Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Publications

Discipline
Institution
Keyword
Publication Year
File Type

Articles 38791 - 38820 of 45785

Full-Text Articles in Entire DC Network

Formulating Rational Drug Policy In California, Gerald F. Uelmen Jan 2001

Formulating Rational Drug Policy In California, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Go to article

Does Technology Require New Law?, David D. Friedman Jan 2001

Does Technology Require New Law?, David D. Friedman

Faculty Publications

Technological change affects the law in at least three ways: (1) by altering the cost of violating and enforcing existing legal rules; (2) by altering the underlying facts that justify legal rules; and (3) by changing the underlying facts implicitly assumed by the law, making existing legal concepts and categories obsolete, even meaningless. The legal system can choose to ignore such changes. Alternatively, it may selectively alter its rules legislatively or via judicial interpretation. In this essay I first discuss, as an interesting historical example, past technological changes relevant to copyright law and the law's response. I then go on …

Go to article

Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman Jan 2001

Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman

Faculty Publications

In her review essay Ending Male Privilege: Beyond the Reasonable Woman, Professor Wildman examines A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews. Forell and Matthews explain the need for a reasonable woman standard, particularly in cases of sexual harassment, stalking, domestic homicide, and rape. Wildman, while agreeing that those areas exemplify areas of law in which the "spectrum of violence and disregard of women is most evident and problematic," urges that litigants seeking equality must go beyond the reasonable woman and articulate the systemic nature of male …

Go to article

Domestic Violence Torts, Jennifer Wriggins Jan 2001

Domestic Violence Torts, Jennifer Wriggins

Faculty Publications

The Article systematically looks at domestic violence as a torts issue and also critiques how tort theory prioritizes accidents over intentional torts. After showing how domestic violence fits within the categories of intentional torts including battery, assault, false imprisonment and intentional infliction of emotional distress, the article highlights the disjunction between the prevalence of domestic violence and the virtual absence of tort suits seeking compensation for domestic violence injuries. The article analyzes the reasons for that absence and finds a range of explanations. Some of the explanations are practical, such as the ‘intentional acts exclusion’ in liability insurance and short …

Go to article

Revised Article 9, Securitization Transactions And The Bankruptcy Dynamic, Lois R. Lupica Jan 2001

Revised Article 9, Securitization Transactions And The Bankruptcy Dynamic, Lois R. Lupica

Faculty Publications

Article 9 of the Uniform Commercial Code ("U.C.C.")1 is the law governing the creation, perfection, and enforcement of security interests in personal property. Originally enacted in 1960,2 Article 9 was substantially revised in 1972 in response to changes in commercial financing markets and practices. Since this last revision, there have been further changes, including technological advances, affecting commercial practice and custom. These changes have led the Permanent Editorial Board for the U.C.C. ("PEB") to recommend to the American Law Institute ("ALI") and the National Conference of Commissioners on Uniform State Laws ("NCCUSL") that Article 9, once again, be significantly revised. …

Go to article

Understanding Infanticide In Context: Mothers Who Kill, 1870-1930 And Today, Michelle Oberman Jan 2001

Understanding Infanticide In Context: Mothers Who Kill, 1870-1930 And Today, Michelle Oberman

Faculty Publications

No abstract provided.

Go to article

The Power Of Suggestion: Inertia In 401k Participation And Savings Behavior, Brigitte C. Madrian, Dennis F. Shea Jan 2001

The Power Of Suggestion: Inertia In 401k Participation And Savings Behavior, Brigitte C. Madrian, Dennis F. Shea

Faculty Publications

In this paper, we analyze the 401(k) savings behavior of employees in a large U.S. corporation before and after an interesting change in the company 401(k) plan. Before the plan change, employees were required to affirmatively elect participation in the 401(k) plan. After the plan change, employees were automatically and immediately enrolled in the 401(k) plan unless they made a negative election to opt out of the plan. Although none of the economic features of the plan changed, this switch to automatic enrollment dramatically changed the savings behavior of employees. We have two key findings. First, 401(k) participation is significantly …

Go to article

The Bullet Gic As An Example, David F. Babbel, Jeremy Gold, Craig B. Merrill Jan 2001

The Bullet Gic As An Example, David F. Babbel, Jeremy Gold, Craig B. Merrill

Faculty Publications

There has been considerable discussion of a variety of issues related to fair value in the actuarial literature, in conferences, and among individuals interested in this topic. Unfortunately, we seem to be failing to communicate due, in part, to inconsistent use of terminology. The goal of this discussion paper is to present a few concepts that we hope will be of use in the broader discussion of fair value of liabilities.

