Digital Commons Network^™

American Indian Tribes And 401(K) Plans, Erik M. Jensen

Faculty Publications

No abstract provided.

Empirical Legal Scholarship: Reestablishing A Dialogue Between The Academy And Profession, Craig Allen Nard

Faculty Publications

Should legal academics begin to engage in a greater degree of empirical scholarship, I believe that the gap between law schools and the profession will not only cease to distend, but actually will begin to contract. If what I assert is true, or even partially true, the question remains: Why is there such a paucity of empirical legal scholarship?

Part I of this article discusses the importance and value of the empirical method and empirical scholarship by briefly exploring the philosophy of Pragmatism and its influence on the law. Thereafter, part II explores why legal academics do not engage in …

Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance

Faculty Publications

In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value."1 This version comes in response to a substantial body of academic criticism of the traditional doctrine.2 As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to ad- dress Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps clarify the …

Introduction: The Context For Innovation In Japan, Comparative Competitive Aspects, Peter M. Gerhart

Faculty Publications

Introduction to Thomas J. Klitgarrd's "Context for the Innovation in Japan: Comparative Competitive Aspects and Some Practical Comments."

Organizing Tax Instruction: Evidence Regarding The Way Students Organize Tax Knowledge, Stephen T. Limberg, Michael S. Schadewald, Brian C. Spilker

Faculty Publications

An important part of accounting curriculum reform is a movement away from traditional methods of organizing accounting courses toward improved organization schemes. Two basic approaches to organizing the content of tax courses are a transaction-based scheme and an entity-based scheme. This paper reports the results of an experiment that investigates which scheme is more consistent with how incoming masters in tax students organize tax knowledge and how different schemes affect the manner in which graduating students organize tax knowledge. Ninety students drawn from two full-time masters in taxation programs participated in the study. Subjects individually completed three separate tasks that …

Default Risk And The Effective Duration Of Bonds, David F. Babbel, Craig B. Merrill, William Panning

Faculty Publications

Basis risk is the risk attributable to uncertain movements in the spread between yields associated with a particular financial instrument or class of instruments, and a reference interest rate over time. There are seven types of basis risk: Yields on

• Long-term versus short-term financial instruments.
• Domestic currency versus foreign currencies.
• Liquid versus illiquid investments.
• Bonds with higher or lower sensitivity to changes in interest rate volatility.
• Taxable versus tax-free instruments.
• Spot versus futures contracts.
• Default-free versus non-default-free securities.

Basis risk makes it difficult for the fixed-income portfolio manager to measure the portfolio's exposure to interest rate risk, heightens the anxiety …

Privatization Of Municipal Services: A Contagion In The Body Politic, Shirley Mays

Faculty Publications

No abstract provided.

Aerobic And Anaerobic Starvation Metabolism In Methanotrophic Bacteria, P. Roslev, G. M. King

Faculty Publications

The capacity for anaerobic metabolism of endogenous and selected exogenous substrates in carbon- and energy-starved methanotrophic bacteria was examined. The methanotrophic isolate strain WP 12 survived extended starvation under anoxic conditions while metabolizing 10-fold less endogenous substrate than did parallel cultures starved under oxic conditions. During aerobic starvation, the cell biomass decreased by 25% and protein and lipids were the preferred endogenous substrates. Aerobic protein degradation (24% of total protein) took place almost exclusively during the initial 24 h of starvation. Metabolized carbon was recovered mainly as CO2 during aerobic starvation. In contrast, cell biomass decreased by only 2.4% during …

Evaluation Of Tsetse Attractants As Baits For Horse Flies And Deer Flies (Diptera: Tabanidae) In Louisiana, L. D. Foil, L. J. Hribar

Faculty Publications

No abstract provided.

Chapter 5: Unions, Finance, And Labor's Capital, Peter R. Pitegoff

Faculty Publications

Events in recent decades have dramatized the need for labor attention beyond narrow issues of wages and working conditions. In the face of widespread industrial disinvestment, unions have been hard-pressed to protect the job status or employment, or the future of their members. At the same time, the developing labor law has narrowed the range of bargaining opportunities for unions to affect corporate decisions-the very decisions that result in job dislocations and corporate transformations. The effectiveness of strikes has been undermined by growing use of permanent replacement workers.

To thrive in the coming decades, unions must carve out a new …

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii

Faculty Publications

Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …

Will The Federal Courts Of Appeals Perish If They Publish? Or Does The Declining Use Of Opinions To Explain And Justify Judicial Decisions Pose A Greater Threat?, Martha Dragich

Faculty Publications

This Article examines three of those practices: selective publication, summary disposition, and vacatur upon settlement.

A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck

Faculty Publications

Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …

Anonymous Campaign Literature And The First Amendment, Erika Lietzan

Faculty Publications

Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …

Defensor Fidei: The Travails Of A Post-Realist Formalism, Lyrissa Lidsky

Faculty Publications

This Article probes the philosophical and psychological attractions of formalism and suggests that its promise of stability and order may be essential to the effective functioning of the legal system, even if the promise can never be realized.

