Digital Commons Network^™

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …

Gene, Pathway And Network Frameworks To Identify Epistatic Interactions Of Single Nucleotide Polymorphisms Derived From Gwas Data, Yu Liu, Sean Maxwell, Tao Feng, Xiaofeng Zhu, Robert C. Elston, Mehmet Koyutürk, Mark R. Chance

Faculty Scholarship

Background: Interactions among genomic loci (also known as epistasis) have been suggested as one of the potential sources of missing heritability in single locus analysis of genome-wide association studies (GWAS). The computational burden of searching for interactions is compounded by the extremely low threshold for identifying significant p-values due to multiple hypothesis testing corrections. Utilizing prior biological knowledge to restrict the set of candidate SNP pairs to be tested can alleviate this problem, but systematic studies that investigate the relative merits of integrating different biological frameworks and GWAS data have not been conducted.Results: We developed four biologically based frameworks to …

Sexual Sensation Seeking, Drug Use And Risky Sex Among Detained Youth, Dexter R. Voisin

Faculty Scholarship

Sexual sensation seeking has been correlated with drug use and risky sex in a number of populations. However, these relationships have had limited examination among adolescents, and to date, have not been explored among detained youth, a group with some of the highest rates of illicit drug use and STIs. To better understand these relationships we utilized A-CASI to collect data on sociodemographics, sexual sensation seeking, drug use and risky sexual behaviors among a sample of 550 detained youth. A series of multivariable regression models controlling for age, gender, race/ethnicity, socioeconomic status and risky peer networks indicated that sexual sensation …

Common Ownership And Equality Of Autonomy, Anna Di Robilant

Faculty Scholarship

In recent years, common ownership has enjoyed unprecedented favour among policy-makers and citizens in the United States, Canada, and Europe. Conservation land trusts, affordable-housing co-operatives, community gardens, and neighborhood-managed parks are spreading throughout major cities. Normatively, these common-ownership regimes are seen as yielding a variety of benefits, such as a communitarian ethos in the efficient use of scarce resources, or greater freedom to interact and create in new ways. The design of common-ownership regimes, however, requires difficult trade-offs. Most importantly, successful achievement of the goals of common-ownership regimes requires the limitation of individual co-owners’ ability to freely use the common …

Maine Shared Collections Strategy: Why Now In Maine?, Clem Guthro

Faculty Scholarship

No abstract provided.

The Natural History Of The Ants Of Michigan's E.S. George Reserve: A 26 Year Study, Mary Talbot

Faculty Scholarship

The results of a 26-summer study of the ants on an 1146 acre (464 ha) natural history preserve in southeastern Michigan are presented. Habitat distribution and nest construction for each of the 87 species are recorded. The sites of collections of each species on the Reserve are shown on maps. In addition, records of colony populations, brood development and nuptial flights of many of the species are presented.

Managerial Judging: The 9/11 Responders' Tort Litigation, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr

Faculty Scholarship

No abstract provided.

A Minimal Participatory Condition On Democratic Right, Jeremy Bendik-Keymer

Faculty Scholarship

There are two problems that plagued the construction of representation in the U.S. constitution leading up to its ratification, and these two problems could conceivably be addressed through a single, practical condition on democratic participation. The first problem is the problem of poor judgment. The second problem is the problem of remote representation. In this essay, I will propose that both problems be partially but substantially addressed through a minimum participatory condition on democratic right. Let me first set up each problem textually.

Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova

Faculty Scholarship

Recent estimates of the level of VAT fraud in the EU are commensurate with the EU budget. With the Green paper on the future of VAT, the European Commission stressed the urgency and necessity of comprehensive VAT reforms. This paper analyses the business and legal implications of the recently proposed split-payment mechanism, which, if implemented, would move VAT’s method of collection to real-time. The discussion is positioned in the context of two increasingly visible trends in the EU – the general shift towards greater reliance on indirect taxation and the growing popularity of electronic payment instruments. The potential implementation of …

The Relationship Between Ethnic Identity And Chlamydia And Gonorrhea Infections Among Low-Income Detained African American Adolescent Females, Dexter R. Voisin

Faculty Scholarship

This study explored the relationship between ethnic identity and Chlamydia and Gonorrhea infections among detained African American female adolescents. A cross-sectional survey was conducted among 123 African American female adolescents within eight detention facilities in Georgia. Using audio-computer assisted self-interviewing technology, data were collected on demographics, ethnic identity, laboratory-confirmed Chlamydia and Gonorrhea, and other known correlates for sexually transmitted infections (STIs), such as socioeconomic status, parental monitoring, and risky sexual behaviors. Rates of Chlamydia and Gonorrhea testing yielded incidence rates of 22.6% and 4.3%, respectively. Findings indicated that, controlling for STI correlates, participants who indicated high ethnic identity were 4.3 …

Faculty In The Mist: Ethnographic Study Of Faculty Research Practices, Marilyn R. Pukkila, Ellen L. Freeman

Faculty Scholarship

A report on ethnographic research on college faculty research and teaching methods, with their use of information resources, library services, technology, and academic IT support.

Intellectual Property Training And Education For Development, Peter K. Yu

Faculty Scholarship

Written for a symposium addressing the need to construct a positive policy and research agenda for international intellectual property law, this article explores ways to improve the design and delivery of intellectual property training and educational programs. The article draws on the author's experience as the rapporteur for the International Roundtable on WIPO Development Agenda for Academics.

The article begins by reflecting on WIPO’s changing orientation, outlining the principles and goals recognized in its Development Agenda. It emphasizes the need for an expansion of coverage in intellectual property training and educational programs. It also offers guidelines on ways to redesign …

The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer

Faculty Scholarship

This paper estimates the total cost of patent litigation to alleged infringers. We use a large sample of stock market event studies around the date of lawsuit filings for US public firms from 1984-99. We find that the total costs of litigation are much greater than legal fees and costs are large even for lawsuits that settle. Lawsuits cost alleged infringers about $28.7 million ($92) in the mean and $2.9 million in the median. Moreover, infringement risk rose sharply during the late 1990s to over 14% of R&D spending. Small firms have lower risk relative to R&D.

Mandatory Predispute Consumer Arbitration, Structural Bias, And Incentivizing Procedural Safeguards, Nancy A. Welsh

Faculty Scholarship

Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative” dispute resolution procedures. Mandatory predispute arbitration has generated the most controversy because it appears beset with structural bias. The recent cases of AT&T Mobility LLC v. Concepcion and Compucredit Corp. v. Greenwood have raised additional concerns as the Supreme Court has announced that corporations can force consumers to arbitrate their private and statutory claims and give up their rights to pursue class relief. This Article begins by arguing that the Supreme Court’s enthusiastic embrace of mandatory predispute arbitration should be understood primarily …

Not So Obvious After All: Patent Law's Nonobviousness Requirement, Ksr, And The Fear Of Hindsight Bias, Glynn S. Lunney Jr, Christian T. Johnson

Faculty Scholarship

Before the creation of the Federal Circuit in 1982, nonobviousness served as the primary gatekeeper for patents. When patent holders sued for infringement and lost, more than sixty percent of the time, they lost on the grounds that their patent was obvious. With the advent of the Federal Circuit, nonobviousness became a much less difficult hurdle to surmount. From 1982 until 2005, when patent holders sued for infringement and lost, obviousness was the reason in less than fifteen percent of the cases. While obviousness remained formally a requirement of patent protection, there can be little doubt that the Federal Circuit …

Peer Assessments Of Group Project Work: Infusing Fairness Into Students’ Assessments Of Peer Contributions, Okey Peter Onyia

Faculty Scholarship

This paper contains results of an empirical study that tested the efficacy and acceptability of two templates designed to fully involve students in proper and fair peer-assessments of their group project work (GPW) by providing concrete evidence of independent progressive documentation of their peers’ contributions to the work-process and end-product(s).

