Digital Commons Network^™

State Action Antitrust Exemption Collides With Deregulation: Rehabilitating The Foreseeability Doctrine, Elizabeth Trujillo

Faculty Scholarship

The state action antitrust exemption, also known as the state action immunity doctrine, is used by antitrust defendants to shield themselves against antitrust liability in instances where their anticompetitive conduct, if not under the aegis of state policy, would have been deemed a violation of federal antitrust law. Under the Midcal test, a court may grant state action immunity to a defendant if it is proven that the alleged anticompetitive conduct is pursuant to a clearly-articulated state policy and has been actively supervised by the state.

This paper evaluates the role, function, and definition of the state action exemption in …

Unreasonable Conditions Impeding Our Nation's Charities: An Unconstitutional Condition In The Combined Federal Campaign, Amy K. Ryder Wentz

Cleveland State Law Review

The Combined Federal Campaign (CFC) is an annual charity drive in which profit organizations that receive funds through the CFC to compare the names of their employees against the names on terrorist watch lists and then notify the federal government of any matches. If an organization refuses to abide by this mandate, it is prohibited from soliciting and receiving donations through the CFC. This new requirement presents a question of first impression for the courts When the issue makes its way into a courtroom, the courts may be tempted to follow the analysis of Cornelius v. NAACP Legal Defense and …

Reconsidering The Scope And Consequences Of Appellate Review In The Certification Decision Of Dukes V. Wal-Mart Stores, Inc. , Nicole Hitch

Cleveland State Law Review

This article will explore the Federal Rules of Civil Procedure and their application in the granting or denial of certification in an employment discrimination class action. In doing so, this article will examine how the district court applied these rules in the Wal-Mart action, which resulted in the certification of the largest private class action suit in American history. Additionally, this article will consider the consequences of the Ninth Circuit's utilization of permissive and liberal standards and, alternatively, the consequences of incorporation of stricter standards from various other circuit courts and the possible result of denial of certification.

Table Of Contents - Issues 1& 2, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Propertization, Contract, Competition, And Communication: Law's Struggle To Adapt To The Transformative Powers Of The Internet, David Barnhizer

Cleveland State Law Review

This Symposium focuses in part on the ideas of Margaret Jane Radin as a point of departure for the various contributions. A key part of the analysis includes the process she calls propertization in the context of intellectual property rules and the Internet. The approach taken in this introductory essay is twofold. The first part presents some key points raised by the Symposium contributors. Of course, that overview is necessarily incomplete, because the contributions represent a rich group of analyses about vital concerns relating to how our legal system should respond to the challenge of the Internet and information systems …

Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison

Cleveland State Law Review

As its two main Parts will evidence, this Comment remains the product of two distinct if overlapping voices. Part II returns to the conceptual origins of Radin's theory in her general critique of objectification and commodification. It asks whether a more positive concept of objectification can be recovered that is distinguishable from reification, the latter seeming to be the more appropriate locus of Radin's criticism. Part III's response to Radin is similar, but it tries to exemplify both our appreciation of and our differences from her work through more detailed analysis of intellectual property law and theory.

Monism, Nominalism, And Public-Private In The Work Of Margaret Jane Radin, Christopher L. Sagers

Cleveland State Law Review

This essay begins by situating the distinction in history generally and in American legal thought. Its historical aspect seems important because it suggests that the distinction is not predetermined—it is historically and culturally contingent. That fact has been largely ignored in the American legal academy, and among most of the judiciary it is all but outright socialist treachery to suggest it.

