Digital Commons Network^™

Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves

San Diego International Law Journal

Reflagged vessels and vessels flying flags of convenience (two phenomena that most often coexist) are frequent features in cases brought before the International Tribunal for the Law of the Sea (ITLOS or the Tribunal). Of all the cases decided by the Tribunal, only the Southern Bluefin Tuna cases and the MOX Plant case had nothing to do with this phenomenon; and only the former, which concerns fishing, somehow involves ships.

Reconceptualizing Aggravated Damages: Recognizing The Dignitary Interest And Referential Loss, Jeffry Berryman

San Diego Law Review

In this Article, the author argues for the explicit recognition of the "dignitary interest" as a distinct head of damages. In Part I, he analyzes recent decisions of the Supreme Court of Canada that have commented on the availability of aggravated damages. Part II identifies how the protection of dignity lies at the root of awards for aggravated damages. Part III conceptualizes what is encompassed within the "dignitary interest." Part IV contrasts a purely remedial response with those who advocate a new tort action to protect loss of dignity. Finally, the prescriptive power of explicit recognition of the dignitary interest …

False Endorsement Or First Amendment?: An Analysis Of Celebrity Trademark Rights And Artistic Expression, Joshua Beser

San Diego Law Review

In Part I, this Comment will address both artistic and entertainment industry issues relating to using celebrity names and images in creative works. Part II will discuss the relationship between state right of publicity and privacy claims, and federal trademark law. Part III will discuss the Lanham Act's history and purpose, including its traditional applications and recent amendments. Part IV will address the First Amendment issues raised when creative works use celebrities' names and images. Part V will address the three tests courts use to balance section 43(a) Lanham Act claims and First Amendment rights. Part VI will advocate the …

California's Unfair Competition Law - Making Sure The Avenger Is Not Guilty Of The Greater Game, Mathieu Blackston

San Diego Law Review

This Comment will discuss the problems underlying California's Unfair Competition Law that eventually led to the adoption of Proposition 64. It will also assess the Proposition's method of addressing those problems, which arose due to the UCL's broad standing provision and lack of res judicata effect. Additionally, this Comment will look at outstanding issues not remedied by the recent amendments to 17200, as well as review recent judicial decisions and evaluate their success at clarifying a law that one California Supreme Court Justice has dubbed a "growth industry."

Defamation Law And Free Speech: Reynolds V. Times Newspapers And The English Media, Andrew T. Kenyon, David F. Partlett, Clive P. Walker, Russell L. Weaver

Vanderbilt Journal of Transnational Law

The common law of defamation cut the balance between speech and reputation decisively in favor of reputation and allowed for the imposition of significant damages against media outlets that defamed. For the last four decades, U.S. media outlets have been insulated against the common law rules by the United States Supreme Court's landmark decision in New York Times Co. v. Sullivan. Following Sullivan, Commonwealth countries clung steadfastly to common law rules and are only now beginning to modify the common law rules to provide speech and media protections. Rather than following Sullivan by adopting constitutional protections, however, Commonwealth courts have …

An Environmentally Enlightened Accounting, Jesse Dillard, Darrell Brown, Scott Marshall

Business Faculty Publications and Presentations

Environmental stewardship must become a primary concern if management is to adequately fulfill its societal responsibilities. Management and accounting information systems must aggressively respond to these emerging requirements in order to support adequately the associated information needs as well as to design organizational systems that motivate and facilitate desired behavior. Our purpose here is to consider a framework useful for developing environmentally enlightening management and accounting information systems that take into account alternative environmental perspectives. The framework can be used to develop prototypes representing different levels of environmental enlightenment and, as such, can provide general guidance for moving collectives and …

"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne

Vanderbilt Law Review

Professor Neuborne argues that we err in reading the Bill of Rights "in splendid isolation" as a randomly ordered set of clause-bound norms. Instead, he argues that the disciplined order and placement of the thirty-three ideas in the Bill of Rights, especially the six textual ideas united in the First Amendment, reveals a deep contextual structure imposed by the Founders that sheds important light on the meaning of the constitutional text. He argues that the "vertical" order of the first ten amendments, as well as the "horizontal" order of ideas within each amendment, provides important clues to a judge seeking …

Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser

Vanderbilt Law Review

On July 26, 2000, final approval was granted to a landmark $1.25 billion settlement of the claims of an international class of Holocaust victims against Swiss Banks that engaged in massive looting and misappropriation of assets entrusted to them by hundreds of thousands of Jews and other groups imprisoned, murdered, and dislocated by the Nazi regime. The Swiss Banks complaints linked the actions of Swiss financial institutions to the Nazi regime and its program of genocide.