The Effects Of Malnutrition On Child Mortality In Developing Countries, D.L. Pelletier, Edward A. Frongillo Jr., D.G. Schroeder, J.P. Habicht

Faculty Publications

No abstract provided.

Modeling Physical And Chemical Climate Of The Northeastern United States For A Geographic Information System, Scott V. Ollinger, John D. Aber, Anthony C. Federer, Gary M. Lovett, Jennifer M. Ellis

Faculty Publications

A model of physical and chemical climate was developed for New York and New England that can be used in a GIs for integration with ecosystem models. The variables included are monthly average maximum and minimum daily temperatures, precipitation, humidity, and solar radiation, as well as annual atmospheric deposition of sulfur and nitrogen. Equations generated from regional data bases were combined with a digital elevation model of the region to generate digital coverages of each variable.

Somatic Embryogenesis And Polyamines In Woody Plants, Rakesh Minocha, Subhash C. Minocha, Liisa Kaarina Simola

Faculty Publications

The formation of whole plants from cultured cells is interesting not only because of its applications for mass propagation but also as a prime example of the process of controlled development and differentiation in plants. Cultures capable of producing somatic embryos with high frequency provide ideal experimental systems to study and understand the biochemical basis of hormonal regulation of the developmental process. This knowledge should lead to the planning of media and various treatments that allow us to obtain whole plants from single cells in recalcitrant plant species.

Inhibition Of Mixing In Chaotic Quantum Dynamics, B. S. Helmkamp, D. A. Browne

Faculty Publications

We study the quantum chaotic dynamics of an initially well-localized wave packet in a cosine potential perturbed by an external time-dependent force. For our choice of initial condition and with Latin small letter h with stroke small but finite, we find that the wvae packet behaves classically (meaning that the quantum behavior is indistinguishable from that of the analogous classical system) as long as the motion is confined to the interior of the remnant separatrix of the cosine potential. Once the classical motion becomes unbounded, however, we find that quantum interference effects dominate. This interference leads to a long-lived accumulation …

Expression And Compartmentalization Of Caveolin In Adipose Cells: Coordinate Regulation With And Structural Segregation From Glut4, Konstantin V. Kandror, Jacqueline M. Stephens, Paul F. Pilch

Faculty Publications

Native rat adipocytes and the mouse adipocyte cell line, 3T3-L1, possess transport vesicles of apparently uniform composition and size which translocate the tissue-specific glucose transporter isoform, GLUT4, from an intracellular pool to the cell surface in an insulin-sensitive fashion. Caveolin, the presumed structural protein of caveolae, has also been proposed to function in vesicular transport. Thus, we studied the expression and subcellular distribution of caveolin in adipocytes. We found that rat fat cells express the highest level of caveolin protein of any tissue studied, and caveolin is also expressed at high levels in cardiac muscle, another tissue possessing insulin responsive …

The Cote D'Ivoire-Ghana Transform Margin, Eastern Equatorial Atlantic, J. Mascle, G. P. Lohmann, P. Clift

Faculty Publications

Leg 159 drilled a series of four sites (Sites 959-962) within continental crust adjacent to the continent-ocean transition along the transform passive margin of Cote d'Ivoire-Ghana (CIG). This leg represents the first application of deep-sea drilling to the tectonics of transform margin development. The tectonic evolution from the Cretaceous to the Neogene is described. -from Authors

The Impact Of Dap Inservice Training On The Beliefs And Practices Of Kindergarten Teachers, Julia H. Haupt, Jean M. Larsen, Clyde C. Robinson, Craig H. Hart

Faculty Publications

No abstract provided.

Velvetbean Caterpillar (Lepidoptera: Noctuidae): Surviving Freezing Weather In Louisiana, Wei Xikui, S. J. Johnson

Faculty Publications

No abstract provided.

Privacy And Intelligent Transportation Technology, Dorothy J. Glancy

Faculty Publications

No abstract provided.

Regulating The Multi-Media Chimera: Electronic Speech Rights In The United States, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Ethics, Media And The O.J. Trial, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Musical Chairs: The Dissolution Of States And Membership In The United Nations, Michael P. Scharf

Faculty Publications

No abstract provided.

Discordance Between Lmp-Based And Clinically Estimated Gestational Age: Implications For Research, Programs, And Policy, Greg R. Alexander, Mark E. Tompkins, Donna J. Petersen, Thomas C. Hulsey, Joanne Mor

Faculty Publications

This study examines the comparability between the last menstrual period-based and clinically estimated gestational age as collected on certificates of live birth. It explores whether sociodemographic or delivery characteristics influence their agreement and contrasts health status and health care utilization indicators, such as preterm, small for gestational age, and adequacy of prenatal care percentages, produced by each gestational age measure. The 1989-91 South Carolina public use live birth files were used for this analysis. A total of 169,082 single births to resident mothers were selected for investigation.

The clinically estimated gestational age distribution exhibited a higher mean and a tendency …

Rethinking Preemption For Purposes Of Aliens And Public Benefits, Evangeline G. Abriel

Faculty Publications

No abstract provided.

Is Its It? Some Conclusions About The Panopticon, George J. Alexander

Faculty Publications

No abstract provided.