Digital Commons Network^™

Logic, Intuition, And The Positivist Legacy Of H.L.A. Hart, Douglas Lind

SMU Law Review

No abstract provided.

Introduction, Bryan A. Garner

SMU Law Review

No abstract provided.

Commercial Transactions, John Krahmer

SMU Law Review

No abstract provided.

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Charles A. Japhet

SMU Law Review

No abstract provided.

Family Law: Parent And Child, James W. Paulsen

SMU Law Review

No abstract provided.

Remedying Anticipatory Repudiation - Past, Present, And Future, Dena Denooyer

SMU Law Review

No abstract provided.

The Devil And Jane Austen: Elizabeth Bennet's Temptations In The Wildnerness, Laura Dabundo

Faculty Articles

No abstract provided.

Public Health And Private Medicine: Regulation In Colonial And Early National America, Nissa M. Strottman

UC Law Journal

Historians are currently debating the role of regulation in eighteenth- and nineteenth century American public policy. Among the issues involved in this debate are the prevalence of regulation and the emerging distinction between private and public law. One historian, Morton Horwitz, has argued that the separation between private and public law, which resulted in less government regulation of commercial activities occurred early in the nineteenth century. In contrast, William Novak argues that regulation was pervasive in eighteenth- and nineteenth-century America, and that the split between private and public law did not occur until the 1870's.

This not addresses this historiographical …

In Defense Of Dissents, William J. Brennan Jr.

UC Law Journal

No abstract provided.

Quo Vadis, Prospective Overruling: A Question Of Judicial Responsibility, Roger J. Traynor

UC Law Journal

No abstract provided.

Strict Liability To The Consumer In California, William L. Prosser

UC Law Journal

No abstract provided.

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

UC Law Journal

No abstract provided.

Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera

UC Law Journal

No abstract provided.

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

UC Law Journal

While Americans historically have supported efforts to provide financial assistance to the truly needy members of our society, we have a fear that giving cash or other forms of economic assistance to the unemployed but able-bodied is morally corrupting and fosters economic dependency. Recent efforts to overhaul welfare and bankruptcy laws resulted from the public's perception that too many people failed to become economically self-sufficient despite an extended peacetime period of economic prosperity.

This Article examines our society's uneasy relationship with the working poor and our hesitancy to provide economic relief to ablebodied people who appear to have contributed to …

Structuring Time And Task In Electronic Brainstorming, Alan R. Dennis, Jay E. Aronson, William G. Heninger, Edward D. Walker Ii

Faculty Publications

There are many ways in which a GSS can beused to support group brainstorming. This paper reports the results of an experiment that manipulated task structure and time structure. Groups electronically brainstormed on intact tasks(where all parts of the task were presented simultaneously) or on partitioned tasks (where three subcategories of the task were presented to thegroups). The time periods in which groups worked were either one 30-minute time period or three 10-minute periods separated by two-minute breaks. Groups in the partitioned task treatment generated 40% more ideas, but there were no time effects. These differences are attributed to the …

Where Do Resources Come From? A Model Of Resource Generation, Paul C. Godfrey, Hal B. Gregersen

Faculty Publications

Although the Resource-Based View of the firm (RBV) continues to gain centrality in the conversation of strategic management, several unanswered questions remain within the emerging paradigm. This article focuses on one of those questions. We propose a causal model of resource generation built around three central constructs: entrepreneurial ability, market context, and organizational context. Entrepreneurial ability generates new asset combinations that are valuable and unique, while market and organizational contexts preserve the value in these new asset combinations by providing barriers to imitation. We build a model and then consider three separate paths for generating idiosyncratic resources within a firm. …

Service-Learning And Management Education A Call To Action, Paul C. Godfrey

Faculty Publications

The private sector of United States society (private corporations) currently enjoys the moral authority to set the national agenda. Business schools, because they train future managers, can play a vital role in helping the private sector sustain that moral authority. Specifically, I argue that service-learning pedagogies offer management educators a way to incorporate citizenship skills and moral training into the traditional management curriculum. This article describes the concept of service-learning, reviews the current state of service-learning in management, and argues that service-learning can enhance both the technical capability and moral capability of students. Key issues for faculty members involved in …

