Digital Commons Network^™

Research On Self-Represented Litigation: Preliminary Results And Methodological Considerations, Paula Hannaford-Agor, Nicole Mott

Faculty Publications

As various programs for self-represented litigants proliferate and costs increase, fund­ing agencies are beginning to demand that programs demonstrate their effectiveness through empirical evaluation. This article recounts some of the lessons learned from a National Center for State Courts' research project on improving access to justice for self-represented litigants. First, the article briefly describes the problems faced by courts as a result of the influx of self-represented litigants. The article then describes automated case-level data and litigant self-reported data from five jurisdictions and some preliminary findings. We conclude with a discussion of problems that we encoun­tered in analyzing those data.

Sex Plus Age Discrimination: Protecting Older Women Workers, Nicole Buonocore Porter

Faculty Publications

There is little doubt that sexism and ageism still exist. To remedy these "isms," there are laws to protect both women and older workers from discrimination in the workplace, namely Title VII of the Civil Rights Act of 1964 ("Title VII"), which prohibits sex discrimination as well as discrimination based on many other protected categories, and the Age Discrimination in Employment Act of 1967 ("ADEA"), which prohibits age discrimination. Despite these protections, an older woman cannot bring a claim based on the fact that she feels she was discriminated against because she is an older woman. In other words, her …

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …

Explaining Grutter V. Bollinger, Neal Devins

Faculty Publications

No abstract provided.

Sexual Harassment, Amy E. Street, Jane Stafford, Tamara A. Bruce

Faculty Publications

No abstract provided.

The Sound Of Dust Settling: A Response To Residual Criticisms Of The Uma, Richard C. Reuben

Faculty Publications

The Uniform Mediation Act has gone to the states for consideration after about five years of research, drafting, and vetting, and ultimately, overwhelming support by the American Bar Association, the National Conference of Commissioners on Uniform State Laws, most major dispute resolution professional organizations and service providers, and many if not most leading dispute scholars. Despite this support, concerns about the UMA still continue to echo from its drafting. Professor Brian Shannon's criticisms largely echo these discussions, and in this article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for …

Discussing The First Amendment , Christina E. Wells

Faculty Publications

Despite its many good qualities, Eternally Vigilant nevertheless suffers from a flaw common to First Amendment scholarship--a tendency to give short shrift to study of the social, psychological, historical, and political factors that influence the Court's decision making and, thus, free speech doctrine. Discussion including these influences would facilitate an even greater understanding of free speech doctrine and the principles that underlie it.

A Genome-Wide Scan For Body Mass Index Among Nigerian Families, Adebowale Adeyemo, Amy Luke, Richard Cooper, Xiaodong Wu, Bamidele Tayo, Xiaofeng Zhu, Charles Rotimi, Nourdine Bouzekri, Ryk Ward

Faculty Publications

Objective: Interest in mapping genetic variants that are associated with obesity remains high because of the increasing prevalence of obesity and its complications worldwide. Data on genetic determinants of obesity in African populations are rare. Research Methods and Procedures: We have undertaken a genome-wide scan for body mass index (BMI) in 182 Nigerian families that included 769 individuals. Results: The prevalence of obesity was only 5%, yet polygenic heritability for BMI was in the expected range (0.46 ± 0.07). Tandem repeat markers (402) were typed across the genome with an average map density of 9 cM. Pedigree-based analysis using a …

A Representation Theorem For Recovering Contraction Relations Satisfying Wci, Zhaohui Zhu, Bin Li, Xi'an Xiao, Shifu Chen, Wujia Zhu

Faculty Publications

A notion of an image structure associated with the canonical epistemic state is introduced. Based on it, we get a representation result for recovering contraction inference relations satisfying the condition weak conjunctive inclusion (wci) in terms of F-standard epistemic AGM states. In effect, this result establishes a representation theorem for belief contraction functions satisfying AGM postulates (k-1) - (k-7), and Rott's (wci) and (k-8c), and hence generalizes Rott's corresponding result in the finite framework. © 2002 Elsevier Science B.V. All rights reserved.

Deterrents To Participation In Parenting Education, Debora C. Johnson, Betty C. Harrison, Michael F. Burnett, Peter Emerson

Faculty Publications

The purpose of this study was to determine the deterrents to participation by adults in parenting education programs. The objectives were (a) to describe parents with children in selected day care facilities on selected sociodemographic characteristics, (b) to determine factors that deterred those parents from participating in parenting education, and (c) to determine if there was a relationship between selected sociodemographic characteristics and the parents' participation in parenting education programs. A simple random sample of parents was drawn from the accessible population. Factor analysis revealed five factors that deterred this population from participating in parenting education: Lack of Confidence, Lack …

Multiplicative Renormalization And Generating Functions I, Nobuhiro Asai, Izumi Kubo, Hui Hsiung Kuo

Faculty Publications

Let μ be a probability measure on the real line with finite moments of all orders. Apply the Gram-Schmidt orthogonalization process to the system {1, x, x2, . . ., xn, . . .} to get orthogonal polynomials Pn(x), n ≥ 0, which have leading coefficient 1 and satisfy (x-αn)Pn(x) = Pn+1(x) +ωnPn-1(x). In general it is almost impossible to use this process to compute the explicit form of these polynomials. In this paper we use the multiplicative renormalization to develop a new method for deriving generating functions for a large class of probability measures. From a generating function for …

Optimization Of Resonances In Photonic Crystal Slabs, Robert P. Lipton, Stephen P. Shipman, Stephanos Venakides

Faculty Publications

Variational methods are applied to the design of a two-dimensional lossless photonic crystal slab to optimize resonant scattering phenomena. The method is based on varying properties of the transmission coefficient that are connected to resonant behavior. Numerical studies are based on boundary-integral methods for crystals consisting of multiple scatterers. We present an example in which we modify a photonic crystal consisting of an array of dielectric rods in air so that a weak transmission anomaly is transformed into a sharp resonance.

