Digital Commons Network^™

The Great Transformation Of Regulated Industries Law, Joseph D. Kearney, Thomas W. Merrill

Faculty Scholarship

The nation's approach to regulating its transportation, telecommunications, and energy industries has undergone a great transformation in the last quarter-century. The original paradigm of regulation, which was established with the Interstate Commerce Act's regulation of railroads beginning in 1887, was characterized by legislative creation of an administrative agency charged with general regulatory oversight of particular industries. This approach did not depend on whether the regulated industry was naturally competitive or was a natural monopoly, and it was designed to advance accepted goals of reliability and, in particular, non-discrimination. By contrast, under the new paradigm, which is manifested most clearly in …

Federal Criminal Law, Congressional Delegation, And Enforcement Discretion, Daniel Richman

Faculty Scholarship

Much of the literature on federal criminal law bemoans the extent to which Congress has abdicated its legislative responsibilities and left enforcement decisions to prosecutorial discretion. Many critics have sought to compensate for the absence of appropriate legislative specificity by proposing other devices for limiting prosecutorial power, many of which would centralize enforcer authority. Guided by recent work in positive political theory, Professor Daniel Richman argues that such claims of legislative abdication overlook the attention that Congress has given to the organization and activities of the federal enforcement bureaucracy. By showing the extent to which Congress balances concern with enforcer …

Toward A Principled Interpretation Of The Commerce Clause, Thomas W. Merrill

Faculty Scholarship

Formalism is the jurisprudence of rules. Functionalism is the jurisprudence of balancing tests. If forced to choose between formalism and functionalism, I would probably come down on the side of formalism. I would not do so, however, because there is some meta-rule that prescribes formalism. Rather, it would be because formalism, on balance, has better consequences than functionalism – in other words, because there are good functionalist reasons to be a formalist.

Where I part company with many constitutional formalists is not so much over the desirability of rules as opposed to ad hoc balancingbut rather over the generality and …

Putting Sex To Work, Katherine M. Franke

Faculty Scholarship

When I was living in New Haven a number of years ago, a miracle happened that drew people by the thousands to witness evidence of the Divine. A crucifix had been found to appear in the body of an oak tree in the middle of Worchester Square. I went – after all, how often do you get to see that kind of thing? Not surprisingly, at first I couldn't see anything but the usual trunk and limbs of a tree. Yet a believer took the time to show me what was really there, something that my untrained eye could not …

Does The Constitution Require That We Kill The Competitive Goose? Pricing Local Phone Services To Rivals, William J. Baumol, Thomas W. Merrill

Faculty Scholarship

This Article concludes a series by these authors and Professors J. Gregory Sidak and Daniel F. Spulber, published last year in this journal. Here, Professors Baumol and Merrill address the issues surrounding the pricing of local phone services to long distance rivals, clarifying their points of agreement and disagreement with Sidak and Spulber. In their previous articles, Sidak and Spulber argued that the movement toward competition in local telephone service should be accompanied by substantial compensation to existing local telephone carriers, a view that Baumol and Merrill do not share. Rather, they note three points of disagreement between Sidak and …

The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss

Faculty Scholarship

Both the structure of the Constitution and elementary civics texts imagine an Executive Branch under the close, unitary control of an elected chief executive, the President. Doubtless from the start, and unmistakably in the administrative state, the reality has been quite different. Those to whom Congress has delegated authority to act, particularly in that domain that we have in mind when invoking a "government of laws," conduct their business within a web more aptly described as coordination than control. In regulatory matters, the coordinating impulses run through the Department of Justice ("DOJ") and, increasingly, the Office of Information and Regulatory …

Gender Sex Agency And Discrimination: A Reply To Professor Abrams, Katherine M. Franke

Faculty Scholarship

According to the Equal Employment Opportunity Commission, sexual harassment is the fastest-growing area of employment discrimination. In fact, the annual number of sexual harassment complaints filed with the EEOC has more than doubled in the last six years. No one, or at least no one who has given this problem her serious attention, can deny that workplace sexual harassment is a grave problem and that it significantly impedes women's entrance into many sectors of the wage labor market.

Notwithstanding these impressive numbers, sexual harassment legal doctrine remains remarkably undertheorized – particularly by the Supreme Court. For these and other reasons, …

Declining Homicide In New York City: A Tale Of Two Trends, Jeffery Fagan, Franklin E. Zimring, June Kim

Faculty Scholarship

The mass media pay plenty of attention to crime and violence in the United States, but very few of the big stories on the American crime beat can be classified as good news. The driveby shootings and carjackings that illuminate nightly news broadcasts are the opposite of good tidings. Most efforts at prevention and law enforcement seem more like reactive attempts to contain ever expanding problems rather than discernable public triumphs. In recent American history, crime rates seem to increase on the front page and moderate in obscurity.

