Digital Commons Network^™

Is It Ever Too Late For Innocence? Finality, Efficiency, And Claims Of Innocence, George C. Thomas Iii, Gordon G. Young, Keith Sharfman, Kate B. Briscoe

Faculty Publications

(Excerpt)

[Does it violate the Constitution] to execute a person who, having been convicted of murder after a full and fair trial, later alleges that newly discovered evidence shows him to be "actually innocent." ... [l]t is perfectly clear what the answer is: There is no basis in text, tradition, or even in contemporary practice (if that were enough) for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.

Justice Scalia, joined by Justice Thomas, concurring in Herrera v. Collins.

Should innocent people be imprisoned as criminals? More …

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Faculty Publications

(Excerpt)

This Article follows in the spirit of Karl Llewellyn and his fellow drafters of the Uniform Commercial Code who sought to transform merchant norms into law. The merchant norms discussed here are the procedures that sophisticated firms contract for to resolve anticipated valuation disputes. The law proposed is a new procedure for resolving valuation disputes based on commercial valuation norms. More specifically, this Article proposes a new default valuation procedure, modeled on the algorithmic valuation clauses commonly used in the contracts of sophisticated firms, that would encourage parties to valuation disputes to introduce more plausible valuations into evidence and …

Did The Private Securities Litigation Reform Act Work?, Michael A. Perino

Faculty Publications

In 1995 Congress passed the Private Securities Litigation Reform Act (the PSLRA or the Act) to address abuses in securities fraud class actions. In the wake of Enron, WorldCom, Adelphia, and other high profile securities frauds, critics suggest that the law made it too easy to escape liability for securities fraud and thus created a climate in which frauds are more likely to occur. Others claim that the Act has largely failed because it did little to deter plaintiffs' lawyers from filing nonmeritorious cases. This article employs a database of the 1449 class actions filed from 1996 through 2001 to …

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …

Presenting A New Instructional Tool For Teaching Law-Related Courses: A Contract Activity Package For Motivated And Independent Learners, Robin A. Boyle, Karen Russo, Rose Frances Lefkowitz

Faculty Publications

(Excerpt)

Do you have motivated students in your classes who prefer to learn independently? Given the diversity of learning styles in law school students, you probably do! A Contract Activity Package (“CAP”) allows this kind of student to work at his or her own pace. It also provides options for all students to learn through their various modalities—visual, auditory, tactual, and kinesthetic.

We conducted empirical studies at two different universities in law-related classes and found that both classes, as a whole, learned content better by using the CAP than by using traditional classroom instruction. One of those studies, by Robin …

The Ftaia And Subject Matter Jurisdiction Over Foreign Transactions Under The Antitrust Laws: The New Frontier In Antitrust Litigation, Edward D. Cavanagh

Faculty Publications

(Excerpt)

The aggressive antitrust enforcement activities by the United States Department of Justice Antitrust Division against international cartels in the last decade, coupled with the increasingly global character of commercial markets, have spawned significant private antitrust treble damages litigation in American courts by foreign plaintiffs. Not surprisingly, the jurisdictional reach of the Sherman Act has been a threshold issue in these cases. While jurisdictional questions are not new to American courts, this latest round of antitrust cases has posed novel issues of subject matter jurisdiction, including the extent to which foreign plaintiffs claiming antitrust damages based on foreign transactions may …

Employing Active-Learning Techniques And Metacognition In Law School: Shifting Energy From Professor To Student, Robin A. Boyle

Faculty Publications

(Excerpt)

Teaching a law school class, whether it is doctrinal or skills-based, can be a tiring experience. At the conclusion of class, law professors often experience fatigue, partly from coming to a calm after being on-stage and partly from expending excessive energy lecturing or engaging students with the Socratic method. Law professors who are exhausted after a sixty or ninety-minute class, while their students sit passively except for random one-on-one questioning, are overworking. Chances are the majority of the students are under-performing because they are probably similar in their learning-style to students at other law schools, who do not learn …

Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein

Faculty Publications

No abstract provided.

Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry I. Palmer

Faculty Publications

No abstract provided.

