Digital Commons Network^™

Legal Transitions And The Problem Of Reliance, David M. Hasen

Publications

This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the …

Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey

Publications

The provocation defense, which mitigates murder to manslaughter for killings perpetrated in the heat of passion, is one of the most controversial doctrines in the criminal law because of its perceived gender bias; yet most American scholars and lawmakers have not recommended that it be abolished. This Article analyzes trendsetting feminist homicide law reforms, including the abolition of the provocation defense in three Australian jurisdictions, places these reforms in historical context, and assesses their applicability to the United States. It ultimately advocates reintroducing the concept of justified emotion, grounded in modern equality principles and social values, as a requirement for …

The Relevance Of Results Generated By Human Indexing And Computer Algorithms: A Study Of West's Headnotes And Key Numbers And Lexisnexis's Headnotes And Topics, Susan Nevelow Mart

Publications

This article begins the investigation into the different ways results are generated in West's "Custom Digest" and in LexisNexis's "Search by Topic or Headnote" and by KeyCite and Shepard's. The author took ten pairs of matching headnotes from important federal and California cases and reviewed the results sets generated by each classification and citator system for relevance. The differences in the results sets for classification systems and for citator systems raise interesting issues about the efficiency and comprehensiveness of any one system, and the need to adjust research strategies accordingly

Long Lines At Polling Stations? Observations From An Election Day Field Study, Douglas M. Spencer, Zachary S. Markovits

Publications

This pilot study represents the first systematic attempt to determine how common lines are on Election Day, at what times of day lines are most likely to form, what are the bottlenecks in the voting process, and how long it takes an average citizen to cast his or her ballot. This study highlights the importance of evaluating polling station operations as a three-step process: arrival, check-in, and casting a ballot. We collected data during the 2008 presidential primary election in California, measuring the efficiency of the operational components of 30 polling stations across three counties. We found statistically significant, and …

A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin

Publications

Recent years have seen a proliferation of so-called “castle doctrine” statutes – laws that provide home dwellers with more expansive self-defense protections if they resort to lethal force in confrontations with intruders. The passage of such laws and subsequent uses of the defense have captured the public imagination, prompting significant media attention, as well as skeptical and critical scholarship from the legal academic community.

Considering the current prevalence of castle laws and the often polarized nature of the debate concerning their application, this Article argues that it is important to excavate the doctrine from the culture wars rhetoric in which …

Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen

Publications

This article revises widespread application of the racialization thesis to Arabs, Muslims, and South Asians following September 11. It suggests in its place an “alienation thesis” to describe the formation of an alien identity for those perceived and treated as noncitizens. This thesis draws on Asian American and critical race scholarship to re-interpret sociological understandings of the post-September 11 response to Arabs, Muslims, and South Asians. The article concludes that shifting conceptions of this phenomenon is critical to reforming “alienating” practices that function not only to cause harm to their intended targets, but also to distort the legal requirements of …

Racial Cartels, Daria Roithmayr

Publications

This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of "racial cartels." We can define racial cartels to include a range of all-White groups-homeowners' associations, school districts, trade unions, real estate boards and political parties who gained significant social, economic and political profit from excluding on the basis of race. Far from operating on the basis of irrational animus, racial cartels actually derived significant profit from racial exclusion. By creating racially segmented housing markets, for example, exclusive White homeowners' associations enjoyed higher property values that depended not …

Coercing Voluntariness, Wadie E. Said

Publications

No abstract provided.

Book Review: Digital Forensic Evidence Examination, Gary C. Kessler

Publications

This document is Dr. Kessler's review of the second edition of Digital Forensic Evidence Examination by Fred Cohen. ASP Press, 2010. ISBN: 978-1-878109-45-3

Forensic Analysis Of A Playstation 3 Console, Scott Conrad, Greg Dorn, Philip Craiger

Publications

The Sony PlayStation 3 (PS3) is a powerful gaming console that supports Internet-related activities, local file storage and the playing of Blu-ray movies. The PS3 also allows users to partition and install a secondary operating system on the hard drive. This “desktop-like” functionality along with the encryption of the primary hard drive containing the gaming software raises significant issues related to the forensic analysis of PS3 systems. This paper discusses the PS3 architecture and behavior, and provides recommendations for conducting forensic investigations of PS3 systems.

Utilizing The Technology Acceptance Model To Assess The Employee Adoption Of Information Systems Security Measures, Cynthia M. Jones, Richard V. Mccarthy, Leila Halawi, Bahaudin Mujtaba

Publications

In this study, the factors that affect employee acceptance of information systems security measures were examined by extending the Technology Acceptance Model. Partial least squares structural equation modeling was applied to examine these factors. 174 valid responses from employees from companies in various industry segments in the United States and Canada were analyzed. The results of the statistical analysis indicate that subjective norm moderated by management support showed the strongest effect on intention to use information systems security measures.

