Digital Commons Network^™

The Regulation Of Reputational Information, Eric Goldman

Faculty Publications

This essay considers the role of reputational information in our marketplace. It explains how well-functioning marketplaces depend on the vibrant flow of accurate reputational information, and how misdirected regulation of reputational information could harm marketplace mechanisms. It then explores some challenges created by the existing regulation of reputational information and identifies some regulatory options for the future.

Limits On Duration Of Copyright: Theories And Practice, Tyler T. Ochoa

Faculty Publications

Chapter in "Time: Limits and Constraints" edited by Parker, Harris, and Steineck.

Taxation Of Domestic Partner Benefits: The Hidden Costs, Patricia A. Cain

Faculty Publications

Many employers provide domestic partner benefits to their employees, especially in the form of health care plans. Domestic partners are not considered spouses under the Internal Revenue Code. Nor, of course, are same-sex spouses so long as DOMA is in effect. Many employers assume that this means all domestic partner (or same-sex spouse) benefits are taxable under the federal tax law. But this is not true. A partner (or same-sex spouse) can qualify as a dependent and benefits paid to dependents are also tax-exempt. A person can qualify as a dependent for purposes of excluding the value of health care …

Assessing The Constitutional Autonomy Of Such Non-State Institutions As The Press And Academia, Patrick Garry

Faculty Publications

No abstract provided.

At The Crossroads: A New And Unfortunate Paradigm Of Tribal Sovereignty (Part I Of South Dakota Law Review Trilogy), Frank Pommersheim

Faculty Publications

No abstract provided.

Student And Faculty Perceptions Of The Quality Of Online Learning Experiences, Michael E. Ward, Gary Peters, Kyna Shelley

Faculty Publications

Some faculty members are reluctant to offer online courses because of significant concerns relative to the impact of such formats on the quality of instruction, learning, and participant interaction. Faculty members from The University of Southern Mississippi implemented synchronous interactive online instruction (SIOI) in the spring of 2007. This article explores the rationale for use of the particular technology, faculty conclusions regarding implementation of the technology, and the impact of the technology on instruction and learning. Comparisons by students of the quality of the learning experience in this environment with the quality of learning in face-to-face and asynchronous online learning …

Nonpoint Source Pollution, Shaowei Sun, Zhiqiang Deng, Daniel Dianchen Gang

Faculty Publications

This article presents a comprehensive review of research advances in 2009 on nonpoint source water pollution caused by urban stormwater, highway stormwater, agricultural runoff, and atmospheric deposition. Modeling progresses in total maximum daily load calculations for nonpoint source pollution are also reviewed. Various low impact development technologies and best management practices for mitigating nonpoint source pollution and their socioeconomic impacts are assessed. Copyright © 2010 Water Environment Federation.

On The Thermodynamics Of Friction And Wear-A Review, M. Amiri, Michael M. Khonsari

Faculty Publications

An extensive survey of the papers pertaining to the thermodynamic approach to tribosystems, particularly using the concept of entropy as a natural time base, is presented with a summary of the important contributions of leading researchers. © 2010 by the authors; licensee MDPI, Basel, Switzerland.

Re-Evaluating Media Regulation In A Media Environment Of Nearly Unlimited Entertainment Programming And Ample Alternative Channels Of Communication, Patrick Garry

Faculty Publications

No abstract provided.

Pooled Trusts: An Introduction And Personal History, Thomas Simmons

Faculty Publications

A "pooled trust" -- or a (d)(4)(c) trust -- is unique in several ways: (a) A pooled trust is not restricted to individuals under age 65 (although this is under challenge in certain states); (b) A pooled trust can be established by the individual himself/herself; and (c) The at-death "payback" requirement to satisfy the Medicaid lien at a beneficiary's death is stated differently than the payback requirement of a (d)(4)(A) (or "payback") trust. Trusts in other states other my own state of South Dakota have been established to qualify for the special pooled trust benefits. In 2003, I personally undertook …

Suing The Prosecutor, Jonathan Van Patten

Faculty Publications

No abstract provided.

