Digital Commons Network^™

Separation, Risk, And The Necessity Of Privacy To Well-Being: A Comment On Adam Moore's Toward Informational Privacy Rights, Kenneth Einar Himma

San Diego Law Review

In this Article, I want to raise doubts about certain of Moore's premises in his argument defending information privacy rights. As always and I say this as a continuing admirer of his skill as a philosopher, information theorist, and legal theorist his argument is well thought out and persuasively written. But, as we will see, there are serious problems with each major plank of his schema for justifying privacy rights.

How To Understand Legislatures: A Comment On Boudreau, Lupia, Mccubbins, And Rodriguez, Larry Alexander

San Diego Law Review

Much has been written about legal interpretation, and I have serious disagreements with most of it. So it is quite refreshing to read an article on the topic that, from my perspective, gets the topic right from start to finish. As an added bonus, two of the authors are my former colleagues. My enthusiasm for the approach taken by Boudreau, Lupia, McCubbins, and Rodriguez (hereinafter BLMR) has not proven fatal to my task of commenting on the article. I am not reduced to saying "Right on" and then signing off. There are issues to be flagged. Nonetheless, so much of …

Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee

San Diego Law Review

The controversy over the Bush Administration's warrantless wiretapping program will not disappear any time soon. Legislators, policymakers, and academics should be thinking about whether and under what circumstances such surveillance should be illegal. A major factor in that decision is the moral status of such wiretapping. This essay, written for a symposium on moral rights to informational privacy, argues that two key determinants in the morality of warrantless wiretapping are (1) whether the subjects of the surveillance are known terrorists; and (2) whether the wiretapping is part of a pre-emptive surveillance program, or instead whether government operatives actually know of …

"I'Ve Got Nothing To Hide" And Other Misunderstandings Of Privacy, Daniel J. Solove

San Diego Law Review

In this short Article, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide …

Privacy Versus Security: Why Privacy Is Not An Absolute Value Or Right, Kenneth Einar Himma

San Diego Law Review

In this Article, I consider the scope of this right to informational privacy relative to our interests in security and argue, in particular, that the right to privacy must yield to these interests in the case of a direct conflict. I offer arguments from a number of different perspectives. I will, for example, begin with a case directly rooted in what I take to be ordinary case intuitions and then continue with an argument grounded in the distinction between intrinsic and instrumental value, which is thought to serve as a rough mark between what is important from a moral point …

Claims To Privacy And The Distributed Value View, Alan Rubel

San Diego Law Review

This Article is organized as follows. In Part II, I briefly explain my view of what privacy is - the particularized judgment account. I then turn to the question of privacy - value in Part III, where I examine several views prominent in the literature. In Part IV, I outline my view of privacy's value. I argue that, at its strongest, privacy has constitutive value, which is to say that privacy is a constituent part of intrinsically valuable states of affairs. However, in many cases, privacy's value is not morally weighty. Unlike other goods to which privacy is compared, I …

What Statutes Mean: Interpretive Lessons From Positive Theories Of Communication And Legislation, Cheryl Boudreau, Arthur Lupia, Mathew D. Mccubbins, Daniel B. Rodrigues

San Diego Law Review

How should judges interpret statutes? For some scholars and judges, interpreting statutes requires little more than a close examination of statutory language, with perhaps a dictionary and a few interpretive canons nearby. For others, statutory interpretation must be based upon an assessment of a statute's underlying purpose, an evaluation of society's current norms and values, or a normative objective, such as the "law's integrity." With such differences squarely framed in the literature, it is reasonable to ask whether anything of value can be added. We contend that there is.

Intentionalism's Revival, James J. Brudney

San Diego Law Review

The Article situates BLMRod's article in the context of recent efforts by a number of scholars to reclaim foundational legitimacy for intentionalism as an approach to construing statutes. The essay first applauds BLMRod's use of insights from communication theory to conceptualize statutes as compressed substantive or procedural commands that cannot be adequately understood without an appreciation for the compression process that generated them. The essay explores certain implications of this thematic focus. It discusses how the authors' approach may help clarify the status of legislative history as evidence of ascribed or imputed intent. It also suggests how that approach may …

2007-11-01 Provost Question & Answer Session, Morehead State University. Faculty Senate.

Faculty Senate Records

Question and answer session during the Faculty Senate meeting with the provost on November 1, 2007.

2007-11-01 Discussion With The Provost, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate Meeting Minutes for November 1, 2007.

Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence

Louisiana Law Review

No abstract provided.

Behavioral Science And Consumer Standard Form Contracts, Shmuel I. Becher

Louisiana Law Review

No abstract provided.

