Digital Commons Network^™

Privileged Evidence And State Security Under The Israeli Law: Are We Doomed To Fail?, Ami Kobo

Cardozo Public Law, Policy & Ethics Journal

The article examines Israel's legal framework for handling privileged evidence in criminal proceedings, particularly in cases involving state security or public interest. It argues that while Israeli law establishes a balancing test to weigh the need for disclosure against security interests, practical implementation often fails, risking miscarriages of justice. The analysis highlights systemic flaws through cases like Livny and Abu Saada, where the failure to disclose critical evidence led to wrongful convictions. The author suggests procedural reforms to enhance the adversarial process and mitigate these risks.

Panel Report: Secret Evidence In The Investigative Stage: Fisa, Administrative Subpoenas, And Privacy, Jameel Jaffer

Cardozo Public Law, Policy & Ethics Journal

The article examines the increasing reliance on foreign intelligence surveillance tools, such as the Foreign Intelligence Surveillance Act (FISA) and National Security Letters (NSLs), highlighting the tension between national security and civil liberties. It argues that the expansion of these tools under the Patriot Act has raised significant privacy concerns and questions about the adequacy of judicial and public oversight.

Panel Report: Issues In Article Iii Courts, Debra A. Livingston

Cardozo Public Law, Policy & Ethics Journal

The article explores the challenges Article III courts face in balancing national security interests with procedural due process when handling cases involving classified information, particularly in terrorism-related prosecutions. It examines the logistical, constitutional, and evidentiary issues arising from the use of secret evidence, raising questions about the adequacy of current legal frameworks and the potential need for alternative procedural mechanisms.

Righting Wrongful Discharge: A Recommendation For The New York Judiciary To Adopt A Public Policy Exception To The Employment-At-Will Doctrine, Nadjia Limani

Cardozo Public Law, Policy & Ethics Journal

The note examines the public policy exception to the employment-at-will doctrine, emphasizing its critical role in addressing unjust terminations while balancing employer discretion. It highlights the variability in how states define and apply this exception, with a particular focus on New York's refusal to recognize the exception despite its recognition in most other jurisdictions. The analysis advocates for a structured, four-element test to resolve wrongful discharge claims, ensuring clarity and fairness for all parties involved.

Panel Report: National Security Secrecy In The Courts: A Comparative Perspective From Israel And Ireland, Peter Raven-Hansen

Cardozo Public Law, Policy & Ethics Journal

The article examines how democratic nations, including Israel, Ireland, and the United States, balance national security secrecy with the rule of law in terrorism prosecutions. It highlights the challenges of using secret evidence in criminal trials while maintaining fair procedures, comparing the legal frameworks and practices of these countries. The analysis reveals common issues, such as the tension between protecting sensitive information and ensuring defendants' rights, and underscores the need for transparency and procedural integrity in terrorism cases.

Aiding The Final Push Of The Digital Transition, Andrew L. Shapiro

Cardozo Public Law, Policy & Ethics Journal

The note critically examines the Digital Television Transition and Public Safety Act of 2005, arguing that its approach to the analog-to-digital transition in the U.S. was flawed. The Act's reliance on market forces and lack of comprehensive provisions, particularly in consumer education and support, led to an incomplete transition that disproportionately affected vulnerable consumers. The analysis highlights the need for stronger government intervention to ensure a smoother and more equitable process.

Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan

Campbell Law Review

This brief article examines the strategy of avoiding federal court review and federal constitutional claims for same-sex marriage. It first surveys the history of same-sex marriage litigation in the federal courts. It then turns to the question of why federal courts and claims have been avoided, identifying the most obvious explanation - a conscious strategic aim. The conclusions discussed in that section are exemplified in recent litigation in the Ninth Circuit. The article concludes with some comments on the policy implications of the strategy it describes.

Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai

Campbell Law Review

This article argues that the Court's holding creates an incentive for private developers to rent-seek by asking local governments to transfer private property to them instead of purchasing it in the private market. Likewise, the Court's holding creates incentives for local governments to take private property pursuant to their eminent domain powers.

Fisheries Research Contract Report No. 15 - Aquatic Animal Health Subprogram: Pilchard Herpesvirus Infection In Wild Pilchards (Frdc Project No. 2002/044) Final Report, Brian Jones, Melanie Crockford, Richard Whittington, Mark Crane, Graham Wilcox

Fisheries Research Contract Reports

In 1995 and again in 1998/9, millions of pilchards (Sardinops sagax neopilchardus) were found dead or dying off the coast of Australia. Some pilchards in New Zealand were also affected during the 1995 epizootic. The epizootics moved progressively in a "bushfire-like" manner against the prevailing currents at a rapid speed. An uncharacterised herpesvirus, pilchard herpesvirus (PHV), was associated with both mortality events and, based on its occurrence in affected fish and the disease pathogenesis, generally accepted as the causative agent, although experimental evidence of its role was not established. Until recently, rapid and sensitive methods to detect PHV were not …

Editor's Commentary, Alicia Partnoy, Karen Mary Davalos

Chicana/o and Latina/o Studies Faculty Works

No abstract provided.