Go to article

Good Day Sunshine: Stock Returns And The Weather, David Hirshleifer, Tyler Shumway Jan 2001

Good Day Sunshine: Stock Returns And The Weather, David Hirshleifer, Tyler Shumway

Faculty Publications

Psychological evidence and casual intuition predict that sunny weather is associated with upbeat mood. This paper examines the relationship between morning sunshine in the city of a country's leading stock exchange and daily market index returns across 26 countries from 1982 to 1997. Sunshine is strongly significantly correlated with stock returns. After controlling for sunshine, rain and snow are unrelated to returns. Substantial use of weatherbased strategies was optimal for a trader with very low transactions costs. However, because these strategies involve frequent trades, fairly modest costs eliminate the gains. These findings are difficult to reconcile with fully rational price …

Go to article

Do Behavioral Biases Affect Prices?, Joshua D. Coval, Tyler Shumway Jan 2001

Do Behavioral Biases Affect Prices?, Joshua D. Coval, Tyler Shumway

Faculty Publications

This paper documents strong evidence of behavioral biases among Chicago Board of Trade proprietary traders and investigates the effect these biases have on prices. Our traders appear highly loss-averse. Traders who experience morning losses are about 16 percent more likely to assume above-average afternoon risk than traders with morning gains. This behavior has important short-term consequences for afternoon prices, as losing traders are prepared to purchase contracts at higher prices and sell contracts at lower prices than those that prevailed previously. However, during the ten minutes that follow these trades, prices revert strongly to their earlier levels. Consistent with these …

Go to article

A High-Altitude Snow Chemistry Record From Amundsenisen, Dronning Maud Land, Antarctica, Elisabeth Isaksson, Wibjorn Karlen, Paul A. Mayewski, Mark S. Twickler, Sallie I. Whitlow Jan 2001

A High-Altitude Snow Chemistry Record From Amundsenisen, Dronning Maud Land, Antarctica, Elisabeth Isaksson, Wibjorn Karlen, Paul A. Mayewski, Mark S. Twickler, Sallie I. Whitlow

Faculty Publications

In this paper a detailed record of major ions from a 20 m deep firn core from Amundsenisen, western Dronning Maud Land, Antarctica, is presented. The core was drilled at 75° S, 2° E (2900 m a.s.l.) during austral summer 1991/92. The following ions were measured at 3 cm resolution: Na+, Mg2+, Ca2+, Cl−, NO3−, S04 2− and CH3SO3H (MSA). The core was dated back to 1865 using a combination of chemical records and volcanic reference horizons. The volcanic eruptions identified in this core are Mount Ngauruhoe, New Zealand (1974–75), Mount Agung, Indonesia (1963), Azul, Argentina (1932), and a broad …

Go to article

A Preliminary Assessment Of Tidal Flooding Along The New Hampshire Coast: Past, Present And Future, Larry G. Ward, Jamie R. Adams Jan 2001

A Preliminary Assessment Of Tidal Flooding Along The New Hampshire Coast: Past, Present And Future, Larry G. Ward, Jamie R. Adams

Faculty Publications

This report presents the results of a preliminary study that examines several critical coastal issues for New Hampshire including sea level fluctuations (past, present and future), shoreline migrations, and tidal flooding. Included are: 1) an analysis of sea level changes over the Holocene and resulting shoreline migrations, 2) an assessment of low-lying areas with elevations below selected tidal flooding datums in coastal areas, and 3) an assessment of increases in low-lying areas that are potentially at risk to tidal flooding over the next century due to sea level rise.

Go to article

Reproductive Biology Of Cobia, Rachycentron Canadum, From Coastal Waters Of The Southern United States, Nancy J. Brown-Peterson, Robin M. Overstreet, Jeffrey M. Lotz, James S. Franks, Karen M. Burns Jan 2001

Reproductive Biology Of Cobia, Rachycentron Canadum, From Coastal Waters Of The Southern United States, Nancy J. Brown-Peterson, Robin M. Overstreet, Jeffrey M. Lotz, James S. Franks, Karen M. Burns

Faculty Publications

Reproductive biology of the cobia, Rachycentron canadum, is described from four coastal areas in the southern United States. Samples were obtained from recreational fishermen between December 1995 and November 1997 from the southeastern United States (Morehead City, NC, to Cape Canaveral, FL), the eastern Gulf of Mexico (Ft. Myers to Crystal River, FL), the north-central Gulf of Mexico (Destin, FL, to Chandeleur Islands, LA) and the western Gulf of Mexico (Port Aransas, TX). Histological evidence of spawning occurred from April through September in all areas. Some female cobia (17-32%) throughout the Gulf of Mexico had spent or regressed ovaries by …

Go to article

Simulations Of Quasigeostrophic Currents Derived From Satellite Altimetry And Acoustic Tomography Of An Open Ocean Region, Max I. Yaremchuk, Dmitri A. Nechaev Jan 2001

Simulations Of Quasigeostrophic Currents Derived From Satellite Altimetry And Acoustic Tomography Of An Open Ocean Region, Max I. Yaremchuk, Dmitri A. Nechaev