The recent decline in homicides in New York City is an exception …

A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel

Faculty Scholarship

In this Article, Professors Dorf and Sabel identify a new form of government, democratic experimentalism, in which power is decentralized to enable citizens and other actors to utilize their local knowledge to fit solutions to their individual circumstances, but in which regional and national coordinating bodies require actors to share their knowledge with others facing similar problems. This information pooling, informed by the example of novel kinds of coordination within and among private firms, both increases the efficiency of public administration by encouraging mutual learning among its parts and heightens its accountability through participation of citizens in the decisions …

Conflicts Consent And Allocation After Amchem Products – Or Why Attorneys Still Need Consent To Give Away Their Clients' Money, John C. Coffee Jr.

Faculty Scholarship

If it was the goal of Silver and Baker to write a provocative article, they have succeeded. They ask probing questions; they are appropriately scornful of superficial answers; and they seek to relate their view of legal ethics to what they perceive to be the prevailing standards in the legal marketplace. All this is good. They also usefully focus on an underappreciated dichotomy: the ethical rules governing aggregated settlements in consensual litigation versus the rules applicable in aggregated nonconsensual litigation (i.e., class actions). Essentially, they argue that the rules in both contexts should be the same or very similar, the …

Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman

Faculty Scholarship

One hundred days after taking office as Chief Executive of the Hong Kong Special Administrative Region (Hong Kong SAR) of the People's Republic of China, Tung Chee-hwa pledged both to take steps to improve Hong Kong's environment, and to increase coordination of environmental policy with officials in neighboring Guangdong Province. Tung's comments marked a rhetorical shift from environmental policy in British Hong Kong: eight years earlier, the Hong Kong government's first White Paper on environmental policy, Pollution in Hong Kong – A Time to Act, made only passing mention of China. Yet the White Paper was not alone in …

Is There A Future For Future Claimants After Amchem Products, Inc. V. Windsor?, Alex Raskolnikov

Faculty Scholarship

In September 1990, the Chief Justice of the U.S. Supreme Court appointed an Ad Hoc Committee on Asbestos Litigation in response to what was widely perceived as a "'failure of the federal court system to perform one of its vital roles in our society.'" Less than a year later, the Judicial Panel on Multidistrict Litigation transferred all untried asbestos cases to the eastern district of Pennsylvania for pretrial proceedings. In January 1993, these proceedings produced a global settlement class action of historic proportions, which the district court eventually approved in August 1994. In May 1996, in Georgine v. Amchem Products, …

The General Aviation Revitalization Act Of 1994: An Overview Of Tort Reform, Alan J. Stolzer

Journal of Aviation/Aerospace Education & Research

The aviation industry, not yet a century old, has developed into one of the most robust, visible, and analyzed industries in the world today. Despite its youth, aviation is a sizable industry, employing an estimated nearly 2.5 million people (NewMyer, Kaps & Sharp, 1997), and generating $75 billion of economic activity in the United States (Kane, 1996). Its size, its importance in our society, and, unfortunately, the occasional mishap that occurs in aviation, cause the industry to be constantly in the public eye. One can hardly watch the evening news or read a newspaper and not be exposed to a …

Careers And Contingency, Gillian Lester

Faculty Scholarship

Disagreement among legal scholars over the phenomenon of "contingent employment" – work having limited hours, duration, or security – has led to disparate prescriptions for legal reform. For some, the best solution would be to either leave the market alone, or eliminate existing regulations that drive employers to create contingent jobs. Others believe current regulations do not go far enough and advocate reforms ranging from expanding mandatory benefits and protections to facilitating collective bargaining among contingent workers in order to restore such benefits as long-term security, training, and career advancement. The debate about law reform has centered partly on disputes …

Total Quality Management And Corporate Financial Performance: An Analysis Of The Malcolm Baldridge National Quality Award Criteria, Alice Brigid Beechner

Doctoral Dissertations

"The impact of the Malcolm Baldrige National Quality Award (MBNQA) Performance Excellence Criteria on corporate financial performance is examined. Three independent studies were performed to assess this relationship. The first included Malcolm Baldrige National Quality Award (MBNQA) winners. The second study involved 69 firms identified as Total Quality Management (TQM) firms and for the final study a sample of large American corporations who completed surveys which provided an estimate of the score the companies would have received on a MBNQA assessment were examined. The method for assessing the financial strength for all three studies was the metric Market Value Added …

