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2009

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Numerical Modeling And Analysis Of Complex Electromagnetic Structures, Including Those Containing Ferrites, Andrea Orlando Jan 2009

Numerical Modeling And Analysis Of Complex Electromagnetic Structures, Including Those Containing Ferrites, Andrea Orlando

Masters Theses

"Application of fast switching amplifiers in power converters, and especially in power inverters, causes unwanted radiated emission, which is a consequence of common mode (CM) currents arising in feed wire bundles. Ferrite chokes are commonly used to suppress those CM currents by increasing the CM impedance of circuits without affecting the differential mode currents, which is important for undisturbed operation of the converters or inverters. Their effective impedance is the main design concern, and it is determined by the material intrinsic properties (permeability, permittivity) and geometry. The goal of this work is to analytically correlate the geometrical and material properties …


Feasibility Of A Human Performance Model In Consequence Management, Kashmeera Ghosh Jan 2009

Feasibility Of A Human Performance Model In Consequence Management, Kashmeera Ghosh

Masters Theses

"Human civilization has always encountered unpredictable disasters as a result of natural events. Now it also faces the disasters caused by terrorist attacks. Governments must have consequence management plans in place to protect public health and safety, restore essential services, and provide emergency relief to affected businesses and individuals. Human performance models predict outcomes in complex dynamic situations. Such models can simulate disaster management procedures under varying circumstances. This work applies human performance modeling in a terrorist situation and evaluates possible uses of such models by first responders in practical consequence management applications. It includes a case study of an …


Quench Factor Analysis Of Wrought And Cast Aluminum Alloys, Vishwanath Gandikota Jan 2009

Quench Factor Analysis Of Wrought And Cast Aluminum Alloys, Vishwanath Gandikota

Masters Theses

"Mechanical property variation across the cross section of heat treatable aluminum alloys is a major concern. To minimize such variation, a proper understanding of kinetic transformations and estimation of mechanical properties is required. The Jominy end quench test has been used successfully to study the effect of quench rate on the final heat treated properties of wrought and cast aluminum alloys. This test produces varying cooling rates along the length of a cylindrical sample cooled with water at one end. Jominy bars of wrought and cast aluminum alloys were solutionized, endquenched, and aged to T6 temper condition after delays of …


Modeling Of Wear And Oxidation Behavior Of A Carbon/Carbon Multidisk Clutch, Shankar Nagaraj Jan 2009

Modeling Of Wear And Oxidation Behavior Of A Carbon/Carbon Multidisk Clutch, Shankar Nagaraj

Masters Theses

"Carbon/carbon composites are a family of advanced composite materials. They are the most advanced form of carbon and consist of a fiber, based on carbon precursors, embedded in a carbon matrix. They are extensively used in design of sliding contact systems such as clutches and brakes because of their low weight, excellent thermal and mechanical properties, chemical inertness and self lubricating capability. They retain their mechanical strength in inert atmospheres up to 2000° C. However, in oxidizing environments, C/C composites rapidly react with oxygen forming gaseous carbon oxides around 450° C.

In the present study a C/C composite clutch assembly …


Interpreting The Protecting Tenants At Foreclosure Act Of 2009, Allyson E. Gold Jan 2009

Interpreting The Protecting Tenants At Foreclosure Act Of 2009, Allyson E. Gold

Articles

No abstract provided.


Churches As First Amendment Institutions: Of Sovereignty And Spheres, Paul Horwitz Jan 2009

Churches As First Amendment Institutions: Of Sovereignty And Spheres, Paul Horwitz

Articles

This Article offers a novel way of approaching the role of churches and other religious institutions within the First Amendment framework Beyond that it offers a broader organizing structure for the legal treatment of First Amendment institutions entities whose fundamental role in shaping and contributing to public discourse entitles them to substantial autonomy to organize and regulate themselves without state interference Drawing on the work of the neoCalvinist writer Abraham Kuyper it encourages us to think about churches and other First Amendment entities as sovereign spheres nonstate institutions whose authority is ultimately coequal to that of the state In the …


The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr. Jan 2009

The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


A Man For All Seasons: Judge Frank M. Johnson Jr. And The Quest To Secure The Rule Of Law Essay: John S. Stone Chair Inaugural Lecture, Ronald J. Krotoszynski Jr. Jan 2009

A Man For All Seasons: Judge Frank M. Johnson Jr. And The Quest To Secure The Rule Of Law Essay: John S. Stone Chair Inaugural Lecture, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Root And Branch: Contexts Of Legal History In Alabama And The South, Paul M. Pruitt Jr. Jan 2009

Root And Branch: Contexts Of Legal History In Alabama And The South, Paul M. Pruitt Jr.

