Digital Commons Network^™

Recentism In Environmental History On Latin America, Andrew Sluyter

Faculty Publications

No abstract provided.

Correcting The Empirical Foundations Of Ipo-Pricing Regulation, Royce De R. Barondes

Faculty Publications

Recent events are replete with stories of fraudulent or opportunistic behavior in the initial public offering (IPO) process - behavior that extended to the highest-reputation investment banks. Curiously, notwithstanding this evidence, recent financial economics literature asserts investment bank conflicts of interest certify IPO issuers. This Article develops new empirical evidence that casts doubt on this certification hypothesis by examining the pre-IPO price adjustment of IPOs involving qualified independent underwriters (QIUs), particularly IPOs in which more than ten percent of the net proceeds are being directed to participating investment banks (e.g., to repay a prior extension of credit). These offerings have …

Examining Compliance With Fiduciary Duties: A Study Of Real Estate Agents (With V. Carlos Slawson Jr.), Royce De R. Barondes, Carlos V. Slawson Jr.

Faculty Publications

The traditional default rule in the United States has been that, where two brokerage firms participate in the sale of a piece residential real estate, both firms are fiduciaries of the seller. This article provides original empirical evidence showing to be erroneous a common assumption - that, in conflicts between their principals and third parties, real estate agents promote their principals' interests - underlying revisions made in a number of jurisdictions to those principles in the last twenty years. This article examines whether agents act in accordance with their duties along two dimensions: First, we hypothesize that selling agents may …

Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes

Faculty Publications

The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …

Mobile Home Mania? Protecting Procedurally Fair Arbitration In A Consumer Microcosm, Amy J. Schmitz

Faculty Publications

Consumers' lack of warranty remedies prompted Congress to enact the 2000 Manufactured Housing Improvement Act (MHIA). Under the Act, the Office of Housing and Urban Development (HUD) must develop a program for resolving MH warranty disputes by the end of 2005. This article provides input regarding that program. It also calls for broader protection of procedural fairness in arbitration of disputes regarding warranties for mobile or manufactured homes (referred to in the article as MHs for ease of reference). Although HUD's program aims to create a process for resolving warranty disputes among manufacturers, dealers and installers, this article proposes that …

State Sentencing Policy And New Prison Admissions, Ben L. Trachtenberg

Faculty Publications

As the academy's focus has turned to sentencing in the wake of Blakely v. Washington and United States v. Booker, most commentators have continued their benign neglect of actual sentencing practices as they occur in state courts, not to mention whether and how such policies are effective in achieving the goals of criminal justice.This note examines trends in state sentencing policies and prison populations from the perspective of a would-be state reformer hoping to decrease her state's prison budget. Economic pressures, efficiency arguments, and social justice claims have combined to cause some states to desire lower prison populations, but few …

Angiotensin-Converting Enzyme Gene Polymorphisms And Obesity: An Examination Of Three Black Populations, Holly Kramer, Xiaodong Wu, Donghui Kan, Amy Luke, Xiaofeng Zhu, Adebowale Adeyemo, Colin Mckenzie, Richard Cooper

Faculty Publications

We examined the association between obesity and 13 angiotensin-converting enzyme (ACE) gene polymorphisms, including the presence (I) or absence (D) of an Alu element in intron 16 (I/D polymorphism), and performed haplotype analysis using data collected from participants of a community survey of hypertension among blacks living in Ibadan, Nigeria; Spanish Town, Jamaica; and Chicago, IL. Transmission distortion of ACE gene polymorphisms and haplotypes from heterozygous parents to affected offspring was examined in each study population. To estimate haplotypes, polymorphisms were divided into three groups based on their position on the ACE gene. No ACE gene polymorphism was consistently overtransmitted …

Genome-Wide Linkage Analysis For Loci Affecting Pulse Pressure: The Family Blood Pressure Program, Suzette J. Bielinski, Amy I. Lynch, Michael B. Miller, Alan Weder, Richard Cooper, Albert Oberman, Yii Der Ida Chen, Stephen T. Turner, Myriam Fornage, Michael Province, Donna K. Arnett