A Rejoinder To Kenworthy-U'Ren Enlarging The Tent Of Service-Learning, Paul C. Godfrey

Faculty Publications

The Old Testament prophet/poet Isaiah speaks of the eventual redemption of the children of Abraham and uses a powerful metaphor to invite his followers to action: "Enlarge thy tent, and let them stretch forth the curtains of thy habitations: spare not, lengthen thy cords, and strengthen thy stakes" (Isaiah 54:2, King James Version). In the spirit of enlarging the tent and strengthening the stakes of the service-learning movement, Kenworthy-U'Ren's (1999, this issue) commentary to my article, "Service-Learning and Management Education: A Call to Action" (1999, this issue), proves a valuable and wonderful contribution. The strength of her commentary comes from …

The Delisting Bias In Crsp’S Nasdaq Data And Its Implications For The Size Effect, Tyler Shumway, Vincent A. Warther

Faculty Publications

We investigate the bias in CRSP's Nasdaq data due to missing returns for delisted stocks. We find that the missing returns are large and negative on average, and that delisted stocks experience a substantial decrease in liquidity. We estimate that using a corrected return of −55 percent for missing performance-related delisting returns corrects the bias. We revisit previous work which finds a size effect among Nasdaq stocks. After correcting for the delisting bias, there is no evidence that there ever was a size effect on Nasdaq. Our results are inconsistent with most risk-based explanations of the size effect.

Estimating Tourism's Economic Impact In Nebraska Counties, Brian J. Hill

Faculty Publications

Every community interested in developing tourism to enhance or diversify their economy wants to know how much good tourism can do for them. While tourism is not the answer to every community's economic challenges, it can provide economic benefits in many cases. These economic benefits must then be compared to the social, cultural and environmental changes that tourism might bring in order to judge its acceptability in community economic development efforts.

Politicians, planners and citizens want to know just how important tourism is to their communities. While some economic benefits and costs are very difficult to calculate, total economic impacts …

Nebraska’S Lodging Tax, Brian J. Hill

Faculty Publications

Like many states, Nebraska charges a tax on overnight lodging accommodations. Sometimes called a bed tax or occupancy tax, this levy is available on a county by county basis as desired by county commissioners or supervisors. As of 1996, 45 Nebraska counties opted to impose a lodging tax on their guests. That same year, total government revenues from the lodging tax were over $6 million. The funds gathered in this manner provide the funding for the Nebraska Division of Travel and Tourism and for county marketing efforts.

Institutional Signals And Implicit Bargains In The Ulp Strike Doctrine: Empirical Evidence Of Law As Equilibrium, Michael H. Leroy

UC Law Journal

Law as Equilibrium hypothesizes that the Supreme Court acts strategically, through signals and implicit bargains with the coordinate branches, to import its substantive values to public policies. In this Article, Professor LeRoy provides strong empirical support for this theory.

Examining 467 National Labor Relations Board decisions over a 60- year period that categorized permanent replacement strikes as "economic" or "unfair labor practice" (ULP) strikes, I find remarkable evidence of decisional constancy. For the 1940s, the Board ruled that a replacement strike was also a ULP strike in 39% of its cases. These rulings essentially negated an employer's right to hire …

Demonstration: A Robust Web Data-Extraction Technique With High Recall And Precision, Deryle W. Lonsdale, D. M. Campbell, Yihong Ding, David W. Embley, K. Hewett, D. L. Jackman, S. S. Jeffries, Y. S. Jiang, D. Lewis, Stephen W. Liddle, Y. K. Ng, A. L. Peacock, D. J. Seer, R. D. Smith, S. H. Yau, M. Xu, L. Xu

Faculty Publications

Our demo shows how to extract and structure data found in data-rich, unstructured, multiple-record Web documents. Users may either apply pre-built extraction applications or build and apply their own. The demo is significant because it (1) attacks an important data-centric problem and (2) uses database technology to produce good results with minimal effort.

