Digital Commons Network^™

The Major League Baseball Players Association And The Ownership Of Sports Statistics: The Untold Story Of Round One, J. Gordon Hylton

Faculty Publications

No abstract provided.

Who Is An "Original Source" Under The False Claims Act?, Jay E. Grenig

Faculty Publications

No abstract provided.

One Judge's Journey, Janine P. Geske

Faculty Publications

No abstract provided.

Not Quite A World Without Trials: Why International Dispute Resolution Is Increasingly Judicialized, Andrea Kupfer Schneider

Faculty Publications

Many scholars have made the argument that the trial is disappearing from use in the American legal system. In response to Marc Galanter's piece, A World without Trials?, this Essay argues that, in fact, the rest of the world is moving toward trials for a host of international legal disputes. What can explain this divergence? The development of ADR in the U.S. met a number of needs including saving time and money, alleviating docket overload, and giving individuals more involvement in the legal process. In the international realm, however, these needs were quite different. The judicialization of international disputes has …

Toward An Accountability-Based Definition Of Mercenary, Ryan M. Scoville

Faculty Publications

Mercenary violence is an increasingly serious threat to international security. From a legal perspective, the development of this threat is problematic because the international treaties that regulate "mercenaries" operate on a flawed definition of the concept. Even the most recent definition neither accounts for changes in global security over the past decade nor reflects the fundamental problem with mercenaries - the fact that they are not state-accountable actors. These deficiencies have contributed to the spread of mercenary activity by complicating treaty enforcement and undermining state support for the current law. This Note therefore proposes a new definition of "mercenary." The …

Regulating The Business Of Insurance: Federalism In An Age Of Difficult Risk, Robert H. Jerry Ii, Steven E. Roberts

Faculty Publications

Natural disasters and terrorism events of a massive scale are "difficult risks." They are difficult (or, if large enough, impossible) to insure, and they present enormous risk-management challenges. Indeed, we are now in an era when difficult risks are the dominant feature of the risk-management landscape. These kinds of risks are inevitably multi-jurisdictional in nature, and managing them effectively requires a cohesive, comprehensive national catastrophe policy involving ex ante prevention and mitigation measures, effective risk allocation through insurance mechanisms, and ex post victim-compensation strategies. Although our nation is not yet close to establishing a much-needed and increasingly discussed national catastrophe …

Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron

Faculty Publications

This Symposium is an outgrowth of our Moneyball article. With the approaching twentieth anniversary of the first U.S. News law school rankings, it is a particularly propitious time to take a fresh look, to hear new voices, and to reconsider issues surrounding law school rankings. Many of America's most thoughtful law professors (as well as academics in other disciplines) gathered on April 15, 2005 at the Indiana University School of Law--Bloomington to discuss “The Next Generation of Law School Rankings.” Many of the participants previously have written about law school rankings, but others have not--all are poets, and many have …

How Much Justice Can We Afford?: Defining The Courts' Roles And Deciding The Appropriate Number Of Trials, Settlement Signals, And Other Elements Needed To Administer Justice, John M. Lande

Faculty Publications

This article discusses how the U.S. court system can function optimally given declining trial rates and the limited resources available. The question of how much justice we can afford is a challenge that becomes more difficult as budgets fall behind the increasing demand for and cost of court services. Presumably most analysts would agree that courts should try cases when appropriate - and help litigants find just resolutions without trial when it is not needed. The courts' ability to provide trials in some cases is possible only if the vast majority of other cases are not tried.This article provides background …

Antitrust Law On The Borderland Of Language And Market Definition: Is There A Separate Spanish-Language Radio Market?, Catherine J. K. Sandoval

Faculty Publications

No abstract provided.

The Professionalization Of Law Firm In-House Counsel, Elizabeth Chambliss

Faculty Publications

This Article examines the structural evolution of the "firm counsel" position from a volunteer, part-time position filled by an existing partner to a specialized, often full-time position increasingly filled by career in-house counsel. Based on focus groups and interviews with firm counsel, as well as participant observation at meetings and conferences aimed at firm counsel, I examine how the professionalization of the firm counsel position affects: (1) the definition of the firm as the client; (2) the authority of firm counsel with partners; and (3) firm counsels' professional commitments and attitudes about ethical rules.

