Digital Commons Network^™

Contracting Under Amended 2-207 (Freedom From Contract Symposium), James J. White

Articles

Amended Section 2-207 of the Uniform Commercial Code1 (the Code) states new contract rules. I call these "contract rules" to avoid the labels of contract formation and contract interpretation. These new rules cure many of the problems presented by current Section 2-2072 and remind courts that the purpose of Section 2-207 is to interpret a contract that has been made, not to see if a contract exists. One is tempted to label current Section 2-207 as a contract formation provision-and to some extent that would be right-but most of this Section's work has been in contract interpretation, not in contract …

Chevron And Preemption, Nina A. Mendelson

Articles

This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …

Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar

Articles

As my colleague James Boyd White has observed, It may look as though we are all doing the same thing, as we huddle over our typewriters or computers, producing work called articles or books, but we are in fact often doing very different things, and I think it is important to recognize and value these differences, in ourselves and in others. There are not only differences in what we write but in whom it is that we write for. Unlike Professor White,2 I usually write as professional to professional. Again, unlike Professor White,3 I am fairly comfortable with "the voice …

Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg

Articles

In this Article, I consider the possibility of giving the USPTO input from currently active technological practitioners in evaluating the obviousness of claimed inventions. Such input could potentially serve three useful functions. First, it could improve the accuracy of USPTO decisionmaking by providing access to the perspective of actual practitioners as to the obviousness of inventions from the perspective of the hypothetical PHOSITA. Second, it could help the USPTO document the evidentiary basis for rejections that rest in part upon tacit knowledge within technological communities. Third, it could provide a quality control mechanism that would improve the credibility of USPTO …

Julia's Dilemma, Andra Gumbus, Jill Woodilla

WCBT Faculty Publications

Julia, a professional woman in her mid-thirties, has had relapsing-remitting multiple sclerosis as a part of her life for the last five years. Now she must decide whether to disclose her hidden illness at work. Julia disclosed her illness to her manager in a prior employment, when her MS was first diagnosed, and experienced a supportive response. But she was always mindful that her performance would likely be carefully scrutinized since she was in a job that required strict deadlines. Julia made a career change about a year ago, and did not tell anyone in her new organization that she …

Ethical Reflections On Cyberstalking, Frances Grodzinsky, Herman T. Tavani

School of Computer Science & Engineering Faculty Publications

This essay examines some ethical aspects of stalking behavior in cyberspace. We have argued elsewhere that recent online stalking incidents raise a wide range of ethical concerns, including issues affecting gender (Grodzinsky and Tavani, 2001), personal privacy (Tavani and Grodzinsky, 2002), and physical vs. virtual harm (Grodzinsky and Tavani, 2002). The primary axis of discussion in this essay has to do with implications that cyberstalking has for our notion of moral responsibility, both at the collective (or group) and individual levels. For example, do collectivities and organizations such as Internet service providers (ISPs) have any moral obligations to cyberstalking victims, …

Out With The Old And In With The New: The Second Circuit Shows It's Time For The Supreme Court To Finally Overrule Mcdonnell Douglas, Kerry S. Acocella

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Desert Palace, Inc. v. Costa case represents a significant shift in employment discrimination law under Title VII, as it simplifies the process for plaintiffs to prove discrimination by allowing the use of circumstantial evidence in mixed-motive claims. The decision aligns with the 1991 Civil Rights Act and highlights the need to reassess the stricter standards of the McDonnell Douglas framework, which the author critiques as overly burdensome. The analysis also examines the implications of this shift through the lens of the Sanders v. NYC HRA case, advocating for the explicit overruling of McDonnell Douglas in …

Robert James Simms: Standard Bearer For Family And Fairness (1947-2004), Morison Buck

Morison Buck Biographies of Hillsborough County Judges

A biography of Judge Robert Simms who served on Florida's Thirteenth Circuit.

2004-2005 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

2004-2005 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

Congress, Public Values, And The Financing Of Private Choice, Mary L. Heen

Law Faculty Publications

This Article examines the financing dimension of private choice, with a focus on Congress’s taxing and spending decision-making processes. The Article begins with an overview of the financing and performance dimensions of privatization decisions, followed by an analysis of how taxation relates to both dimensions. Private choice can be financed individually, that is, paid for by an individual’s own resources, facilitated by general tax reduction. Alternatively, private choice can be financed collectively by using tax revenues (or borrowed funds) to pay for privately provided goods and services. The tendency in political debate to conflate those two forms of financing, as …

Muscular Fitness And All-Cause Mortality: Prospective Observations, Shannon J. Fitzgerald, Carolyn E. Barlow, James B. Kampert, James R. Morrow Jr., Allen W. Jackson, Steven N. Blair

Faculty Publications

Background: The beneficial effects of cardiorespiratory fitness on mortality are well known; however, the relation of muscular fitness, specifically muscular strength and endurance, to mortality risk has not been thoroughly examined. The purpose of the current study is to determine if a dose-response relation exists between muscular fitness and mortality after controlling for factors such as age and cardiorespiratory fitness.

Methods: The study included 9105 men and women, 20-82 years of age, in the Aerobics Center Longitudinal Study who have completed at least one medical examination at the Cooper Clinic in Dallas, TX between 1981 and 1989. The exam included …

Free To Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla

Law Faculty Publications

While the Supreme Court shirked the merits of the corporate free speech debate in Nike v. Kasky with the cryptic dispatch that the petition for a writ of certiorari was "improvidently granted," the decision of those who organized this Symposium to proceed with scholarly commentary on the case was not improvidently made. One will find no shirkers here. ...

Cross Burning: Virginia V. Black, Rodney A. Smolla

Law Faculty Publications

My first encounter with Virginia's cross-burning law was in a meeting of the Virginia ACLU Legal Panel. I sat in a group of about a dozen other volunteer lawyers listening as potential cases were presented to the panel for review. We were told the story of a Ku Klux Klan leader who had been arrested for burning a cross during a Ku Klux Klan rally conducted on a backwoods farm in southwestern Virginia, with the permission of a landowner. A copy of the Virginia cross-burning statute was distributed for us to read:

It shall be unlawful for any person or …

Parameter Estimates For A Pemfc Cathode, Qingzhi Guo, Vijay A. Sethuraman, Ralph E. White

Faculty Publications

Five parameters of a model of a polymer electrolyte membrane fuel cell (PEMFC) cathode (the volume fraction of gas pores in the gas diffusion layer, the volume fraction of gas pores in the catalyst layer, the exchange current density of the oxygen reduction reaction, the effective ionic conductivity of the electrolyte, and the ratio of the effective diffusion coefficient of oxygen in a flooded spherical agglomerate particle to the square of that particle radius) were determined by least-squares fitting of experimental polarization curves. The values of parameters obtained in this work indicate that ionic conduction and gas-phase transport are two …

Development Of First Principles Capacity Fade Model For Li-Ion Cells, P. Ramadass, Bala Haran, Parthasarathy M. Gomadam, Ralph E. White, Branko N. Popov

Faculty Publications

A first principles-based model has been developed to simulate the capacity fade of Li-ion batteries. Incorporation of a continuous occurrence of the solvent reduction reaction during constant current and constant voltage (CC-CV) charging explains the capacity fade of the battery. The effect of parameters such as end of charge voltage and depth of discharge, the film resistance, the exchange current density, and the over voltage of the parasitic reaction on the capacity fade and battery performance were studied qualitatively. The parameters that were updated for every cycle as a result of the side reaction were state-of-charge of the electrode materials …

Solvent Diffusion Model For Aging Of Lithium-Ion Battery Cells, Harry J. Ploehn, Premanand Ramadass, Ralph E. White

Faculty Publications

This work presents a rigorous continuum mechanics model of solvent diffusion describing the growth of solid-electrolyte interfaces (SEIs) in Li-ion cells incorporating carbon anodes. The model assumes that a reactive solvent component diffuses through the SEI and undergoes two-electron reduction at the carbon-SEI interface. Solvent reduction produces an insoluble product, resulting in increasing SEI thickness. The model predicts that the SEI thickness increases linearly with the square root of time. Experimental data from the literature for capacity loss in two types of prototype Li-ion cells validates the solvent diffusion model. We use the model to estimate SEI thickness and extract …

Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell

Cardozo Journal of Conflict Resolution

This note will question whether the processes devised by the Agreement really favor survivors, helping them to realize some form of compensation for their insurance polices. Despite the efforts of the Agreement to prevent litigation of such insurance claims, there are still cases being filed, and legislation being proposed, to try to facilitate compensatory actions at a faster pace. While the Agreement on its face seems to be a welcome solution to the vast amount of litigation, it may be that the Agreement was a convenient way for Germany to dispose of the hundreds of thousands of life insurance policy …

Carbon Dioxide Dynamics During A Growing Season In Midwestern Cropping Systems, J. H. Prueger, J. L. Hatfield, T. B. Parkin, W.P. Kustas, T. C. Kaspar

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

Daily and seasonal CO₂-exchange dynamics between the boundary layer and biosphere is important to understanding Net Ecosystem Exchange of terrestrial ecosystems. Spatial and temporal variations of CO₂ fluxes across midwestern cropping systems have not been well documented. This study was designed to monitor and evaluate spatial and temporal dynamics of CO₂ exchange across a watershed region for typical production fields of corn (Zea mays L.) and soybean [Glycine max (L.) Merr.] in the Midwest by quantifying the above-canopy, within-canopy, and soil components of C balance for this cropping system. An energy-balance approach using eddy …

Potential For Escape Of Live Boll Weevils (Coleoptera: Curculionidae) Into Cottonseed, Motes, And Cleaned Lint At The Cotton Gin, Thomas W. Sappington, Alan D. Brashears, Megha N. Parajulee, Stanley C. Carroll, Mark D. Arnold, Roy V. Baker

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

Reintroductions of the boll weevil, Anthonomus grandis grandis Boheman, into areas of the United States where it has been eradicated or suppressed are very expensive to mitigate. There is concern that a cotton gin in an eradication zone may serve as a site of boll weevil reintroductions when processing cotton harvested in a neighboring infested zone. Similarly, there is a question whether weevil-free areas can safely import gin products, such as cottonseed and baled lint, from infested areas without risking an introduction. Many countries require fumigation of imported U.S. cotton bales to protect against boll weevil introductions, costing the U.S. …

Geospatial Technology, Philip Reed, John Ritz

STEMPS Faculty Publications

Geospatial technology refers to a system that is used to acquire, store, analyze, and output data in two or three dimensions. This data is referenced to the earth by some type of coordinate system, such as a map projection. Geospatial systems include thematic mapping, the Global Positioning System, remote sensing, telemetry, and Geographic Information Systems. The science of mapmaking, cartography, has been around for centuries, and no one is sure of its true beginnings. Each of the above subsystems are elaborate fields unto themselves, however, researchers are linking them together to better understand the world in which we live. Learning …

Does Baldrige Make A Business Case For Quality?, Mark L. Dean, Cynthia L. Tomovic

STEMPS Faculty Publications

The Malcolm Baldrige National Quality Award (MBNQA) is a widely accepted model promoting quality management as a means to business success. However, because business results are themselves part of the model, the contribution of the approach-deployment elements to results cannot be determined. The National Institute of Standards and Technology (NIST) maintains a history of Baldrige applications and the results of their evaluations. Statistical analysis of these data could yield insight into whether the approach-deployment advocated by the Baldrige model actually produces excellent results. Although NIST does not currently allow access to the data, future empirical evaluation of the data could …

Simulating Nitrate Drainage Losses From A Walnut Creek Watershed Field, A. Bakhsh, J. L. Hatfield, R. S. Kanwar, L. Ma, L. R. Ahuja

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

This study was designed to evaluate the improved version of the Root Zone Water Quality Model (RZWQM) using 6 yr (1992–1997) of field-measured data from a field within Walnut Creek watershed located in central Iowa. Measured data included subsurface drainage flows, NO₃–N concentrations and loads in subsurface drainage water, and corn (Zea mays L.) and soybean [Glycine max (L.) Merr.] yields. The dominant soil within this field was Webster (fine-loamy, mixed, superactive, mesic Typic Endoaquolls) and cropping system was corn–soybean rotation. The model was calibrated with 1992 data and was validated with 1993 to 1997 data. …

Case Study: Effects Of Delaying Implant And Programmed Rate Of Gain On Performance And Carcass Characteristics Of Yearling Beef Steers, G. Scaglia, L. W. Greene, F. T. Mccollum, N. A. Cole, T. H. Montgomery

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

Ninety-six steers (average BW = 335 ± 36 kg) were allotted in a completely randomized design with a 2 × 2 factorial arrangement of treatments. Factors were 1) implant on d 1 or no implant and 2) ad libitum access to feed on d 1 or programmed-fed for a target BW gain of 1.4 kg/d during the first 62 d of the feeding period. On d 63, all steers were implanted with Revalor-S^® (Hoechst Roussel Vet, Overland Park, KS) and provided ad libitum access to feed until harvest. From d 63 to 116, ADG and gain efficiency (g gain/kg …

Putting Genes Into Genetic Coefficients, P. Stephen Baenziger, Gregory S. Mcmaster, Wallace Wilhelm, Albert Weiss

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

Plant parameters are critical inputs in crop simulation models and allow a general set of algorithms to represent features of specific cultivars. A subset of plant parameters is often referred to as "genetic coefficients". However, these genetic coefficients are developed from phenotypic observations, usually have a weak genetic basis, and are at best "genotypic" coefficients because they consider the genotype from a very integrative perspective and likely include some impact of environment on the trait or characteristic described. With increased understanding of crop genomes, we believe models can be improved by incorporating genetic coefficients that accurately describe the action of …

Behavioral And Neural Correlates Of Perceived And Imagined Musical Timbre, Andrea R. Halpern, Robert J. Zattore, Marc Bouffard, Jennifer A. Johnson

Faculty Journal Articles

The generality of findings implicating secondary auditory areas in auditory imagery was tested by using a timbre imagery task with fMRI. Another aim was to test whether activity in supplementary motor area (SMA) seen in prior studies might have been related to subvocalization. Participants with moderate musical background were scanned while making similarity judgments about the timbre of heard or imagined musical instrument sounds. The critical control condition was a visual imagery task. The pattern of judgments in perceived and imagined conditions was similar, suggesting that perception and imagery access similar cognitive representations of timbre. As expected, judgments of heard …

Investigation Of A Fuzzy-Neural Network Application In Classification Of Soils Using Ground-Penetrating Radar Imagery, Lameck O. Odhiambo, R. S. Freeland, R. E. Yoder, J. W. Hines

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Errors associated with visual inspection and interpretations of radargrams often inhibit the intensive surveying

of widespread areas using ground-penetrating radar (GPR). To automate the interpretive process, this article presents an

application of a fuzzy-neural network (F-NN) classifier for unsupervised clustering and classification of soil profiles using

GPR imagery. The classifier clusters and classifies soil profile strips along a traverse based on common pattern similarities

that can relate to physical features of the soil (e.g., number of horizons; depth, texture, and structure of the horizons; and

relative arrangement of the horizons, etc.). This article illustrates this classification procedure by its application …

Deep Muscle Function In The Cervical Spine: Application To Musculoskeletal Modelling, Jonathon Green

Theses : Honours

Neck pain in occupational tasks is a problem that involves a high cost to society therefore, understanding the mechanics of musculoskeletal loading is important in formulating preventative rehabilitation strategies. Musculoskeletal modelling of the neck provides a means by which to calculate loads on the components and muscles of the neck thus allowing quantitative data to be gained non-invasivcly for a wide range of occupational tasks. Anatomically detailed, electromyography (EMG) driven neck models require deep muscle EMG activation profiles which arc difficult to attain without invasive EMG procedures. The aim of this study was to determine whether EMG activity of semispinalis …

Can Anybody Own The Internet? : Microsoft, Open-Source And The Debate About Intellectual Property, Greg Stratton

Theses : Honours

The Internet has become one of the most important mediums of communication and information in modem society. For many, the rapid adoption of these technologies into mainstream society has been combined with a reliance on commercial software, most notably the Microsoft Corporation's Windows operating system. Question arise out of the commercial dominance in a realm that until recently was characterised by the collective sharing of information and ideas. Although there is a lack of established sociological literature in this field, established literature on ownership, global capital, political economy and social exclusion have been identified and drawn upon to fill this …

The Death Penalty In Montana: A Violation Of The Constitutional Right To Individual Dignity, Amanda K. Eklund

Montana Law Review

The Death Penalty in Montana