Digital Commons Network^™

President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen

Faculty Scholarship

Among the most important issues for American National Security is the national response to the growing threat from cyber activities. This threat is both ubiquitous and potentially catastrophic as recently demonstrated by both the recent decision by the UK to prioritize cyber capabilities over putting in service an air-capable aircraft carrier and the targeted effectiveness of the STUXNET worm. The evolving cyber paradigm will force the United States to reevaluate the way in which it thinks of both national security and the concept of armed conflict. To combat this threat, President Obama must refocus America’s attention, by both reallocating the …

A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu

Faculty Scholarship

While our soldiers do their job in Iraq and elsewhere, we as members of this society possess our own solemn responsibility to eradicate ignorance and discrimination, and extend social acceptance and respect to all Americans – irrespective of skin color or ethnic origin.

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Hotel, Inc. V. United States, Linda C. Mcclain

Faculty Scholarship

In Heart of Atlanta Motel v. United States (1964), the U.S. Supreme Court unanimously affirmed Congress’s power under the Commerce Clause to pass Title II, the public accommodations component of the Civil Rights Act of 1964 (CRA). The Johnson Administration expressed hope that this unanimous decision would aid the “reasonable and responsible acceptance” of the CRA. A less familiar legacy of this case is the role played by the Thirteenth Amendment and its declaration that “neither slavery and involuntary servitude . . . shall exist within the United States.” The owner of the Heart of Atlanta Motel unsuccessfully invoked this …

Pay For Regulator Performance, Frederick Tung, M Todd Henderson

Faculty Scholarship

Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, academics and lawmakers have called for the reform of banker pay practices. In this Article, we argue that regulator pay is to blame as well, and that fixing it may be easier and more effective than reforming banker pay. Regulatory failures during the Financial Crisis resulted at least in part from a lack of sufficient incentives for examiners to act aggressively to prevent excessive risk. Bank regulators are rarely paid for performance, and in atypical cases involving performance bonus …

Challenging Detention: Why Immigrant Detainees Receive Less Process Than Enemy Combatants And Why They Deserve More, Faiza Sayed

Faculty Scholarship

No abstract provided.

Accessing Justice: The Availability And Adequacy Of Counsel Removal Proceedings: New York Immigrant Representation Study Report, Stacy Caplow, Peter L. Markowitz, Jojo Annobil, Peter Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash

Faculty Scholarship

No abstract provided.

Confounding Identities: The Paradox Of Lgbt Children Under Asylum Law, Susan Hazeldean

Faculty Scholarship

No abstract provided.

A Conceptual Learner-Centered E-Learning Framework, Fletcher H. Glancy, Susan K. Isenberg

Faculty Scholarship

e-Learning has increased rapidly in higher education. Most online education attempts to mirror the traditional face-to-face (FtF) classroom with less than favourable results. This paper proposes a conceptual e-learning framework based on andragogy theory, transformative learning theory, and media synchronicity theory. The conceptual e-learning framework supports the self-directed learning. e-learning based on this framework has the potential to out-perform not only current learning management systems such as Blackboard, but also traditional FtF learning for adult education and with different and better outcomes. Results of early testing of the concept showed increased learner’s online activity, innovation, and creativity.

Championing Project Search: The Role Of The Library, Pamela Bluh

Faculty Scholarship

This brief article describes how the Thurgood Marshall Law Library at the University of Maryland Francis King Carey School of Law became an internship site for PROJECT Search.

Hollow Hopes And Exaggerated Fears: The Canon/Anticanon In Context, Mark A. Graber

Faculty Scholarship

Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional canon and the constitutional anticanon. Neither the canonical nor the anticanonical constitutional decisions by the Supreme Court have produced the wonderful results or horrible evils sometimes attributed to them. In many cases, elected officials made contemporaneous constitutional decisions that had as much influence as the celebrated or condemned judicial rulings. More often than not, judicial rulings matter more as a result of changing the political dynamics than by directly changing public policy. Law students and others interested in constitutional change, for these reasons, need to …

Why Was China Trapped In An Agrarian Society? An Economic Geographical Approach To The Needham Puzzle [Post-Print], Guanzhong James Wen

Faculty Scholarship

This paper argues that before the world started to globalize, the differences in the geographical endowments that different populations faced were the most important constraints to their long-term production and consumption. The paper uses this central hypothesis to explain the sharp contrast between the flourishing Song and the stagnant Ming and Qing. During the Song dynasty, despite the fact that China lost a significant amount of arable land to invading nomads as its population peaked, China witnessed a higher urbanization level, more prosperous commerce and international trade, and an explosion of technical inventions and institutional innovations. However, after having significantly …

Effect Of Type Of Cue, Type Of Response, Time Delay And Two Different Ongoing Tasks On Prospective Memory Functioning After Acquired Brain Injury [Post-Print], Sarah A. Raskin, Carol A. Buckheit, Amanda Waxman

