Digital Commons Network^™

Constitutional Displacement, Timothy Zick

Faculty Publications

This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …

An Infrared Imaging Method For High-Throughput Combinatorial Investigation Of Hydrogenation-Dehydrogenation And New Phase Formation Of Thin Films, H. Oguchi, Jason R. Hattrick-Simpers, I. Takeuchi, E. J. Heilweil, L. A. Bendersky

Faculty Publications

We have developed an infrared imaging setup enabling in situ infrared images to be acquired, and expanded on capabilities of an infrared imaging as a high-throughput screening technique, determination of a critical thickness of a Pd capping layer which significantly blocks infrared emission from below, enhancement of sensitivity to hydrogenation and dehydrogenation by normalizing raw infrared intensity of a Mg thin film to an inert reference, rapid and systematic screening of hydrogenation and dehydrogenation properties of a Mg–Ni composition spread covered by a thickness gradient Pd capping layer, and detection of formation of a Mg₂Si phase in a …

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman, Angela Davis, K.C. Johnson, Lyrissa Lidsky

Faculty Publications

The genesis of this panel is an essay I wrote arguing that the single moniker "Duke lacrosse controversy" encapsulates a broad, multi-faceted legal, political, and social controversy that more accurately consists of five related seriatim sub-controversies. Initially, it was a sexual assault case. An African-American woman, hired as an exotic dancer at a party thrown by members of the Duke University men's lacrosse team, reported to Durham police that she had been sexually assaulted by several white team members. The allegations quickly became a national story, tinged with issues of race, class, gender, privilege, and at some level, the role …

Hearts And Minds And Laws: Legal Compliance And Diplomatic Persuasion, Christopher J. Borgen

Faculty Publications

This Essay considers the role of international legal argument in the war on terror and, in particular, in the attempts to justify the use of military force. Part I looks at challenges posed by the evolution of military conflict and how this affects diplomacy. In particular, I argue that a reputation for honoring one's treaty commitments and for legality, more generally, is an important part of fostering cooperation and undercutting the support of our adversaries. Part II focuses on how the Bush Administration moved between hostility to international law and attempts to rewrite the rules of international law concerning the …

The Jelly Beaner Challenge: How Attorneys Serving As Neutrals Identify And Coordinate The Ethical Mandates Of The 2009 Rules Of Professional Conduct With The Ethical Mandates Of Dispute Resolution, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Many of us may remember as children trying to master the coordination game Jelly Beaner, a joust in which the player is challenged to pat his or her head up and down with one hand while simultaneously rubbing his or her belly in a circular pattern with the other hand. Competing movements, but with practice even those less coordinated can master how to synchronize their hands and play the game. So, too, those of us who are lawyers serving as neutrals are now engaging in a variant of the Jelly Beaner Challenge when it comes to discerning ethical behavior. …

Who Says "I Do"? Reviewing Judith Butler & Gayatri Chakravorty Spivak, Who Sings The Nation-State? Language, Politics, Belonging (2007), Noa Ben-Asher

Faculty Publications

This Book Review offers an analogy between two forms of resistance to legal discrimination by marginalized minorities: singing the national anthem in Spanish on the streets of Los Angeles in the spring of 2006 by undocumented immigrants, and possible future public marriage ceremonies by LGBT people and other marriage outlaws. Based on the conceptual grounds laid by Judith Butler and Gayatri Spivak, and earlier by Hannah Arendt, the Review uses an analogy to the public singing of the anthem in Spanish in order to argue that the performance of public marriage ceremonies by LGBT people and other marriage outlaws may …

Clawbacks: Prospective Contract Measures In An Era Of Excessive Executive Compensation And Ponzi Schemes, Miriam A. Cherry, Jarrod Wong

Faculty Publications

(Excerpt)

Months after insurance giant American International Group (AIG) faltered and the federal government provided financial assistance to keep the company afloat, executive compensation and bonus practices at the company came under scrutiny. Taxpayers balked when evidence came to light that large bonuses were being paid to executives—the same executives, in certain instances, who had been responsible for AIG's losses. The disconnect between AIG's huge losses and the multi-million dollar bonus payments is a striking example of "pay without performance," a phenomenon that Professors Jesse Fried and Lucian Bebchuk documented in their book of the same name. Responding to public …

A New Look At Judicial Impact: Attorney's Fees In Securities Class Actions After Goldberger V. Integrated Resources, Inc., Theodore Eisenberg, Geoffrey Miller, Michael A. Perino

Faculty Publications

Political scientists have long been interested in what impact judicial decisions have on their intended audiences. Compliance has been defined as the lower court's proper application of standards the superior court has enunciated in deciding all cases raising similar or related questions. Most studies find widespread compliance in lower courts, with only rare instances of overt defiance.