Identification Of Factors That Influence Physician Generated Referrals To Hospice Programs, Cheryl A. Hoerner

Dissertations and Theses @ UNI

The hospice movement is just over 20 years old in this country. Hospice programs are dependent on physicians to educate and refer their terminal patients to hospice care. The purpose of this study was to identify factors which influence physicians in rural Iowa to refer terminal patients to selected hospice programs. The study involved Medicare-certified hospice programs and non-certified programs located in rural communities in Iowa. One hundred and fifty licensed physicians were randomly selected to complete a 14-item questionnaire. A total of 86 questionnaires were returned. The survey tool addressed demographic information, as well as identifying factors that influenced …

Electron Spectroscopy For Material Characterization, Ş. Süzer

Turkish Journal of Chemistry

Basic principles of the two electron spectroscopic techniques, the x-ray photoelectron spectroscopy, XPS, and the Auger electron spectroscopy, AES, are given. Their utilization in material characterization are introduced through examples with application of these techniques to various surface related problems.

Trace Element Signatures In Otoliths Record Natal River Of Juvenile American Shad (Alosa Sapidissima), Simon R. Thorrold, Cynthia M. Jones, Steven E. Campana, James W. Mclaren, Joseph W. H. Lam

OES Faculty Publications

The elemental composition of fish otoliths may represent a permanent record of the environmental conditions an individual has experienced as trace elements, incorporated into the growing surface of the otolith, reflect the physical and chemical characteristics of the ambient water. We tested the utility of trace element signatures in otoliths as natural tags of the river of origin of juvenile American shad (Alosa sapidissima) collected from the Connecticut, Hudson and Delaware Rivers in August and October 1994. Four elements (K, Mn, Sr, and Ba) showed significant variability among sites within rivers in August, although only Mg showed a …

Teachers' Life Histories As Curriculum Context, Rebekah D. Kelleher

College of Graduate Studies: Theses & Dissertations (1964–2006)

This qualitative study focuses on the teacher as curriculum enactor. Using life history methodology, the study explores how ordinary teachers' life experiences impact their present classroom decisions. The purpose of the study is three-fold: to give voice to the classroom teacher as curriculum expert; to encourage reflective practice; and to contribute to curriculum knowledge by focusing on the enacted curriculum. Three female middle school teachers participated in structured and unstructured interviews in which they shared their life stories and reflected on the origin of their teacher knowledge and behavior. The researcher reviewed transcripts of interviews and notes from observations of …

Magnetic Resonance Imaging, Arthrography, And Ultrasound In Diagnosing Rotator Cuff Tears: An Evaluation Of Agreement, Andrea Solsona

College of Graduate Studies: Theses & Dissertations (1964–2006)

Eleven patients who had a clinical suspicion of a rotator cuff tear were referred for a magnetic resonance imaging exam, an arthrographic exam or both. Additionally, all patients received a diagnostic ultrasound exam. The results of the imaging studies were compared to surgical or clinical diagnosis. Arthrography had 100% positive predictive value (PPV), negative predictive value (NPV), accuracy, specificity, and sensitivity. Magnetic resonance imaging had 100% PPV, 60% NPV, 78% accuracy, 100% specificity, and 67% sensitivity. Ultrasound had 80% PPV, 50% NPV, 64% accuracy, 75% specificity, and 57% sensitivity. Based on these results, taking into consideration the national average costs …

The Effects Of Aerobics And Walking On Social Physique Anxiety And Self-Esteem Of Female College Students, Jessica L. Lloyd

College of Graduate Studies: Theses & Dissertations (1964–2006)

The purpose of this investigation was to explore the effectiveness of walking and aerobics as a way of modifying body image apprehension and self-esteem of female college students. Participants from this study comprised 88 (25 African Americans and 63 Caucasians) students from a Southeastern university. The participants were administered the 9-item Social Physique Anxiety Scale (SPAS) (Martin, Rejeski, Leary, McAuley, & Bane, 1997) and the Rosenberg Self-Esteem Scale (RSES) (Rosenberg, 1979). Body composition, body weight, body height, and body mass index (BMI) were also evaluated. The participants performed in a 9-week walking or aerobics physical activity class. At the completion …

Quality Of Care Provided To Hiv-Infected Clients By Nurse Practitioners At A Specialized Nursing Center, Deborah A. Griggs

College of Graduate Studies: Theses & Dissertations (1964–2006)