Faculty Scholarship

Failures of prospective memory (PM) are one of the most frequent, and least studied, sequelae of brain injury. PM, also referred to as memory for intentions, is the ability to remember to carry out a future task. Successful completion of a PM task requires the ability to monitor time, keep the action to be performed periodically in awareness, remember the task to be performed, and initiate the action. Although PM has been shown to be a common difficulty after brain injury, it remains unknown which aspects of performance are impaired. In this study, the performance of 25 individuals with brain …

Toward A Multilingual Composition Scholarship : From English Only To A Translingual Norm., Bruce Horner, Samantha Necamp, Christiane Donahue

Faculty Scholarship

Against the limitations English monolingualism imposes on composition scholarship, as evident in journal submission requirements, frequency of references to non-English medium writing, bibliographical resources, and our own past work, we argue for adopting a translingual approach to languages, disciplines, localities, and research traditions in our scholarship, and propose ways individuals, journals, conferences, and graduate programs might advance composition scholarship toward a translingual norm.

Federalizing Medicaid, Nicole Huberfeld

Faculty Scholarship

Medicaid fosters constant tension between the federal government and the states, and that friction has been exacerbated by its expansion in the Patient Protection and Affordable Care Act of 2010 (PPACA). Medicaid was an under-theorized and underfunded continuation of existing programs that retained two key aspects of welfare medicine as it developed: bias toward limiting government assistance to the “deserving poor,” and delivery of care through the states that resulted in a strong sense of states’ rights. These ideas regarding the deserving poor and federalism have remained constants in the program over the last forty-six years, but PPACA changes one …

Neither Rules Nor Standards, Steven Dean

Faculty Scholarship

Specifying the content of a requirement or a prohibition up front-e.g. replacing a "reasonable speed" requirement with a fifty-five miles per hour speed limit-can make life easier for enforcers and citizens alike. Recent efforts to substitute international tax rules for decades-old standards may do just the opposite, jeopardizing the "miracle" that is today's international tax regime. Enhanced information exchange and formulary apportionment will undermine the legitimacy that is essential to the success of any international legal regime. A better solution would overhaul the century-old benefits principle to weave enforcement deep into the fabric of the international tax regime. Only then …

Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose

Faculty Scholarship

This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …

Wikipedia, Ipods, And Chickens : An Active Learning Exercise To Teach Evaluation Of Information., Latisha Reynolds, Anna Marie Johnson

Faculty Scholarship

Librarians at the University of Louisville developed an evaluation of information exercise that is completely interactive. Students learn evaluation skills by participating in a small-group exercise, after which, the groups teach their classmates what they have learned.

Each small-group is assigned a different publication to evaluate such as a book, a website, a scholarly article, magazine or newspaper. They also have questions to answer in order to evaluate each source. After they evaluate the sources, each group chooses a student to present the information in front of the class.

The librarian acts as a facilitator to guide the students and …

A Randomized Trial To Evaluate The Course Of Effects Of A Program To Prevent Adolescent Depressive Symptoms Over 12 Months., Patrick Pössel, Jill L. Adelson, Martin Hautzinger

Faculty Scholarship

Although few prevention studies have been designed to investigate the course of prevention effects over time, it seems that the effects on depressive symptoms increase from post-intervention to 6-month follow-up but then decrease with longer lags to follow-up. Furthermore, previous prevention studies have found differential intervention effects for boys and girls without testing possible explanations for this effect. The present randomized control group study with 301 8th-grade students examined the effects of a depression prevention program from baseline until 12-month follow-up. As expected, while positive intervention effects were found on girls’ depressive symptoms, no such effects were found on boys’ …

Response To House Memorial 41 Requesting A Study Of The Use Of Natural Gas As A Transportation Fuel, Kevin Washburn, Kevin Boberg, Jeffrey Kendall

Faculty Scholarship

This paper addresses legal, logistical and technological issues related to the use of compressed natural gas (CNG) as a transportation fuel in New Mexico. It was prepared at the request of the NM State legislature in House Memorial 41.

Omens, Portents, And Possibilities: Libraries In 2020, Clem Guthro, James Jackson Sanborn

Faculty Scholarship

No abstract provided.

German Vat Compliance - Moving One Step Closer To Automated Third-Party Solutions, Richard Thompson Ainsworth

Faculty Scholarship

Recent developments in German VAT compliance, notably (a) the imposition of criminal penalties for failing to immediately amend a preliminary return that is known to be in error [Bundesgerichtshof decision of March 17, 2009, No. BGH 1 StR 342/08], when considered in tandem with (b) amendments to the voluntary disclosure rules, Gesetz zur Vebesserung der Bekämpfung von Geldwäsche und Steuerhinterziehung, it is clear that the German VAT compliance landscape has changed dramatically in the past year.

