Digital Commons Network^™

The Financial Crisis Inquiry Commission And The Politics Of Governmental Investigations, Michael A. Perino

Faculty Publications

In May 2009, Congress passed the Fraud Enforcement and Recovery Act which created the Financial Crisis Inquiry Commission, an independent, bipartisan panel tasked to examine the causes of the current financial and economic crisis in the United States.

Franklin Roosevelt never created an independent commission to investigate Wall Street, but the Pecora hearings, the eponymous investigation of Wall Street wrongdoing run by a former New York prosecutor, captivated the country. For sixteen months in the worst depths of the Great Depression, Ferdinand Pecora paraded a series of elite financiers before the Senate Banking and Currency Committee. In one hearing after …

Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff

Faculty Publications

Much academic commentary these days concludes that trademark enforcement has become overly aggressive. Commentators argue that the increasingly expansive claims of rights by well-funded trademark owners are unreasonable, and thus that lawsuits asserting those rights amount to trademark bullying. But I think many, if not most, trademark practitioners would take the contrary view that enforcement can only barely keep up with the constantly evolving and worsening threats to their clients' brands, particularly internationally and online. The purpose of this Essay is to try and bridge these two positions by critiquing each one from the perspective of the other. The first …

Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg

Faculty Publications

The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons with Disabilities ("CRPD") highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively …

La Palabra Y El Mundo: Entrevista Con B. Kumaravadivelu = The Word And The World: Interview With B. Kumaravadivelu, B Kumaravadivelu

Faculty Publications

B. KUMARAVADIVELU es catedrático en el Departamento de Lingüística y de Desarrollo del Lenguaje de la San José State University, en California, Estados Unidos. Es autor de numerosos artículos y de algunas obras significativas en el campo de la metodología de lenguas: Beyond Methods: Macrostrategies for Language Teaching (2003), Understanding Language Teaching: From Method to Postmethod (2006), Cultural Globalization and Language Education (2008) y la más reciente Language Teacher Education for a Global Society (2012). El cuestionario que conforma esta entrevista ha sido elaborado por José Manuel Foncubierta y ha contado con la participación y/o asesoramiento de Ernesto Martín …

The Internet And The Evolution Of Library Research: The Perspective Of One Longitudinal Study, Paul T. Jaeger, Kim M. Thompson, Jonathan Lazar

Faculty Publications

The article discusses the impact of the Internet on library research, public libraries, and public library research. It examines the methods of the Public Library Funding and Technology Access Study. The authors assert that the Internet has allowed libraries to add capacity to library research. The article briefly discusses the technological environment prior to the Internet and studies sponsored by the U.S. National Commission on Libraries and Information Science (NCLIS) and the American Library Association (ALA).

Examination Of Factors Impacting Student Satisfaction With A New Learning Management System, Lucy Santos Green, Fethi A. Inan, Bree Denton

Faculty Publications

The purpose of this study was to determine factors that influenced student satisfaction with a new learning management system and to identify which of these factors were most important. The data was collected using an an online survey tool that was administered to students enrolled in courses designed and taught by faculty who participated in a pilot group testing a new learning management system (LMS). The findings support previous research in this area, indicating that usability of the LMS and availability of technical assistance is strongly correlated with student satisfaction. Study findings will be used to improve LMS training and …

Falsely Shouting Fire In A Global Theater: Emerging Complexities Of Transborder Expression, Timothy Zick

Faculty Publications

We have entered an era in which potentially harmful expression can be distributed around the world in an instant. In the emerging global theater, speakers and audiences are connected through new and proliferating media; communicative space and time are compressed to an extraordinary degree; domestic expression can implicate national security and foreign affairs concerns; and a new model of global information dissemination is developing in which speakers are sometimes located beyond the jurisdiction of nations that may be harmed by their communications and disclosures.

This Article examines the First Amendment complexities associated with the dissemination of potentially harmful information in …

Linard Conference, Jo Farb Hernandez

Faculty Publications

No abstract provided.

