Digital Commons Network^™

Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie

Faculty Publications

This article explores the ability of the International Criminal Tribunal for the former Yugoslavia to create and amend its own Rules of Procedure and Evidence. It also focuses on the manner in which the Tribunal addresses issues that arise, throughout the course of its proceedings, for which its statute and rules are silent. This article advances the theory that, when confronted with issues that are controversial, complex, or for which there is a lack of consensus among national legal systems or the Tribunal’s judiciary, the Court should simply decide the case before it rather that create broad and binding rules. …

Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart

Faculty Publications

Introduction to the symposium "The Future of International Intellectual Property: The International Relations of Intellectual Property Law," Cleveland, Ohio March 26,2004.

Citizenship, Identity, And Transnational Migration: Arab Immigrants To The Us, Caroline R. Nagel, Lynn A. Staeheli

Faculty Publications

The aim of this paper is to evaluate the changing relationships between identities, citizenship and the state in the context of globalisation. We first examine the ways in which scholars discuss changes in the ways in which citizenship and political identity are expressed in the context of international migration. We argue that much of the discussion of transnationalism and diaspora cling to an assumption that citizenship remains an important—though not defining—element of identity. Our position, by contrast, is that migration is one of a number of processes that transform the relationship between citizenship and identity. More specifically, we argue that …

What Do You Mean, Rhetoric Is Epistemic?, William D. Harpine

Faculty Publications

The thesis that rhetoric is epistemic has gained widespread acceptance and has influenced rhetorical theory. The thesis suggests that argumentative justification in rhetorical contexts is fundamentally epistemic. Unfortunately, however, much of the literature developing the thesis has employed vague or inconsistent definitions of key terms, resulting in theoretical errors and needless complications. This essay clarifies the definitions of “rhetoric,” “knowledge,” and “certainty,” showing how the notion that rhetoric is epistemic might be developed in a clearer and more useful way.

Genung’S Theory Of Persuasion: A Literary Theory Of Oratory Of Late Nineteenth-Century America, William D. Harpine

Faculty Publications

John Genung’s late nineteenth century rhetoric textbooks, although founded on an eighteenth century model of Scottish composition, present an original conception of oratory. Genung’s theory breaks free of the classical models and lays out the path to be followed during the development of speech studies among American rhetoricians of the early twentieth century.

Is Modernism Really Modern? Uncovering A Fallacy In Postmodernism, William D. Harpine

Faculty Publications

Some postmodernists criticize the view that the logics of Western thought can be employed universally. In doing so, they assume without adequate proof that different human societies have greatly different rationalities and employ completely different logics. This essay argues that, on the contrary, widely different cultures often share noteworthy similarities in rationality.

Book Review Of Gender On Trial: Sexual Stereotypes And Work/Life Balance In The Legal Workplace, Nicole Buonocore Porter

Faculty Publications

Holly English's book, Gender on Trial: Sexual Stereotypes and Work/Life Balance in the Legal Workplace, offers a very interesting, albeit mostly anecdotal, look at the many real or perceived sexual stereotypes in the legal workplace. Her book is the result of interviews with 180 lawyers (fifty of them men) over a two-year period in all regions of the country. Her main purpose of the book was to "explore the fact that persistent gender stereotypes present a continuing obstacle that obstructs the availability of broad opinions and choices for men and women lawyers." Through eight substantive chapters, she seeks to explore …

Building On Bedrock: The Continued Evolution Of Jury Reform, G. Thomas Munsterman, Paula L. Hannaford-Agor

Faculty Publications

Abundantly clear is that, far from being an enclave from the pressures and concerns of contemporary society, jury service readily absorbs and reflects those concerns in ways that can both support and challenge the American jus­tice system. Some of these concerns cut across many stages of jury service, and their effects are felt in unexpected ways. To sift through and identify the most noteworthy jury improvement efforts and concerns in the last seven years, we turned to technology (coincidently one of the hottest topics in jury service) and examined the topics that subscribers to Jur-E Bulletin, the National Center …

Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act (ADA) was heralded as an "emancipation proclamation" for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from earlier antidiscrimination measures, most notably Title VII, because providing accommodations results in something more than equality for the disabled. The Article challenges this prevalent belief by arguing that ADA-mandated accommodations are consistent with other antidiscrimination measures in that each remedies exclusion from employment opportunity by questioning the inherency of established workplace norms, and by …

Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese

Faculty Publications

No abstract provided.