Two compatible templates – the Progressive Evaluation Template (PET) and the Peer Assessment Criteria Template (PACT) – were developed to enable students provide progressive documentation of their peers’ contributions to the student-led group project process in order to support the marks they award their peers and, at the same time, …

Prospective Analysis Of Early Lapse To Drinking And Smoking Among Individuals In Concurrent Alcohol And Tobacco Treatment [Post-Print], Laura Holt

Faculty Scholarship

The aims of the current study were to examine, prospectively, (a) dynamic changes in affective state, self-efficacy, and urge in the hours before initial smoking and drinking lapses among individuals in concurrent alcohol and smoking treatment, and (b) the extent to which self-efficacy, urge to use, and/or the use of one substance predicted lapse to the other substance. Ninety-six men and women recruited for a clinical trial of concurrent alcohol and tobacco treatment were eligible for inclusion. Only data from those who experienced an initial lapse to drinking (n = 29) or smoking (n = 32) were included. Two outpatient …

Wall Street Rules Applied To Remic Classification, David Reiss, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Nature, Culture, And Social Engineering: Reflections On Evolution And Equality, Linda C. Mcclain

Faculty Scholarship

This book chapter explores evolution and morality by considering the appeal to nature, and in particular to how evolution has shaped female and male brains differently, to explain evident sex differences and the persistence of sex inequality. It uses as illustrative the popularizing accounts of male and female brains found in Louann Brizendine, The Female Brain and The Male Brain, and the portrayal in such accounts of fundamental male and female differences in human mate selection and parenting. Drawing on the work of scientist and philosophers, the chapter critiques these accounts for engaging in an increasingly popular “neurosexism.” Such neurosexism …

Protecting Our Natural Environment, Denise D. Fort

Faculty Scholarship

We don’t have a framework for protecting the ecological aspects of rivers and streams and that’s what I want to talk about today. We have failed to protect these natural values in our rivers, and my concern as we look toward the future is what sorts of steps Congress should take to stem further damage and to help us restore our rivers and streams.

My first point is that New Mexico should manage water demand rather than investing in large-scale water projects. My second recommendation and that is restoration. Restoration of the state’s rivers is something we had begun to …

Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, Frederick Tung, M Todd Henderson

Faculty Scholarship

In the years before the Financial Crisis, banks got to pick their regulators, engaging in a form of regulatory arbitrage that we now know was a race to the bottom. We propose to turn the tables on the banks by allowing regulators, specifically, bank examiners, to choose the banks they regulate. We call this “reverse regulatory arbitrage,” and we think it can help improve regulatory outcomes. Building on our prior work that proposes to pay bank examiners for performance — by giving them financial incentives to avoid bank failures — we argue that bank supervisory assignments should be set through …

Un Modo Più Chiaro: Francesco Scannelli, Guercino And The Physiology Of Style, James Hutson

Faculty Scholarship

The mid-seicento in Italy witnessed a sustained proliferation of writers on art scattered throughout more regions than had been common in the previous century, leading to an era defined by arguments over the qualities and values of style.1 In the Preface for his Vite de 'pittori, scultori ed architetti of ca.1673-79, Giovanni Battista Passeri lamented the fact that: «Today it is fashionable for painters to do nothing but squabble among themselves about manner, taste, and style, and this arose because the reasoning is not established according to solid principles ».2 The querulous nature of the age has made it difficult …

Avoidable “Fraccident”: An Argument Against Strict Liability For Hydraulic Fracturing, Joseph A. Schremmer