The Swiss Banks litigation was brought and settled under federal class action rules in the United States District Court for the Eastern District of …

On Semantic Caching And Query Scheduling For Mobile Nearest-Neighbor Search, Baihua Zheng, Wang-Chien Lee, Dik Lun Lee

Research Collection School Of Computing and Information Systems

Location-based services have received increasing attention in recent years. In this paper, we address the performance issues of mobile nearest-neighbor search, in which the mobile user issues a query to retrieve stationary service objects nearest to him/her. An index based on Voronoi Diagram is used in the server to support such a search, while a semantic cache is proposed to enhance the access efficiency of the service. Cache replacement policies tailored for the proposed semantic cache are examined. Moreover, several query scheduling policies are proposed to address the inter-cell roaming issues in multi-cell environments. Simulations are conducted to evaluate the …

Fact-Free Learning, Enriqueta Aragones, Itzhak Gilboa, Andrew Postlewaite, David Schmeidler

Cowles Foundation Discussion Papers

People may be surprised by noticing certain regularities that hold in existing knowledge they have had for some time. That is, they may learn without getting new factual information. We argue that this can be partly explained by computational complexity. We show that, given a database, finding a small set of variables that obtain a certain value of R 2 is computationally hard, in the sense that this term is used in computer science. We discuss some of the implications of this result and of fact-free learning in general.

Re-Reifying Data, James Gibson

Law Faculty Publications

There's a war on between those who view digital technology as a reason to expand intellectual property law and those who oppose this expansion. One front in the war is technological: the pro-expansionists enclose their products in restrictive code, which the anti-expansionists circumvent and hack. A second is legislative: the pro-expansionists seek extended copyright duration, favorable changes to contract law, and other new legal entitlements, while the anti-expansionists lobby for the opposite. And a third front is a combination of the first two: it is technological. On this battlefield, the pro-expansionists use the law to fortify their technological protections. But …

Edge-Cracked Orthotropic Bimaterial Butt Joint Under Antiplane Singularity, Xiangfa Wu, Yuris A. Dzenis, Emrah Gokdag

Department of Engineering Mechanics: Faculty Publications

Explicit elastic solutions are given for an edge-cracked orthotropic bimaterial butt joint under antiplane singularity of a screw dislocation and a line-force. During the procedure, conformal mapping and known dislocation solution are utilized for constructing the fundamental solution to the present problem. Stress intensity factor (SIF) and energy release rate (ERR) of the edge-cracked butt joint are given in closed-form. In limiting cases, results provided in this work cover those in literature.

Shareholder Oppression And “Fair Value”: Of Discounts, Dates, And Dastardly Deeds In The Close Corporation, Douglas K. Moll

Duke Law Journal

The doctrine of shareholder oppression protects a close corporation minority investor from the improper exercise of majority control. When a minority shareholder establishes "oppressive" majority conduct, a court typically orders the majority to purchase the minority's stock at its "fair value." But what does fair value mean? Further, when is fair value to be measured? The questions are critical ones that affect the lives of countless close corporation investors and that generate an enormous amount of present-day litigation. This Article builds a case for defining fair value as enterprise value in the shareholder oppression context. The Article argues, in other …

Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell

Duke Law Journal

No abstract provided.

Hunting And Posting On Private Land In America, Mark R. Sigmon

Duke Law Journal

No abstract provided.

Communicating Hands: Erps Elicited By Meaningful Symbolic Hand Postures, Tc Gunter, P Bach

School of Psychology

Meaningful and meaningless hand postures were presented to subjects who had to carry out a semantic discrimination task while electrical brain responses were recorded. Both meaningful and control sets of hand postures were matched as closely as possible. The ERPs elicited by meaningless hand postures showed an anteriorly distributed N300 and a centro-posteriorly distributed N400 component. The N300 probably reflects picture-specific processes, whereas the N400-effect probably reflects processing in an amodal semantic network. The scalp-distribution of the N400-effect, which is more posterior than usually reported in picture processing, suggests that the semantic representations of the concepts expressed by meaningful hand …

Dynamic Mechanical (Brush) Allodynia In Cluster Headache, Avi Ashkenazi, William B. Young

Department of Neurology Faculty Papers

Cutaneous allodynia is the perception of pain when a non-noxious stimulus is applied to normal skin. It has been described in patients with migraine. Cutaneous allodynia is caused by sensitization of central nervous system neurons that receive convergent sensory input from both skin and intracranial structures. This phenomenon has not been previously described in patients with cluster headache. Although migraine and cluster headache (CH) may share some clinical features, the pathogenesis of these two primary headaches is different. The aim of this study was to examine the occurrence of dynamic mechanical (brush) allodynia (BA) in patients with CH.

Rabies Deaths In Pakistan: Results Of Ineffective Post-Exposure Treatment, Shehzad Parviz, Rashid Chotani, Joseph Mccormick, Sue Fisher-Hoch, Stephen Luby

Community Health Sciences

Objectives: To estimate the incidence of rabies and the effectiveness of post-exposure treatment (PET) in Pakistan.Methods: Rabies cases admitted from July 1993 to December 1994 to a public rabies isolation hospital were analyzed. Two samples (one sample each from a separate peripheral site) of a single batch of sheep brain vaccine (SBV) were also tested for potency by the National Institute of Health (NIH) test in May 1997.Results: Forty patients were admitted with a history of clinical rabies. The median age was 22 years and 55% were under 15. Thirteen (23%) victims did not receive any vaccine; the remaining 27 …

