Digital Commons Network^™

An Automated Technique For Monitoring Nocturnal Avian Vocalizations., Brent Burt, James B. Johnson, Daniel Saenz, Richard N. Conner

Faculty Publications

Using audio recording dataloggers, we collected nocturnal bird vocalizations at different sites within the Davy Crockett National Forest and the Stephen F. Austin Experimental Forest. We detected vocalizations of a variety of nocturnal and diurnal species. This technology is useful for its application to avifauna.

The Constitutional Implications Of A Cloning Society, Elizabeth Price Foley

Faculty Publications

This paper examines the social and legal implications of human cloning.

Dynamic Co-Existence Of Company-Owned And Franchised Outlets Within A Company: A Framework Of The Franchisor's Perspective, Robert E. Sibley, B. Yoo

Faculty Publications

Why and how do company-owned and franchised outlets simultaneously exist within the same organization? The purpose of this article is to integrate a variety of theories on this interesting retail phenomenon into a broader theoretical framework based on the political-economy paradigm. This paper attempts to integrate the perspectives of several theories that previously have been considered competing models of a single reality--the access-to-capital viewpoint, transaction cost analysis, the population ecology perspective, and power-dependence-conflict arguments--into a broader perspective that utilizes intra-firmfactors and the internal and external economies and polities of the political-economy paradigm. A model depicting this integration is set forth …

A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker

Faculty Publications

The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault.

Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk …

Human Cloning & The Right To Reproduce, Elizabeth Price Foley

Faculty Publications

Explores the contours of the right to reproduce, recognized as a substantive liberty under the Due Process Clauses. Specifically, is the right a positive as well as negative right? Does the right encompass the right to use artificial reproductive technologies (ARTs) such as in vitro fertilization, artificial insemination, or reproductive cloning?

The Stephen F. Austin Experimental Forest, Cary C. Russell, Ronald E. Thill, David Kulhavy

Faculty Publications

On December 14, 1944, the Seventy-Eighth United States Congress passed a bill that authorized the transfer of 2,560 acres in Nacogdoches County, Texas, to the research branch of the United States Forest Service (USFS). This land became the Stephen F. Austin Experimental Forest (SFAEF) on September 19. 1945. One of eighty-one federal experimental forests and ranges nationally, it is the only one of its kind in Texas. Located seven miles west of Nacogdoches, three quarters of the Forest consists of bottomland hardwood forests along the Angelina River and the remainder of mixed pine and hardwood uplands.

Innovate Or Evaporate . . . Business Concept Innovation In The Furniture Industry In The Age Of Information, Steven H. Bullard

Faculty Publications

Introduction The U.S. furniture industry has changed dramatically in recent years. Furniture manufacturers, for example, have recently faced competition from foreign producers that has been particularly intense – resulting in factory closings and job losses in many areas of the country, including the Mid-South. In Mississippi, for example, the number of employees in furniture and fixtures industries dropped by 2,100 (6.8%) in the year 2000 (Center for Policy Research and Planning 2001). Similar job losses have been occurring in Tennessee, Virginia, North Carolina and other important furniture-producing states. Nationwide, employment in furniture and fixtures manufacturing dropped by 40,000 (7.2%) from …

Furniture Manufacturing And Marketing: Eight Strategic Issues For The 21st Century, Steven H. Bullard, C. D. West

Faculty Publications

“Take change by the hand, or it will take you by the throat.” Attributed to Winston Churchill, this brief sentence emphasizes the need to understand and embrace change in general. What important “changes” will impact furniture production and marketing in the 21st century? And what can furniture manufacturers and marketers do to “take change by the hand” today and in the future?

Beyond Science Into Policy: Gulf Of Mexico Hypoxia And The Mississippi River, N N. Rabalais, R. Eugene Turner, D Scavia

Faculty Publications

No abstract provided.

The Virtues Of Corporate And Professional Guardians, Alison Barnes

Faculty Publications

No abstract provided.

The Civil Docket: From Civil Rights To Social Security, Jay E. Grenig

Faculty Publications

No abstract provided.

When Should A Court Rather Than An Arbitrator Decide Whether A Claim Is Arbitrable?, Jay E. Grenig

Faculty Publications

No abstract provided.

An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson

Faculty Publications

On April 13, 2000, the Canadian Parliament enacted by Royal Assent the Personal Information Protection and Electronic Documents Act (PIPEDA). The Act requires private organizations to comply with a code of “fair information practice,” which mandates individual consent for the collection, use, and disclosure of personal information. PIPEDA complements the Federal Privacy Act, which places similar obligations on government institutions. On January 1, 2002, the Act began to apply to personal information (including personal health information) collected, used, or disclosed by a federal work, undertaking, or business, and personal information (including personal health information) disclosed by any organization for consideration …

Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky

Faculty Publications

While it is perfectly legitimate for the United States to attempt to persuade foreign citizens and media not to engage in advocacy of violent acts, the administration's rhetoric suggests that the United States expects foreign governments to take action against speech that would be protected by the First Amendment in the United States. What explains this apparent hypocrisy? Is this simply another example of the United States touting democracy at home while supporting despotism abroad? Or is the Brandenburg incitement standard so socially and culturally contingent that it is not appropriate for export, at least to the Arab Middle East? …

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande

Faculty Publications

This article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …

A Fugitive Thread: The Production Of Subjectivity In Marx, Jason Read Phd

Faculty Publications

No abstract provided.