Where's The Beef? Dissecting Spam's Purported Harms, Eric Goldman

Faculty Publications

Virtually everyone seems to agree that spam causes tremendous harm, but there is surprisingly little consensus on exactly what those harms are. This Essay examines various harms that spam purportedly causes to assess if the harm is real and if spam is treated dichotomously compared to other media communications. Based on this analysis, the Essay concludes that many harms purportedly caused by spam are not appropriate policy justifications for regulation.

Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román

Faculty Publications

The Sixth Annual LatCrit Conference (LatCrit VI) titled "Latinas/os and the Americas: Centering North-South Frameworks in LatCrit Theory," was the latest installment of the leading progressive scholarly movement addressing nonwhite critical jurisprudence.3 The goals of the conference were to explore the ties that bind Latinas/os residing in the United States to their homeland's societies and cultures, and to examine the impact of globalization on critical jurisprudential discourse.4 The conference was attended predominately by straight and gay law professors of color, including Latinas/os, African Americans, Asian Americans, and indigenous persons, most of whom describe themselves as LatCrits or more whimsically, LatCritters. …

Teaching Green: Experimenting With Green Values In The Classroom, David Whiteman

Faculty Publications

No abstract provided.

Responding To The Demise Of Adolescent Artmaking: Charting The Course Of Adolescent Development In An Exceptional Art Classroom, Mark Graham

Faculty Publications

Adolescent artistic developmental potential is often underestimated, ignored, or dismissed as irrelevant. This article argues that the deliberate cultivation of artistry is neglected and the task of developing mastery in any visual language is rarely attempted. By adolescence, most children give up the visual arts as a means of understanding or expression. Although drawing is accepted as a fundamental skill in most secondary art programs, there are different opinions on how to teach drawing, and to whom drawing should be taught. Endpoints of development and the role of cultural influences are two areas that invite different points of view. This …

Concealing And Confounding Adverse Signals: Insider Wealth-Maximizing Behavior In The Ipo Process, James S. Ang, James C. Brau

Faculty Publications

We study a known negative signal, the sale of insider shares in an IPO and find that insiders adopt two concealment strategies consistent with wealth-maximizing behavior. First, insiders underreport the number of personally owned shares in the prominent original prospectus and use an obscure amendment to communicate the true higher level of shares to be offered. Second, when insiders increase shares in a later amendment, they tend to either increase secondary shares disproportional to primary share increases, or to reduce primary shares to wholly or partly conceal the increase in secondary shares offered. Insiders confound the negative secondary share signal …

Testing Forward Exchange Rate Unbiasedness Efficiently: A Semiparametric Approach, Douglas J. Hodgson, Oliver Linton, Keith Vorkink

Faculty Publications

We apply semiparametric efficient estimation procedures for a seemingly unrelated regression model where the multivariate error density is elliptically symmetric to study the efficiency of the foreign exchange market. We consider both cointegrating regressions and standard stationary regressions. The elliptical symmetry assumption allows us to avoid the curse of dimensionality problem that typically arises in multivariate semiparametric estimation procedures, because the multivariate elliptically symmetric density function can be written as a function of a scalar transformation of the observed multivariate data. We test the unbiasedness hypothesis on both weekly and daily exchange rate data and strongly reject unbiasedness at the …

Model Checking For Design And Assurance Of E-Business Processes, Bonnie Anderson, James V. Hansen, Paul Benjamin Lowry, Scott L. Summers

Faculty Publications

Use of the Internet for electronic business has the potential to revolutionize the way many businesses are conducted. Yet, several businesses have fallen victim to problems in information systems that facilitate e-Business. These problems are characterized by uncertainties due to system complexity, rapid development, interconnectivity, and a lack of familiarity with the new technologically based economy. This paper demonstrates how model checking can aid in the design and assurance of e- Business processes in environments characterized by distributed processing, parallelism, concurrency, communication uncertainties, and continuous operations.

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Faculty Publications

No abstract provided.

Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

1984 And Beyond: Two Decades Of Copyright Law, Tyler T. Ochoa

Faculty Publications

During the past two decades, engineers, authors, publishers, consumers, lawyers and academics have witnessed extraordinary developments in the technological landscape, often leading to equally dramatic developments in the law of copyright. Many of these developments have been chronicled (or foreshadowed) in the pages of the Santa Clara Computer and High Technology Law Journal. To celebrate the Journal's 20th Anniversary, this essay will place a number of articles which have appeared in the Journal in their historical context by taking a look back on how the law of copyright has changed during the past twenty years.

Human Rights - Transnational Abductions - Extraterritorial Application Of International Covenant On Civil And Political Rights - Non-Self-Executing Treaties: United States V. Duarte-Acero, 296 F. 3d 1277, Cert. Denied, 123 S. Ct. 573, David Sloss

Faculty Publications

No abstract provided.

Dying Children And Medical Research: Access To Clinical Trials As Benefit And Burden, Michelle Oberman, Joel Frader

Faculty Publications

No abstract provided.

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

A Comparison Of High And Low Performing Secondary Physical Education Programs, Darla Castelli, Judith E. Rink

Faculty Publications

No abstract provided.

A Decade Of Daubert, David G. Owen

Faculty Publications

No abstract provided.

Raising (And Control), William D. Davies, Stanley William Dubinsky

Faculty Publications

No abstract provided.

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …