Digital Commons Network^™

Progress Toward Sustainability: A Report Card And A Recommended Agenda, John C. Dernbach

Faculty Scholarship

No abstract provided.

We Have Met The Special Interests, And We Are They, Michael R. Dimino

Faculty Scholarship

No abstract provided.

The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja

Faculty Scholarship

The United States, unlike most developed countries, does not regulate its fertility industry. Rather, it vests control over the industry to professional organizations and to market forces. While lack of regulation has produced a vibrant market for fertility services, it has also produced an undesirable consequence: a high rate of multiple gestation pregnancies, including twin pregnancies. This Article summarizes the data on the medical, psychological, and financial costs associated with multiple pregnancies to the parents, the children, and American society. It suggests that the current U.S. regulatory regime has not only failed to address these costs as they surfaced but …

Making Peace And Making Money: Economic Analysis Of The Market For Mediators In Private Practice, Urska Velikonja

Faculty Scholarship

Mediation has grown tremendously in the last three decades, yet only a small number of mediators have been able to benefit financially from its growth. The supply of willing mediators by far exceeds the demand for their services. Mediator trainee overoptimism and the lack of formal barriers to entry result in excess entry in the market for mediators. However, the lack of a formal barrier, but the existence of de facto barriers to entry, such as mediator selection practices and specialization, combined with excessive individual optimism, creates inefficiently high levels of entry. This is socially suboptimal: many aspirant mediators spend …

Note To Athletes, Nfl, And Nba: Dog Fighting Is A Crime, Not A Sport, Phyllis G. Coleman

Faculty Scholarship

Americans were finally forced to face the issue of animal abuse and professional athletes when investigators discovered 66 pit bulls, in addition to dog fighting equipment, at a home owned by "pro football's most electrifying quarterback." Although Michael Vick insisted he did not live in the house, and initially denied knowledge of any such activity on his Virginia property, stories of his involvement continued to swirl around the Atlanta Falcons' franchise player. On July 17, 2007, Vick and three others were indicted by a federal grand jury for competitive dog fighting, procuring and training pit bulls for fighting, and conducting …

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Red Detachment Of Women And The Enterprise Of Making ‘Model’ Music During The Chinese Cultural Revolution, Clare Sher Ling Eng

Faculty Scholarship

Artworks produced with official sanction during periods marked by turmoil and human suffering are challenging subjects for scholars who would like to discuss them in a fair and responsible manner. If they aestheticize the works’ form and political affiliation, how would they be doing justice to these works whose creation and content are so meshed with the politics of their time? On the other hand, can an approach that takes ideology into account be developed that does not appear to ignore, condone or support the odious acts of violence associated with those periods? This article explores the latter question with …

The Uniform Commercial Code Survey: Introduction, Robyn L Meadows, Russell A. Hakes, Stephen L. Sepinuck

Faculty Scholarship

No abstract provided.

Sales, Robyn L Meadows, Jennifer S. Martin

Faculty Scholarship

No abstract provided.

Electronic Contracting Cases 2008-2009, Juliet M Moringiello, William L Reynolds

Faculty Scholarship

No abstract provided.

How To Improve Empirical Desert, Adam Kolber

Faculty Scholarship

No abstract provided.

Federal Criminal Litigation In 20/20 Vision, Susan Herman

Faculty Scholarship

No abstract provided.

Securities Laws In Soap Operas And Telenovelas: Are All My Children Engaged In Securities Fraud?, Elena Marty-Nelson

Faculty Scholarship

Securities law images are broadcast to millions worldwide through soap operas and telenovelas. Doctors, and professionals in other fields, have recognized the power of dramatic serials. They have generated a rich body of scholarship demonstrating how these mediums of popular culture impart health messages or effect social change. This author describes some of those empirical studies and suggests that legal scholars conduct similar empirical or ethnographic studies, particularly on the impact of portrayals of complex legal issues such as securities fraud in serials. The author explains differences and similarities between telenovelas and soap operas and compares portrayals of legal issues …

Improving The Odds Of Government Accountability In The Disaster-Prone Era: Using The 9/11 Fund Factors To Remedy The Problem Of Toxic Katrina Trailers, Olympia Duhart

Faculty Scholarship

This article analyzes the dangers surrounding the toxicity levels in the trailers issued to Katrina survivors by FEMA, and identifies serious medical complications stemming from the temporary homes. Lack of government oversight in the process led to the distribution of formaldehyde-laced trailers that cost the government more than $2 billion and continue to poison residents years after the storm. Furthermore, the failures connected to disaster relief are even more disturbing in this disaster-prone era. More importantly, this paper also proposes the creation of a Toxic Trailer Fund to compensate residents of toxic FEMA trailers. Using the factors implicitly established by …

Shareholder Democracy And The Sec's Proxy Rules: In The Boardroom, Marilyn Blumberg Cane

Faculty Scholarship

Marilyn Cane, Shareholder Democracy and the SEC's Proxy Rules: In the Boardroom, 15 Fordham Journal of Corporate & Finance Law 241 (2009).

Of The People, By The People, For The People: Lincoln's Legacy Of Financial And Economic Sovereignty, Timothy A. Canova

Faculty Scholarship

Timothy Canova, Of the People, By the People, For the People: Lincoln's Legacy of Financial and Economic Sovereignty, 12 Chapman Law Review 561 (2009). This article considers Lincoln’s system of public finance in a broad historical perspective. In the weeks prior to Lincoln‘s inauguration, the financial markets were swept by panic, the hoarding of gold, and a crisis perhaps more dangerous than other classic Keynesian liquidity traps, such as in March 1933 and September 2008. In 1861, there was no central bank with the authority to issue currency and inject liquidity into the financial system to try to restrain …

Note To Athletes, Nfl, And Nba: Dog Fighting Is A Crime, Not A Sport, Phyllis G. Coleman

Faculty Scholarship

Phyllis Coleman, Note to Athletes, NFL, and NBA: Dog Fighting is a Crime, Not a Sport, 3 Journal of Animal Law & Ethics 85 (2009). Americans were finally forced to face the issue of animal abuse and professional athletes when investigators discovered 66 pit bulls, in addition to dog fighting equipment, at a home owned by "pro football's most electrifying quarterback." Although Michael Vick insisted he did not live in the house, and initially denied knowledge of any such activity on his Virginia property, stories of his involvement continued to swirl around the Atlanta Falcons' franchise player. On July …

A Property Theory Of Contract, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Ecosystem Services In Decision Making: Time To Deliver, James Salzman, Gretchen C. Daily, Stephen Polasky, Joshua Goldstein, Peter M. Kareiva, Harold A. Mooney, Liba Pejchar, Taylor H. Ricketts, Robert Shallenberger

Faculty Scholarship

Over the past decade, efforts to value and protect ecosystem services have been promoted by many as the last, best hope for making conservation mainstream – attractive and commonplace worldwide. In theory, if we can help individuals and institutions to recognize the value of nature, then this should greatly increase investments in conservation, while at the same time fostering human well-being. In practice, however, we have not yet developed the scientific basis, nor the policy and finance mechanisms, for incorporating natural capital into resource- and land-use decisions on a large scale. Here, we propose a conceptual framework and sketch out …

Living In Interesting Times: President Obama And The Rebirth Of The Labor Movement, Daniel S. Bowling Iii

Faculty Scholarship

Legislation has been introduced in the United States that will allow workers to form unions without secret ballot voting among prospective members. This legislation, in its current form, is the most radical change in Federal law governing union recognition in its history. While passage of the legislation is far from certain, it has generated much discussion and argument, most of it polemical. This article examines the issue from a more academic perspective, reviewing the history of organizing and how management practices have developed that effectively use the current election process as a tool to resist organizing efforts, and the effect …

Mode Dercalization In 1d Photonic Crystal Lasers, Yeheng Wu, Kenneth D. Singer, Rolfe G. Petschek, Hyunmin Song, Eric Baer, Anne Hiltner

Faculty Scholarship

We have investigated the formation of in-bandgap delocalized modes due to random lattice disorder as determined from the longitudinal mode spacing in a distributed Bragg laser. We were able to measure the penetration depth, and from transfer matrix simulations, determine how the localization length is altered for disordered lattices. Transfer matrix simulations and studies of the ensemble average were able to connect the gap delocalized modes to localized modes outside of the gap as expected from consideration of Anderson localization, as well as identify the controlling parameters.

