express breast milk in the workplace. It advocates for a federal statute specifically addressing this issue, as existing laws are insufficient due to narrow interpretations and lack of explicit protections. The note emphasizes the importance of breastfeeding for infant health and maternal well-being, while also highlighting the benefits for employers, such as reduced absenteeism and healthcare costs. Without federal legislation, women face significant barriers to expressing breast milk at work, perpetuating disparities in breastfeeding rates.

Recent Advances In Solid Hydrogen Storage Systems, B. S. Chao, R. C. Young, V. Myasnikov, Y. Li, F. Gingl, Patrick D. Ferro, V. Sobolev, S. R. Ovshinsky

Mechanical Engineering Faculty Scholarship

Hydrogen energy offers great promise as an energy alternative. Hydrogen technologies can reduce and eliminate the release of carbon dioxide from fossil-fuel combustion, the main cause of global warming. One of the main challenges is hydrogen storage. Storing hydrogen in the solid-state hydride form holds a volumetric advantage over compressed and liquid hydrogen states. Solid hydrogen storage systems also have features of low-pressure operation, compactness, safety, tailorable delivery pressure, excellent absorption /desorption kinetics, modular design for easy scalability, and long cycle life.

In this paper, solid hydrogen storage systems (such as portable power canisters, lightweight fiber wrapped vessels, and aluminum …

Subjecting Dasein, Ladelle Mcwhorter

Philosophy Faculty Publications

"Das 'Subjekt' ist eine Fiktion," Nietzsche declares in aphorism 370 of Der Wille zur Macht. There is no such thing as an ego, a unitary center of personhood that can be appraised and approved for its virtue and wisdom or blamed for its premeditated transgressions and irresponsible beliefs. Subjectivity does not exist. Despite Nietzsche's pervasive influence, however, the question of subjectivity - the ontological nature, the ethical status, and the epistemological significance of the human subject - has been a preeminent theme in Continental philosophy for the entirety of the twentieth century. Virtually all Conti­nental philosophers have found it …

Foucault's Political Spirituality, Ladelle Mcwhorter

Philosophy Faculty Publications

Recently, while rereading some material in The Essential Works of Foucault, I came upon a passage that pulled me up short and then sent me flying from my English translation to the French original. The passage, from an interview in May, 1978, contains one of Foucault’s infamous attempts to sum up his life’s work. It starts with the assertion that “since the beginning,” Foucault has been asking himself a certain question: “What is history, given that there is continually being produced within it a separation of true and false?” He elaborates, then, expanding that question into four sub-questions: (1) …

Against The "Ordinary Summing" Test For Convergence, G. C. Goddu

Philosophy Faculty Publications

One popular test for distinguishing linked and convergent argument structures is Robert Yanal's Ordinary Summing Test. Douglas Walton, in his comprehensive survey of possible candidates for the linked/convergent distinction, advocates a particular version of Yanal's test. In a recent article, Alexander Tyaglo proposes to generalize and verify Yanal's algorithm for convergent arguments, the basis for Yanal's Ordinary Summing Test. In this paper I will argue that Yanal's ordinary summing equation does not demarcate convergence and so his Ordinary Summing Test fails. Hence, despite Walton's recommendation or Tyaglo's generalization, the Ordinary Summing Test should not be used for distinguishing linked argument …

Uniform Mediation Act And Official Comments

Journal of Dispute Resolution

The provisions in this Act reflect the intent of the Drafters to further these public policies. The Drafters intend for the Act to be applied and construed in a way to promote uniformity, as stated in Section, and also in such manner as to: promote candor of parties through confidentiality of the mediation process, subject only to the need for disclosure to accommodate specific and compelling social interests, encourage the policy of fostering prompt, economical, and amicable resolution of disputes in accordance with principles of integrity of the mediation process, active party involvement, and informed self-determination by the parties, and …

Analysis Of Molten Carbonate Fuel Cell Performance Using A Three-Phase Homogeneous Model, N. Subramanian, B. S. Haran, P. Ganesan, Ralph E. White, Branko N. Popov

Faculty Publications

In this study a three-phase homogeneous model was developed to simulate the performance of the molten carbonate fuel cell (MCFC) cathode. The homogeneous model is based on volume averaging of different variables in the three phases over a small volume element. This approach can be used to model porous electrodes as it represents the real system much better than the conventional agglomerate model. Using the homogeneous model the polarization characteristics of the MCFC cathode was studied under different operating conditions.

Inactivation Of Feline Calicivirus And Adenovirus Type 40 By Uv Radiation, Jeanette A. Thurston-Enriquez, Charles N. Haas, Joseph Jacangelo, Kelley Riley, Charles P. Gerba

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Little information regarding the effectiveness of UV radiation on the inactivation of caliciviruses and enteric adenoviruses is available. Analysis of human calicivirus resistance to disinfectants is hampered by the lack of animal or cell culture methods that can determine the viruses’ infectivity. The inactivation kinetics of enteric adenovirus type 40 (AD40), coliphage MS-2, and feline calicivirus (FCV), closely related to the human caliciviruses based on nucleic acid organization and capsid architecture, were determined after exposure to low-pressure UV radiation in buffered demand-free (BDF) water at room temperature. In addition, UV disinfection experiments were also carried out in treated groundwater with …