The essay moves on to consider Radin's work itself. The prominence of the distinction is relatively obvious in some of her work on technological marketing and design issues, but I will suggest that in fact it runs quietly just …

Goodbye To Affidavits - Improving The Federal Affidavit Substitute Statute, Ira Shiflett

Cleveland State Law Review

Thirty years ago, Congress recognized that the costs of notarization generally outweighed the benefits. In 1976, Congress enacted 28 U.S.C. § 1746, intending to limit the circumstances in which a notary would be required. Section 1746 provides that whenever a document is required to be supported by a notarized statement other than a deposition, an oath of office, or an oath required to be taken before an official other than a notary, a declaration under penalty of perjury is a sufficient substitute. Congress recognized that it could be inconvenient to find a notary, especially on the weekends or for people …

Inconsistent Methods For The Adjudication Of Alleged Mentally Retarded Individuals: A Comparison Of Ohio's And Georgia's Post-Atkins Frameworks For Determining Mental Retardation, Scott R. Poe

Cleveland State Law Review

This Note compares Ohio's and Georgia's post-Atkins frameworks for determining mental retardation. Ohio's framework offers a fairer application of Atkins and should serve as a guide for a national legal standard for use by state trial courts to determine mental retardation. Specifically, Ohio's use of preponderance of the evidence is a more appropriate standard of proof for determining mental retardation because it better reaches the overall goal in Atkins. Allowing the judge to make the mental retardation determination protects the alleged mentally retarded defendant from potential jury bias. Because Ohio's and Georgia's definitions of mental retardation are substantially similar and …

Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson

Cleveland State Law Review

This article will discuss the emergence of GPS technology in the field of criminal law and propose that Ohio embrace GPS monitoring as an alternative to the incarceration of nonviolent offenders. Part II will begin by briefly outlining the history of GPS technology. Part II will then discuss the use of GPS monitoring in the field of law enforcement. Specifically, this Part will illustrate the different components necessary for the implementation of an effective GPS monitoring program and explain the use of inclusion and exclusion zones. Part III will examine the status of Ohio's state prison system and will focus …

Blizzard Watch : Plant Sciences : 2005-2006

Blizzard Watch Newsletter

Newsletter for the Department of Plant Sciences.

Securities Mediation: Dispute Resolution For The Individual Investor, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

Part I of this article will provide a brief history of ADR in the securities industry (primarily arbitration), and then will describe the emergence of mediation as an alternative to arbitration. Part II will explore the state and federal statutory regulations that arguably govern the securities mediation process, and their impact on procedural and substantive justice. In particular, this section will review the applicability to and impact on securities mediation of the Securities Exchange Act of 1934 (1934 Act), the Federal Arbitration Act (FAA), and state mediation statutes, including the Uniform Mediation Act. In this section, I will argue that …

Comparison Of Two Optimal Control Strategies For A Grid Independent Photovoltaic System, Richard L. Welch, Ganesh K. Venayagamoorthy

Electrical and Computer Engineering Faculty Research & Creative Works

This paper presents two optimal control strategies for a grid independent photovoltaic system consisting of a PV collector array, a storage battery, and loads (critical and non-critical loads). The first strategy is based on Action Dependent Heuristic Dynamic Programming (ADHDP), a model-free adaptive critic design (ACD) technique which optimizes the control performance based on a utility function. ADHDP critic network is used in a PV system simulation study to train an action neural network (optimal neurocontroller) to provide optimal control for varying PV system output energy and loadings. The second optimal control strategy is based on a fuzzy logic controller …

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land …

Emc Expert Systems For Evaluating Automotive Designs, Todd H. Hubing

Electrical and Computer Engineering Faculty Research & Creative Works

The automobiles of the future are being designed on computers and a significant amount of performance and safety testing is done using computer models. by the time the first hardware prototype is built, many critical design decisions affecting intersystem and intra-system electromagnetic compatibility (EMC) have been made. Therefore, it is becoming increasingly important to perform the first EMC design review well before any hardware is available to test. Automotive EMC expert systems examine the relevant aspects of an automotive design while it is still on the computer to spot design features that are likely to cause EMC problems. © 2006 …

How Service-Learning Can Enhance The Pedagogy And Culture Ofengineering Programs At Institutions Of Higher Education: A Review Of The Literature, Jessica L. Paquin

Thesis, Dissertations, Student Creative Activity, and Scholarship

Many colleges and universities are actively renewing their commitment to service and to the transmission of knowledge for the public good. Students, faculty and administrators alike recognize the need to synthesize academic proficiency with responsible citizenry, in order to effectively participate in a diverse democracy.