Africa And The International Criminal Court: Collision Course Or Cooperation?, Charles Chernor Jalloh

Faculty Publications

The relationship between Africa and the International Criminal Court (ICC) was cordial for many years. However, since the decisions of the United Nations Security Council to invoke its special powers to impose the Court on Sudan and Libya, African States acting through their regional body - the African Union - have adopted numerous resolutions claiming that the ICC maybe impeding, rather than assisting, their efforts to restore peace in several ongoing conflicts and transitional situations on the continent. In this invited lecture, given as the first RJR Distinguished Visiting Professor Lecture at North Carolina Central University School of Law in …

Acquiring Os X File Handles Through Forensic Memory Analysis, Andrew F. Hay, Gilbert L. Peterson

Faculty Publications

Memory analysis has become a critical capability in digital forensics because it provides insight into system state that cannot be fully represented through traditional media analysis. The volafox open source project has begun the work of structured memory analysis for OS X with support for a limited set of kernel structures. This paper addresses one memory analysis deficiency on OS X with the introduction of a new volafox module for parsing file handles associated with running processes. The developed module outputs information comparable to the UNIX lsof (list open files) command, which is used to validate the results.

Two Sides To The Same Coin: Relational And Physical Aggression In The Media, Sarah M. Coyne, Laura Stockdale, David A. Nelson

Faculty Publications

Purpose - This review aims to examine how aggression is portrayed in the media and how it can influence behavior and attitudes regarding aggression.

Design/methodology/approach - The authors reviewed the relevant literature and examined both physical and relational forms of aggression in multiple media forms (television, film, video games, music, books).

Findings - Across media types, evidence is found that both physical and relational aggression are portrayed frequently and in ways that may contribute to subsequent aggression. Furthermore, though there are studies finding no effect of exposure to media aggression, evidence is found that watching physical and relational aggression in …

Kant And A Problem Of Motivation, David Jensen

Faculty Publications

In The Moral Problem, Michael Smith argues that there is an on-going tension in discussions among moral philosophers between the putative objectivity of morality, the practicality of moral judgments, and Hume’s view of motivation.¹ From an agent’s point of view, putatively objective claims imply cognitivism, the view that moral judgments express beliefs about the way the world is morally.² But if moral judgments are practical and on Hume’s view of motivation dependent on the desires of an agent, then from a moral standpoint, we risk making claims that the agent cannot be motivated to act upon.³ In …

Review Of "Job Smarts: How To Find Work Or Start A Business, Manage Earnings, And More", Leticia Camacho

Faculty Publications

This review covers two titles from the Today Teen Wise Guides series, Job Smarts and Budgeting Smarts. Other titles available in the series are Conflict Resolution Smarts, Relationship Smarts, Scheduling Smarts, and Shopping Smarts. Each book is organized in the same way, with an introduction, five chapters, and an epilogue. Each book also includes a glossary, a selected bibliography, a short index, and a “further information” section that lists some useful associations and publications for readers who would like to learn more. Each chapter begins with the story of a teen facing a dilemma that the reader might be facing. …

Teaching Conversations, Contemporary Art, And Figure Drawing, Mark Graham

Faculty Publications

An important problem for high school art teachers is deciding what belongs in the art curriculum. What works of art, media, or ideas will inspire their students to more fully develop their own artistic potential and critically engage with contemporary art and culture? What artifacts of art, visual culture, or material culture should be included and how can these artifacts be connected to student interests? This article will visit these questions and contextualize figure drawing within contemporary art practice and emerging discussions about art education curricula. Although new media and technologies have important and unexpected places within the art curriculum, …

Measuring Life Skills: Standardizing The Assessment Of Youth Development Indicators, Mat D. Duerden, Peter A. Witt, Mariela Fernandez, Marie Jolliff Bryant, Daniel Theriault

Faculty Publications

While the development of life skills (e.g., communication, problem solving, etc.) is a commonly targeted youth program outcome, the lack of standardized conceptualizations and instrumentation make it difficult to compare impacts across programs and develop validated best practices. In order to promote a more unified approach to life skill development, literature reviews were conducted for 10 life skill domains to identify common definitions and, if available, appropriate outcome measures. Data were then collected from an ethnically diverse sample (N = 758) of elementary, middle, and high school aged youth for the 10 identified instruments. Analyses were conducted to ascertain the …

The Family And The Market -- Redux, Maxine Eichner

Faculty Publications

No abstract provided.