Context Of Learning And Second Language Fluency In French: Comparing Regular Classroom, Study Abroad And Intensive Domestic Immersion Programs, Barbara F. Freed, Norman Segalowitz, Dan Dewey

Faculty Publications

We compared the acquisition of various dimensions of fluency by 28 students of French studying in three different learning contexts: formal language classrooms in an at home (AH) institution, an intensive summer immersion (IM) program, and a study abroad (SA) setting. For the purpose of oral data collection, students participated in oral interviews (similar to the Oral Proficiency Interview) at the beginning and the end of the semester and provided information regarding language use and interactions. Analyses included comparisons of gain scores as a function of the learning context and as a function of the time reported using French outside …

The Language Contact Profile, Barbara F. Freed, Dan Dewey, Norman Segalowitz, Randall Halter

Faculty Publications

Efforts to gather data of various sorts—demographics, language-learning history, contact with native speakers, use of the language in the field—as they relate to participants in SLA research studies are inherent to understanding more about language acquisition and use. Scholars frequently develop questionnaires of their own, which are rarely shared widely in the profession. Consequently, much time and effort is invested in reinventing the process of gathering the types of data that are commonly needed.

The document we present here—a questionnaire to assess second language contact for students entering and completing language study programs in various contexts of learning (academic classrooms, …

Human Capital And Learning As A Source Of Sustainable Competitive Advantage, Nile W. Hatch, Jeffrey H. Dyer

Faculty Publications

This paper seeks to identify the sources of wide and persistent variations in learning performance in the semiconductor manufacturing industry. In the resource-based view of the firm, human capital is frequently assumed to contribute to competitive advantage due to its inimitability based on its intangible, firm-specific, and socially complex nature. Consistent with this view, we find that investments in firm-specific human capital have a significant impact on learning and firm performance. More specifically, human capital selection (education requirements and screening), development through training, and deployment significantly improve learning by doing, which in turn improves performance. However, we find that acquiring …

Market Reaction To The Expiration Of Ipo Lockup Provisions, James C. Brau, David A. Carter, Stephen E. Christophe, Kimberly G. Key

Faculty Publications

Initial public offering (IPO) lockup agreements prevent insider sale of shares for specified periods of time (often 180 days). This study investigates share price reactions at and around the time the lockup agreements expire. Results indicate statistically significant negative abnormal returns in the event window surrounding the expiration date. The results are consistent with informational asymmetries and decreasing incentive alignment between insiders and general shareholders. In addition, multivariate analysis identifies several variables that help explain these abnormal returns.

Contributions Of Family Leisure To Family Functioning Among Transracial Adoptive Families, Ramon B. Zabriskie, Patti Freeman

Faculty Publications

The purpose of this study was to examine family leisure behavior among intact families with transracial adoptive children and make comparisons to a broad sample of families with only biological children. The sample consisted of 197 adoptive families. Data were analyzed from a parent, youth, and family perspective. The Family Leisure Activity Profile (FLAP) was used to determine family leisure involvement. FACES II was used to measure family functioning. Findings indicated that measures of family cohesion, family adaptability, and family functioning were higher among the adoptive family sample. Core, balance, and total family leisure involvement were also higher among the …

The Influences Of Family Leisure Patterns On Perceptions Of Family Functioning*, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

This study conducted a preliminary test of a model of family leisure functioning by examining the relationship of core and balance family leisure patterns to family cohesion and adaptability. We hypothesized that core family leisure patterns address family needs for stability, facilitate the development of cohesive relationships, and are related to perceptions of family cohesion, whereas balance family leisure patterns address family needs for change, facilitate the development of adaptive skills, and are related to perceptions of family adaptability. Findings from 2 multiple regression analyses provided preliminary support for the model. Conclusions and implications are discussed.

Employee Investment Decisions About Company Stock, James J. Choi, David Laibson, Brigitte C. Madrian, Andrew Metrick

Faculty Publications

Recent high-profile cases have illustrated the dangers of employee investment in company stock. These debacles are unlikely to be the last ones, or even the most severe. Companies with more than 50 percent of retirement assets in company stock are common, and fractions over 80 percent continue to prevail at such large companies as Procter & Gamble, Anheuser- Busch, and Pfizer.¹

The concentration of retirement wealth in company stock is a clear violation of diversification principles. Recently, several studies have quantified the economic costs of this concentration. Muelbroek (2002) uses a Sharperatio approach and finds that the average diversification …

Integrating Perception, Language And Problem Solving In A Cognitive Agent For A Mobile Robot., Deryle W. Lonsdale, D. Paul Benjamin, Damian M. Lyons

Faculty Publications

We are implementing a unified cognitive architecture for a mobile robot. Our goal is to endow a robot agent with the full range of cognitive abilities, including perception, use of natural language, learning and the ability to solve complex problems. The perspective of this work is that an architecture based on a unified theory of robot cognition has the best chance of attaining human-level performance.

This agent architecture is an integration of three theories: a theory of cognition embodied in the Soar system, the RS formal model of sensorimotor activity and an algebraic theory of decomposition and reformulation.

