Digital Commons Network^™

Why The Rule Of Law?, Richard K. Greenstein

Louisiana Law Review

No abstract provided.

Lawlessness Revealed: The Supreme Court's Man Of Liberty Transcends Tort Law, Nelson P. Miller

Louisiana Law Review

No abstract provided.

Rediscovering Subjectivity In Contracts: Adhesion And Unconscionability, Richard L. Barnes

Louisiana Law Review

No abstract provided.

The Status Of Bystander Damage Claims In Louisiana: A Less-Than-Perfect Fit In The Tort Puzzle, Jessica Coco

Louisiana Law Review

No abstract provided.

Apparently Not: The Status Of Apparent Authority After Holloway V. Shelter Mutual Insurance, Bendel Lee Carr Jr.

Louisiana Law Review

No abstract provided.

Article I Courts, Substantive Rights, And Remedies For Government Misconduct, David A. Case

Northern Illinois University Law Review

This article argues that Article I courts can use equitable principles to provide individuals who have been victimized by corrupt behavior of government attorneys with a remedy. Article III courts have struggled to define the powers of Article I courts in a way that does not do violence to the petition clause, the appropriations clause, or the takings clause, sometimes concluding that petitioners were entitled to no relief when the government had violated some right of the petitioners. After tracing the development of claims against the government in general, and in the extant Article I courts, the article employs Professors …

Philip Melanchthon On Time And History In The Reformation , Timothy J. Wengert

Consensus

No abstract provided.

Empirical Analysis Of The Str Profiles Resulting From Conceptual Mixtures, David R. Paoletti, Travis E. Doom, Carissa M. Krane, Michael L. Raymer, Dan E. Krane

Biology Faculty Publications

Samples containing DNA from two or more individuals can be difficult to interpret. Even ascertaining the number of contributors can be challenging and associated uncertainties can have dramatic effects on the interpretation of testing results. Using an FBI genotypes dataset, containing complete genotype information from the 13 Combined DNA Index System (CODIS) loci for 959 individuals, all possible mixtures of three individuals were exhaustively and empirically computed. Allele sharing between pairs of individuals in the original dataset, a randomized dataset and datasets of generated cousins and siblings was evaluated as were the number of loci that were necessary to reliably …

Self-Adaptive Scheduler Parameterization, Barry Lawson, Evgenia Smirni

Department of Math & Statistics Technical Report Series

High-end parallel systems present a tremendous research challenge on how to best allocate their resources to match dynamic workload characteristics and user habits that are often unique to each system. Although thoroughly investigated, job scheduling for production systems remains an inexact science, requiring significant experience and intuition from system administrators to properly configure batch schedulers. State-of-the-art schedulers provide many parameters for their configuration, but tuning these to optimize performance and to appropriately respond to the continuously varying characteristics of the workloads can be very difficult — the effects of different parameters and their interactions are often unintuitive.

In this paper, …

The Case For Selection At Ccr5-Δ32, Pardis Sabeti, Emily C. Walsh, Stephen F. Schaffner, Patrick Varilly, Ben Fry, Holli Hutcheson, Mike Cullen, Tarjei S. Mikkelsen, Jessica Roy, Nick Patterson, Richard Cooper, David Reich, David Altshuler, Stephen J. O'Brien, Eric S. Lander

Biology Faculty Articles

The C-C chemokine receptor 5, 32 base-pair deletion (CCR5-Δ32) allele confers strong resistance to infection by the AIDS virus HIV. Previous studies have suggested that CCR5-Δ32 arose within the past 1,000 y and rose to its present high frequency (5%–14%) in Europe as a result of strong positive selection, perhaps by such selective agents as the bubonic plague or smallpox during the Middle Ages. This hypothesis was based on several lines of evidence, including the absence of the allele outside of Europe and long-range linkage disequilibrium at the locus. We reevaluated this evidence with the benefit …

Côte D’Ivoire Needs A New Conflict Resolution And Peace-Building Strategy, Essoh J. M. C. Essis

Peace and Conflict Studies

The military and political crisis in Cote d’Ivoire is an illustration of the assertion that resistance is a concept embodying a multitude of meanings. The Ivorian parties have framed their civil war as the result of a conflict between several meanings of resistance. The presidential party claims to lead a nationalist resistance against neocolonial forces associated with the French government, as well as a Christian resistance against Islamic terrorism. The armed rebellion and the traditional political opposition contend that their actions are justified by a duty of resistance against ethnic and religious sectarianism, as well as Mr. Gbagbo’s despotic and …

An Introductory Essay: Are We In “The Age Of Resistance” In A Post-9/11 World?, J. P. Linstroth