Characteristics Of La Literatura: A Reference Study Of Spanish And Latin American Literature, David S. Nolen

Publications

The goal of this study is to examine the characteristics of scholarly communication, with particular emphasis on the usage of the monograph, in the field of Spanish and Latin American literature over a 30-year period. In addition, this study examines the age of materials referenced in an effort to gain insight into the shelf-life of these materials. Although monographs and literary works predominated, the usage of volumes of collected essays showed significant increase. Monographs, collected essays, and journal articles published within the preceding 20–25 years were most referenced.

Book Review: Visual Motion Of Curves And Surfaces, Andrei Ludu

Publications

This is Dr. Ludu's review of the book Visual Motion of Curves and Surfaces by Roberto Cipolla and Peter Giblin. Published by Cambridge University Press in 2009. ISBN: 978-0-521-63251-5.

Temporal Scales For Transport Patterns In The Gulf Of Finland, Bert Viikmae, Tarmo Soomere, Mikk Viidebaum, Mihhail Berezovski

Publications

The basic time scales for current-induced net transport of surface water and associated time scales of reaching the nearshore in the Gulf of Finland, the Baltic Sea, are analysed based on Lagrangian trajectories of water particles reconstructed from three-dimensional velocity fields by the Rossby Centre circulation model for 1987–1991. The number of particles reaching the nearshore exhibits substantial temporal variability whereas the rate of leaving the gulf is almost steady. It is recommended to use an about 3 grid cells wide nearshore area as a substitute to the coastal zone and about 10–15 day long trajectories for calculations of the …

Lessons From Mazibuko: Persistent Inequality And The Commons, Daria Roithmayr

Publications

No abstract provided.

The False Promise Of Retributive Proportionality, Aya Gruber

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No abstract provided.

Deregulation Pas De Deux: Dual Regulatory Classes Of Financial Institutions And The Path To Financial Crisis In Sweden And The United States, Erik F. Gerding

Publications

This article presents the following model of two regulatory classes of financial institutions interacting in financial and political markets to spur deregulation and riskier lending and investment, which in turn contributes to the severity of a financial crisis: 1) Regulation creates two categories of financial institutions. The first class faces greater restrictions in lending or investment activities but enjoys regulatory subsidies, such as an explicit or implicit government guarantee, while the second class is more loosely regulated and can make riskier loans or investments and earn additional profits. 2) These additional profits leads to calls for deregulation to enable the …

Telling Through Type: Typography And Narrative In Legal Briefs, Derek H. Kiernan-Johnson

Publications

Most legal authors today self-publish, using basic word-processing software and letting the software’s default settings determine what their documents will look like when printed. As these settings are not optimized for legal texts, they do so at their peril. The default font Times New Roman, for example, as Chief Judge Frank Easterbrook warns, is "utterly inappropriate for long documents [such as] briefs."

Commentators have started urging a more deliberate approach to legal typography. Their suggestions, however, have been content-neutral, intended for all legal texts and focused on goals such as legibility and readability.

Typography, however, has much greater potential. The …

Energy Justice And Sustainable Development, Lakshman Guruswamy

Publications

Sustainable Development ("SD")--an expression of distributive justice--is the foundational premise of international energy and environmental law. It posits that international answers to environmental and energy problems cannot be pursued as independent and autonomous objectives but must be addressed within the framework of economic and social development. SD has been politically institutionalized in the Millennium Development Goals and a plethora of significant international instruments. Perhaps more importantly from a legal standpoint, SD is unequivocally codified, in the most widely accepted international energy and environmental treaties. This Article affirms the importance and continuing applicability of SD to the "other" third of the …

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Publications

The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court's long struggle with the desegregation of public schools. This Article examines the decision's implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent on existing, de …

Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid

Publications

In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminating Fourth Amendment protection in information turned over to third parties - regardless of any subjective expectation of privacy or confidentiality in the information on the part of the revealer. This so-called “third-party” doctrine of the Fourth Amendment has become increasingly controversial in light of the growing societal reliance on the Internet in the United States, where nearly every transaction requires a user to turn information over to at least one third party: the Internet service provider (“ISP”).

Citing the scholarship that has criticized the third-party …

Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan

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No abstract provided.

Colorado Legal Ethics: Guide To Resources, Robert M. Linz

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No abstract provided.