Performance Surface Prediction For Wan-Based Clusters, Mark J. Clement, J. Kelly Flanagan, Glenn M. Judd, Bryan S. Morse, Joy L. Peterson

Faculty Publications

The last five years have been a period of exponential growth in the number of machines connected to the Internet and the speed at which these machines communicate. The infrastructure is now in place to consider a nationwide cluster of workstations as a viable parallel processing platform. In order to achieve acceptable performance on this kind of a machine, performance prediction tools must provide information on where to place computational objects. Incorrect object placement can result in poor performance and congestion in the network. This research develops a new paradigm for predicting performance in the Wide Area Network (WAN) based …

Effect Of Discounting On Self-Generated Attitude Change: A Person By Situtation, Fiorella Giulietta Speziani

UNF Graduate Theses and Dissertations

This research used a trait-based impression formation task to explore the effect of instructional set and opportunity for thought on inconsistency discounting. It was predicted that attitude polarization would be attenuated, regardless of opportunity for thought, when discounting incongruent information was difficult. When discounting incongruent information was easy, attitude polarization was expected to increase as opportunity for thought increased. The relationship between discounting and opportunity for thought was expected to be accentuated when individuals are low in tolerance for ambiguity. The results did not support these predictions. Explanations for the results are discussed and directions for future research are proposed.

Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley

Richmond Journal of Law & Technology

Digital Property and the Digital Marketplace Expenditures in the information technology arena indicate that digital property - defined as digitized information and the tools to use it - is generating astonishing wealth. Globally, expenditures in the information and communication technology markets exceed $1.8 trillion annually and comprise six percent (6%) of aggregate global Gross Domestic Product ("GDP"). By 1997, such expenditures had escalated forty percent (40%) over 1992 levels. Current spending on information and communication technologies is growing twenty-seven percent (27%) faster than the overall worldwide GDP, averaging roughly 5.5 percent annually. Technological innovations have become the primary engine of …

The Digital Signature: Your Identity By The Numbers, W. Everett Lupton

Richmond Journal of Law & Technology

Electronic commerce is the future of business. Today electronic commerce is a $3.6 billion industry. Thousands of businesses use the Internet to buy and sell their wares. As individuals and businesses increasingly use the Internet for commerce, contracts are moving online too. Because electronic commerce is conducted online, it is infeasible to make contracts through the traditional paper method. An electronic contract can be sent halfway across the world in seconds; whereas the same contract on paper would take days or weeks.

The Spirit & Church: Pentecostalism And Education, Yeol Soo Eim, Wonsuk Ma, Jean-Daniel Plüss, Sang-Whan Lee, Miguel Alvarez, David Daniels, Sam-Whan Kim

Spirit & Church, The

CONTENTS

EDITORIAL

Dedicating The Spirit & Church for the Kingdom of God.....Yeol Soo Eim

ARTICLES:

Pentecostalism and Public School: A Case Study of Rev. Dr. Seen-Ok Ahn.....Yeol Soo Eim

A Look at Modern Pneumatology in the Old Testament Perspective.....Wonsuk Ma

Pentecostal Theological Education in Europe: Past Programs, Present Perplexities, and Possible Projections.....Jean-Daniel Plüss

The Relevance of St. Basil’s Pneumatology to Modern Pentecostalism.....Sang-Whan Lee

Distinctives of Pentecostal Education.....Miguel Alvarez

“Live So Can Use Me Anytime, Lord, Anywhere”: Theological Education in the Church of God in Christ, 1970 to 1997.....David Daniels

God the Trinity …

An Empirical Study Of The Relationship Between Democracy And Prosperity, Yujie Zhang

Masters Culminating Experiences (1993-2011)

Per capita wealth is far from evenly distributed in all countries of this world. For example, in 1992, real GDP per capita in Japan was about $15,105 (constant dollar using chain index). The corresponding measure for India was $1,282, or about 8.5% that of Japan. While the disparities are large in an absolute sense, they are small in comparison to the richest and poorest countries in the world. Are the rich countries and poor countries developing at the same rate? Have the poor countries shown any signs of catching up? What factors are correlated with the economic prosperity?

This paper …

Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder

Law and Contemporary Problems

The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.