Marshall V. Burger King Corp.: Making A Mess Of "Duty" For Businesses In Illinois, Jeffrey H. Powell

Northern Illinois University Law Review

This comment examines Marshall v. Burger King Corp., in which the Illinois Supreme Court overturned a "no duty" ruling of the trial court and determined that business owners have a duty to protect patrons from out-of-control vehicles crashing through their walls. The author analyzes the court's new duty analysis which relegates the traditional public policy factors to an exemption analysis and emphasizes a categorical approach to duty. The author concludes that the new duty analysis creates nearly a per se duty for businesses to protect their invitees from third party negligent acts and will lead to increased costs for businesses …

Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. V. Nlrb Out Of Illinois Civil Courts, Patrick D. Kenneally

Northern Illinois University Law Review

An increasing number of jurisdictions have seized upon the reasoning in the United States Supreme Court's decision Hoffman Plastic Compounds, Inc. v. NLRB to deny undocumented immigrant plaintiffs recovery for lost future earnings at their projected earnings while living in the United States. However, a correct reading of Hoffman and understanding of its precedent reveals a narrow ruling confined to the field of federal labor law incapable of influencing the availability and distribution of damages in personal injury actions in Illinois state courts. Illinois common law currently grants undocumented plaintiffs the right to recover damages for amounts they would have …

Force And Restraint In Strategic Deterrence: A Game-Theorist's Perspective, Roger B. Myerson Dr.

Books, Monographs & Collaborative Studies

A great power’s use of its military forces may be rendered ineffective or even counterproductive when there are no clear internationally recognizable limits on this use of force. Professor Myerson derives this conclusion from the basic observation that our ability to influence potential rivals depends on a balanced mix of threats and promises. Potential adversaries should believe that aggression will be punished, but such threats will be useless unless they also believe our promises that good behavior will be better rewarded. A reputation for resolve makes threats credible, but a great power also needs a reputation for restraint, to make …

Faculty Senate Chronicle For November 1, 2007, Richard Stratton

The University of Akron Faculty Senate Chronicle

Minutes of the regular meeting of The University of Akron Faculty Senate on November 7, 2007.

On The Plasma Induced Degradation Of Organosilicate Glass (Osg) As An Interlevel Dielectric For Sub 90 Nm Cmos, Amy Huang

Theses

The fabrication of integrated circuits (ICs) in a semiconductor manufacturing environment is governed by two main categories: Front End of the Line (FEOL) processing and Back End of the Line (BEOL) processing. Transistors are formed in active regions in FEOL while BEOL processing focuses on creation of metal interconnects and interlevel dielectrics (ILDs). These dielectrics patterned in BEOL are required to have low permittivity or k values in order to mitigate parasitic capacitance. This reduction in capacitance between metal layers diminishes dynamic power dissipation, crosstalk noise, and interconnect delay issues as IC technology nodes continue to scale down in size. …

Permanently Failing Organizations? Small Business Recovery After September 11, 2001, Leigh Graham

Publications and Research

Small businesses in Lower Manhattan after September 11, 2001, paint a telling portrait of vulnerability after disasters. This qualitative analysis of recovery for small retail and service firms with 50 or fewer employees is based on ethnographic fieldwork, interviews, and documentary research from September 2001 through 2005. A postdisaster emphasis on place-based assistance to firms conflicted with macro-level redevelopment plans for Lower Manhattan. Small business recovery was impeded as aid programs responded to a new sense of urgency, attachment to place, and prestorm conceptions of the neighborhood at the expense of addressing community-wide economic changes accelerated by the disaster. Ingredients …

Modeling Semantics In Composite Web Service Requests By Utility Elicitation, Qianhui Althea Liang, Jen Yao Chung, Steven M. Miller

Research Collection School Of Computing and Information Systems

When meeting the challenges in automatic and semi-automatic Web service composition, capturing the user’s service demand and preferences is as important as knowing what the services can do. This paper discusses the idea of semantic service requests for composite services, and presents a multi-attribute utility theory (MAUT) based model of composite service requests. Service requests are modeled as user preferences and constraints. Two preference structures, additive independence and generalized additive independence, are utilized in calculating the expected utilities of service composition outcomes. The model is also based on an iterative and incremental scheme meant to better capture requirements in accordance …

Complaint Filed By The State Of Ny Against First American Corporation And First American Eappraiseit, Nicole Gueron, Andrew M. Cuomo

Documents

No abstract provided.

Software Project Management System, Arun Kumar Nampally

Masters Theses & Doctoral Dissertations

Project resource management has become very important in this techno world for a company. The benefit of having fast and accurate data for a project manager in a company helps to complete the project in a better organized way. There is a need to develop a tool for a project manager who can organize, schedule, maintain, manage, monitor and estimate different modules of a project. In order to meet this requirement SPMT (Software Project Management Tool) was developed. The SPMT has Client registration, View registered clients, Project registration and View Projects registered, View Employees, View Technologies in a project. with …