Climate Change In The Casco Bay Watershed: Past, Present, And Future, Cameron Wake, Elizabeth Burakowski, Katharine Hayhoe, Chris Watson, Ellen Douglas, Jeff Vandorn, Vaishali Naik, Claire Keating

Publications

This report describes how the climate of Casco Bay watershed in Maine has changed over the past century and how the future climate of the region is likely to be affected by human emissions of heat-trapping greenhouse gases that are warming the planet. Overall, the region has been getting warmer and wetter over the last century, and these trends have increased over the last four decades. To generate future projections for Portland, Farmington, and Lewiston, simulated temperature and precipitation from four climate models were fitted to local, long-term weather observations. Unknowns regarding fossil fuel consumption were accounted for by using …

A New North American Genus Of Hetaeraiinae (Coleoptera: Histeridae), With Descriptions Of Six New Species From The U.S.A. And Mexico, Michael S. Caterino, Alexey K. Tishechkin

Publications

Renclasea n. gen., a genus of the Hetaeriinae (Histeridae), with six species, R. skelleyi n. sp. (United States: Florida and Georgia), R. falli n. sp. (United States: California), R. helavai n. sp. (United States: Arizona), R. mexicana n. sp. (Mexico: Hidalgo), R. occidentalis n. sp. (United States: Arizona and New Mexico) and R. cazieri n. sp. (United States: Arizona), are described, illustrated and diagnosed. The status of two female specimens of Renclasea from western Texas, apparently closely related to R. occidentalis, remains uncertain. The only host record available for the genus is an association of R. mexicana with undetermined species …

The Future Of Technology In Health Education: Challenging The Traditional Delivery Dogma, Mark J. Kittleson

Publications

Dr. Kittleson's Scholar Talk has been published in the American Journal of Health Education. He identifies issues with the profession in accepting on-line and distance learning as effective, when research clearly demonstrates that such approaches are superior to traditional classroom instruction. He calls for a movement within the profession to truly utilize such technologies.

Airport Bird Hazard Management, Flavio A. C. Mendonca Ph.D.

Publications

Aircraft collisions with birds, also commonly referred to as bird strikes, annually cost the commercial aviation industry in Brazil at least $6 million in direct damage and associated costs and hundreds of hours of aircraft down time. Although the economic costs of wildlife strikes are extreme, the cost in human lives lost when aircraft accidents occur as a result of strikes best illustrates the need for management of the wildlife strike problem. Bird strikes have been an increasing problem for the aviation industry. Air travel has become widespread all over the world. The aircraft has played an important role not …

The Dynamics Of Short-Term Mutual Fund Flows And Returns: A Time-Series And Cross-Sectional Investigation, David Rakowski, Xaioxin Wang

Publications

This study analyzes the dynamics of daily mutual fund flows. A Vector Auto Regression (VAR) of flows and returns shows that the behavior of fund investors is more consistent with contrarian rather than momentum characteristics. Past fund flows have a positive impact on future fund returns, with the long-term information effect dominating the transient price-pressure effect. Seasonality in daily flows, such as day-of-week and day-of-month patterns are present, and daily flows are generally mean-reverting. Probit regressions indicate that fund investment objective, marketing policy and level of active management explain cross-sectional variation in the behavioral patterns displayed in daily flows. Our …

Innovative Public Engagement Practices And Partnerships: Lifting Stakeholder Voices In Education Accountability Policy, Monica Wills, Curtis Brewer, Robert Knoeppel, James Witte, Roy Pargas, Jane Clark Lindle

Publications

In 2008, due to increasing stakeholder dissatisfaction with assessment results and school report cards, South Carolina revised its 1998 Educational Accountability Act and required public engagement with stakeholders including parents/guardians, educators, business and community leaders, and taxpayers. The legislation created partnerships between SC‟s Education Oversight Committee (EOC) and Clemson University. The project also brought together within the university the fields of Applied Sociology, Computer Science, and Educational Leadership. The project involved mixed methods using phone/web surveys with focus groups eliciting perceptions from key stakeholders and under-represented voices in the surveys.

The White Dwarfs Within 20 Parsecs Of The Sun: Kinematics And Statistics, Edward M. Sion, J. B. Holberg, Terry D. Oswalt, George P. Mccook, Richard Wasatonic

Publications

We present the kinematical properties, distribution of spectroscopic subtypes, and stellar population subcomponents of the white dwarfs within 20 pc of the Sun.We find no convincing evidence of halo white dwarfs in the total 20 pc sample of 129 white dwarfs nor is there convincing evidence of genuine thick disk subcomponent members within 20 parsecs. Virtually, the entire 20 pc sample likely belongs to the thin disk. The total DA to non-DA ratio of the 20 pc sample is 1.6, a manifestation of deepening envelope convection which transforms DA stars with sufficiently thin H surface layers into non-DAs. The addition …