I find that, from a regulatory …

Accessing The Internet Through The Neighbor's Wireless Internet Connection: Physical Trespass In Virtual Reality, Ned Snow

Faculty Publications

As wireless computer networks are becoming commonplace, so also is the practice of accessing the Internet through another's wireless network. The practice raises a simple question of law: Does accessing a wireless network, without express authorization, violate the property rights of the network operator? This Article argues that it does. A neighbor who intentionally accesses the Internet through a network operator's connection appears to trespass on physical property of the operator - the operator's router. Recent Internet jurisprudence suggests that the electronic signals that the neighbor sends through the router are sufficient to find trespassory physical contact. The same jurisprudence …

Using Focus Groups In The Consumer Research Phase Of A Social Marketing Program To Promote Moderate-Intensity Physical Activity And Walking Trail Use In Sumter County, South Carolina, Ericka L. Burroughs, Lara E. Peck, Patricia A. Sharpe, Michelle L. Granner, Carol A. Bryant, Regina Fields

Faculty Publications

Introduction: The use of social marketing approaches in public health practice is increasing. Using marketing concepts such as the "four Ps" (product, price, place, and promotion), social marketing borrows from the principles of commercial marketing but promotes beneficial health behaviors. Consumer research is used to segment the population and develop a strategy based on those marketing concepts. In a community-based participatory research study, 17 focus groups were used in consumer research to develop a social marketing program to promote walking and other moderate-intensity physical activities.

Methods: Two phases of focus groups were conducted. Phase 1 groups, which included …

Legislative Messaging And Bankruptcy Law, Lois R. Lupica, Karen Gross, Kathryn R. Heidt

Faculty Publications

This Essay grew out of many three-way conversations and multiple collaborative drafts. We began this conversation at the academic conference in 2003 celebrating the Bankruptcy Code’s upcoming 25th Anniversary. Sadly, we did not have the opportunity to finish either the conversations or to finalize this Essay before Kate Heidt’s untimely death in May 2005. Completed in her absence, this Essay is dedicated to the memory of our close friend and colleague, Professor Kathryn R. Heidt.

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski

Faculty Publications

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.

The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah Yearby

Faculty Publications

The Due Process Clause of the Fifth Amendment has been perverted in the federal administrative system. For example, federal agencies, such as the U.S. Department of Health and Human Services (HHS), regularly deprive individuals of liberty and property with little to no review. In its regulation of the health care industry through the Medicare program, HHS often turns a blind eye to procedural Due Process protections, such as providing individuals an opportunity to challenge the deprivation of property at a hearing, even though the Constitution, the Administrative Procedure Act, and the Medicare Act grant these protections. The Medicare compliance hearing …

Evidence On What Cfos Think About The Ipo Process: Practice, Theory, And Managerial Implications, James C. Brau, Stanley E. Fawcett

Faculty Publications

Many privately held companies aspire to go public through an initial public offering. But the IPO process is time-consuming, expensive, and fraught with uncertainty. With the aim of shedding light on the process and reducing at least some of the uncertainty, the authors asked several hundred CFOs to share their experiences and perceptions with regard to six specific aspects of the IPO process: (1) motives for going public; (2) the timing of IPOs; (3) criteria for choosing an underwriter; (4) cause of IPO underpricing; (5) IPO signaling; and (6) reasons to stay private.

Plasmid-Mediated High-Level Gentamicin Resistance Among Enteric Bacteria Isolated From Pet Turtles In Louisiana, María Alejandra Díaz, Richard Kent Cooper, Axel Cloeckaert, Ronald John Siebeling

Faculty Publications

The sale of small turtles is banned by the Food and Drug Administration from the U.S. market due to concerns about their excretion of Salmonella spp. To produce a safe pet for the export market, the Louisiana pet turtle industry uses gentamicin sulfate baths (1,000 μg/ml) to eradicate Salmonella spp. from turtle eggs. In 1999, we analyzed bacterial samples recovered from turtle farms and found that strains of Salmonella enterica subsp. arizonae and other bacteria, such as Enterobacter cloacae, Citrobacter freundii, Pseudomonas aeruginosa, and Stenotrophomonas maltophilia, were resistant to high concentrations of gentamicin (>2,000 μg/ml) and to other aminoglycosides. …

Remembering The Public Domain, Christine Galbraith Davik

Faculty Publications

Rapid advances in communication technology over the past decade have resulted in the previously unimaginable ability to seamlessly exchange ideas and data on a global basis. Nonetheless, despite the undeniable progress that has been made, access to information is ironically becoming progressively more. This is due in large part to the fact that resources which belong in the public domain are increasingly being transformed into private property. The carefully balanced provisions of copyright law are gradually becoming displaced by contractual, technological, and legislative constraints that allow for the tight control of access to and use of the materials in question. …

Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben

Faculty Publications

Many people assume that arbitration is private and confidential. But is that assumption accurate? This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications evidence, concluding that the free discovery and admissibility of arbitration communications …

Untangling The Privacy Paradox In Arbitration, Amy J. Schmitz

Faculty Publications

Arbitration is private but not secret. This truism regarding arbitration seems contradictory and nonsensical. However, common understandings of privacy in arbitration often lull individuals into assuming personal information revealed in arbitration may not become public. They assume privacy and confidentiality are synonymous. The reality is that arbitration is private but not necessarily confidential, or secret. This is the privacy paradox: it defies common conceptions of arbitration's secrecy, but is nonetheless true. This paradox is problematic because it leads to shortsighted contracting and simplistic assumptions about arbitral justice. Moreover, it may foster injustice when repeat players unduly benefit from unpublished awards …

Taxing Trademarks And Domain Names, Xuan-Thao Nguyen, Jeffrey A. Maine

Faculty Publications

With the arrival of global electronic commerce transactions on the Internet, new forms of intellectual property rights, such as Internet domain names, have emerged. Today, Internet domain names are some companies' most valuable assets. Yet law professors, attorneys, and judges struggle with the legal nature of domain names, which is far from settled. Questions drawing recent attention include: How should domain names be valued? Can domain names be used as collateral in secured transactions, and how does one perfect a security interest in domain names? What will happen to domain names in bankruptcy?