Address Register Assignment For Reducing Code Size, M. Kandemir, M. J. Irwin, G. Chen, J. Ramanujam

Faculty Publications

In DSP processors, minimizing the amount of address calculations is critical for reducing code size and improving performance since studies of programs have shown that instructions that manipulate address registers constitute a significant portion of the overall instruction count (up to 55%). This work presents a compiler-based optimization strategy to reduce the code size in embedded systems. Our strategy maximizes the use of indirect addressing modes with post-increment and post-decrement capabilities available in DSP processors. These modes can be exploited by ensuring that successive references to variables access consecutive memory locations. To achieve this spatial locality, our approach uses both …

Downstream Hydraulic Geometry Relations: 1. Theoretical Development, Vijay P. Singh, Chih Ted Yang, Z. Q. Deng

Faculty Publications

In this study, it is hypothesized that (1) the spatial variation of the stream power of a channel for a given discharge is accomplished by the spatial variation in channel form (flow depth and channel width) and hydraulic variables, including energy slope, flow velocity, and friction, and (2) that the change in stream power is distributed among the changes in flow depth, channel width, flow velocity, slope, and friction, depending on the constraints (boundary conditions) the channel has to satisfy. The second hypothesis is a result of the principles of maximum entropy and minimum energy dissipation or its simplified minimum …

Health Risks From Exposure To Metal-Working Fluids In Machining And Grinding Operations, Kun Li, Fereydoun Aghazadeh, Selen Hatipkarasulu, Thomas G. Ray

Faculty Publications

Metal-working fluids (MWFs) are used in machining and grinding operations to cool the tool and work, reduce the friction between the tool and work, improve the surface integrity of the work piece, and increase tool life and productivity. Health problems have been reported among workers exposed to MWFs, including incidences of respiratory, digestive and skin cancers, and increased rates of cough and phlegm. This paper reviews and discusses issues concerning health risks from exposure to MWFs in machining and grinding operations, the various factors that influence the degree of exposure, and control methods to reduce exposure to metal-working fluids. © …

The Proposed Model Inter-Entity Transaction Act: A Proposal To Rationalize Changes In Forms Of Business Organizations, Thomas Geu, Robert Keatinge

Faculty Publications

No abstract provided.

The Tension Between Textualism And Substance-Over-Form Doctrines In Tax Law, Allen Madison

Faculty Publications

This article discusses the tension that exists between the recent textualist approach taken in the U.S. Supreme Court and the judicially developed substance-over-form doctrines that pervade tax law. It sets forth Justice Antonin Scalia’s textualist approach, provides an overview of the substance-over-form doctrines, and then analyzes whether the current Supreme Court would uphold a case that overrode the literal text of the Internal Revenue Code on the basis of one of the doctrines. The article concludes that the current Supreme Court would reject any of these doctrines if faced with the issue.

Lara: A Constitutional Crisis In Indian Law?, Frank Pommersheim

Faculty Publications

No abstract provided.

Marriage On Tv, Mary E. Hess

Faculty Publications

While it is important for teachers of religion to consider how television portrays marriage, it may be even more important to consider how we use television and how we help people engage the media with critical perception. People of faith need to do a cultural intervention, providing a deep and sustaining vision of what marriage can be over time and in connection with community.

Molecular Beacon Sequence Design Algorithm, W. Todd Monroe, Frederick R. Haselton

Faculty Publications

A method based on Web-based tools is presented to design optimally functioning molecular beacons. Molecular beacons, fluorogenic hybridization probes, are a powerful tool for the rapid and specific detection of a particular nucleic acid sequence. However, their synthesis costs can be considerable. Since molecular beacon performance is based on its sequence, it is imperative to rationally design an optimal sequence before synthesis. The algorithm presented here uses simple Microsoft® formulas and macros to rank candidate sequences. This analysis is carried out using mfold structural predictions along with other free Web-based tools. For smaller laboratories where molecular beacons are not the …

The Sentient Web, Michael N. Huhns

Faculty Publications

In a startling revelation, a team of university scientists has reported that a network of computers has become conscious and sentient, and is beginning to assume control of online information system. In spite of the ominous tone typically chosen for dramatic effect, a sentient Web would be more helpful and much easier for people to use. An agent is an active, persistent software component that perceives, reasons, and acts, and whose actions include communication. Agents inherently take intentional actions based on sensory information and memories of past actions. All agents have necessary communication ability, but they do not necessarily possess …

Commitments Among Agents, Ashok U. Mallya, Michael N. Huhns

Faculty Publications

Commitments are a powerful representation for modeling multiagent interactions. Previous approaches have considered the semantics of commitments and how to check compliance with them. However, these approaches do not capture some of the subtleties that arise in real-life applications such as e-commerce, in which contracts and institutions have implicit temporal references. In this column, we describe a rich representation for the temporal content of commitments that lets us capture realistic contracts and avoid ambiguities. Consequently, this approach lets us reason about whether, and at what point, a commitment is satisfied or breached, and whether it is or ever becomes unenforceable.