Constitutional Branding, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller

Faculty Publications

No abstract provided.

The Power Of Music: Application Of The First Amendment To Copyright Regulation Of Internet Radio, Amanda Reid

Faculty Publications

No abstract provided.

The Elusive "Marketplace" In Post-Bilski Jurisprudence, Andrew Chin

Faculty Publications

The Supreme Court’s 2010 decision in Bilski v. Kappos appears to have provided inadequate guidance to the courts and the Patent Office regarding the scope of the abstract-ideas exclusion from patentable subject matter. Federal Circuit Chief Judge Randall R. Rader, however, appears to have found in that decision a clear vindication of his own view that the machine-or-transformation test is incorrectly grounded in “the age of iron and steel at a time of subatomic particles and terabytes,” and thus fails, for example, to accommodate advances in “software [that] transform[] our lives without physical anchors.” Chief Judge Rader has subsequently authored …

Kickbacks, Honest Services, And Health Care Fraud After Skilling, Joan H. Krause

Faculty Publications

No abstract provided.

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

Faculty Publications

No abstract provided.

Desperate Not To "Forget The Gods": Mormon Fantasy And The Epic Poem, Gerrit Van Dyk

Faculty Publications

Because of humanity's fixation on death, religion and the afterlife have played a part in human culture throughout history. As a result, belief, religion, and theology have been central to the main action of stories since the earliest forms of literature. One of the greatest ancient literary genres, the epic, is no exception.

Epics have many universal characteristics, such as elevated language in poetic form, vast settings, and strong protagonists who demonstrate feats of great strength and genius. They also commonly contain "supernatural forces-gods, angels, and demons-[who] interest themselves in the action" (Harmon and Holman 185). After the Renaissance, the …

Business Stages For Entrepreneurs, Leticia Camacho

Faculty Publications

This site is part of the James J. Hill Library, a private nonprofit business reference library founded in 1921. Containing hundreds of links to carefully preselected resources, Business Stages for Entrepreneurs functions as a portal to resources that can help entrepreneurs start, run, and grow their businesses. The home page is organized in tabs by the five stages of a business: exploring, beginning, growing, managing, and maturing.

Books And Websites, E-Journals Or Print: If The Source Fits, Use It, Todd J. Wiebe

Faculty Publications

Despite the ever-growing range of media types, formats, and information-access options, students are often instructed to only use specific sources in their research. They are sometimes even given strict guidelines, prescribing how many of each they need to, or may, cite. It is important not to lead students to believe there is a formula for the ideal works cited for all research topics. In contrast, students should learn to think critically about the content and appropriateness of each potential source rather than choosing it only because it is a book, a journal article, a Website, etc. This article argues that …

New Science, Synthesis, Scholarship, And Strategic Vision For Society, David R. Foster, Emery Boose, Elizabeth A. Colburn, Elizabeth E. Crone, Aaron M. Ellison, Clarisse Hart, Kathy Fallon Lambert, David A. Orwig, Julie Pallant, Pamela M. Snow, Kristina A. Stinson, Dianna L. Doucette, Paul R. Moorcroft, Andrew D. Richardson, J. William Munger, Adrien C. Finzi, Lucy Hutyra, Anne Short, Brian Donahue, Christopher A. Williams, William V. Sobczak, W. Wyatt Oswald, Edward K. Faison, Jerry M. Melillo, Jonathan R. Thompson, Jeffrey L. Blanchard, Elizabeth S. Chilton, Kristen M. Deangelis, Stephen Destefano, David B. Kittredge, Serita D. Frey, Scott V. Ollinger, Eric A. Davidson

Faculty Publications

Harvard Forest LTER (HFR) is a two decade-strong, integrated research and educational program investigating responses of forest dynamics to natural and human disturbances and environmental changes over broad spatial and temporal scales. HFR engages >30 researchers, >200 graduate and undergraduate students, and dozens of institutions in research into fundamental and applied ecological questions of national and international relevance. Through LTER I–IV, HFR has added historical perspectives, expanded its scope to the New England region, integrated social, biological, and physical sciences, and developed education and outreach programs for K-12, undergraduate, and graduate students, along with managers, decision-makers, and media professionals.