Peace and Conflict Studies

This introductory article to the Special Issue of Peace and Conflict Studies asks, “are we in the ‘Age of Resistance’ in a post-9/11 world?” It is argued the concept of “resistance” may be framed in a broad theoretical context to include multiple and contested meanings by social and political actors as well as by scholars and through intellectual debate. The article questions recent ideas prevalent in fauxpolitical science studies which promote a clash of civilizations, essentialize histories, support anachronistic Orientalist-approaches, and bolster foreign policy initiatives by removing the human element. The contention is for researchers and theorists to concentrate on …

Annual Report To The Pastoral Lands Board Of Western Australia: 2004 / 2005 Financial Year, Rod Williams, Philip Thomas

Natural resources published reports

The Department of Agriculture Western Australia has prepared this Annual Report for the financial year 2004 – 2005. The format is consistent with the previous two years, and now encapsulates enhanced detail and a broader range of headings within the report.

The Department of Agriculture’s services to the Board are outlined and environmental indicators are presented at the regional and property scales. New information being presented to the Board in this report includes Pastoral Lease property transfers, an explanation of the emerging Natural Resource Management program in the rangelands, the Australian Collaborative Rangeland Information System (ACRIS), an introduction to Carnarvon …

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Justice Breyer's Democratic Pragmatism, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

There have been many efforts to reconcile judicial review with democratic self-government. Some such efforts attempt to justify judicial review if and to the extent that it promotes self-rule. Active Liberty, by Justice Stephen Breyer, is in this tradition; but it is also marked by a heavy pragmatic orientation, emphasizing as it does the need for close attention to purposes and to the importance of consequences to legal interpretation. Its distinctiveness lies in its effort to forge close connections among three seemingly disparate ideas: a democratic account of judicial review; a purposive understanding of legal texts; and a neo-pragmatic emphasis …

Total Liability For Excessive Harm, Robert D. Cooter, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

The harm that each individual causes others is unverifiable in some circumstances where the total harm caused by everyone is verifiable. For example, the environmental agency can often measure the total harm caused by pollution much easier than it can measure the harm caused by each individual polluter. In these circumstances, implementing the usual liability rules or externality taxes is impossible. We propose a novel solution: Hold each participant in the activity responsible for all of the excessive harm that everyone causes. By "excessive harm" we mean the difference between the total harm caused by all injurers and the optimal …

Attention Felons: Evaluating Project Safe Neighborhood In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan

Coase-Sandor Institute for Law & Economics Research Paper Series

This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …

Beyond Marbury: The Executive's Poer To Say What The Law Is, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Under Marbury v. Madison, it is "emphatically the province and duty of the judicial department to say what the law is." But as a matter of actual practice, statements about "what the law is" are often made by the executive department, not the judiciary. In the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron v. Natural Resources Defense Council, the most-cited case in modern public law. Chevron reflects a salutary appreciation of the fact that the executive is in the best position to make the judgments of policy and principle on which …

Climatology Of Cloud-To-Ground Lightning In Georgia, Usa, 1992-2003, M.L. Bentley, J.A. Stallins

Faculty Articles, Papers, and Other Scholarship

A 12-year climatology of lightning cloud-to-ground flash activity for Georgia revealed the existence of three primary regions of high lightning activity: the area surrounding the Atlanta Metropolitan Statistical Area, east-central Georgia along the fall line, and along the Atlantic coast. Over 8.2 million ground flashes were identified during the climatology. July was the most active lightning month and December was the least active. Annual, seasonal, and diurnal distributions of cloud-to-ground flashes were also examined. These patterns illustrated the interacting effects of land cover, topography, and convective instability in enhancing lightning activity throughout Georgia. A synoptic analysis of the ten highest …

Towards A Precision Measurement Of The Casimir Force In A Cylinder-Plane Geometry, M. Brown-Hayes, D. A.R. Dalvit, F. D. Mazzitelli, W. J. Kim, R. Onofrio

Dartmouth Scholarship

We report on a proposal aimed at measuring the Casimir force in the cylinder-plane configuration. The Casimir force is evaluated including corrections due to finite parallelism, conductivity, and temperature. The range of validity of the proximity force approximation is also discussed. An apparatus to test the feasibility of a precision measurement in this configuration has been developed, and we describe both a procedure to control the parallelism and the results of the electrostatic calibration. Finally we discuss the possibility of measuring the thermal contribution to the Casimir force and deviations from the proximity force approximation, both of which are expected …

Mosaic, Vicki L. Kennedy

USF Tampa Graduate Theses and Dissertations

Mosaic is the story of Alicia O'Day, a woman who looks back at her life from the vantage point of middle age and attempts to arrange the shards of her past into something meaningful. As she relates her story, illustrating her errors, we realize she has changed and grown enough to see herself with added wisdom and humor. The chaos of her younger days is seen as a learning process. The broken vessel has been mended, and the scars from the seams add interest to the original piece.