As societal needs change, disciplines change as well. The field of engineering is no exception. A competitive, diverse, global market has forced vast changes in accreditation standards, which heavily impact the university and college engineering programs that tailor instruction to meet accreditor's requirements. In response to the evolving demands of industry, the field of engineering …

The Role Of Groups In Norm Transformation: A Dramatic Sketch, In Three Parts, Robert B. Ahdieh

Chicago Journal of International Law

This Essay seeks to sketch the preliminary outlines of a story in which groups matter. Groups are something more than the sum of their parts, I will suggest, or at least something different. Particularly in the unsticking of sticky norms-a task for which legal scholars have commonly looked to "expressive law" and individual "norm entrepreneurs"-groups might also have a role to play. Such lock-in of inefficient norms is especially likely, moreover, where coordination is the dominant strategic imperative. With increasing globalization and a growing role for technology in the modern economy-each of which depends upon patterns of convergence-such coordination is …

Stock Exchanges At The Crossroads, Andreas M. Fleckner

Fordham Law Review

No abstract provided.

Media, Race, And Attitudes Toward People On Welfare, Stephanie Bramlett

Master's Theses and Capstones

This research gives insight to why some Americans have negative attitudes toward people on welfare. This study begins by exploring how the construct of race has manifested itself throughout televised news broadcasts and the welfare system in the United States.

This research uses a combination of content analysis, secondary research and American National Election Survey Data analysis to explain the relationship between the media and support for welfare programs. The study investigates three main hypotheses: H1: Blacks are overrepresented as perpetrators of crime in televised news broadcasts compared to the actual number of crimes committed by Blacks, H2: As trust …

Native Gastropods And Introduced Crabs: Shell Morphology And Resistance To Predation In The New England Rocky Intertidal Zone, Sarah Joanne Teck

Master's Theses and Capstones

The impact of non-native species is one of the most critical issues facing management and conservation today. When these invaders are generalist predators, their impacts on native communities can be a major restructuring force for ecosystems. A new voracious predator the Asian crab, Hemigrapsus sanguineus , joins another non-native established species, Carcinus maenas, along the majority of the New England coastline. What remains poorly understood is how the two introduced predators may modify local communities, especially considering their impact on native prey, such as the rough periwinkle snail, Littorina saxatilis. The goal of this research is to investigate the vulnerability …

Performance Evaluation Of Tcp Over Ieee 80211 Wlans, Sachin Goel

Master's Theses and Capstones

Transmission Control Protocol (TCP) is a communication protocol that is used to provide reliable data delivery between hosts. As TCP is the most highly used transport-layer protocol, many have worked on addressing the issue of performance. Performance issues have been studied in various environments, especially when using 802.11 Wireless Local Area Networks (WLANs). Wireless networks are prone to a higher number of packets loss and corruption. 802.11 WLANs have an equivalently fast acknowledgement mechanism as TCP to ensure reliability of traffic over it. This duplication of functionality between TCP and 802.11 WLAN creates unexpected behaviors that can result in high …

Prototype Remote Vehicle Diagnostics For Police Cruisers, Sung Yun Kim

Master's Theses and Capstones

The goal of this thesis was to suggest ways of evaluating the health of police cruisers without bringing these cruisers into a repair facility. The prototype in-car application was developed. The hardware connection was made between the in-car network and the Project54 network. The software was built to collect, process, and send the vehicle information to the server via a telecommunication tool. The prototype in-car application was tested in simulation and on the road. After the development of the prototype in-car application, the radio traffic research gives a few recommended methods for sending the car health information in the New …