Taken as a whole, the German rules strongly encourage internal audits, self-reviews, and immediate self-disclosures of errors in previously filed returns and taxes paid. …

Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic

Faculty Scholarship

One of the most fundamental tasks attorneys perform is to advise clients as to what the law is. Yet, Model Rule 2.1 (“Rule 2.1”), the chief ethical rule addressing attorneys qua advisors, is rarely enforced in the absence of other ethical violations. Although attorneys comply with the ethical rules for reasons apart from a fear of being sanctioned, it is often against the self-interest of attorneys to “exercise independent professional judgment and render candid advice” as contemplated by Rule 2.1. When attorneys calculate that their legal advice is unlikely to be challenged, they may be prone to advance tendentious legal …

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Faculty Scholarship

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …

Investigation Of Visitors’ Participation And Willingness To Pay For The Baba Aman Recreational Park, Iran, M. Reza Ghanbarpour, Shima Sajjadi, S. Tahereh Hajiseyedjavadi, Xiangming Chen

Faculty Scholarship

The aim of this study is to estimate the recreational value of Baba Aman Natural Park near Bojnord in Northeast Iran. The recreational value of Baba Aman Park has been analyzed using a contingent valuation method. For this purpose, 201 on-site questionnaires were administered between June and September of 2006. Visitor’s willingness to pay (WTP) for Baba Aman recreational park has been estimated for future entrance fees associated with two scenarios including current conditions and proposed improvements of the recreational services in the park. Average WTP was estimated 1.5 and 2 times more than the current entrance fee, considering two …

The Benefits Of Opt-In Federalism, Brendan S. Maher

Faculty Scholarship

The Affordable Care Act (“ACA”) is a controversial and historic statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism.

Opt-in federalism – in which individuals choose between federal and state rules – is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.

Thick Disks Of Edge-On Galaxies Seen Through The Spitzer Survey Of Stellar Structure In Galaxies (S4g) : Lair Of Missing Baryons?, Sebastien Comeron, Bruce G. Elmegreen, Johan H. Knapen, Heikki Salo, Eija Laurikainen, Jarkko Laine, E. Athanassoula, Albert Bosma, Kartik Sheth, Michael W. Regan, Joannah L. Hinz, Armando Gil De Paz, Karin Menendez-Delmestre, Trisha Mizusawa, Juan Carlos Munoz-Mateos, Mark Seibert, Taehyun Kim, Debra M. Elmegreen, Dimitri A. Gadotti, Luis C. Ho, Benne W. Holwerda, Jani Lappalainen, Eva Schinnerer, Ramin Skibba

Faculty Scholarship

Most, if not all, disk galaxies have a thin (classical) disk and a thick disk. In most models thick disks are thought to be a necessary consequence of the disk formation and/or evolution of the galaxy. We present the results of a study of the thick disk properties in a sample of carefully selected edge-on galaxies with types ranging from T = 3 to T = 8. We fitted one-dimensional luminosity profiles with physically motivated functions—the solutions of two stellar and one gaseous isothermal coupled disks in equilibrium—which are likely to yield more accurate results than other functions used in …

Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh

Faculty Scholarship

This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.

The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …

Direct Concern In Regional Policy: The European Court Of Justice And The Southern Question, Daniela Caruso

Faculty Scholarship

For a few years, the European Court of Justice (ECJ) has declared inadmissible, for lack of direct concern, a number of annulment actions initiated by sub-state actors in the context of regional policy. This article compares the ECJ's holdings with the General Court's more generous application of the ‘direct concern’ standard in some of the same disputes, and argues in favour of the General Court's approach. The cases hereby analysed pertain to the implementation of structural funds in Southern Italy. Relating regional policy to the historical unfolding of the ‘Southern Question’, this article examines the unexpected opportunity for civic and …

Construction Of An Np Problem With An Exponential Lower Bound, Roman V. Yampolskiy

Faculty Scholarship

In this paper we present a Hashed-Path Traveling Salesperson Problem (HPTSP), a new type of problem which has the interesting property of having no polynomial time solutions. Next we show that HPTSP is in the class NP by demonstrating that local information about sub-routes is insufficient to compute the complete value of each route. As a consequence, via Ladner"s theorem, we show that the class NPI is non-empty.

Combating Antibiotic Resistance Through The Health Impact Fund, Kevin Outterson, Thomas Pogge, Aidan Hollis

Faculty Scholarship

The Health Impact Fund (Hollis & Pogge 2008) is an innovative financing mechanism for global drug discovery and dissemination, separating the reward for successful R&D from the market price of the drug, also known as de-linkage. Aaron Kesselheim and Kevin Outterson have recently proposed a mechanism to reimburse companies for antibiotics according to their social value, but conditioned on achieving conservation goals to limit resistance (Kesselheim & Outterson 2010, 2011). This paper will explore whether this antibiotic resistance conservation proposal can be adapted to the framework of the Health Impact Fund. If these proposals can be meshed, then antibiotics might …