Digital Commons Network^™

Book Review Of Engaging The Law In China: State, Society, And Possibilities For Justice, Michael Ashley Stein

Faculty Publications

No abstract provided.

Are Issuers Of And Dealers In Securities Immune From Lawsuits Arising Under Federal And State Antitrust Laws?, Hannibal Travis

Faculty Publications

Conduct potentially subject to regulatory scrutiny by federal agencies such as the Securities Exchange Commission (SEC) is not necessarily immune from antitrust liability. The Supreme Court previously held that an anticompetitive conspiracy in the mutual fund industry was immune from antitrust liability because the SEC had the primary statutory authority to prohibit or permit such conspiracies. This case raises the question of whether another alleged conspiracy—to restrict the availability of certain initial public offerings of securities (IPOs)—is similarly immune.

Short-Time Transient Analysis Of Intercalation Of An Ion Into A Sphere, Sheba Devan, Ralph E. White

Faculty Publications

A short-time transient analysis is presented for a sinusoidal input potential for a spherical particle. The objective of this work was to extract accurate values of the parameters associated with an intercalation into a spherical particle. These parameters are exchange current density, double-layer capacitance, and diffusion coefficient. The effects of these parameters on the response were examined using a sensitivity analysis, which indicated that optimum frequency values of the input perturbation exist for estimation of these parameters. A procedure is presented to obtain all these parameters using the short-time response. The results show that the short-time analysis is a useful …

Effect Of Diphenyl Siloxane On The Catalytic Activity Of Pt On Carbon, Vijay A. Sethuraman, John W. Weidner, Lesia V V. Protsailo

Faculty Publications

The effect of silicone on the catalytic activity of Pt for oxygen reduction and hydrogen adsorption was studied using diphenyl siloxane as a source compound at a rotating disk electrode (RDE). Diphenyl siloxane did not affect the catalytic activity of Pt when it was injected into the electrolyte. However, it blocked the oxygen reduction reaction when it was premixed with the catalyst. Proton transport was not blocked in either case. We postulate that diphenyl siloxane induces hydrophobicity and causes local water starvation, thereby blocking oxygen transport. Hence, the slow leaching of silicone seals in a fuel cell could cause silicon …

Newspaper Vs. Non-Newspaper Litigants In The U.S. Supreme Court, 1964-2001, Edward L. Carter, James C. Phillips

Faculty Publications

Newspapers have been involved as litigants in some of the most significant First Amendment cases to come before the U.S. Supreme Court. Particularly since the groundbreaking case New York Times Co. v. Sullivan in 1964, newspapers have played a prominent role in Supreme Court cases that have defined many important points of First Amendment doctrine and have tested the nation's commitment to freedom of expression. Newspapers have successfully challenged, among other regulations, strict liability for defamation, a mandatory right of reply for political candidates, prior restraint of publication and a courtroom closure order in a high-profile state murder trial. But …

Outlawing Pension-Funding Shortfalls, Eric D. Chason

Faculty Publications

Before ERISA, employees faced a large risk that their employers would default or renege on pension obligations. By creating a federal guarantor of pensions (the PBGC), ERISA has greatly reduced this risk. All else being equal, low-risk pensions are worth more to employees but cost more to provide. Congress has never had a coherent policy on who should pay for these extra costs. Moreover, legal scholars have failed to create a theoretical framework for dealing with these costs, focusing instead on the supposed "moral hazard" that the PBGC guaranty creates. This Article inserts itself into the scholarly vacuum, asserting that …

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Faculty Publications

No abstract provided.

Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong

Faculty Publications

No abstract provided.

A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Disability Human Rights, Michael Ashley Stein

Faculty Publications

Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that …

Dark Ages Of Human Rights?, Linda A. Malone

Faculty Publications

No abstract provided.

Creative Sanctions For Online Investment Fraud, Jayne W. Barnard

Faculty Publications

No abstract provided.

Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao

Faculty Publications

No abstract provided.