Faculty Publications

Pulse pressure, the difference between systolic and diastolic blood pressure, is an independent risk factor for cardiovascular disease. Increased pulse pressure reflects reduced compliance of arteries and is a marker of atherosclerosis. To locate genes that affect pulse pressure, a genome-wide linkage scan for quantitative trait loci influencing pulse pressure was performed using variance components methods as implemented in sequential oligogenic linkage analysis routines. The analysis sample included 10 798 participants in 3320 families who were recruited as part of the Family Blood Pressure Program and were phenotyped with an oscillometric blood pressure measurement device using a consistent protocol across …

Snp Haplotypes In The Angiotensin I-Converting Enzyme (Ace) Gene: Analysis Of Nigerian Family Data Using Gamete Competition Models, Colin A. Mckenzie, J. S. Sinsheimer, A. A. Adeyemo, R. D. Cox, L. Southam, A. Hugill, N. Bouzekri, M. Lathrop, T. E. Forrester, R. S. Cooper, R. Ward

Faculty Publications

Gamete competition models were used to explore the relationships between 13 ACE gene polymorphisms and plasma ACE concentration in a set of Nigerian families. Several markers in the 5′ and 3′ regions of the gene were significantly associated with ACE concentration (P < 10-4). Multi-locus genotypes comprising different combinations of markers from the 5′ UTR and the 3′ region of the gene were also analysed; in addition to G2350A, in the 3′ region, two markers from the 5′ UTR (A-5466C and A-240T) were found to be associated with ACE concentration. These results are consistent with reports that have suggested the presence of at least two ACE-linked QTLs, and demonstrate the utility of gamete competition models in the exploratory investigation of the relationship between a quantitative trait and multiple variants in a small genomic region. © University College London 2005.

Association Between Chronic Kidney Disease And Coronary Artery Calcification: The Dallas Heart Study, Holly Kramer, Robert Toto, Ronald Peshock, Richard Cooper, Ronald Victor

Faculty Publications

The hypothesis that chronic kidney disease (CKD) is associated with increased coronary artery calcification (CAC) was tested using data from the Dallas Heart Study, a representative sample of Dallas County residents aged 30 to 65 yr. CKD was defined as presence of microalbuminuria and GFR ≥ 60 ml/min per 1.73 m2 (stage 1 to 2), or GFR < 60 ml/min per 1.73 m 2 (stage 3 to 5), excluding end-stage kidney disease. Logistic regression was used to examine the association between stages of CKD and CAC scores > 10, > 100, and > 400 versus scores ≤ 10 compared with no CKD while adjusting for covariates. Analyses were repeated after stratifying by presence of diabetes. The mean age was 43.9 yr, and hypertension and diabetes were noted in 31.0 and 9.8%, respectively. No …

Ethnicity And Human Genetic Linkage Maps, Eric Jorgenson, Hua Tang, Maya Gadde, Mike Province, Mark Leppert, Sharon Kardia, Nicholas Schork, Richard Cooper, D. C. Rao, Eric Boerwinkle, Neil Risch

Faculty Publications

Human genetic linkage maps are based on rates of recombination across the genome. These rates in humans vary by the sex of the parent from whom alleles are inherited, by chromosomal position, and by genomic features, such as GC content and repeat density. We have examined-for the first time, to our knowledge-racial/ethnic differences in genetic maps of humans. We constructed genetic maps based on 353 microsatellite markers in four racial/ethnic groups: whites, African Americans, Mexican Americans, and East Asians (Chinese and Japanese). These maps were generated using 9,291 subjects from 2,900 nuclear families who participated in the National Heart, Lung, …

Polygamy And The Public Library: The Establishment Of Public Libraries In Utah Before 1910., Suzanne Marie Stauffer

Faculty Publications

No abstract provided.

