Digital Commons Network^™

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

William & Mary Law Review

No abstract provided.

The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel

William & Mary Law Review

No abstract provided.

Martin Luther's Concerns With The Numinous In The Lord's Supper , Egil Grislis

Consensus

No abstract provided.

Asynchronous Ds-Ss Cdma Random Spreading Code Correlation Statistics In The Presence Of Timing Error, David W. Matolak

Faculty Publications

We quantify the effect of timing tracking errors upon 2nd order correlation statistics of random binary spreading codes and, in so doing, fill a gap in the literature. Using a Gaussian model for timing tracking error, new expressions for autocorrelation statistics are derived. For crosscorrelations, we show that a zero mean Gaussian timing error has no effect upon 2nd order crosscorrelation statistics.

Going To War With The Allies You Have: Allies, Counterinsurgency, And The War On Terrorism, Daniel Byman Dr.

Books, Monographs & Collaborative Studies

Washington must recognize that its allies, including those in the security forces, are often the source of counterinsurgency problems as well as the heart of any solution. The author argues that the ally's structural problems and distinct interests have daunting implications for successful U.S. counterinsurgency efforts. The nature of regimes and of societies feeds an insurgency, but the United States is often hostage to its narrow goals with regard to counterinsurgency and thus becomes complicit in the host-nation's self-defeating behavior. Unfortunately, U.S. influence often is limited as the allies recognize that America's vital interests with regard to fighting al-Qa'ida-linked groups …

Fourth-Generation War And Other Myths, Antulio J. Echevarria Dr.

Books, Monographs & Collaborative Studies

Fourth Generation War (4GW) emerged in the late 1980s, but has become popular due to recent twists in the war in Iraq, and terrorist attacks worldwide. In brief, the theory holds that warfare has evolved through four generations: 1) the use of massed manpower, 2) firepower, 3) maneuver, and now 4) an evolved form of insurgency that employs all available networks—political, economic, social, military—to convince an opponent's decision makers that their strategic goals are either unachievable or too costly. Further, the theory contends that this last form characterizes the terrorists' way of fighting today. Despite reinventing itself several times, the …

Coup D'Oeil: Strategic Intuition In Army Planning, William Duggan Dr.

Books, Monographs & Collaborative Studies

Dr. William Duggan shows how to reconcile analytical and intuitive methods of decisionmaking, by drawing on recent scientific research that brings the two together. He applies this new research to the Army's core methods of analytical decisionmaking as found in FM 5-0, Army Planning and Orders Production. The result is "strategic intuition," which bears remarkable resemblance to von Clausewitz's idea of coup d'oeil in his classic work, On War. Dr. Duggan's study provides a theoretical overview of strategic intuition and practical suggestions for amending FM 5-0 to take it into account.

Clinical Characteristics Of Crohn S Disease In Qatar, Mohammed T. Butt, Abdulbari Bener, Saad Al-Kaabi, Rafie Yakoub

Saudi Medical Journal

OBJECTIVE: To assess the clinical characteristics of Crohn9s disease (CD) in Qatar. METHODS: This is a retrospective descriptive study. We studied 50 CD patients admitted to Hamad General Hospital over a period of 8 years from January 1995 to December 2002. We retrospectively collected and analyzed the demographic and clinical data. We made the diagnostic classification of definite CD in accordance with the criteria based on the International Classification of Disease ninth revision [ICD-9]. We based the obtained information on the following parameters: the age at the time of admission, gender and Crohn9s risk factor profiles. RESULTS: Of the studied …

Albumin. Its Place In Critical Care Practice, Mariam A. Al-Ansari

Saudi Medical Journal

No abstract provided.

Borderplex Economic Outlook: 2005-2007, Thomas M. Fullerton Jr.

Border Region Modeling Project

No abstract provided.

Bankruptcy Law, Richard C. Maxwell, B. Webb King

University of Richmond Law Review

No abstract provided.

Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii

University of Richmond Law Review

This article will summarize recent developments of interest to practitioners handling civil cases in the courts of the Commonwealth of Virginia. Specifically included are relevant decisions of the Supreme Court of Virginia dating from opinions announced on June 10, 2004 to those announced on April 22, 2005; changes to the Rules of the Supreme Court of Virginia announced during the same time period; and legislation enacted by the Virginia General Assembly at its 2005 Session, effective July 1, 2005.

Size Matters (Or Should) In Copyright Law, Justin Hughes

Articles

American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent copyright protection for smaller and smaller pieces of expression, particularly in recent cases involving valuation and taxonomy systems. Copyright case law is rife with dicta suggesting protection of short phrases and single words.

This instability in copyright law is rooted in the fiction that we deny copyright protection to short phrases and single words because they lack originality. In fact, there are many short phrases that cross copyright's low threshold …

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

Articles

No abstract provided.

Trusting Trustees: Fiduciary Duties And The Limits Of Default Rules, Melanie B. Leslie

Articles

No abstract provided.