Contemporary Art, Science, Ecology, And A Critical Pedagogy Of Place, Mark Graham

Faculty Publications

In contemporary life and education, the local is marginalized in favor of large-scale economies of consumption that are indifferent to ecological concerns. The consequences of neglecting local human and natural communities include a degraded habitat, loss of wilderness, alienation, rootlessness, and lack of connection to communities. Place-based education responds to this indifference to local ecological concerns by grounding student learning in the experiences of their own lives, communities, and regions. Critical place-based pedagogy broadens the scope of place-based learning by incorporating critical theory into the curriculum of the local. This article describes a critical pedagogy of place as a prelude …

Clouds, Cameras, And Computers: The First Amendment And Networked Public Places, Timothy Zick

Faculty Publications

It seems to be a common assumption that physical places like parks, sidewalks, and public squares, and "cyber-places" like the Web, constitute separate locations of communication. In reality, however, the intersection and collision of these two spaces is imminent. In some respects it has already occurred. Entire cities and counties are erecting wireless "clouds" that will bring the Internet to vast public spaces. Technologies of surveillance continue to proliferate. What one does and says in public places is increasingly subject to surveillance by means of a combination of hand-held devices and official surveillance tools like closed circuit television cameras (CCTV). …

Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann

Faculty Publications

No abstract provided.

Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins

Faculty Publications

No abstract provided.

Flexible Access Library Media Programs Bibliography, Donna M. Shannon

Faculty Publications

No abstract provided.

Information Seeking And Use By Low-Level Students, Jin Soo Chung, Jinmook Kim

Faculty Publications

This paper reports on an exploratory study of information seeking and use in high school students with a low level of information skills and academic competency. Seven students in the 11th grade Remedial Education Program class in American Literature and Composition completed a class project that involved somewhat comprehensive information seeking and use. Data were collected through observation and interview (with students, the teacher, and two library media specialists). All documents each student produced in completing the class project were gathered for data analysis. The preliminary findings of the study indicated that students experienced a great deal of difficulty in …

To Market, To Market: The Supervisory Skills And Managerial Competencies Most Valued By New Library Supervisors, Jennifer Weil Arns, Carol Price

Faculty Publications

ALA-accredited schools of library and information science produce several thousand new librarians yearly, and many of these graduates are assigned supervisory responsibilities relatively early in their careers. Most have responsibility for facilitating the work of others, preparing budgets, planning and evaluating programs, making staffing decisions, and maintaining the safety and security of assets that include funds, related property, and library buildings. Others find themselves in leadership roles that require interfacing with other organizations, mobilizing community support, and representing their organizations to their users and supporters.

Experience suggests that the approach of these librarians to their supervisory duties and the success …

Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart

Faculty Publications

Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them.

This article focuses on the difficulties evacuee renters faced in New Orleans following the disaster. This article discusses legislation and attempted legislation …

The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh

Faculty Publications

This article is the first major study examining whether the Special Court for Sierra Leone (SCSL) has made, or is making, any contribution to the development of international law. The author concludes that it has. In this vein, he analyzes the creation of the Defence Office, the Legacy Phase Working Group and the Outreach Section to show that some of the structural novelties introduced through SCSL practice have proven to be worthy of replication within other international criminal courts. Taking as an example the controversy regarding the United Nations Security Council’s power to create ad hoc international criminal tribunals, the …

Cultural Competence And Instructional Design: Exploration Research Into The Delivery Of Online Instruction Cross, P. Clint Rogers, Charles R. Graham, Clifford T. Mayes

Faculty Publications

The amount of resources being poured by Western universities, companies, and governments into creating educational content to be exported (via the Internet) to other cultures is astounding. Those assigned to accomplish this task are left with the great challenge of meeting the needs of learners who come from cultures that are foreign to them, and who often have very different abilities and expectations than originally assumed. This study explores the cultural competence in the lived experience of 12 professionals who have been involved with such efforts. Often they have had to question their assumptions, recognizing flaws in their own thinking …

Development Of Speech Reception Threshold Materials For Speakers Of Taiwan Mandarin, Shawn L. Nissen, Richard W. Harris, Katie B. Slade