This Article attempts to address three questions in the extant judicial impact literature. First, existing studies use rather insensitive measures of compliance and thus may fail to identify instances of subtle resistance to higher court rulings. Second, judicial impact literature has a restrained …

The Effect Of Copt Crystallinity And Grain Texturing On Properties Of Exchange-Coupled Fe/Copt Systems, H. Oguchi, A. Zambano, M. Yu, Jason R. Hattrick-Simpers, D. Banerjee, Y. Liu, Z. L. Wang, J. P. Liu, S. E. Lofland, D. Josell, I. Takeuchi

Faculty Publications

The effect of the crystallinity and the grain texturing of CoPt hard layers on exchange coupled Fe/CoPt soft/hard magnetic systems was studied using gradient thickness multilayer thin films. We have studied the hard layer structures by transmission electron microscopy and x-ray diffraction, and characterized the exchange coupling interaction through magnetization loops obtained by the magneto-optical Kerr effect measurement. We found that exchange coupling strongly depends on the crystalline characteristics of the CoPt hard layer. There is correlation between the mixture of different grain orientations of the CoPt hard layer and coupling efficiency. In particular, interlayer coupling is enhanced when there …

Procter & Gamble’S Pur Water Purifier: The Hunt For A Sustainable Business Model, Lisa Jones Christensen, Jessica Thomas

Faculty Publications

Over the last 6 years, under the leadership of Dr. Greg Allgood, director of the Children’s Safe Drinking Water Program, P&G has helped to distribute 65 million PuR packets. These packets have been used to purify 650 million liters of water, most often in rural locations. Over time, and through a variety of deliberate partnerships that Allgood cultivated in 10 countries, P&G has tested three different sales and distribution models: commercial marketing, social marketing and disaster relief-- each with varying degrees of success. Drawing from past successes and failures, Allgood is considering how to fulfill P&G’s aggressive commitment to providing …

Corporate Social Responsibility In Sport: An Overview And Key Issues, Paul C. Godfrey

Faculty Publications

Sport—writ large—exists as a significant social institution, both in terms of economic and social impacts on the society of which it is a key part. This essay provides a systematic introduction to the concept of corporate social responsibility (CSR) for sport management scholars and practitioners. I review the historical development of CSR in the United States, provide a summary of the major theories and models currently in use by theorists and researchers, and identify key issues facing the CSR discourse. I conclude by returning to the notion of sport as an institution and try to raise questions, as an outsider, …

An Examination Of Family Communication Within The Core And Balance Model Of Family Leisure Functioning, Kevin M. Smith, Patti A. Freeman, Ramon B. Zabriskie

Faculty Publications

The purpose of this study was to examine family communication within the core and balance model of family leisure functioning. The study was conducted from a youth perspective of family leisure and family functioning. The sample consisted of youth (N= 95) aged 11 – 17 from 25 different states in the United States. Path analyses indicated that family communication mediated a positive relationship between family leisure variables and family functioning variables. Implications and recommendations are discussed. The addition of communication in the Core and Balance Model is recommended.

Gene Patents And The Product Of Nature Doctrine, John M. Conley

Faculty Publications

No abstract provided.

The Debt Financing Of Parenthood, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Corruption And Development: The Armenian Case, Phillip J. Bryson, Sevak Tsaturyan

Faculty Publications

To determine the relationship between corruption and economic growth variables, we undertake a general analysis of those relationships for 39 countries over an eleven year period. Since the data on corruption specific to Armenia are insufficient for an econometric analysis, we undertake a case study of that country to illuminate the relationships determined by the empirical analysis. We find corruption to be a hindrance for overall economic performance, since there is a strong negative correlation between corruption indices and real per capita GDP. Regressing real Foreign Direct Investment on corruption, however, we found no strong relationship between the two. Nor …

Family Law For The Underclass: Underscoring Law's Ideological Function, David Ray Papke

Faculty Publications

This article underscores the manner in which family law for the contemporary underclass assumes a distinctly ideological function. Marriage promotion programs not only urge members of the underclass to marry but also deplore their declining commitment to marriage as an institution. "Deadbeat dad" legislation suggests the failure of underclass fathers to pay child support regularly and on time is a major cause of poverty in American life. Adoption law facilitates the placement of underclass children in middle and upper-class families, insisting in the process that this must surely be best for the children. Overall, family law for the underclass suggests …