The Digital Divide In The New Millennium, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Romagoza V. Garcia: Proving Command Responsibility Under The Alien Torts Claims Act And The Torture Victim Protection Act, Beth Van Schaack

Faculty Publications

No abstract provided.

Criminal Speech And The First Amendment, Benjamin Means

Faculty Publications

No abstract provided.

The Emerging Role Of Ethics Advisors, General Counsel, And Other Compliance Specialists In Large Law Firms, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.

Lawyers And Trust In Business Alliances, George W. Dent

Faculty Publications

This Article attempts a first step in filling the gap in the legal literature about lawyers and strategic business alliances. Part I describes the distinctive nature of strategic alliances. Part II discusses why strategic alliances pose unique problems for lawyers. Part III considers how lawyers' negotiation tactics can enhance rather than erode trust between the parties in alliances. Part IV suggests how lawyers can draft substantive contract terms that foster trust and cooperation in alliances. Part V explores how law schools and continuing legal education can train lawyers to perform better not only in strategic business alliances but in all …

Imagine: A Comment On "A Liberal Education In Law", Melody Richardson Daily

Faculty Publications

While I was impressed with Professor Parker's paper for many reasons, to me her single most striking assertion is this: "Practicing law--and learning law-is at heart an imaginative enterprise."' It is a sentence that should be carved above the entrance to every law school. Few practicing attorneys would disagree with Professor Parker's observation. After all, if imagination is the ability to deal creatively with reality, then imagination is essential for each of the ten fundamental lawyering skills listed in the MacCrate Report. For example, no lawyer can succeed in problem-solving without first engaging in the process of imagining multiple possible …

Legal Theory And The Rule Of Law, Noel B. Reynolds

Faculty Publications

This article proposes that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this conventionalist concept of law in the sense that …

Too Wonderful To Understand God’S Gift Of Romantic Love, Glenn Russell

Faculty Publications

No abstract provided.

Bringing Online Learning To Campus: The Hybridization Of Teaching And Learning At Brigham Young University, Gregory L. Waddoups, Scott L. Howell

Faculty Publications

The primary purpose of Brigham Young University (BYU) is to provide students with a combination of sacred and secular education often described as the BYU experience. Achieving this purpose is challenged by the rapid growth in Church membership and an enrollment cap of 30,000 students. To address these challenges, BYU sponsors the use of technology to bridge the gap between the increased Church membership and the number of students allowed under the enrollment caps. This institutional case study shows how these challenges have influenced the hybridization of teaching and learning for on campus (resident) and off campus (distance) students. It …

Evaluation Of A Compound Probability Model With Tower-Mounted Scatterometer Data, David G. Long, Benjamin E. Barrowes

Faculty Publications

Six months of data from the YSCAT94 experiment conducted at the CCIW WAVES research platform on Lake Ontario, Canada, are analyzed to evaluate a compound probability model. YSCAT was an ultrawideband small footprint (ap 1 m) microwave scatterometer that operated at frequencies of 2-18 GHz, incidence angles from 0° to 60°, both h-pol and v-pol, and which tracked the wind using simultaneous weather measurements. The probability distribution function of the measured instantaneous backscattered amplitude (p(a)) is compared to theoretical distributions developed from-the composite model and a simple wave spectrum. Model parameters of the resulting Rayleigh/generalized lognormal distribution probability density function …

The Social Welfare Of Advertising To Children, Dennis D. Crouch

Faculty Publications

The aim of this Comment is to approach the issue of advertising to children through an examination of economic incentives and efficiency. The Comment ultimately makes the claim that televised advertisement of products, such as junk food, directed toward children may be inefficient and tend to decrease social welfare. Although they may be compelling, this paper does not rely on the secondary negative externalities often associated with television, such as the cost of treating diabetes and heart disease. Rather, the inefficiency discussed in the Comment involves the informational qualities of advertising. Advertising directed towards young children can be thought of …

A Decade Of Considerable Significance - Late-Ming Factionalism In The Making, 1583-1593, Jie Zhao

Faculty Publications

No abstract provided.

Note, A Rule Unfit For All Seasons: Monitoring Of Attorney-Client Communication Violates Privilege And The Sixth Amendment, Avidan Y. Cover

Faculty Publications

No abstract provided.

Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000.