Faculty Publications

The aim of this research was to develop, digitally record, evaluate, and equate speech audiometry materials that can be used to measure the speech reception threshold(SRT) in quiet for native speakers of Taiwan Mandarin. Familiar trisyllabic words were digitally recorded by male and female talkers of Taiwan Mandarin and subsequently evaluated by 20 native listeners with normal hearing at 14intensity levels (10 to 16 dB HL) in 2 dB increments. Using logistic regression, psychometric functions were calculated for all words. Twenty-eight words with comparatively steep psychometric functions were selected and digitally adjusted to match the mean subject pure-tone average (5.0 …

Soyinka, Tutu, And The Globalization Of African Humanism, Aaron Eastley

Faculty Publications

In an article dated 13 March 2006, the British weekly New Statesman reported on the latest social intervention of the “most popular priest on the planet” (Campbell), former Anglican Archbishop Desmond Tutu of South Africa. Nobel Peace Prize recipient Tutu, famous for his chairmanship of the South African Truth and Reconciliation Commission, was negotiating a series of televised meetings between former Protestant paramilitaries from Northern Ireland and the surviving family members of people they had murdered. A reality TV spin-off with a suspiciously voyeuristic strain, the three-part BBC2miniseries “Facing the Truth”—an obvious reference to the South African TRC—was deemed “daring” …

Heat And Mass Transport In Heat Pipe Wick Structures, Brian D. Iverson, Tyler W. Davis, Suresh V. Garimella, Mark T. North, Sukhvinder S. Kang

Faculty Publications

A novel experimental approach is developed for characterizing the performance of heat pipe wick structures. This approach simulates the actual operation of wick structures in a heat pipe. Open, partially submerged, sintered copper wicks of varying pore size are studied under the partially saturated conditions found in normal heat pipe operation. A vertical wick orientation, where the capillary lift is in opposition to gravity, is selected to test the wicks under the most demanding conditions. Mass transport measurements of the working fluid, in addition to the temperature field, are obtained for the porous wicks under the action of a discrete …

Latter-Day Saint Marriage And Family Life In Modern America, David C. Dollahite

Faculty Publications

The Church of Jesus Christ of Latter-day Saints (LDS, Mormon) is considered by its adherents to embody all the doctrines and authority that were present in the church that Christ established (Matthew 16:18-19) but that subsequently were lost through an apostasy that took hold after the original apostles were martyred. Latter-day Saints consider their faith to be a modern restoration of ancient truths and practices accomplished through modern revelation given by the Lord to modern prophets.

A Survey Of Dating And Marriage At Byu, Bruce A. Chadwick, Mindy Judd, Richard J. Mcclendon, Lauren Smith, Brent L. Top

Faculty Publications

A 2001 study of 1,000 young women attending four-year colleges and universities across the United States conducted by Norval Glenn and Elizabeth Marquardt found that “dating” has all but disappeared from American college campuses. Only half of the women reported they had been asked on six or more dates during their entire college career. In fact, one-third of the women had two or fewer dates during the same four years. Instead of dating, college students now “hang out” in mixed groups in a variety of settings including apartments, dormitory rooms, student centers, pizza parlors, coffee shops, and bars. From these …

The Effects Of Immediate And Delayed Feedback On Secondary Distance Learners, Duane C. Lemley, Richard Sudweeks, Scott L. Howell, R. Dwight Laws, Octavia Sawyer

Faculty Publications

This study explores the effects of immediate and delayed feedback for 2 noncohort groups of high school students enrolled in distance learning courses at Brigham Young University. One group received immediate feedback while the second group received delayed feedback. Those students receiving immediate feedback performed significantly better on final exams, but those who received delayed feedback completed courses in significantly less time. The findings promise to inform best practices for providing feedback to secondary students in a distance learning setting and also give cause for further research.

Will Legislation To Encourage Premarital Education Strengthen Marriage And Reduce Divorce?, Alan J. Hawkins

Faculty Publications

Many legislators are wondering whether there is a constructive role that government can play to strengthen marriages and reduce divorces. A handful of states have passed legislation providing incentives for couples to participate in formal premarital education. The purpose of this article is to examine the research that can help answer the question whether legislation to promote premarital education can strengthen marriages and reduce the divorce rate. Of course, there are numerous legal and policy issues related to marriage and divorce being discussed these days. The focus of this article however, is only on one. In the end, I conclude …