Detection Of Covert Channel Encoding In Network Packet Delays, Vincent Berk, Annarita Giani, George Cybenko

Computer Science Technical Reports

Covert channels are mechanisms for communicating information in ways that are difficult to detect. Data exfiltration can be an indication that a computer has been compromised by an attacker even when other intrusion detection schemes have failed to detect a successful attack. Covert timing channels use packet inter-arrival times, not header or payload embedded information, to encode covert messages. This paper investigates the channel capacity of Internet-based timing channels and proposes a methodology for detecting covert timing channels based on how close a source comes to achieving that channel capacity. A statistical approach is then used for the special case …

Intellectual Property, Trade & Development: The State Of Play, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual property protection in developing countries. Economics provides a useful set of analytical tools and are directly relevant, in particular since the successfully arranged marriage of IP and trade rules after which it became inevitable that IP rules would be measured using an economic yardstick. The Paper also considers the claim that making proper intellectual property policy is impossible or inherently unreliable because theoretical models are inadequate or valid empirical data unavailable. Against this backdrop, the Article then examines the emergence of the World Trade Organization …

Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, Randall Thomas, James D. Cox

Vanderbilt Law School Faculty Publications

This article presents the results of an empirical investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a large set of settlements with the results of a survey of institutional investors about their claims filing practices. Our sample for the first part of the analysis contains 118 settlements that were not included in our earlier study. We find that less than 30% of institutional investors with provable losses perfect their claims in these settlements. We then explore the possible explanations for this widespread failure. We suggest a wide …

Book Review: Malcolm Lawrence, Something Will Come Along: Witty Memoirs Of A Foreign Service Officer, Dwight Page

Swiss American Historical Society Review

Upon opening this little volume and reading its first lines, the reader is instantly overwhelmed by a sensation of delicious delight. No dull dry account of a bureaucratic life behind a dusty desk is this, but rather the fascinating memoirs of a man, Mr. Malcolm Lawrence of Chevy Chase, Maryland, who in his lifetime career in American diplomacy and government has made a major impact upon and has exercised a positive influence upon European and American as well as Swiss and American relations.

Exploring Teachers' Perceptions Of Their Preparedness For Culturally Responsive Teaching, Mary T. Brauch Petersen

Student Work

This study sought to examine how teachers perceived they were prepared for culturally responsive teaching (CRT). CRT refers to the ability of a teacher to use prior knowledge or experience to either teach children of diversity certain content topics or to teach all children in the classroom cultural topics. Culturally responsive teaching is demonstrated by teachers' possessing" (a) knowledge and sensitivity about cultural influences, (b) ability to provide a supportive learning context, (c) appropriate instruction and assessment, and (d) facilitation of parental involvement" (Daunic, Correa, & Reyes-Blanes, 2004, p. 106).

Substantially Deferring To Revenue Rulings After Mead, Ryan C. Morris

BYU Law Review

No abstract provided.

Alignment Dynamics Of Slow Light Diffusion In Ultracold Atomic 85Rb, S. Balik, R. G. Olave, C. I. Sukenik, M. D. Havey, V. M. Datsyuk, I. M. Sokolov, D. V. Kupriyanov

Physics Faculty Publications

A combined experimental and theoretical investigation of time- and alignment-dependent propagation of light in an ultracold atomic gas of atomic ⁸⁵Rb is reported. Coherences among the scattering amplitudes for light scattering off excited hyperfine levels produce strong variations of the light polarization in the vicinity of atomic resonance. Measurements are in excellent agreement with Monte Carlo simulations of the multiple scattering process.

Earnings Quality: It's Time To Measure And Report, Jodi L. Gissel, Don E. Giacomino, Michael D. Akers

Accounting Faculty Research and Publications

Earning's quality is an important aspect of evaluating an entity's financial health, yet investors, creditors, and other financial statement users often overlook it. Earnings quality refers to the ability of reported earnings to reflect the company's true earnings, as well as the usefulness of reported earnings to predict future earnings. The SEC and the investing public are demanding greater assurance about the quality of earnings. There is significant need for the development of a uniform definition and a consistent model to measure earnings quality. An Earnings Quality Assessment (EQA) is a proposed model that is consistent with this definition. The …

New Strategies For Justice: Linking Corporate Law With Progressive Social Movements, An Introduction, Dana L. Gold

Seattle Journal for Social Justice

No abstract provided.

Of Driver's Licenses And Debtor's Prison, John B. Mitchell, Kelly Kunsch

Seattle Journal for Social Justice

No abstract provided.

How Sarbanes-Oxley Should Be Used To Expose The Secrets Of Discretion, Judgment, And Materiality Of The Auditor's Report, Arthur Acevedo

DePaul Business & Commercial Law Journal

No abstract provided.

Is Business Ethics Necessary?, Craig Ehrlich

DePaul Business & Commercial Law Journal

No abstract provided.

Considering Tortious Racism, Camille A. Nelson

DePaul Journal of Health Care Law

No abstract provided.

Could Biobanking Be A Means To Include "Health Care Have-Nots" In The Genomics Revolution?, Michael J. Malinowski

DePaul Journal of Health Care Law

No abstract provided.

Less Bull, Better Bioethics, Dr. Jerry Menikoff

DePaul Journal of Health Care Law

No abstract provided.