Faculty Publications

Acoustic tomography (AT) and satellite altimetry (SA) measure properties of the ocean state with high temporal resolution. That makes these data suitable for long-term monitoring of mesoscale features in the open ocean regions, where the open boundaries are the major sources of model forecast uncertainties on timescales larger than 1 week. In this paper, a finite-difference quasigeostrophic model of an open ocean region is considered as a possible tool for interpolating AT-SA data in space and time. The assimilation algorithm is based upon the 4D variational data assimilation scheme controlled by the initial and boundary conditions of the model. The …

Go to article

Identifying A Damped Oscillatory Thermohaline Mode In A General Circulation Model Using An Adjoint Model, Ziv Sirkes, Eli Tziperman Jan 2001

Identifying A Damped Oscillatory Thermohaline Mode In A General Circulation Model Using An Adjoint Model, Ziv Sirkes, Eli Tziperman

Faculty Publications

A damped oscillatory mode of the thermohaline circulation (THC), which may play a role in interdecadal climate variability, is identified in a global primitive equation model. This analysis is done under mixed boundary conditions using an adjoint of the primitive equation model. The linearized versus nonlinear stability behavior of the model is studied by comparing the adjoint analysis to runs of the fully nonlinear model. It is shown that a steady-state solution obtained under larger amplitude freshwater surface forcing (and hence with a weaker North Atlantic overturning) is unstable, while a steady-state solution with stronger THC is stable. In a …

Go to article

Public Librarians And The Civil Rights Movement: Alabama, 1955-1965, Patterson Toby Graham Jan 2001

Public Librarians And The Civil Rights Movement: Alabama, 1955-1965, Patterson Toby Graham

Faculty Publications

Racial segregation in southern public libraries affected millions of African Americans before the Civil Rights movement, and for librarians in the South it created a conflict between professional and regional values. Ultimately, it was the efforts of black activists rather than librarians acting on their ethical impulses that ended library segregation. Librarians were constrained by local racial customs, Jim Crow laws, and, often, by their own racial attitudes. Also, librarians recognized that there were inherent dangers associated with defying the segregationists. There were a few, however, who challenged the racial status quo, and these individuals demonstrated the potential of librarians …

Go to article

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard Jan 2001

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …

Go to article

Safeguarding Juror Privacy: A New Framework For Court Policies And Procedures, Paula Hannaford-Agor Jan 2001

Safeguarding Juror Privacy: A New Framework For Court Policies And Procedures, Paula Hannaford-Agor

Faculty Publications

This article briefly discusses the difficulty courts face in balancing the privacy of citizens summoned for jury service with the rights of litigants and the public to information about those individuals. I propose that focusing on the content of the information re­quested of prospective jurors and the purposes for which juror infor­mation is used by courts provides a more helpful analysis than the legal framework traditionally employed in case law. Specifically, I argue that distinguishing between information that is relevant and information that is not relevant to the fairness or im­partiality of prospective jurors should be the primary analytical framework …

Go to article

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs Jan 2001

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Go to article

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt Jan 2001

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Go to article

Of Judicial Supremacy And Academic Inadequacy, Scott C. Idleman Jan 2001

Of Judicial Supremacy And Academic Inadequacy, Scott C. Idleman

Faculty Publications

No abstract provided.

Go to article

Allocution For Victims Of Economic Crimes, Jayne W. Barnard Jan 2001

Allocution For Victims Of Economic Crimes, Jayne W. Barnard

Faculty Publications

No abstract provided.

Go to article

Takings Clause, Tara Leigh Grove Jan 2001

Takings Clause, Tara Leigh Grove

Faculty Publications

No abstract provided.

Go to article

The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove Jan 2001

The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove

Faculty Publications

No abstract provided.

Go to article

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon Jan 2001

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon

Faculty Publications

In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited, compensation …

Go to article

The Jeffersonian Vision Of Legal Education, Davison M. Douglas Jan 2001

The Jeffersonian Vision Of Legal Education, Davison M. Douglas

Faculty Publications

No abstract provided.

Go to article

Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason Jan 2001

Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason

Faculty Publications

Waivers affecting pension benefits may be entered into as part of a controversy (for example, a settlement agreement) or in isolation (for example, a disclaimer). Under current law, however, it is unclear how these waivers fit within the protections of ERISA, particularly the antialienation rule. Courts have generally honored settlement agreements so long as they are procedurally fair to participants. However, the antialienation rule looms in the background. The IRS and Treasury, in contrast, have focused on waivers outside the settlement context, prohibiting participants from making them but allowing beneficiaries to do so if the waiver satisfies gift-tax rules for …

Go to article

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins Jan 2001

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins

Faculty Publications

No abstract provided.

Go to article

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle Jan 2001

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle

Faculty Publications

No abstract provided.

Go to article

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins Jan 2001

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Faculty Publications

No abstract provided.

Go to article

First Prev Next Last