Digital Commons Network^™

Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle

Faculty Publications

No abstract provided.

Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim

Faculty Publications

No abstract provided.

Looking Forward And Looking Back: The Promise And Potential Of A Sioux Nation Judicial Support Center And Sioux Nation Supreme Court, Frank Pommersheim

Faculty Publications

No abstract provided.

Panel Ii: Natural Resources, Economics, And The Environment: Global Issues Facing Native Communities [Panel Discussion], Frank Pommersheim

Faculty Publications

No abstract provided.

South Dakota’S Disability Discrimination Laws: Limits And Vantages, Tom Simmons

Faculty Publications

No abstract provided.

Trusted Autonomy, Michael N. Huhns, Duncan A. Buell

Faculty Publications

We describe how agents are the right building blocks for constructing trustworthy systems. Robust software and trusted autonomy represent the future for agent technology and software engineering.

Weaving A Computing Fabric, Michael N. Huhns, Larry M. Stevens, John W. Keele, Jim E. Wray, Warren M. Snelling, Greg P. Harhay, Randy R. Bradley

Faculty Publications

As sources of information relevant to a particular domain proliferate, we need a methodology for locating, aggregating, relating, fusing, reconciling, and presenting information to users. Interoperability thus must occur not only among the information, but also among the different software applications that process it. Given the large number of potential sources and applications, interoperability becomes an extremely large problem for which manual solutions are impractical. A combination of software agents and ontologies can supply the necessary methodology for interoperability.

Agents As Web Services, Michael N. Huhns

Faculty Publications

Web services are extremely flexible. Most advantageously, a developer of Web services need not know who or what will use the services being provided. The paper discusses current standards for Web services, directory services and the Semantic Web. It considers how agents extend Web services in several important ways.

Robust Software, Michael N. Huhns, Vance T. Holderfield

Faculty Publications

Agents offer a convenient level of granularity at which to add redundancy a key factor in developing robust software. Blindly adding code introduces more errors, makes the system more complex, and renders it harder to understand. However, adding more code can make software better, if it is added in the right way. As this article describes, the key concepts appear to be redundancy and the appropriate granularity.

Agent Societies: Magnitude And Duration, Michael N. Huhns

Faculty Publications

If you only need agents to search the Web for cheap CDs, scalability is not an issue. The Web can support numerous agents if each acts independently. In short order, however, billions of embedded agents that sense their environment and interact with us and other agents will fill our world, making the human environment friendlier and more efficient. These agents will need not only scalable infrastructures and communication services, but also scalable social services encompassing ethics and laws. Research projects are under way around the world to develop and deploy such services. The author takes a look at the critical …

A Cross-Firm Analysis Of The Impact Of Corporate Governance On The East Asian Financial Crisis, Todd Mitton

Faculty Publications

In a sample of 398 firms from Indonesia, Korea, Malaysia, the Philippines, and Thailand, firm-level differences in variables related to corporate governance had a strong impact on firm performance duringthe East Asian financial crisis of 1997–1998. Significantly better stock price performance is associated with firms that had indicators of higher disclosure quality (ADRs and auditors from Big Six accounting firms), with firms that had higher outside ownership concentration, and with firms that were focused rather than diversified. The results suggest that individual firms have some power to preclude expropriation of minority shareholders if legal protection is inadequate.

Spectral Integration Of Microstructure And Design, Brent L. Adams, B. Henrie, M. Lyon, H. Garmestani, Surya R. Kalidindi

Faculty Publications

Support of the Army Research Office is greatly appreciated. Mechanical design can be conducted in a framework where consideration of microstructure as a continuous design variable is facilitated by the use of a Fourier space. Selection of the mechanical framework for the problem (e.g., mechanical constitutive model and homogenization relations) dictates the dimensionality of the pertinent microstructure representation. Microstructure is comprised of basic elements that belong to the local state space. Local state includes crystallographic phase and orientation, and other parameters such as composition. The local state space is transformed into an isomorphic set in Fourier space. The universe of …