Alu Insertion Loci And Platyrrhine Primate Phylogeny, David A. Ray, Jinchuan Xing, Dale J. Hedges, Michael A. Hall, Meredith E. Laborde, Bridget A. Anders, Brittany R. White, Nadica Stoilova, Justin D. Fowlkes, Kate E. Landry, Leona G. Chemnick, Oliver A. Ryder, Mark A. Batzer

Faculty Publications

Short INterspersed Elements (SINEs) make very useful phylogenetic markers because the integration of a particular element at a location in the genome is irreversible and of known polarity. These attributes make analysis of SINEs as phylogenetic characters an essentially homoplasy-free affair. Alu elements are primate-specific SINEs that make up a large portion of the human genome and are also widespread in other primates. Using a combination wet-bench and computational approach we recovered 190 Alu insertions, 183 of which are specific to the genomes of nine New World primates. We used these loci to investigate branching order and have produced a …

Modeling The Amplification Dynamics Of Human Alu Retrotransposons, Dale J. Hedges, Richard Cordaux, Jinchuan Xing, David J. Witherspoon, Alan R. Rogers, Lynn B. Jorde, Mark A. Batzer

Faculty Publications

Retrotransposons have had a considerable impact on the overall architecture of the human genome. Currently, there are three lineages of retrotransposons (Alu, L1, and SVA) that are believed to be actively replicating in humans. While estimates of their copy number, sequence diversity, and levels of insertion polymorphism can readily be obtained from existing genomic sequence data and population sampling, a detailed understanding of the temporal pattern of retrotransposon amplification remains elusive. Here we pose the question of whether, using genomic sequence and population frequency data from extant taxa, one can adequately reconstruct historical amplification patterns. To this end, we developed …

Social Engineering Of The Internet In Developing Areas, Wesley Shrum

Faculty Publications

Communication among researchers is fundamental to the development of knowledge in both developed and developing areas. Internet connectivity is now a precondition for participation in research communication. Establishing reliable and efficient connectivity at reasonable bandwidth is a task that is assumed to be relatively easy and straightforward in developed countries, but is surprisingly difficult in developing areas. Our project has sought to establish connectivity for university departments and government research institutes in India, Ghana, and Kenya but has yet to experience an unqualified 'success' for a variety of institutional and relational reasons. The concept of 'reagency' is used in preference …

Institutional Access, Residential Segregation, And Urban Black Homicide, Matthew R. Lee, Graham C. Ousey

Faculty Publications

Sociologists have frequently cited the importance of the local institutional base for bolstering social organization and control, and ultimately reducing crime rates. Local noneconomic institutions may be particularly relevant to controlling urban Black crime rates, because in the face of limited access to the legitimate labor force, access to institutions such as churches and civic organizations helps to extend social networks, increase civic engagement, transmit mainstream norms, and provide a forum from which to address community problems. This analysis examines the links between measures of access to such noneconomic institutions and Black homicide rates for a sample of large urban …

Storage Stability Of Lutein During Ripening Of Cheddar Cheese, S. T. Jones, K. J. Aryana, J. N. Losso

Faculty Publications

Lutein (3,3′-dihydroxy-α-carotene) has been identified as a dietary factor that can delay the onset of age-related macular degeneration (AMD). However, available food sources of lutein contain only modest amounts of the carotenoid. Food fortification with lutein extract has been identified as a low-budget approach to prevent the onset or progression of AMD. The objectives of this study were to 1) incorporate various amounts of lutein into Cheddar cheese; 2) examine the color, pH, microbiological, and sensory characteristics of the Cheddar cheese during storage; and 3) analyze the stability of lutein during the cheese maturation process. Lutein extracted from corn was …

The Federal Arbitration Act: Federal Preemption Of State Law Regulating Arbitration, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Merit V. Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Judicial Selection By The Numbers, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Ripple Or Revolution? The Indeterminacy Of Statutory Bankruptcy Reform, Melissa B. Jacoby

Faculty Publications

No abstract provided.