Assessment Of The Jury System For The Ninth Judicial Circuit Court, Michigan, Paula Hannaford-Agor, Daniel J. Hall

Faculty Publications

Under a contract between the Ninth Judicial Circuit Court of Michigan and the National Center for State Courts (NCSC), the NCSC Center for Jury Studies conducted an assessment of jury operations in the circuit and district courts, particularly focused on the extent to which jury pools in those respective courts reflect a fair cross section of the community, to identify factors that may affect the demographic composition of the jury pool, and to make recommendations to improve representation as necessary. The Ninth Judicial Circuit Court employs a one-step process to summon and qualify jurors for the countywide circuit court in …

The Alaska Permanent Fund Dividend And Membership In The State's Political Community, Christopher L. Griffin Jr.

Faculty Publications

Despite decades of unmitigated administrative success, the Alaska Permanent Fund Dividend (PFD) is not immune from political and legal controversy. The symbolic and financial importance that Alaskans ascribe to their annual dividend checks has generated disputes between ordinary residents and executive agencies over eligibility. Litigation concerning three dominant status requirements - minimum residency, U.S. citizenship, and felony incarceration - reveal not only the extent to which Alaskans will pursue what they believe to be valid claims on their share of natural resource wealth, but also the limits of full political membership in the state. This Comment frames a sample of …

Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz

Faculty Publications

Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability of bail, prosecutorial discovery obligations, and jury trial guarantees, Texas affords protections vastly in excess of what is required by the United States Constitution. Even more shocking, these criminal procedure guarantees come almost entirely from Texas statutes approved by the legislature, not activist rules imposed by judges. This Article explores Texas's reputation as a tough-on-crime state and the seeming inconsistency between Texas being tough on …

Synthesis And Characterization Of Amphiphilic Cyclic Diblock Copolypeptoids From N-Heterocyclic Carbene-Mediated Zwitterionic Polymerization Of N-Substituted N-Carboxyanhydride, Chang Uk Lee, Thomas P. Smart, Li Guo, Thomas H. Epps, Donghui Zhang

Faculty Publications

N-Heterocyclic carbene (NHC)-mediated ring-opening polymerization of N-decyl-N-carboxylanhydride monomer (De-NCA) has been shown to occur in a controlled manner, yielding cyclic poly(N-decylglycine)s (c-PNDGs) with polymer molecular weights (MW) between 4.8 and 31 kg mol -1 and narrow molecular weight distributions (PDI < 1.15). The reaction exhibits pseudo-first-order kinetics with respect to monomer concentration. The polymer MW increases linearly with conversion, consistent with a living polymerization. ESI MS and SEC analyses confirm the cyclic architectures of the forming polymers. DSC and WAXS studies reveal that the c-PNDG homopolymers are highly crystalline with two prominent first-order transitions at 72-79 °C (T m,1) and 166-177 °C (T m,2), which have been attributed to side chain and main chain melting, respectively. A series of amphiphilic cyclic diblock copolypeptoids [i.e., poly(N-methylglycine)-b-poly(N- decylglycine) (c-PNMG-b-PNDG)] with variable molecular weight and composition were synthesized by sequential NHC-mediated polymerization of the corresponding N-methyl-N-carboxyanhydride (Me-NCA) and De-NCA monomers. 1H NMR analysis reveals that adjusting the initial monomer to NHC molar ratio can readily control the block copolymer chain length and composition. Time-lapsed light scattering and cryogenic transmission electron microscopy (cryo-TEM) analyses of c-PNDG-b-PNMG samples showed that the amphiphilic cyclic block copolypeptoids self-assemble into spherical micelles that reorganize into micrometer-long cylindrical micelles with uniform diameter in room temperature methanol over the course of several days. An identical morphological transition has also been noted for the linear analogues, which occurs more rapidly than for the cyclic copolypeptoids. We tentatively attribute this difference to the different crystallization kinetics of the solvophobic block (i.e., PNDG) in the cyclic and linear block copolypeptoids. © 2011 American Chemical Society.