Articles

No abstract provided.


A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr. Jan 2009

A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.

Articles

No abstract provided.


2009-2010 Student Handbook, Nova Southeastern University Jan 2009

2009-2010 Student Handbook, Nova Southeastern University

NSU Student Handbooks

No abstract provided.


Of Patents And Property, James Bessen, Michael J. Meurer Jan 2009

Of Patents And Property, James Bessen, Michael J. Meurer

Faculty Scholarship

Do patents behave substantially like property rights in tangible assets, in that they encourage development and innovation? This article notes that historical evidence, cross-country evidence, economic experiments, and estimates of net benefits all indicate that general property rights institutions have a substantial direct effect on economic growth. Conversely, with a few important exceptions like chemicals and pharmaceuticals, empirical evidence indicates that intellectual property rights have at best only a weak and indirect effect on economic growth. Further, it appears that for public firms in most industries today, patents may actually discourage investment in innovation for fear of winding up on …


Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane Jan 2009

Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane

Faculty Scholarship

The concept of nationality traditionally mediated the relationship between the individual and the state in a bygone era in which international law regarded only the latter as a genuine subject of the law; today, its international legal functions have expanded. Yet, as in the past, it remains unclear whether and how international law limits the otherwise almost plenary competence of states to confer their nationality by their internal laws in a way entitled to international recognition. After the International Court of Justice's ("ICJ") 1955 judgment in Nottebohm, however, lawyers began to express this limit with a kind of doctrinal mantra: …


The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane Jan 2009

The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane

Faculty Scholarship

Much post-9/11 scholarship asks whether modern transnational terrorist networks, the increasing availability of catastrophic weapons to nonstate actors, and other novel threats require changes to either or both of the two traditional branches of the law of war: (i) the jus ad bellum, which governs resort to war, and (ii) the jus in bello, which governs the conduct of hostilities. Scant recent work focuses on the equally vital question whether the relationship between those branches-and, in particular, the traditional axiom that insists on their analytic independence-can and should be preserved in contemporary international law. The issue has been largely neglected …


The Shrunken Power Of The Purse, Alan L. Feld Jan 2009

The Shrunken Power Of The Purse, Alan L. Feld

Faculty Scholarship

The Constitution places control of the federal government's funds in the hands of Congress. This article examines Congress' exercise of discretion in connection with expenditures, impoundments, debt and taxation. It concludes that its actual control over the government's funds has become limited over time and makes recommendations for more robust exercise of its traditional authority.


Judicial Control Of The National Labor Relations Board's Lawmaking In The Age Of Chevron And Brand X, Michael C. Harper Jan 2009

Judicial Control Of The National Labor Relations Board's Lawmaking In The Age Of Chevron And Brand X, Michael C. Harper

Faculty Scholarship

This article analyzes and applies to Labor Board decision making the Court’s oft-cited 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council. The article argues that judicial review of Board decision making under Chevron, though limited, can still be sufficiently meaningful to control excessive shifts in Board lawmaking criticized by many commentators. The article explains why recent Supreme Court decisions reject any distinction between two theoretically distinct forms of agency discretionary lawmaking – (1) lawmaking through construction of the direct force of an ambiguous statute: and (2) lawmaking through the elaboration of law beyond that which is embodied in …


Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff Jan 2009

Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff

Faculty Scholarship

Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty. Indeed, this view is so widely held that modern legal scholarship takes it for granted. Articles on general federalism issues use medical malpractice as an easy example of a policy in which federal intervention lacks functional justification, and articles that focus on federalization of other tort reforms use medical malpractice as an easy foil, pointing out that the uniformity interest that justifies …


Justice Ginsburg's Dissent In Bush V. Gore, Hugh Baxter Jan 2009

Justice Ginsburg's Dissent In Bush V. Gore, Hugh Baxter

Faculty Scholarship

In this essay, I examine Justice Ginsburg's dissenting opinion in Bush v. Gore, the decision that ended the 2000 controversy over the winner of the presidency. I look critically at Justice Ginsburg's invocation of federalism-based deference to the Florida courts' interpretations of state election law in the recount controversy. I consider also Justice Ginsburg's criticisms of the Court's remedial decision to stop the recounts. Finally, I take up the much-debated question of how to understand Justice Ginsburg's final two words: "I dissent," rather than "I respectfully dissent." My conclusion is that the omission of "respectfully" is pointed, but not for …