An Experimental Examination Of Competitor-Based Price Matching Guarantees, Jennifer G. Pate, Shakun Datta

Economics Faculty Works

We use experimental methods to demonstrate the anti-competitive potential of price matching guarantees in both symmetric and asymmetric cost duopolies. Our findings establish that when costs are symmetric, price-matching guarantees significantly increase market prices. In markets with cost asymmetries, guaranteed prices remain high relative to prices without the use of guarantees, but the overall ability of price guarantees to act as a collusion facilitating device becomes contingent on the relative cost difference. Lesser use of guarantees, combined with lower average prices and slower convergence to the collusive level, suggest that the mere presence of cost asymmetries may curtail collusive behavior.

The Place Of Understanding In A Phenomenology Of You, Miles Richardson

Southern Anthropologist

No abstract provided.

Complete Issue, Journal Editors

Southern Anthropologist

No abstract provided.

The Demise Of Federal Takings Litigation, Stewart E. Sterk

William & Mary Law Review

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …

From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein

William & Mary Law Review

Weblogs have proliferated rapidly in recent years, attracting significant attention and generating important legal issues. Yet so far no coherent economic framework for addressing these issues exists. This Article begins to develop such a framework. It views blogs as the vanguard of what might be called "amateur journalism. " Because the Web and related technology have enabled low entry barriers, blogs can be an important source of specialized knowledge. However, bloggers do not work within a monitoring structure as in large news organizations, and individual blogs may be less accurate than conventional news sources. On the other hand, blogs as …

Efficient Low Dissipative High Order Schemes For Multiscale Mhd Flows, Ii: Minimization Of ∇·B Numerical Error, Helen C. Yee, Bjorn Sjögreen

United States National Aeronautics and Space Administration: Publications

An adaptive numerical dissipation control in a class of high order filter methods for compressible MHD equations is systematically discussed. The filter schemes consist of a divergence-free preserving high order spatial base scheme with a filter approach which can be divergence-free preserving depending on the type of filter operator being used, the method of applying the filter step, and the type of flow problem to be considered. Some of these filter variants provide a natural and efficient way for the minimization of the divergence of the magnetic field (∇·B) numerical error in the sense that commonly used divergence cleaning is …

Shifting From Race To Ethnicity In Higher Education., Pratheep Sevanthinathan

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Vital Tooth Whitening: Effects On Tooth Color Satisfaction, Beliefs About Dentofacial Appearance, And Self-Esteem In Older Adults, Kelly Marie Seeber

Dental Hygiene Theses & Dissertations

The purpose of this study was to explore the effects of vital tooth whitening on tooth color satisfaction, beliefs about dentofacial appearance, and self-esteem in a population 50 years of age and older. A two-group, randomized, pre-test, post-test, single-blind design was utilized following !RB-approval. Sixty-two participants were enrolled. Fifty-three participants (N=53) completed the study with no adverse events reported. Both the control and experimental groups received instructions for a threeweek oral self-care regimen, a toothbrush, toothpaste, and floss. The experimental group also received a tooth whitening product (independent variable) to be used during the same three-week period. Dependent variable measures …

Exchange Hydrodynamics Between A Subestuary And Its Adjacent Estuary, Diego A. Narváez

OES Theses and Dissertations

Four oceanographic surveys and two periods of moored data were analyzed to describe the subtidal exchange hydrodynamics between a subestuary (Nansemond River) and its adjacent estuary (James River) in the lower Chesapeake Bay. The surveys were carried out during two semidiurnal periods (~25 hrs), which included two spring and two neap tides. Velocity profiles and hydrographic data were recorded over an area ~4 km long and ~1 km wide allowing a spatial resolution rarely obtained with observational data. The results obtained in the surveys were extended with instruments deployed at the entrance to the subestuary during winter and summer time …

Fault Modeling In Wireless Sensor Networks, Ahmed A. Elmiligui

Electrical & Computer Engineering Theses & Dissertations

A large amount of research has been done in the area of wireless sensor networks (WSN), but not much work has been done in modeling the fault tolerance and reliability of these networks. In this thesis, the fault tolerance of a WSN to node failures is studied and an analytical reliability model of the network is derived. A valid reliability model of a network could reveal an estimate of the network's performance before it is deployed.