Crystal Structure Of Boc-Trp(Cho)-Dphe-Ile-Dphe-Leu-Och3, C48h59n6o10, Vijayaraghavan Rangachari, J. Makker, P. Kumar, S. Dey, Tej P. Singh

Faculty Publications

No abstract provided.

Testing Forward Exchange Rate Unbiasedness Efficiently: A Semiparametric Approach, Douglas J. Hodgson, Oliver Linton, Keith Vorkink

Faculty Publications

We apply semiparametric efficient estimation procedures for a seemingly unrelated regression model where the multivariate error density is elliptically symmetric to study the efficiency of the foreign exchange market. We consider both cointegrating regressions and standard stationary regressions. The elliptical symmetry assumption allows us to avoid the curse of dimensionality problem that typically arises in multivariate semiparametric estimation procedures, because the multivariate elliptically symmetric density function can be written as a function of a scalar transformation of the observed multivariate data. We test the unbiasedness hypothesis on both weekly and daily exchange rate data and strongly reject unbiasedness at the …

Research Opportunities In Internal Auditing, Douglas F. Prawitt

Faculty Publications

This chapter discusses staffing and managing the internal audit function (IAF) as a component of organizational governance, and has two main purposes. First, it familiarizes interested practitioners and researchers with current trends and issues in staffing and managing the IAF. Second, it suggests questions and topics for future thinking and research among practitioners and academics. Managing and staffing an IAF is a vast and complex undertaking that remains relatively unexplored by rigorous research. The chapter contains several citations to practitioner information and academic research, but it does not attempt to include a comprehensive literature review of all relevant articles or …

Can Reading Help?, Chris Crowe

Faculty Publications

I've not slept well for many months. Until recently l had assumed that my fitful nights were merely the combined effects of impending writing deadlines, ALAN presidential duties, middle age, a long list of incomplete house and yard chores, a six-digit mortgage, my university students and classes, a neurotic and noisy cat, and two teenage daughters.

Some nights are worse than others, and I've supposed that when stress goes up, sleep goes down. But I've also noticed lately that when things go bump in the night, I jerk awake wondering if it was just wind, the dog, a neighbor's car …

Illuminating Theatre / Ariel Davis : Utah Innovator, J. Michael Hunter

Faculty Publications

The general history of stage lighting and of lighting in the Salt Lake Theatre are described. Ariel Davis (1912-1997) was a famous inventor of theatrical lighting equipment. He grew up in Provo and graduated from Brigham Young University (BYU).

State Level Assessment In Physical Education: The South Carolina Experience, Judith E. Rink, Murrary F. Mitchell

Faculty Publications

No abstract provided.

The George A. Leet Business Law Symposium: The Role Of Lawyers In Strategic Alliances - Introduction, George W. Dent

Faculty Publications

Introducation to The George A. Leet Business Law Symposium: The Role of Lawyers in Strategic Alliances, Cleveland, Ohio.

Review Of Bibleworks 6, Teresa Reeve

Faculty Publications

No abstract provided.

Research On Self-Represented Litigation: Preliminary Results And Methodological Considerations, Paula Hannaford-Agor, Nicole Mott

Faculty Publications

As various programs for self-represented litigants proliferate and costs increase, fund­ing agencies are beginning to demand that programs demonstrate their effectiveness through empirical evaluation. This article recounts some of the lessons learned from a National Center for State Courts' research project on improving access to justice for self-represented litigants. First, the article briefly describes the problems faced by courts as a result of the influx of self-represented litigants. The article then describes automated case-level data and litigant self-reported data from five jurisdictions and some preliminary findings. We conclude with a discussion of problems that we encoun­tered in analyzing those data.

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …

Translating Visions Of Rationality Into Specific Legal Reforms, Joelle A. Moreno

Faculty Publications

No abstract provided.