Initial Sequence And Comparative Analysis Of The Cat Genome, J. U. Pontius, James C. Mullikin, Douglas R. Smith, Agencourt Bioscience Corporation, Kerstin Lindblad-Toh, Sante Gnerre, Michele Clamp, Jean Chang, R. Stephens, Beena A. Neelam, Natalia Volfovsky, Alejandro A. Schaffer, R. Agarwala, Kristina Narfstrom, William J. Murphy, Urs Giger, Alfred L. Roca, Agostinho Antunes, Marilyn Menotti-Raymond, Naoya Yuhki, Jill Pecon-Slattery, Warren E. Johnson, Guillaume Bourque, Glenn Tesler, Nisc Comparative Sequencing Program, Stephen J. O'Brien

Biology Faculty Articles

The genome sequence (1.9-fold coverage) of an inbred Abyssinian domestic cat was assembled, mapped, and annotated with a comparative approach that involved cross-reference to annotated genome assemblies of six mammals (human, chimpanzee, mouse, rat, dog, and cow). The results resolved chromosomal positions for 663,480 contigs, 20,285 putative feline gene orthologs, and 133,499 conserved sequence blocks (CSBs). Additional annotated features include repetitive elements, endogenous retroviral sequences, nuclear mitochondrial (numt) sequences, micro-RNAs, and evolutionary breakpoints that suggest historic balancing of translocation and inversion incidences in distinct mammalian lineages. Large numbers of single nucleotide polymorphisms (SNPs), deletion insertion polymorphisms (DIPs), and …

Volume 14, Number 2 (Fall 2007), Peace And Conflict Studies

Peace and Conflict Studies

Abstracts only.

Neon Abundances From A Spitzer/Irs Survey Of Wolf-Rayet Stars., Richard Ignace, J. Cassinelli, G. Tracy, E. Churchwell, H. J. Lamers

ETSU Faculty Works

We report on neon abundances derived from Spitzer high resolution spectral data of eight Wolf-Rayet (WR) stars using the forbidden line of [Ne III] 15.56 μm. Our targets include four WN stars of subtypes 4–7, and four WC stars of subtypes 4–7. We derive ion fraction abundances γ of Ne2+ for the winds of each star. The ion fraction abundance is a product of the ionization fraction Qi in stage i and the abundance by number AE of element E relative to all nuclei. Values generally consistent with solar are obtained for the WN stars, and values in excess of …

Is It A European Car Or A Japanese Car? An Erp Study Of Diagnostic Information Use In Visual Expertise, Assaf Harel, Shlomo Bentin

Psychology Faculty Publications

No abstract provided.

Observer, Central Washington University

Student Newspaper

Student newspaper for Central Washington University for November 1, 2007

The Real World Of Arbitrariness Review, Cass R. Sunstein, Thomas J. Miles

Coase-Sandor Institute for Law & Economics Research Paper Series

The Administrative Procedure Act instructs federal courts to invalidate agency decisions that are "arbitrary" or "capricious." In its 1983 decision in the State Farm case, the Supreme Court firmly endorsed the idea that arbitrariness review requires courts to take a "hard look" at agency decisions. The hard look doctrine has been defended as a second-best substitute for insistence on the original constitutional safeguards; close judicial scrutiny is said to discipline agency decisions and to constrain the illegitimate exercise of discretion. In the last two decades, however, hard look review has been challenged on the plausible but admittedly speculative ground that …

A New Adaptive Edge Enhancement Algorithm For Color Laser Printers, Manoj Kumar Reddy

Theses

This thesis presents a novel algorithm for improving quality of edges in printed text. The algorithm is designed to add pixels at selected edge locations after halftoning. The extent of the correction is proportional to the “strength” of the edge, as determined by comparing the local differences in a four-pixel neighborhood to a dynamically generated threshold. The process is computationally efficient and requires minimal memory resources. The performance of our proposed algorithm is clearly demonstrated on several characters and lines. While the algorithm aims to improve the quality of printed text (edges), it is possible to extend its application to …

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law Review

The role of justice in assigning criminal liability and punishment has been a matter of long-standing debate. A standard argument against a desert distributive principle-that is, against distributing punishment according to an offender's blameworthiness- has been that such a concept of "desert" is simply too vague and the subject of too much disagreement to operationalize. There may be some truth to these complaints when applied to a philosophical notion of desert, which has been the traditional basis of the desert school.

But more recently, a utilitarian-based theory of desert has urged reliance on an empirical notion of desert, drawn from …

Expedited Injustice: The Problems Regarding The Current Law Of Expedited Removal Of Aggravated Felons, Andrew D. Kennedy

Vanderbilt Law Review

Following the attacks of September 11, 2001, he and his family, like many Americans of the Islamic faith, felt persecuted by their neighbors, despite having had nothing to do with the terrorist attacks on the World Trade Center and the Pentagon.' Mr. Rashid felt intimidated by people following him and calling his home to accuse him of complicity in the September 11 attacks. After weeks of harassment, Mr. Rashid's family contacted the police. Unfortunately for Mr. Rashid, however, he shared a name with a suspected terrorist. Thus, instead of addressing Rashid's concerns, the U.S. government began to suspect him as …