Are Plurals Derived Or Stored?, David Eddington, Patricia Lestrade

Faculty Publications

The ability to produce and comprehend human language involves at least two processes: the storage of units and the computations performed on those units. The role that storage and computation play in the processing of inflectional morphology is highly debated. At one end of the spectrum is the full storage model, which holds that all known words, whether morphologically complex or not, have separate entries in the mental lexicon (Jackendoff 1975, Manelis and Tharp 1977, Butterworth 1983, Bybee 1985, 1988, Rumelhart and McClelland 1986, McClelland 1988, Stemberger 1994, Rueckl, Mikolinski, Raveh, Miner, and Mars 1997). This position puts an enormous …

Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes’ Applicability To Health Insurance, Sharona Hoffman

Faculty Publications

Traditionally, health insurers have enjoyed the freedom to determine their own terms of coverage, to decide to what extent, if any, patients should be reimbursed for different kinds of treatment, and to establish premium prices. Health insurers typically deny coverage for speech therapy, eye glasses, hearing aids, most foot care, and treatment for infertility. Many insurance providers also exclude or severely limit coverage for mental health, dental care, AIDS, diabetes mellitus, morbid obesity, epilepsy, and alcoholism or drug abuse. Therefore, while some Americans enjoy full coverage for all their health needs, others who have insurance and suffer from serious or …

Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal

Faculty Publications

My comments as part of this panel focus on the attitude of proponents of multi-disciplinary practice toward conflict of interest. Before turning to that topic, I would like to offer a general observation about the debate on multi-disciplinary practice as well as a suggestion for improving the quality of that debate.

Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover

Faculty Publications

This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …

Judicial Selection And Political Culture, Jonathan L. Entin

Faculty Publications

This article proceeds in four stages. Part I examines the major rulings, relating to tort reform and school funding, that prompted the harsh and expensive Ohio campaign. Part II compares the process for appointing federal judges, particularly Supreme Court justices, which has also become notably contentious over the past three decades. Part III discusses the trend away from strict limitations on campaign speech by judicial candidates, which combined with the expansive protections afforded to independent expenditures in election campaigns will facilitate sharp rhetoric by those inclined in that direction. Finally, Part IV assesses the prospects for elevating the level of …

Comment On The Age Discrimination Example, Dale A. Nance

Faculty Publications

Comment on the Federal Judicial Coneter's Research Divission's protorype for computer assisted education of judges with regard to the statistical analysis of evidence.

The Rise And Fall Of Promissory Estoppel Or Is Promissory Estoppel Really As Unsuccessful As Scholars Say It Is: A New Look At The Data, Juliet P. Kostritsky

Faculty Publications

This article makes important contributions to the field of empirical promissory estoppel scholarship. First it challenges recent empirical scholarship (by Professors Robert Hillman and Sidney De Long in the 1998 and 1997 Columbia and Wisconsin law reviews). Their scholarship had challenged the view of the vast majority of American Contracts scholarship by proclaiming promissory estoppel to be an unimportant doctrine based on low win rates of tried cases. My article challenges this new orthodoxy based on a comprehensive five year survey of cases. It concludes that it is too soon to announce the death of promissory estoppel and that promissory …

Disturbing And Inspiring, Paula Hannaford-Agor

Faculty Publications

Book review of A Trial by Jury, by D. Graham Burnett, Knopf, 2001.

Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein

Faculty Publications

No abstract provided.

Comparisons Between Enron And Other Types Of Corporate Misconduct: Compliance With Law And Ethical Decision Making As The Best Form Of Public Relations, Cheryl L. Wade

Faculty Publications

(Excerpt)

One of the most important lessons that Enron offers is that sometimes managers lie and boards fail to do their jobs. Enron’s most valuable lessons relate to corporate governance, financial disclosure, accounting practices, and the management of pension funds. One of the most illuminating lessons that Enron offers, however, may be found in the reaction of jurists, legal scholars, the media, corporate professionals, elected officials, and the investing public to the Enron collapse. The general sense of public outrage is as large as the huge financial loss suffered by investors and employees.