The Impact Of Non-Compliance With The Therapeutic Regimen On The Development Of Stroke Among Hypertensive Men And Women In Gaza, Palestine, Bernhard T. Baune, Yousef I. Aljeesh, Ralf Bender

Saudi Medical Journal

OBJECTIVE: Hypertension and stroke are 2 major public health problems worldwide. Several biological and non-biological risk factors for stroke have been identified in the past. Little is known regarding risk factors for stroke among the Arabic population in Gaza. To identify potential risk factors we investigated compliance with the therapeutic regimen and life style factors which may increase the risk for stroke. METHODS: To research this study question, a pair matched case control study was conducted in Gaza Strip (Shefa Hospital, Nasser Hospital, Khan Younis Hospital, and related primary health care clinics) in 2001 (from January through to December) among …

Authorship. Credit And Disputes, Mustafa M. Afifi

Saudi Medical Journal

No abstract provided.

Embalming With Honey, Khalifa E. Sharquie, Rafid A. Najim, Khalifa E. Sharquie

Saudi Medical Journal

No abstract provided.

Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann

Cardozo Law Review

No abstract provided.

Its News November 2004, Information & Technology Services

RIT Digital Archives

ITS Customer Satisfaction Survey Results||Dave Thelen celebrates 20 Years at RIT||MacTech||Blended Learning off to a Good Start in Pilot Project||ITS Technology Seminars Begin||RIT Alumnus Julianne Klie Opens ITS Technology Series on November 17||About Technology in Balance: Design, Creativity, and Learning||Profiles in Co-op

How Cellular Movement Determines The Collective Force Generated By The Dictyostelium Discoideum Slug, J. C. Dallon, H. G. Othmer

Faculty Publications

How the collective motion of cells in a biological tissue originates in the behavior of a collection of individuals, each of which responds to the chemical and mechanical signals it receives from neighbors, is still poorly understood. Here we study this question for a particular system, the slug stage of the cellular slime mold Dictyostelium discoideum. We investigate how cells in the interior of a migrating slug can effectively transmit stress to the substrate and thereby contribute to the overall motive force. Theoretical analysis suggests necessary conditions on the behavior of individual cells, and computational results shed light on experimental …

Use Of Distance Education By Religions Of The World To Train, Edify, And Educate Adherents, P. Clint Rogers, Scott L. Howell

Faculty Publications

Islamic, Hindu, Buddhist, Baha'i, Jewish, and Christian organizations are all experimenting with distance education for various reasons and to different extents, due to religious, economic, and political factors. Religious institutions worldwide are not only turning to the World Wide Web (WWW) to place information concerning religious beliefs and provide virtual services for their constituents but are also getting more involved in formally educating their members at a distance. This paper will document some of these educational efforts and the reasons behind the expanding use of distance education by several of the major religious institutions for training, edifying, and educating their …

A Review Of Antennas And Propagation For Mimo Wireless Communications, Michael A. Jensen, Jon W. Wallace

Faculty Publications

Multiple-input-multiple-output (MIMO) wireless systems use multiple antenna elements at transmit and receive to offer improved capacity over single antenna topologies in multipath channels. In such systems, the antenna properties as well as the multipath channel characteristics play a key role in determining communication performance. This paper reviews recent research findings concerning antennas and propagation in MIMO systems. Issues considered include channel capacity computation, channel measurement and modeling approaches, and the impact of antenna element properties and array configuration on system performance. Throughout the discussion, outstanding research questions in these areas are highlighted.

Optimization Of Batch Reactions In Series With Uncertainty, Keith G. Tomazi

Chemical and Biochemical Engineering Faculty Research & Creative Works

Certain types of chemical reactions, such as the global deprotection of a polypeptide, are extremely complex. As a result, it may be very difficult or expensive to develop accurate models of these chemical reactions. Without a satisfactory kinetic model for the reaction, it is difficult to develop an optimum operating policy that will maximize the profit. Stochastic optimization is applied in this work to an example process step to obtain the optimum reaction temperature and reaction time. In the case of the "here and now" problem, the optimal conditions are a lower reaction temperature and a longer reaction time than …

Deafdigest: Blue Edition, October 31, 2004, Barry Strassler

DeafDigest Blue 2004

No abstract provided.

Deafdigest: Gold Edition, October 31, 2004, Barry Strassler

DeafDigest Gold 2004

No abstract provided.

Memahami "Cultural Studies" Dan Multikulturalisme Dari Perspektif Pascamodern, Akhyar Yusuf Lubis

Wacana, Journal of the Humanities of Indonesia

Cultural studies is a study of culture, the paradigm of which is quite different from that of the conventional (i.e. modern) studies. If we accept this view, it means that the whole problem of cultural reality, epistemology, and methodology cannot be used to understand and investigate cultural studies and multiculturalism. The infeasibility of using conventional study of culture to apprehend cultural studies and multiculturalism is related with the principle of incommensurability between those two fields, so there are different worldviews and rules (language games) between the two. This difference is vividly showed in character and model of study that conceives …