Building Intellectual Property Coalitions For Development, Peter K. Yu Jan 2009

Building Intellectual Property Coalitions For Development, Peter K. Yu

Faculty Scholarship

The adoption of the WIPO Development Agenda in October 2007 has provided less developed countries with a rare and unprecedented opportunity to reshape the international intellectual property system in a way that would better advance their interests. However, if these countries are to succeed, they need to take advantage of the current momentum, coordinate better with other countries and nongovernmental organizations, and more actively share with others their experience, knowledge, and best practices.

Commissioned by the EDGE (Emerging Dynamic Global Economies) Network of the University of Ottawa, this paper begins by explaining how building intellectual property coalitions for development (IPC4D) …


The Thin Flat Line: Redefining Who Is Legally Dead In Organ Donation After Cardiac Death, Maxine M. Harrington Jan 2009

The Thin Flat Line: Redefining Who Is Legally Dead In Organ Donation After Cardiac Death, Maxine M. Harrington

Faculty Scholarship

The debate over whether donation after cardiac death (DCD) donors are truly dead is not new but has surfaced mostly in the academic community. In 2008, widespread publicity was given to the indictment of a transplant surgeon in California in connectionwith the alleged administration of excessive and inappropriate medications to a potential donor awaiting cardiac death after removal from a ventilator. This and other reports in the lay press mirror the expanding use of DCD to boost the supply of organs.

This article explains the practice of donation after cardiac death, examines whether DCD donors are legally dead under the …


Sticks And Stones, The Words That Hurt: Entrenched Stereotypes Eight Years After 9/11, Sahar F. Aziz Jan 2009

Sticks And Stones, The Words That Hurt: Entrenched Stereotypes Eight Years After 9/11, Sahar F. Aziz

Faculty Scholarship

Notwithstanding the passage of eight years, "post-9/11 discrimination" persists, most profoundly in the workplace. While the volume of cases has seemingly decreased, negative stereotypes of Muslims and Arabs have become entrenched into popular culture and consequently more prevalent in the workplace. One need only recall the 2008 presidential elections where allegations that Barack Obama was a Muslim or Arab were in effect racial slurs and ethnic epithets. Months after Barack Obama's inauguration, anti-Muslim sentiment continues in the form of the growing "Birther" movement challenging the validity of President Obama's Hawaiian birth certificate, and ultimately the legitimacy of his presidency, on …


Suffering In Communion With Christ: Sacraments, Dying Faithfully, And End-Of-Life Care, M. Therese Lysaught Jan 2009

Suffering In Communion With Christ: Sacraments, Dying Faithfully, And End-Of-Life Care, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.


Intelligent Design And Judicial Minimalism: Further Thoughts On The 'Is It Science?' Question, Jay D. Wexler Jan 2009

Intelligent Design And Judicial Minimalism: Further Thoughts On The 'Is It Science?' Question, Jay D. Wexler

Faculty Scholarship

A few years ago, at a conference on religion in the public schools sponsored by the First Amendment Law Review at the University of North Carolina, I argued that although I thought Judge Jones' opinion in Kitzmiller' was mostly correct, the judge erred by deciding that Intelligent Design (ID) is not science. Although I continue to believe that teaching ID in public schools is unconstitutional-I have argued this point for a dozen years and will not reiterate my reasoning here -I also continue to agree with my original assessment of the judge's treatment of the so-called "is it science?" question. …


The Unification Of Law In The Russian Federation, Jeffrey D. Kahn, Alexei Trochev, Nikolay Balayan Jan 2009

The Unification Of Law In The Russian Federation, Jeffrey D. Kahn, Alexei Trochev, Nikolay Balayan

Faculty Journal Articles and Book Chapters

How have fluctuating approaches to federalism in post-Soviet Russia affected its legal system? This article examines the core legal subjects, processes,and institutions composing the Russian legal system. The source of legal changes, as Russian federalism has shifted from decentralized beginnings under Yel’tsin to the current centralized system under Medvedev and Putin, is evaluated. Seeds for centralization in the original 1993 Constitution and the roles of “top down,” “bottom up,” and “outside in” pressures to centralize the federal system are examined. The degree of unification and centralization of Russian law and the de facto nature of the legal system are analyzed.