Mechanistic Modeling Of Pipeline Leak Detection At Fixed Inlet Rate, Seung Ihl Kam

Faculty Publications

A leak from subsea pipelines has been a serious problem in deepwater operations because of its potential threat to surrounding marine environments, significant monetary loss from the delay of hydrocarbon production, and difficulty in detection and remedial processes. For the first time, this study shows how a leak in long horizontal subsea pipelines can be modeled mechanistically using pressure traverse calculations, and presents the results in a form of contour plots, with "a change in inlet pressure (ΔPin)" or "a change in outlet flowrate (Δqtout)" induced by a leak in z axis as a function of leak opening size and …

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha Weissman

Faculty Publications

No abstract provided.

Reputation In A Networked World: Revisiting The Social Foundations Of Defamation Law, David S. Ardia

Faculty Publications

No abstract provided.

Scientific Evidence In Criminal Prosecutions - A Retrospective, Paul C. Giannelli

Faculty Publications

No abstract provided.

Public Opinion And State Supreme Courts, Neal Devins, Nicole Mansker

Faculty Publications

No abstract provided.

International Decision, African Court On Human And Peoples’ Rights, Michelot Yogogombaye V. Republic Of Senegal, Charles Chernor Jalloh

Faculty Publications

State Parties have automatic access to the African Court on Human and Peoples’ Rights, based in Arusha, Tanzania. In stark contrast, individuals and NGOs (i.e. those most likely to bring cases alleging human rights violations), can only initiate proceedings if the respondent State has entered a special declaration accepting the Court’s competence to receive such cases. Predictably, in a continent rife with human rights violations, only a few African States have accepted the Court’s jurisdiction to hear such (individual or NGO) petitions since its formal creation in June 1998. After years without hearing any cases, the Court finally received a …

Volatile Profiling Reveals Intracellular Metabolic Changes In Aspergillus Parasticus: Vea Regulates Branched Chain Amino Acid And Ethanol Metabolism, Ludmila V. Roze, Anindya Chanda, Maris Laivenieks, Randolph M. Beaudry, Katherine A. Artymovich, Anna V. Koptina, Deena W. Awad, Dina Valeeva, Arthur D. Jones, John E. Linz

Faculty Publications

Background: Filamentous fungi in the genus Aspergillus produce a variety of natural products, including aflatoxin, the most potent naturally occurring carcinogen known. Aflatoxin biosynthesis, one of the most highly characterized secondary metabolic pathways, offers a model system to study secondary metabolism in eukaryotes. To control or customize biosynthesis of natural products we must understand how secondary metabolism integrates into the overall cellular metabolic network. By applying a metabolomics approach we analyzed volatile compounds synthesized by Aspergillus parasiticus in an attempt to define the association of secondary metabolism with other metabolic and cellular processes.

Results: Volatile compounds were examined using solid …

The Vanity Of Dogmatizing, Marc O. Degirolami

Faculty Publications

(Excerpt)

The year 1661 saw the publication of Joseph Glanvill’s The Vanity of Dogmatizing, a polemic advocating an intellectual break from Aristotle and the Schoolmen in favor of the sort of empiricism that eventually came to fruition in the philosophy of David Hume. Glanvill was deeply irritated by what he perceived as the encrusted academic orthodoxies of his age: “The Disease of our Intellectuals,” he railed, “is too great, not to be its own [evidence]: And they that feel it not, are not less sick, but stupidly so.” What was needed was a skeptical cast of …

Two For The Price Of One Is A Costly Choice: The Ethical Issues For Lawyer-Mediators Who Consider Drafting Agreements, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Should a lawyer who serves as a mediator for two unrepresented parties also draft the resulting agreement if both mediating parties request the lawyer to do so? On June 30, 2010, the ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance (hereinafter “The Committee”) issued Ethics Opinion SODR-2010-1 “Mediator’s Duty of Care When Drafting Agreements.” This ethics opinion calls into question the blurry ethical contours between lawyering and mediation when mediating with pro se parties. In this column, I will review the Committee’s ethics opinion and then, applying the New York Rules of Professional Conduct, discuss the potential …