There is a lesson to be derived …

Providing Structure To Law Students — Introducing The Programmed Learning Sequence As An Instructional Tool, Robin A. Boyle, Lynne Dolle

Faculty Publications

(Excerpt)

In the past few decades, legal academics have spawned writings about changing law school teaching methods from the traditional Socratic and case method to alternative approaches. Some of these authors encourage law professors to be aware of individual differences among students. Yet there has been little empirical research conducted in law schools concerning the effectiveness of teaching students according to their individual learning styles. "Learning styles" refers to the ways in which individuals "begin [ ] to concentrate on, process, [internalize,] and [remember] new and difficult [academic] information" or skills. The absence of learning-styles research in law schools spurred …

Departing Ways: Uniformity, Disparity And Cooperation In Federal Drug Sentences, Michael A. Simons

Faculty Publications

(Excerpt)

In 1995, this law review sponsored a symposium entitled The Sentencing Controversy: Punishment and Policy in the War Against Drugs. That symposium's focus on sentencing was appropriate because, as one of the participants noted, "[s]entencing is the bottom line of the criminal justice system."  Six years later, as this current symposium makes clear, we are still waging "war" on drugs. And although this symposium is not devoted exclusively to punishment, sentencing is still a central—and vexing—battlefield in that war.

The war on drugs is fought on multiple fronts: education, treatment, interdiction, diplomacy and law enforcement. Law enforcement, however, …

A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett

Faculty Publications

As Robert H. Jackson gained prominence in law practice and national government, he had particularly close ties to the city of Buffalo and to its University and School of Law. Jackson briefly practiced law in Buffalo for a year near the start of his career. He continued thereafter to handle Buffalo cases and represent Buffalo clients even though his practice was based in Jamestown. In 1946, Jackson received an honorary degree from the University of Buffalo at its centennial commemoration and spoke then about his just-completed Nuremberg experiences, including the evidence on German persecution of minorities. In 1951, Justice Jackson's …

Racial Discrimination And The Relationship Between The Directorial Duty Of Care And Corporate Disclosure, Cheryl L. Wade

Faculty Publications

(Excerpt)

Two corporate employers paid settlements of seismic proportions to minority employees alleging race discrimination in recent years. In 1996, Texaco settled a class action alleging race discrimination for $176 million, and in 2000, Coca-Cola settled race discrimination litigation for $192.5 million. The terms of both settlements required the insertion of outside auditors into typically internal and private corporate governance decisions, and the creation of governance processes designed to investigate and monitor compliance with laws prohibiting race discrimination. In this article I conclude that the settlements mandate managerial and directorial conduct that should have been undertaken when the charges of …

Corporate Governance As Corporate Social Responsibility: Empathy And Race Discrimination, Cheryl L. Wade

Faculty Publications

This Essay is one of a series of articles I have written that examines persistent racial discrimination in large, publicly held corporations. In spite of legislation prohibiting discrimination, employees of color have alleged that they have been the victims of discriminatory employment practices and racial harassment in the workplaces governed by large companies. Antidiscrimination law has not remedied the racially toxic corporate cultures of many of these companies. Because Title VII of the 1964 Civil Rights Act has no “generalized code of workplace civility,” it does little to ameliorate workplace racial harassment. For this reason, a new approach is required …

Teacher, Student, Ticket: John Frank, Leon Higginbotham, And One Afternoon At The Supreme Court--Not A Trifling Thing, John Q. Barrett

Faculty Publications

A path to greatness often begins with a special teacher, and this is such a story. In the fall of 1949, John P. Frank was a new associate professor at the Yale Law School. This story also involves a young student. In autumn 1949, A. Leon Higginbotham, Jr., was a first year law student at Yale. Higginbotham, a 21-year-old black man from Trenton, New Jersey, had attended Purdue University and, after transferring, graduated from Antioch College in 1949. Leon Higginbotham was one of three black students who entered Yale Law School in fall 1949. Higginbotham met John Frank when he …

Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino

Faculty Publications

Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …

Pleading Rules In Antitrust Cases: A Return To Fact Pleading?, Edward D. Cavanagh

Faculty Publications

(Excerpt)

The Federal Rules of Civil Procedure, adopted in 1938, introduced a simplified pleading regimen for litigation in the federal courts. Commonly referred to as notice pleading, this new pleading regimen was designed to shift the courts' attention away from the pleadings and toward proof at trial. Under the simplified pleading standards adopted by the Federal Rules, the complaint need not contain a ritualistic recitation of elements of an abstruse theory of recovery, as required at common law; nor did it need to detail "facts" sufficient to make out a "cause of action," as required under the old scheme of …