A wireless sensor network was modeled as a k-out-of-n system and a generic fault tolerant framework for the network in terms of node losses …

Fault Arrangements And Their Effect On The Performance Of Wireless Sensor Networks, Dwayne Sayone Blai

Electrical & Computer Engineering Theses & Dissertations

Wireless sensor networks face many reliability challenges. The networks are deployed in open, hostile environments, making them easily susceptible to network failure. As a result, there are countless faults that can occur in sensor networks, from component failure to outside attacks. Outside attacks take place when an adversary gains control over a node or set of nodes in the network. Outside attackers can destroy a network in numerous ways such as random attacks, clustering attacks, search-based attacks, etc. The method and strategy used in each of these attacks directly affects the network's reliability. Understanding how these adversaries are positioned is …

The Effect Of Sonification Pulse Rate And System Reliability On Perceived Workload Urgency Trust And Monitoring Performance, Randal D. Spain

Psychology Theses & Dissertations

The purpose of the current study was to examine the effect of sonification pulse rate and system reliability on subjective workload, urgency, trust, and monitoring performance of a dual task simulation of patient monitoring. Fifty-eight students performed a compensatory tracking and resource management task while simultaneously engaging in a patient monitoring task. Sonification pulse rate contained three levels (40ppm, 60ppm, 80ppm) and was manipulated within groups by varying the inter-pulse interval of the auditory signal. System reliability contained two levels (40%, 60%) and was manipulated between groups by varying the number of true and false problems presented by the sonification …

In Vitro Evaluation Of The Reciprocating Disposable Prophylaxis Angle Versus The Rotating Disposable Prophylaxis Angle In Extrinsic Stain Removal Effectiveness, Inma Lacross

Dental Hygiene Theses & Dissertations

The purpose of this study was to determine the extrinsic tooth stain removing effectiveness of a 90° counter-rotating disposable prophylaxis angle (DPA) with rubber cup as compared to the traditional 360° unirotational DPA with rubber cup. Four randomly assigned groups of cleaned, sterilized, extracted human teeth, artificially stained with coffee, tea, tobacco, and red wine were polished on the buccal and lingual surfaces using one of the two rubber cup DP As under study. Each dependent variable (four different stain types) was tested four times with each prophylaxis angle, using each of the four prophylaxis paste conditions, and three different …

Load Characteristics For An Aluminum Alloy Friction Stir Weld, Lewis T. Henderson

Mechanical & Aerospace Engineering Theses & Dissertations

A process was developed to modify a vintage 1960's milling machine to allow axial load measurements to be taken and to allow automated control of the plunging stage during the friction stir welding process. The installation of a load cell in the housing of the mill machine was accomplished by way of modifying internal machine parts and introducing new external hardware. Successful post removal inspections and operational checks show that the conversion of a vintage 1960's milling machine to allow axial load measurements is feasible. The automation of the plunge process during friction stir welding was proven feasible by the …

An Empirical Investigation Into The Relationships Between Emotional Intelligence, Use Of Knowledge Transfer Methods, And Project Performance, Brent Michael Decker

Engineering Management & Systems Engineering Theses & Dissertations

Increasingly, the use of project teams is becoming commonplace within organizations as the primary means to accomplish complex tasks. While the literature has long acknowledged that the knowledge transfer process is a key component in achieving organizational success and ultimately sustaining a competitive advantage, very little has been written that specifically examines the knowledge transfer process at the project team level. In an attempt to increase the understanding of knowledge transfer processes at the project team level, the effect that a relatively new construct, termed emotional intelligence, has on the use of knowledge transfer methods is examined. The relationships between …

Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes

Faculty Scholarship

When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Farnsowrth has been described as “the great contemporary American scholar, and one of a handful of great world scholars, on the law of agreement...[He] was...perhaps The Authority on the law of contracts and much more.” Similarly, others have called him “the premiere figure in American Contracts law scholarship since the passing of Corbin and Dawson. The treatise and his half of the Second Restatement would be quite a contribution if there was nothing else.” Farnsworth’s casebook is perennially the most widely-adopted …

Protecting Your Personal Privacy: A Self-Help Guide For Judges And Their Families (2006), Chicago Bar Association’S Privacy Task Force, John Marshall Law School Center For Information Technology & Privacy Law, Leslie Ann Reis

Faculty White Papers

“I believe that the Internet is a brave new world in the matter of judicial security.” – Testimony of Joan H. Lefkow, United States District Judge, before the Judiciary Committee of the United States Senate (May 18, 2005).

Your personal information may be no farther away than a mouse-click... Your name, locations of your home and workplace, your phone number and email address, details of your family members, your political leanings and many more pieces of information are available through a wide array of public and private sources. But, this is nothing new. Some personal information about you has always …

The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly

Law and Contemporary Problems

Pauly considers some recent contrasting views on the distributional effects of the tax subsidy within employment groups. He shows that the correct answer depends on what one assumes to be the within-group incidence of the reduction in money wages that occurs when group insurance is part of a competitive compensation package.

Measuring Distributive Injustice On A Different Scale, Tom Miller

Law and Contemporary Problems

Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.

On Privileging God's Moral Goodness, Eric Funkhouser

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.