The Myth Of The Level Playing Field: Knowledge, Affect, And Repetition In Public Debate, Jeremy N. Sheff

Faculty Publications

The industrialization of the channels and scale of communication has led some well-meaning reformers to try to regulate the ability of powerful private actors to leverage economic inequality into political inequality, particularly in the area of campaign finance. Such reform efforts are ostensibly intended to further the deliberative democratic ideal of rational, informed public decision making by preventing well-funded private interests from improperly influencing democratic debate and, by extension, political outcomes. This Article examines empirical findings in political science, psychology, and marketing and argues that, in the context of contemporary American society, the normative principles of deliberative democracy and formal …

Laïcité In Comparative Perspective (Conference): Foreword, Mark L. Movsesian

Faculty Publications

On June 11, 2010, the Center for Law and Religion at St. John's University School of Law held its inaugural event, an academic conference at the University's Paris campus. "Laïcité in Comparative Perspective" brought together scholars from the United States and Europe to explore the French concept of laïcité and compare it with models of church-state relations in other countries, particularly the United States. Participants included Douglas Laycock (University of Virginia), who offered the Conference Introduction; Nathalie Caron (Université Paris-Est Créteil); Blandine Chelini-Pont (Université Paul Cézanne Aix-Marseille); Nina Crimm (St. John's University); Marc DeGirolami (St. John's University); Javier Martínez-Torrón Universidad …

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

Despite the remarkable reliance on the Internet as a source of information, we have yet to fully take advantage of it in our movement against domestic violence. Information is used as a weapon in the battle against domestic violence in several limited ways. Yet there is still more we can do with information and, specifically, the Internet, in combating domestic violence. The Scarlet Letter proposal seeks to empower potential victims of domestic violence with information so that they themselves can make choices that will avoid years of suffering and abuse. The idea is to allow public access to the data …

Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg

Faculty Publications

America's fantasy of a post-racial society was shattered on July 16,2009, when a white police officer arrested Harvard Professor Henry Louis Gates, a well-respected African-American academic, in his own home. Our historical racial fissure was widened. Once again, our thoughts were plagued with tortured images of our system of racialized law enforcement: the torture of Abner Louima, the beating of Rodney King, the killing of Amadou Diallo. Predictably, Americans became further polarized, as they simultaneously blamed and defended responses to racism.

In what was perceived by some as a dramatic and unanticipated turn of events, and perceived by others as …

Quantifying Individual Potential Contributions Of The Hybrid Sulfur Electrolyzer, John A. Staser, Maximilian B. Gorensek, John W. Weidner

Faculty Publications

The hybrid sulfur cycle has been investigated as a means to produce clean hydrogen efficiently on a large scale by first decomposing H₂SO₄ to SO₂, O₂, and H₂O and then electrochemically oxidizing SO₂ back to H₂SO₄ with the cogeneration of H₂. Thus far, it has been determined that the total cell potential for the hybrid sulfur electrolyzer is controlled mainly by water transport in the cell. Water is required at the anode to participate in the oxidation of SO₂ to H₂SO_{4 …}

Implications Of Civility For Children, Keely Wilkins, Paul Caldarella, Rachel Crook-Lyon, K. Richard Young

Faculty Publications

The purpose of this article is to review the literature exploring various definitions of civility, along with reasons why civility is vital to children and adolescents in any community. The authors examine definitions and components of civility in both historical and current contexts. The need for increased civility in modern society is described. The authors also explore the relationship of civility education to character and moral education and outline civility interventions suggested in the literature. Finally, suggestions are given for methods and strategies that have been found to be successful in bringing civility into schools.

Identity Scripts & Democratic Deliberation, Holning S. Lau

Faculty Publications

No abstract provided.

Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall

Faculty Publications

No abstract provided.

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

Faculty Publications

This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmires - exemplified by the radioactive waste capacity problem at the heart of the New York litigation - by prohibiting novel forms of state-federal bargaining. In New York, the …

Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong

Faculty Publications

No abstract provided.