These three …

80 Miles From The Nearest Library, With A Research Paper Due Monday: Extending Library Services To Distance Learners, Allyson Washburn, Jessica Draper

Faculty Publications

This presentation reports the results of a project to extend the services and resources of Brigham Young University's Harold B. Lee Library to distance-education students located in many areas of the world. Focusing on students enrolled in university-level English courses, the project team created a one-stop, integrated Web portal of library services and resources in Independent Study courses. This Library portal includes links to subscription databases, interlibrary loan, and personal reference services such as Ask a Librarian Live. The project team promoted faculty members' use of library research in the assignments for their Independent Study English courses. Finally, to ascertain …

Privacy On The Open Road, Dorothy J. Glancy

Faculty Publications

The discussion begins by describing some of the surveillance techniques and technologies that can affect the privacy of travelers along public roadways. Then the article turns to examine some of the privacy interests of people on the open road. The next part considers some of the many types of legal rights that protect the privacy of people on public roads or highways. The article concludes by addressing the principle that people on the open road have important rights to freedom from intrusions and interferences with their on-the-road activities.

Availability Of U.S. Courts To Detainees At Guantanamo Bay Naval Base - Reach Of Habeas Corpus - Executive Power In War On Terror (Rasul V. Bush), David Sloss

Faculty Publications

No abstract provided.

Decollectivization And Democracy: Current Law Practice In Romania, Kandis Scott

Faculty Publications

Why have decollectivized Romanian lawyers failed to become important actors in the consolidation of their nation's democracy? Interviews of legal professionals in four Romanian cities suggest that their failure to participate in civil society inhibits avocats from becoming agents of change.

Notwithstanding the 1990-2002 statutes privatizing the bar, daily Romanian law practice differs little from collectivized practice. A similar resemblance to United States solo and small-firm practice is so striking as to belie the influence of the communist past in determining the behavior of typical Romanian lawyers today. The economics of law practice seem to explain consistent behavior in both …

"The Right To Be Sexual" (Revisited): Remembering Mary Dunlap, Patricia A. Cain

Faculty Publications

No abstract provided.

Is The President Bound By The Geneva Conventions?, David Sloss, David Jinks

Faculty Publications

The United States is party to several treaties that regulate the conduct of war, including the 1949 Geneva Conventions on the Protection of War Victims. These treaties require belligerent states, as a matter of international law, to accord fair and humane treatment to enemy nationals subject to their authority in time of war. Moreover, these treaties are, as a matter of domestic law, part of the Supreme Law of the Land. The scope and content of the Conventions have assumed central importance in debates about U.S. policy toward al Qaeda and Taliban detainees held at Guantanamo Bay, Cuba. Indeed, several …

Content Analysis Of The Leading General Academic Databases, Kelly D. Blessinger, Maureen Olle-Lajoie

Faculty Publications

Title lists from the three leading general academic databases were compared to evaluate journal content. Some of the elements that were analyzed include subject coverage, the quality of titles provided, accessibility issues, and trends over time for these databases. While database title lists are now readily available on the Internet for comparison, as our article illustrates, these lists need further evaluation for proper assessment.

Twenty-Five Propositions On Writing And Persuasion, Jonathan Van Patten

Faculty Publications

No abstract provided.

Multiagent Systems With Workflows, José M. Vidal, Paul A. Buhler, Christian Stahl

Faculty Publications

Industry and researchers have two different visions for the future of Web services. Industry wants to capitalize on Web service technology to automate business processes via centralized workflow enactment. Researchers are interested in the dynamic composition of Web services. We show how these two visions are points in a continuum and discuss a possible path for bridging the gap between them.

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan H. Adler

Faculty Publications

What I want to talk about are some legal issues relating to labeling and, in particular, constitutional issues relating to mandatory labeling for genetically modified foods or food products that may contain genetically modified components. This is a separate issue from whether or not the FDA, or some other agency, has sufficient statutory authority at present to mandate labeling, and that is something worth discussing. Even if they do have such authority, or even if Congress tomorrow were to give the FDA such authority or were to require the FDA to impose labels on genetically modified foods, or if a …

Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron

Faculty Publications

Law schools (and indeed all of higher education) have witnessed an explosive growth in the use of technology in the classroom. Many law teachers now deploy a wide array of technological bells and whistles, including PowerPoint slides, Web-based course platforms, in-class Internet access, and the like. Students, in turn, increasingly come to class armed with laptop computers to harvest the fruits of the classroom experience. Yet in recent years there has been something of a backlash, with various law teachers arguing that this technology is interfering with, rather than improving, pedagogy in the classroom. According to the critics, the technology …

Accuracy Of Airborne Lidar-Derived Elevation: Empirical Assessment And Error Budget, Michael E. Hodgson, Patrick Bresnahan

Faculty Publications

As part of a countywide large-scale mapping effort for Richland County, South Carolina, an accuracy assessment of a recently acquired lidar-derived data set was conducted. Airborne lidar (2-m nominal posting) was collected at a flying height of 1207 meters above ground level (AGL) using an Optech ALTM (Airborne Laser Terrain Mapper) 1210 system. Unique to this study are the reference point elevations. Rather than using an interpolation approach for gathering observed elevations at reference points, the x-y coordinates of lidar points were located in the field and these elevations were surveyed. Using both total-station-based and rapid-static GPS techniques, observed vertical …