Preemption of State Spam Laws by the Federal Can-Spam Act

Unsolicited bulk commercial email is an increasing problem, and though many states have passed laws aimed at curbing its use and abuse, for several years the federal government took no action. In 2003 that changed when Congress passed the CAN-SPAM Act. Though the law contains many different restrictions on spam messages, including some restriction of nearly every type that states had adopted, the Act was widely criticized as weak. Many of the CAN-SPAM Act\u27s provisions are weaker than corresponding provisions of state law, and the Act preempts most state spam laws that would go farther, including two state laws that would have banned all spam. Despite these weaknesses, this Comment argues that when properly interpreted the CAN-SPAM Act leaves key state law provisions in force, and accordingly is stronger than many spam opponents first thought. First, the law explicitly preserves state laws to the extent that they prohibit falsity or deception in any portion of a commercial electronic mail message or information attached thereto. Though Congress was primarily concerned with saving state consumer protection laws, this language can be applied much more broadly. Second, the law is silent on the question of state law enforcement methods. State enforcement can be, and frequently is, substantially stronger than federal enforcement, which is largely limited to actions by the federal government, internet service providers, and state agencies. The Comment concludes by arguing that this narrow interpretation of its preemption clause is most consistent with the CAN-SPAM Act\u27s twin policy goals. By limiting the substantive provisions states may adopt, the Act prevents states from enacting inconsistent laws and enforces a uniform national spam policy. At the same time, narrowly interpreting the preemption clause permits states to experiment within the limits of that policy, in hopes of finding the most effective set of spam regulations

Modeling the Effects of Peremptory Challenges on Jury Selection and Jury Verdicts

Although proponents argue that peremptory challenges make juries more impartial by eliminating “extreme” jurors, studies testing this theory are rare and inconclusive. For this article, two formal models of jury selection are constructed, and various selection procedures are tested, assuming that attorneys act rationally rather than discriminate based on animus. The models demonstrate that even when used rationally, peremptory challenges can distort jury decision making and undermine verdict reliability. Peremptory challenges systematically shift jurors toward the majority view of the population by favoring median jurors over extreme jurors. If the population of potential jurors is skewed in favor of conviction - as empirical evidence suggests is usually the case - then peremptory challenges have the unexpected result of making convictions more likely, rather than promoting reasoned deliberation without prejudice to the result. This is troubling when jurisdictions almost universally award more peremptory challenges in trials involving the most serious crimes. And this effect is magnified when attorneys have more complete information about jurors, suggesting the problem may become worse in the future. Moreover, juries selected with more peremptory challenges become more ideologically and demographically homogenous, even when attorneys do not engage in discrimination, reducing the accuracy of jury verdicts. Although this second effect has been seen empirically, the results of the models suggest that it is an inevitable result of the peremptory challenge process rather than an effect of discrimination by attorney

Thermomechanical Pulp Bleaching Optimization Via Dimethyldioxirane

In recent years, the paper industry has received increased pressure from environmental groups to reduce both air-borne & water-borne discharges. During element-chlorine bleaching processes, absorbable organic halides are formed , some of which are considered harmful to aquatic life. To reduce absorbable organic halides, many mills are moving towards chlorine-free bleaching stages. A potential chlorine-free bleaching agent is dimethyldioxirane. Dimethyldioxirane is an intermediate produced in-situ from acetone and peroxymonosulfate. Due to the bond strain of the oxygen-oxygen bond in this cyclic peroxide, it behaves as a strong oxidizing agent. The goal of this thesis was to determine the optimum levels of pH, dimethyldioxirane charge, and bleaching time for a thermomechanical pulp. It was determined that the optimum brightness of 40% could be reached at a pH of 8, charge level of 9%, and by bleaching for 30 minutes. This same brightness could be obtained by using two 2.5% (5%-split) dimethyldioxirane bleaching stages in-lieu of one 9% stage. When a 4% hydrogen peroxide stage is added to the optimized 5%-split run, a maximum brightness of 58.3% could be obtained. A linear correlation between pulp yield and brightness was found until the pulp yield dropped below 82%. At this point, as the yield decreased, the brightness remained constant. There appeared to be no decrease in zero-span tensile index as the charge addition level was increased

A Spectrophotometric Study Of The Nitrogen(Doublet-D) And Nitrogen(Doublet-P) States In The Aurora

Thesis (M.S.) University of Alaska Fairbanks, 198

Images of industrial work and the prospects for personal advancement among African factory workers in Durban

A sample of African industrial workers in Durban, including migrant workers, were studied in depth to determine their views of work in white-controlled industrial - technological settings... Inter alia it was established that the enthusiasm with which different forms of industrial work are regarded varies considerably among the men studied

Practice and Fit in the Allocation of the Resource of Faculty Time: A Study of Current and Preferred Scholarly Practice of the Faculties of Ten Theological Schools Affiliated with the Presbyterian Church (USA)

Faculties, deans, and trustees of theological schools affiliated with the Presbyterian Church (USA) were surveyed to determine current faculty practice; the practice preferred by faculty, deans. and trustees; the fit between current and preferred practice; and faculty practice and faculty preference difference according to categorical variables such as gender, race, and rank. Seven variables defined faculty practice: workweek in hours, instruction, scholarship, service, advising, governance, and other. Scholarship was subdivided into three categories adapting Ernest Boyer’s multi-dimensional definition of scholarship: orginitive, applied, and teaching. Fit was defined in two ways: statistical fit and practical fit. The reported workweek was comparable to that reported by faculties at other types of universities and colleges. The time theological faculties reported spending on teaching exceeded only that of research university faculty. The theological faculties reported spending more time on scholarship than liberal arts college and comprehensive university faculties, but less than doctoral and research faculties. Theological faculties reported spending significantly more time on service than faculty at other types of institutions. While statistical differences were found between current practice and the preferences of deans and trustees, practical differences were negligible. A statistical and practical difference was found between the preferences of faculty and deans for governance activities and between faculty and trustee preferences for the categories of instruction and scholarship. Considered by categorical variables, preferred practice of faculty varied most by faculty teaching discipline. Implications of the findings for planning and assessment in theological schools were discussed