As Alicia reviews her life, she glues the broken fragments back into …

Untranslatable You, Shireen R. K. Patell

Cardozo Law Review

No abstract provided.

Detection Of Landmines By Dogs: Environmental And Behavioural Determinants, Ian Mclean, Rebecca Sargisson, Ian Mansfield

Global CWD Repository

The overall aim of the study was to explore the effects of environmental variables on mine detection by dogs. Operational mine detection dogs were used to search for mines in a test mine field, near Kabul, Afghanistan. The key variable used in the analysis was whether a mine was found or missed by the dog. Measured during the study were: o Weather patterns through the year of the study. Weather variables (temperature, wind, humidity) at the time the dog crossed the mine. Dog behaviour. Vegetation over the mine. A soil sample was taken from over the mine and from a …

Regional Cooperation In Mine Action: The Case Of South-Eastern Europe, Gichd

Global CWD Repository

Mine action has tended to develop on a national basis. However, the experience of South-Eastern Europe has shown that a broader, regional approach can bring greater effectiveness and efficiency to mine action projects and programmes.

The main achievements of this regional approach have been to lower costs for demining (especially through international competitive bidding) while seeking to promote a high quality of work, in particular through the quality management processes of the International Trust Fund for Demining and Mine Victims Assistance (ITF). The ITF also believes that its work has improved donor strategies for the region as well as priority …

Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd

Michigan Law Review

Policymakers' false beliefs about capital punishment's universal deterrent effect may have caused many people to die needlessly. If deterrence is capital punishment's purpose then, in the majority of states where executions do not deter crime, executions kill convicts uselessly. Moreover, in the many states where the brutalization effect outweighs the deterrent effect, executions not only kill convicts needlessly but also induce the additional murders of many innocent people. After Part II discusses capital punishment's recent history in the United States, Part III reviews the conflict in recent studies on capital punishment and deterrence. Part IV explores differences in states' applications …

Uncertainty And Informed Choice: Unmasking Daubert, Margaret A. Berger, Aaron D. Twerski

Michigan Law Review

This Article will first examine why it is that plaintiffs have been unable to prove causation under the Daubert guidelines in toxic tort litigation. Second, it will look at the two existing models for informed choice litigation medical malpractice and products liability-and demonstrate why neither of these models gives toxic tort plaintiffs a fair opportunity to recover for the deprivation of patient autonomy against drug manufacturers who have breached their duty to warn of known or knowable risks. Finally, this Article will explore the elements of a causation-free informed choice cause of action. It will suggest the appropriate standard for …

Private Standards In Public Law: Copyright, Lawmaking And The Case Of Accounting, Lawrence A. Cunningham

Michigan Law Review

Government increasingly leverages its regulatory function by embodying in law standards that are promulgated and copyrighted by nongovernmental organizations. Departures from such standards expose citizens to criminal, civil, and administrative sanctions, yet private actors generate, control, and limit access to them. Despite governmental ambitions, no one is responsible for evaluating the legitimacy of this approach ex ante and no framework exists to facilitate analysis. This Article contributes an analytical framework and proposes institutional mechanisms to implement it. The lack of a comprehensive framework for evaluating copyright to standards embodied in law is surprising because the range of standards potentially affected …

Erratum: Publisher's Note: Calculation Of The One- And Two-Loop Lamb Shift For Arbitrary Excited Hydrogenic States (Physical Review Letters (2005) 95 (180404)), Andrzej Czarnecki, Ulrich D. Jentschura, Krzysztof Pachucki

Physics Faculty Research & Creative Works

No abstract provided.

Stabilizers: Safe Lightweight Check- Pointing For Concurrent Programs, Lukasz Ziarek, Philip Schatz, Suresh Jagannathan

Department of Computer Science Technical Reports

No abstract provided.

Automated Monitor Based Diagnosis In Distributed Systems, Gunjan Khanna, Mike Yu Cheng, Padma Varadharajan, Saurabh Bagchi, Miguel P. Correia, Paulo J. Veríssimo

Department of Electrical and Computer Engineering Technical Reports

In today's world where distributed systems form many of our critical infrastructures, dependability outages are becoming increasingly common. In many situations, it is necessary to not just detect a failure, but also to diagnose the failure, i.e., to identify the source of the failure. Diagnosis is challenging since high throughput applications with frequent interactions between the different components allow fast error propagation. It is desirable to consider applications as black-boxes for the diagnosis process. In this paper, we propose a Monitor architecture for diagnosing failures in large-scale network protocols. The Monitor only observes the message exchanges between the protocol entities …