Communicative Action, Strategic Action, And Inter-Group Dialogue, Michael James

Faculty Journal Articles

A consensus has emerged among many normative theorists of cultural pluralism that dialogue is the key to securing just relations among ethnic or cultural groups. However, few normative theorists have explored the conditions or incentives that enable inter-group dialogue versus those that encourage inter-group conflict. To address this problem, I use Habermas’s distinction between communicative and strategic action, since many models of inter-group dialogue implicitly rely upon communicative action, while many accounts of inter-group conflict rest upon strategic action. Drawing on explanatory accounts of inter-group conflict, I outline five strategic logics of group conflict, what I call the resource, political, …

A University Wide Smart Card System, Philip Cummins

Theses : Honours

Presently, many tertiary educational institutions utilise card technologies for staff and student identification and the support of other related services within the institution. A new type of card technology has been developed known as a Smart Card, where an existing plastic card has an embedded integrated circuit and is capable of expanding the range of applications and services capable within an institution. This thesis will detail the advantages that these new Smart Cards have over existing institution cards, detail other institution's attempts to use Smart Cards and finally, this thesis proposes a suitable system for integrating Smart Cards into an …

What Is Treatment? : Understandings And Responses Of Workers To Child Sex Offenders, Casey Eyden

Theses : Honours

With the field of sex offender treatment is in its infancy, there is a tack of clarity concerning nearly all aspects of offending behaviour, from theoretical frameworks that explain why the offending occurs, to the effectiveness of different treatment techniques. This study sought to gain insight into workers' understandings of the phenomenon of child sexual offending, and how these understandings informed their responses to child sex offender treatment. Locating the 'sense making' of workers within the context of a four dimensional systematic integration model; personal, professional, organisational and social influences and impacts were also explored. Currently practicing with child sex …

Effect Of The Specificity Of Training Delivery On Skill Acquisition And Transfer, Suzanne Mary Matthews

Theses : Honours

Past research (e.g., Brewer, 1998) has shown that when people learn to solve simple formulae where elements are repeated over and over again, the greater the degree of repetition, the less transferable the skill. The current study tested one explanation for this observation; that training conditions involving little stimulus variation encourage the development of specific skills with low transferability. These habit-encouraging conditions were compared with a habit-breaking manipulation that involved presentation of unfamiliar stimuli throughout training. Participants were randomly assigned to one of 2 groups, the habit-encouraging and habit-breaking groups. The groups had 22 and 20 participants respectively. Participants were …

The Lived Experience Of Men With A Postnatally Depressed Partner, Colela M. Browning

Theses : Honours

The aim of this study was to examine the experiences and perceptions of men living with a partner who has postnatal depression (PND). Family systems theory was used to provide a framework within which to evaluate men's relationships with immediate and extended family members. A semi-structured interview was used to understand the experiences and perceptions of seven men with partners who had PND. Schweitzer's (1997) phenomenological approach was used to explicate meaning and extract themes from the interview transcripts. Six major themes were identified from the data. These included changes in the division of labour, issues of self, altered family …

A Comparison Of Partially Adaptive And Reweighted Least Squares Estimation, Brian H. Boyer, James B. Mcdonald, Whitney K. Newey

Faculty Publications

The small sample performance of least median of squares, reweighted least squares, least squares, least absolute deviations, and three partially adaptive estimators are compared using Monte Carlo simulations. Two data problems are addressed in the paper: (1) data generated from non-normal error distributions and (2) contaminated data. Breakdown plots are used to investigate the sensitivity of partially adaptive estimators to data contamination relative to RLS. One partially adaptive estimator performs especially well when the errors are skewed, while another partially adaptive estimator and RLS perform particularly well when the errors are extremely leptokurtotic. In comparison with RLS, partially adaptive estimators …

Ce-Qual-W2: A Two-Dimensional, Laterally Averaged, Hydrodynamic And Water Quality Model, Version 3.1, Thomas M. Cole, Scott A. Wells

Civil and Environmental Engineering Faculty Publications and Presentations

CE-QUAL-W2 is a two-dimensional, longitudinal/vertical, hydrodynamic and water quality model. Because the model assumes lateral homogeneity, it is best suited for relatively long and narrow waterbodies exhibiting longitudinal and vertical water quality gradients. The model has been applied to rivers, lakes, reservoirs, estuaries, and combinations thereof.

The application of CE-QUAL-W2 requires knowledge in the following areas: 1. Hydrodynamics 2. Aquatic biology 3. Aquatic chemistry 4. Numerical methods 5. Computers and FORTRAN coding 6. Statistics 7. Data assembly and reconstruction.

Water quality modeling is in many ways an art requiring not only knowledge in these areas but also experience in their …

Évaluation Des Indices De Contrainte Thermique En Mines Profondes, Pierre C. Dessureault, Mathieu Doucet

Rapports de recherche scientifique

L’Association Minière du Québec a logé une demande à l’effet d’utiliser le Air Cooling Power (ACP) comme indice de contrainte thermique dans les mines souterraines. Cet indice est en fait une adaptation de l’approche analytique basée sur le calcul du bilan thermique entre l’homme et son environnement. L’objectif premier de cette étude est de déterminer si cette approche rationnelle est au moins équivalente ou encore plus appropriée aux conditions de travail en mine profonde que l’application de l’indice WBGT. Elle doit aussi vérifier que le niveau d’astreinte thermique des travailleurs soit en deçà des limites généralement acceptées sous l’un ou …

The Right To Privacy Under The Montana Constitution: Sex And Intimacy, Patricia A. Cain

Montana Law Review

The Right to Privacy Under the Montana Constitution

The Challenge Of "Differentiated Citizenship": Can State Constitutions Protect Tribal Rights?, Rebecca Tsosie

Montana Law Review

The Challenge of "Differentiated Citizenship"