A Tribute To Professor Herman M. Levy, Margaret M. Russell

Faculty Publications

On April 5, 2004, the Santa Clara University School of Law lost a beloved and exceptional professor, mentor, colleague, and friend. Professor Herman M. Levy passed away in Oroville, California, the day before his seventy-fifth birthday. Herman had taken a quick trip to Oroville to conduct a labor arbitration; he had served for many years as an arbitrator throughout California and other western states. Every year, I invited him to visit my first-year civil procedure class to talk about arbitration as a form of dispute resolution; he always delighted the class with his combination of wry humor and practical wisdom. …

Navigating Dangerous Constitutional Straits: A Prolegomenon On The Federal Marriage Amendment And The Disenfrachisement Of Sexual Minorities, E. Gary Spitko, Ronald J. Krotoszynski Jr.

Faculty Publications

Navigating Dangerous Constitutional Straits: A Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities considers the nature of the constitutional amendment process and the Supreme Court's historical approach to incorporating new amendments into the existing constitutional text. Professors Krotoszynski and Spitko argue that, given the Supreme Court's consistent narrow reading of new amendments to preserve pre-existing constitutional rights, the Federal Marriage Amendment must be broadly written to override expressly due process and equal protection guarantees against not only sexual orientation discrimination, but also gender discrimination. In our view, however, if a proposed Federal Marriage Amendment were sufficiently …

The Persistence Of White Privilege, Stephanie M. Wildman

Faculty Publications

Most discussions of white privilege emphasize the individual benefit to the holder of privilege. Yet dynamics beyond the individual combine to reinforce and reinvent white privilege. Socio-cultural factors operate in conjunction with material forces, enabling whites to self-perpetuate as a dominant racialized identity. Material forces such as the distribution of societal goods and resources, the division of labor, and immigration policies, create a world that privileges whiteness. Socio-cultural factors, including discursive practices, patterns of behavior, and the thinking patterns that language creates, further strengthen white privilege, contributing to its endurance.

This article focuses on four socio-cultural factors that reinforce white …

When The Truth Is Not Enough: Tissue Donation, Altruism, And The Market, Michelle Oberman

Faculty Publications

No abstract provided.

Anonymous Sources, Libel Law And The First Amendment, Patrick Garry

Faculty Publications

No abstract provided.

Interim Measures In International Human Rights: Evolution And Harmonization, Jo Pasqualucci

Faculty Publications

No abstract provided.

Crisis, Farming And Community, Christine Hagar, C Haythornthwaite

Faculty Publications

In 2001, the UK was hit by Foot and Mouth Disease (FMD) precipitating one of the biggest crises ever to affect the UK farming system. The crisis unfolded as a series of information and communication problems, from government to farmers and from farmers to farmers, with consequences for action in a time of crisis, social support, and the maintenance of community. What happens to a farming community during such a crisis? When the countryside shuts down, and no one can enter or leave the farm, how can information be disseminated? As methods of dealing with the disease change rapidly, as …

‘We’Re Just Like The Irish’: Narratives Of Assimilation, Belonging, And Citizenship Among Arab American Activists, Caroline R. Nagel, Lynn A. Staeheli

Faculty Publications

This paper examines narratives of assimilation and belonging as activists attempt to position Arab-Americans as citizens and full members of the American polity. In interviews with activists, the experience of the Irish as immigrants and citizens was often invoked as the paradigmatic example of how immigrants are incorporated as citizens—an example that activists promoted as one that Arabs would follow. By invoking the Irish experience, activists hope to remind Americans that immigration history is not one of effortless assimilation, but is rather characterized by systematic exclusion and marginalization. In so doing, they articulate narratives of assimilation and belonging that draw …

Real And Illusory Value Creation By Insurance Companies, David F. Babbel, Craig B. Merrill

Faculty Publications

One of the fundamental tenets of financial economics is that insurance companies, just as other financial and non-financial firms, have a very strong incentive to maximize current shareholder value.1 This seemingly simple observation leads to a wide variety of managerial behavior.2 In this article we will review a simple decomposition of the value of an insurance company. The decomposition illuminates the motivation for a variety of strategies that can be observed in practice. These strategies run the gamut from accounting manipulation through risk transfer schemes to positive net present value (NPV) “project” selection. We will review these in some detail …