This study evaluates the quality of care provided by nurse practitioners HIVinfected clients in a specialized nursing center in Georgia. Quality of care is evaluated using Donabedians' Structure-Process-Outcome domains as presented in the Unifying Model of Quality Health Care. Structure is evaluated as the nurse practitioners in this clinic providing health care. The interpersonal aspect ofthe process of quality health care is measured by the researcher developed Outpatient Client Satisfaction Survey. The technical aspect ofthe process ofquality health care is measured by the researcher developed Provider Adherence Measurement Tool which measures adherence to current clinical practice guidelines. Reliability and validity …

Genetic Variation Within And Among Populations Of Florida Burrowing Owls (Athene Cunicularia Floridana), Wendy T. Denton

College of Graduate Studies: Theses & Dissertations (1964–2006)

This study employed DNA Polymerase Chain Reaction (PGR) and Single-Stranded Conformation Polymorphisms (SSCP) on a mitochondrial control region target to assess population structure and possible gene flow in the Florida Burrowing Owl (Athene cunicularia floridana), a Florida Species of Special Concern. Although widespread in Florida, Burrowing Owls occur at low densities in semi-isolated populations that are susceptible to extirpation from human development and the demographic consequences of small population size. To better manage these populations, there is a need for data on the population genetic structure of the Florida Burrowing Owl. Therefore, I acquired DNA from Burrowing Owls …

By So Many Threads: Mary Johnston's Diary And The Civil War Novels, Sudy Vance Leavy

College of Graduate Studies: Theses & Dissertations (1964–2006)

No abstract provided.

Studies Of Quantum Chromodynamics With The Aleph Detector, R. Barate, M. Thulasidas

Research Collection School Of Computing and Information Systems

No abstract provided.

Evaluation Of Information Modeling Methods: A Review, Keng Siau, Matti Rossi

Research Collection School Of Computing and Information Systems

Hundreds of modeling methods are in existence today. Yet practitioners and researchers are zealously "producing" new modeling methods. The "blooming" of modeling methods is not the problem; the lack of standardize techniques for evaluating them is. To further complicate the matter, most of the modeling methods are introduced based on common sense and intuition. Theoretical foundations and empirical evidence are severely lacking. With the current state of affairs, evaluation of modeling methods has become necessary. Comparing modeling methods provides us with the necessary knowledge and understanding on the strengths and weaknesses of each method. This knowledge can also guide us …

Liberalism And Multiculturalism: The Politics Of Indifference, Chandran Kukathas

Research Collection School of Social Sciences

In modern societies, particularly the societies of the liberal democratic West, cultural diversity poses a challenge not only to the makers of government policy, but also to the philosopher looking to understand how it might be possible-in principle-for people of different ways to live together. The challenge is posed because society's institutions have been challenged, as the members of different groups have demanded "recognition." They have demanded not simply recognition of their claims to a (just) share of the social pie but, more important, recognition of their distinct identities as members of particular cultural communities within society. The persistence and, …

Book Review: Taoism Under The T'Ang: Religion And Empire During The Golden Age Of Chinese History By T. H. Barrett, Alan Kam Leung Chan

Research Collection College of Integrative Studies

To those who are interested in learning about (1) the language and inter- pretation of emotion in South and East Asian thought, (2) the philosoph- ical debates surrounding the nature and ethics of emotion, and (3) ways of doing comparative philosophy, Emotions in Asian Thought, edited by Joel Marks and Roger T. Ames, will not disappoint. Individually, the twelve essays collected here display considerable erudition and/or philosophical rigor.

Comparing The Discourse Of Popular Politics In Korea And China: From Civil Society To Social Movements, William A. Callahan

Research Collection School of Social Sciences

The Korea Journal’s series of articles addressing the question of civil society are a timely addition to the struggle over the discourse of democracy which is common to many countries in Pacific Asia. Since Professor Han Sang-Jin’s article does an excellent job of critically summarizing Chung Chulhee, Cho Hein and David Steinberg’s arti cles on Korean civil society, it seems that there is not much more to be said on the topic. To add to this discussion I will try to expand the discourse geographically and conceptually. Geographically, I will compare the discourse of popular politics in Korea with that …

Basic Incompatibilities Between Evolutionary And Behavioral Archaeology, Michael J. O'Brien, R. L. Lyman, R. D. Leonard

History Faculty Publications (Archived)

Schiffer (1996) recently proposed that, despite some incompatibilities, considerable common ground exists between behavioral archaeology and evolutionary or selectionist, archaeology. He concludes that there is no fundamental reason why the two approaches cannot work in concert to explain human behavioral change. There are, however, several important reasons why the two programs, at least as currently conceived, cannot work together in any thoroughly integrated fashion. Although both programs employ inference, behavioral archaeology conflates the distinct roles of configurational and immanent properties, searches for nomothetic answers to questions about human behavior, overlooks historical contingency when inferring and explaining the nature of past …