Understanding Changes In Aboveground Biomass And Height With Elevation At Hubbard Brook Experimental Forest, Mariya Schilz

Master's Theses and Capstones

A better understanding of carbon stocks and fluxes is a priority of many national and international agencies, including NASA, NACP, IPCC, and IGBP. (Asrar et al. 2001, IGBP Annual Report, 2003, IPCC Third Assessment Report: Climate Change 2001). Patterns of carbon stocks and fluxes on the land surface are important for studies of the carbon cycle, climate change, and terrestrial ecology. One source of heterogeneity is associated with elevation. In systems around the world, patterns in carbon stocks, fluxes, and the factors that underlie them have well documented relationships with elevation (Korner 1999, Schwarz et al. 2003, Waide et al. …

Quantitative Assessment Of In-Vehicle-Generated Emi In A Real-World Environment, Maxim Khankin

Master's Theses and Capstones

Interference generated by electronic equipment inside a vehicle can interfere with radio reception even though that equipment is in compliance with FCC standards. The result of that interference is an undesired reduction in radio coverage at frequencies where the interference exists.

The contribution of this work is a method for measuring electromagnetic interference (EMI) generated by in-vehicle electronic equipment when external radiation is present. The approach is to identify regions in the spectrum where externally generated signals exist and then to bypass those regions when measuring interference from in-vehicle-equipment. Using the FCC database of licensed radiation sources to identify those …

Modeling Of A Soft Sensitive Marine Silty Clay Deposit For A Landfill Expansion Study, John Roche

Master's Theses and Capstones

An in situ testing program and finite element modeling of Presumpscot Formation glaciomarine clays in South Portland, Maine was undertaken as part of a landfill expansion feasibility study. The very soft sensitive silty clay foundation soils have been monitored during the 20 year lifespan of the landfill facility by an array of settlement platforms, inclinometers, piezometer clusters and periodic field shear vane tests. During this time large horizontal displacements have been observed at a discrete elevation corresponding to a zone of reduced undrained shear strength. Proposals call for a vertical expansion at the site above existing landfill cells. While this …

The Commerce Clause And Federal Abortion Law: Why Progressives Might Be Tempted To Embrace Federalism, Jordan Goldberg

Fordham Law Review

No abstract provided.

The Power Of Film: A Model For The Use Of Group Cinematherapy In The Therapeutic Treatment Of Clinically Depressed Adolescents, Erin E Farrell Bowen

Master's Theses and Capstones

The following thesis proposes a model for the use of cinematherapy as part of treatment for clinically depressed adolescents. The thesis outlines the rationale for such a model, including the relative convenience and potential benefits of using movies as a therapeutic technique. This thesis also examines the professional literature regarding the topics of cinematherapy, bibliotherapy, group therapy, therapeutic metaphor, metaphoric techniques in therapy, and adolescent depression. A model is proposed to offer a specific framework in which cinematherapy may be used in the group treatment of adolescent depression, as well as tools that may assist clinicians in monitoring treatment outcomes. …

Swing Voters? Roman Catholics From 1992 To 2004, Lori Gula Wright

Master's Theses and Capstones

This thesis evaluates whether Catholics are swing voters, how their voting behavior has changed from 1992 to 2004, and what issues are influencing their voting behavior. National Election Survey datasets from 1992, 1996, 2000 and 2004 are used. Two models are evaluated, the ethnoreligious model and the culture wars thesis. In addition, this thesis looks at whether Catholics tend to be single-issue voters.

The research and analysis of this thesis support the conclusion that Catholics are not swing voters and that their voting patterns are more similar to the general electorate than ever before. Although religious, class and cultural issues …

Bloggers And The Workplace: The Search For A Legal Solution To The Conflict Between Employee Blogging And Employers, Henry Hoang Pham

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Indecent Content On Satellite Radio: Should The Fcc Step In, Gregory B. Phillips

Loyola of Los Angeles Entertainment Law Review

No abstract provided.