Faculty Scholarship

Whether fracking is an abnormally dangerous activity for purposes of strict liability appears to be an issue of first impression. That larger issue primarily turns on a smaller one: whether fracking accidents—or “fraccidents”—are avoidable or unavoidable. To that end, this Comment argues that when practiced with reasonable care and in the vicinity of other petroleum production, fraccidents are avoidable, and thus, fracking is not abnormally dangerous. Instead of strict liability, courts should combine a negligence standard with res ipsa loquitur to determine liability of fracking companies that contaminate water sources. First, this Comment will present background on the process and …

Secondary Cities And The Global Economy, Xiangming Chen, Ahmed Kanna

Faculty Scholarship

Cities operate today in a more complex, indeed, global world. Cities help shape the global economy and culture, and are affected by it as they grow or decline. Cities change in varying ways in response to local and extra-local conditions. In this article, we address the understudied but distinctive conditions and roles of so-called secondary cities in the global economy. The critical importance of many secondary cities stems from and sustains their historical path of development and their shifting positions in national and global urban systems.

The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz

Faculty Scholarship

No abstract provided.

American Bar Association Section Of Environment, Energy, And Resources Symposium: Selected Addresses [Comments], Eileen Gauna

Faculty Scholarship

Opening remarks for Environmental Justice conference that reviews the growth and efforts made for environmental justice.

Dead Document Walking, Gary S. Lawson

Faculty Scholarship

As this symposium commences, originalism is a hot topic to discuss and a cool position to advocate. Either portion of that statement would have been nearly inconceivable two decades ago when I started in academia. Originalism at that time was something of an intellectual backwater, with a very limited set of adherents and an even more limited set of critics who were willing to take originalist ideas seriously.1

Purines And Neuronal Excitability: Links To The Ketogenic Diet [Post-Print], Susan A. Masino, Masahito Kawamura Jr., David N. Ruskin, J D. Geiger, D. Boison

Faculty Scholarship

ATP and adenosine are purines that play dual roles in cell metabolism and neuronal signaling. Acting at the A(1) receptor (A(1)R) subtype, adenosine acts directly on neurons to inhibit excitability and is a powerful endogenous neuroprotective and anticonvulsant molecule. Previous research showed an increase in ATP and other cell energy parameters when an animal is administered a ketogenic diet, an established metabolic therapy to reduce epileptic seizures, but the relationship among purines, neuronal excitability and the ketogenic diet was unclear. Recent work in vivo and in vitro tested the specific hypothesis that adenosine acting at A(1)Rs is a key mechanism …

Conformational Behavior Of Symmetrical And Unsymmetrical Mono(Alkynylpeptide)-Tungsten Complexes [Post-Print], Timothy P. Curran, Whitney E. Smith, Peter C. Hendrickson

Faculty Scholarship

A series of N-protected amino acid alkynylesters were prepared by reaction of the amino acid carboxylate group with either propargyl alcohol (to yield the asymmetric esters 2a–c) or with 1, 4-but-2-yne diol (to yield the symmetric esters 3a–d). The alkynylesters were reacted with W(CO)₃(dmtc)₂ to yield monoalkyne complexes having the general formula W(CO)(dmtc)₂(alkynyl ester). The monoalkyne complexes 6a–f were unstable in the presence of oxygen and had to be kept under an inert atmosphere. Analysis of the NMR spectra of the monoalkyne complexes showed that two diastereomers …

Introduction: Symposium On ‘Convicting The Innocent, Brandon L. Garrett

Faculty Scholarship

Examining what went wrong in the first 250 DNA exonerations was a sobering occupation, and I describe what I found in my book Convicting the Innocent, published by Harvard University Press in 2011. Still more haunting is the question of how many other wrongful convictions have not been uncovered and will never see the light of day. The New England Law Review has brought together a remarkable group of scholars who have each made leading contributions to the study of wrongful convictions from different disciplines and scholarly perspectives: Simon Cole, Deborah Davis, Gisli H. Gudjonsson, Richard Leo, and Elizabeth Loftus. …