El Análisis De La Consigna Argumentativa En La Calidad Del Discurso Y En El Aprendizaje De Las Ciencias Naturales, Sandra Gilabert Medina, Merce Garcia-Mila Palaudarias, Mark Felton

Faculty Publications

En los últimos años nuestras aulas de ciencias han incorporado la argumentación como una herramienta para promover la construcción de conocimiento. Un aspecto generalmente olvidado en dichas intervenciones, así como en las investigaciones de las cuales derivan, es el análisis del impacto que el objetivo de la argumentación tiene en la actividad argumentativa desplegada en las aulas. En el discurso argumentativo distinguimos dos tipos de actividad: la oposición y la deliberación. En la actividad de oposición el objetivo es mantener el punto de vista y debilitar las alternativas, mientras que en la actividad de deliberación el objetivo es consensuar un …

Principals' Perceptions Of School Librarians, Donna M. Shannon

Faculty Publications

No abstract provided.

Conceptualizing Aggression, Noah Weisbord

Faculty Publications

The special working group tasked by the International Criminal Court’s Assembly of States Parties to define the supreme international crime, the crime of aggression, has produced a breakthrough draft definition.

This paper analyzes the key concepts that make up the emerging definition of the crime of aggression by developing and applying a future-oriented methodology that brings together scenario planning and grounded theory. It proposes modifications and interpretations of the constituent concepts of the crime of aggression intended to make the definition sociologically relevant today and in the foreseeable future.

Leveraged Liquidity: Bear Raids And Junk Loans In The New Credit Market, Jose M. Gabilondo

Faculty Publications

No abstract provided.

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.

From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone

Faculty Publications

This Article submits that the documented phenomenon of workplace bullying operates to stymie the retention and advancement of women in the workplace Research documented in books like Queen Bees and Wannabes shows that as early as the schoolyard, males and females tend to socialize differently, engage in and resolve conflict with peers differently, and absorb bullying behavior differently. Girls often believe or are taught to believe that direct conflict or confrontation is unpalatable and tend to employ more passive aggressive means of engagement with foes. They often internalize and repress feelings that boys are more likely to express. Viewing the …

An Exploration Of A Model Of Social Networks And Multilateral Negotiations, Bruce Money, Chad R. Allred

Faculty Publications

Multilateral (many‐party) negotiations are much more complex than traditional two‐party negotiations. In this article, we explore a model of social network activity, especially clique formation, among parties engaged in multilateral negotiation and the implications that such networks might have on the negotiation process and outcome. Using data collected from 375 subjects participating in a negotiation simulation, our results reveal that, primarily, the negotiator’s perspectives of clique formation (coalition building) — both his or her own and the other party’s — have unique effects on the integrative, problem‐solving approaches used in the process and on the negotiator’s satisfaction with outcomes. Secondarily, …

Ap Studio Art As An Enabling Constraint For Secondary Art Education, Mark Graham

Faculty Publications

No abstract provided.

Agents And Service-Oriented Computing For Autonomic Computing: A Research Agenda, Frances M.T. Brazier, Jeffrey O. Kephart, H. Van Dyke Parunak, Michael N. Huhns

Faculty Publications

Autonomic computing is the solution proposed to cope with the complexity of today's computing environments. Self-management, an important element of autonomic computing, is also characteristic of single and multiagent systems, as well as systems based on service-oriented architectures. Combining these technologies can be profitable for all - in particular, for the development of autonomic computing systems.

Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks

Faculty Publications

No abstract provided.

The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing "First Drafts," Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller

Faculty Publications

No abstract provided.

Americanism Behind Barbed Wire, Eric L. Muller

Faculty Publications

No abstract provided.

The Enhancement Of Graduate Digital Forensics Education Via The Dc3 Digital Forensics Challenge, Timothy H. Lacey, Gilbert L. Peterson, Robert F. Mills

Faculty Publications

No abstract provided.

Tpack Development In Science Teaching: Measuring The Tpack Confidence Of Inservice Science Teachers, Charles R. Graham, Nicolette Burgoyne, Pamela Cantrell, Leigh Smith, Larry St. Clair, Ron Harris

Faculty Publications

Knowledge related to the effective use of educational technologies has become widely recognized as an important aspect of an educator’s knowledge-base for the 21st Century (ISTE, 2008; National Council for Accreditation of Teacher Education, 1997; Partnership for 21st Century Skills, 2003). Early in the history of educational technology, educators were taught in technology classes that focused primarily on technology skills independent from the pedagogical or content courses (Graham, Culatta, Pratt, & West, 2004; Hargrave & Hsu, 2000; Willis & Mehlinger, 1996). Educators soon recognized that technology skills alone did not serve them well because one could know how to operate …