Action Principle Formulation For Motion Of Extended Bodies In General Relativity, Jeeva Anandan, Naresh Dadhich, Parampreet Singh

Faculty Publications

We present an action principle formulation for the study of motion of an extended body in General Relativity in the limit of weak gravitational field. This gives the classical equations of motion for multipole moments of arbitrary order coupling to the gravitational field. In particular, a new force due to the octupole moment is obtained. The action also yields the gravitationally induced phase shifts in quantum interference experiments due to the coupling of all multipole moments.

Squeezed-State Source Using Radiation-Pressure-Induced Rigidity, Thomas Corbitt, Yanbei Chen, Farid Khalili, David Ottaway, Sergey Vyatchanin, Stan Whitcomb, Nergis Mavalvala

Faculty Publications

We propose an experiment to extract ponderomotive squeezing from an interferometer with high circulating power and low mass mirrors. In this interferometer, optical resonances of the arm cavities are detuned from the laser frequency, creating a mechanical rigidity that dramatically suppresses displacement noises. After taking into account imperfection of optical elements, laser noise, and other technical noise consistent with existing laser and optical technologies and typical laboratory environments, we expect the output light from the interferometer to have measurable squeezing of 5 dB, with a frequency-independent squeeze angle for frequencies below 1 kHz. This squeeze source is well suited for …

Pilibacter Termitis Gen. Nov., Sp. Nov., A Lactic Acid Bacterium From The Hindgut Of The Formosan Subterranean Termite (Coptotermes Formosanus), Dennis T. Higashiguchi, Claudia Husseneder, J. Kenneth Grace, John M. Berestecky

Faculty Publications

A previously undescribed anaerobic, heterofermentative, non-spore-forming, Gram-positive rod was isolated from the hindgut of the Formosan subterranean termite Coptotermes formosanus Shiraki. The DNA G + C content of this bacterium was 37.8 mol%. Sequence analysis of the 16S rRNA gene revealed that this organism is related to, but distinct from, several genera of lactic acid bacteria, principally several species of the genus Enterococcus. Phenotypic traits that serve to separate this organism from related genera include high levels of the cellular fatty acid C18:1ω9c and the production of ethanol along with lactic acid as fermentation products. Based on the collected phylogenetic …

Introduction: Self-Organization In Nonequilibrium Chemical Systems, Irving R. Epstein, John A. Pojman, Oliver Steinbock

Faculty Publications

The field of self-organization in nonequilibrium chemical systems comprises the study of dynamical phenomena in chemically reacting systems far from equilibrium. Systematic exploration of this area began with investigations of the temporal behavior of the Belousov-Zhabotinsky oscillating reaction, discovered accidentally in the former Soviet Union in the 1950s. The field soon advanced into chemical waves in excitable media and propagating fronts. With the systematic design of oscillating reactions in the 1980s and the discovery of Turing patterns in the 1990s, the scope of these studies expanded dramatically. The articles in this Focus Issue provide an overview of the development and …

Case Study: Cholera, Edward Laws

Faculty Publications

No abstract provided.

Open Systems Viewed Through Their Conservative Extensions, Alexander Figotin, Stephen P. Shipman

Faculty Publications

A typical linear open system is often defined as a component of a larger conservative one. For instance, a dielectric medium, defined by its frequency dependent electric permittivity and magnetic permeability is a part of a conservative system which includes the matter with all its atomic complexity. A finite slab of a lattice array of coupled oscillators modelling a solid is another example. Assuming that such an open system is all one wants to observe, we ask how big a part of the original conservative system (possibly very complex) is relevant to the observations, or, in other words, how big …

Fragments Of Development, By Suzanne Bergeron And A Critical Rewriting Of Global Political Economy: Integrating Productive, Reproductive, And Virtual Economies, By V. Spike Peterson, Drucilla K. Barker

Faculty Publications

A review of Fragments of Development, by Suzanne Bergeron, and A Critical Rewriting of Global Political Economy: Integrating Productive, Reproductive, and Virtual Economies, by V. Spike Peterson.

Different Model For The Right To Privacy: The Political Question Doctrine As A Substitute For Substantive Due Process, Patrick Garry

Faculty Publications

No abstract provided.

Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick Garry

Faculty Publications

No abstract provided.