Building Mixed-Income Communities: Documenting The Experience In Chicago Mixed-Income Development Study, Mark L. Joseph

Faculty Scholarship

Te goal of the research study is to inform a broad audience—including the developers and their social service partners, the Chicago Housing Authority, other community and public agency stakeholders, and other local and national practitioners and policymakers—about the early unfolding of and emerging lessons from the mixedincome component of the Plan for Transformation.

Music And Community: Interdependence And Shared Learning In An Undergraduate Elementary Music Methods Course, Lisa Huisman Koops

Faculty Scholarship

In this study, the author investigated the creation of a community of learners in an under- graduate elementary music methods course. Participants included undergraduate students (n = 23) and a professor at a Midwestern liberal arts college. Data consisted of fieldnotes from class observations and interviews with the professor and students. The following priorities and concepts emerged as themes: interdependence, shared learning, personal growth, safe environment, and inclusiveness. The success of the community of learners seemed to be due in part to the professor’s dynamic, student-centered, interdependent approach to the course. Transferable aspects related to the creation of a community …

The Practice Of Ethics, Jeremy Bendik-Keymer

Faculty Scholarship

The point of this talk is not to school you in the practice of ethics, but to raise questions about the practice of ethics. There is a standard picture of the practice of ethics that goes like this:

Ethical theory is done in a classroom. It is divided into normative theory, meta-ethics, and descriptive ethics. Students learn to see how the ethics in their society and community works; they learn how to discover true ethical beliefs and sometimes discover them during class. Through meta-ethics, they understand what it is to have an ethical belief. Then –and here comes the practice …

The Notsogolden Years Why Hate Crime Legislation Is Failing A Vulnerable Aging Population, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.

Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope

Faculty Scholarship

2.6 million Americans die each year. A majority of these deaths occur in a healthcare institution as the result of a deliberate decision to stop life sustaining medical treatment. Unfortunately, these end-of-life decisions are marked with significant conflict between patients' family members and healthcare providers. Healthcare ethics committees (HECs) have been the dispute resolution forum for many of these conflicts.

HECs generally have been considered to play a mere advisory, facilitative role. But, in fact, HECs often serve a decision making role. Both in law and practice HECs increasingly have been given significant authority and responsibility to make treatment decisions. …

International Sale Of Goods 2008, Gregory M. Duhl

Faculty Scholarship

This is a survey of key cases decided by U.S. courts in 2008 interpreting the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). Courts interpreted the scope, formation, modification, excuse, notice, and remedies provisions of the CISG.

My Lawyer Told Me To Say I'M Sorry: Lawyers, Doctors, And Medical Apologies, Peter B. Knapp

Faculty Scholarship

The role of apologies in litigation has received a great deal of attention in the last ten years. This is particularly true of “medical apologies,” those expressions of regret and, in some cases, admissions of responsibility made by health care professionals. Two recent trends have prompted examination of medical apologies. First, widely reported empirical studies suggest that patients and their families may be less likely to bring malpractice lawsuits following adverse outcomes if treating physicians have apologized. Second, over about the past ten years, two-thirds of the states have adopted statutes that exclude these apologies from evidence if there is …

The Great Bailout Of 2008-09, Frederick Tung

Faculty Scholarship

My task today is to talk about the financial crisis. I only have a short time to talk, so rather than try to give you a comprehensive analysis of events, I'm going to offer some of my own idiosyncratic takes on what has been happening. In addition, I will introduce my own small reform proposal for regulating bank risk taking. So, I'll give you a little bit of news, a little bit of weather, a little bit of everything.

Where are we now? Let us begin with a statement Henry Paulson made six months ago while Bear Steams was getting …