Incorporating Endogenous Preferences In Cost-Benefit Analysis, Gregory S. Crespi Jan 2009

Incorporating Endogenous Preferences In Cost-Benefit Analysis, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

The conventional assumption made by cost-benefit analysts is that individual preference structures are not altered by any of the policies that are under consideration. This simplifying "exogenous preferences" assumption is not always satisfied, however, and in some instances the preference structures of a significant proportion of the people who are impacted by a policy are "endogenous" in that they are also altered by that policy. Under those endogenous preferences circumstances an important question is presented as to whether the willingness to pay-based valuations of the impacts of the policies should be calculated with regard to the pre-policy implementation preference structures, …


A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss Jan 2009

A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

Carnivalization, a concept developed by literary theorist Mikhail Bakhtin and later employed in broad social and cultural contexts, is the tearing down of social norms, the elimination of boundaries and the inversion of established hierarchies. It is the world turned upside down. Ersatz carnival is a pernicious, inverted form of carnival, one wherein counter discourses propounded by outsiders are appropriated by elites and frequently redeployed to silence and exclude those same outsiders. The use of the slur 'ho by gangsta' rappers in the performance of songs that articulate a vision of urban culture is an example of carnivalization. However, when …


Law From Above: Unmanned Aerial Systems, Use Of Force, And The Law Of Armed Conflict, Chris Jenks Jan 2009

Law From Above: Unmanned Aerial Systems, Use Of Force, And The Law Of Armed Conflict, Chris Jenks

Faculty Journal Articles and Book Chapters

The United States employing armed unmanned aerial systems (UAS) or “drones” against al qaeda and Taliban targets in northwest Pakistan continues to spur discussion and disagreement. Some label UAS “armed robotic killers,” while others describe them as providing a much greater degree of distinction between intended targets and the surrounding population and infrastructure, thus limiting civilian casualties and property damage. The overt disagreement as to whether the strikes are legal masks that the discussants are utilizing wholesale different methodologies, talking past each other in the process. The origin of this divergence is to what extent the law of armed conflict …


Pharmaceutical Innovation: Law & The Public's Health, Kevin Outterson Jan 2009

Pharmaceutical Innovation: Law & The Public's Health, Kevin Outterson

Faculty Scholarship

At last count, global pharmaceutical spending exceeded $750 billion. Unlike most medical products and services, many pharmaceuticals are sold at a price that greatly exceeds marginal cost. AIDS medicines that retail for over $10,000 per person per year in the United States can be produced generically at a marginal cost of less than $150. Patents and other related IP rights create these significant gaps between marginal cost and retail price, generating many billions of dollars in profits (patent rents) for companies.


Arrow's Theorem And The Exclusive Shareholder Franchise, Grant M. Hayden, Matthew T. Bodie Jan 2009

Arrow's Theorem And The Exclusive Shareholder Franchise, Grant M. Hayden, Matthew T. Bodie

Faculty Journal Articles and Book Chapters

In this essay, we contest one of the main arguments for restricting corporate board voting to shareholders. In justifying the limitation of the franchise to shareholders, scholars have repeatedly turned to social choice theory—specifically, Arrow’s theorem—to justify the exclusive shareholder franchise. Citing to the theorem, corporate law commentators have argued that lumping different groups of stakeholders together into the electorate would result in a lack of consensus and, ultimately, the lack of coherence that attends intransitive social choices, perhaps even leading the corporation to self-destruct. We contend that this argument is misguided. First, we argue that scholars have greatly overestimated …


Defining Health Law Or The Edgewood Syndrome, Paula Lobato De Faria, Wendy K. Mariner, George J. Annas Jan 2009

Defining Health Law Or The Edgewood Syndrome, Paula Lobato De Faria, Wendy K. Mariner, George J. Annas

Faculty Scholarship

The authors' main purpose is to present ideas on defining Health Law by highlighting the particularities of the field of Health Law as well as of the teaching of this legal branch, hoping to contribute to the maturity and academic recognition of Health Law, not only as a very rich legal field but also as a powerful social instrument in the fulfillment of fundamental human rights. The authors defend that Health Law has several characteristics that distinguish it from traditional branches of law such as its complexity and multidisciplinary nature. The study of Health Law normally covers issues such as …