Digital Commons Network^™

A Property Theory Perspective On Russian Enterprise Reform, Michael Heller

Book Chapters

Why have Russian enterprises performed so poorly since privatization? This is a problem with many answers, each independently sufficient: the bleak mix includes vacillating macroeconomic policy, endemic corruption, a corrosive tax structure, poor human capital, and so forth. Even well-performing companies must hide good results because visible profits or dividends provoke confiscatory taxation and mafia visits. In such a difficult environment, the rule of law generally, and corporate governance in particular, may seem not to count. Macroeconomic implosions dwarf subtle distinctions in corporate dividend rules or minority voting rights.

The Meaning Of Self-Liberation And Some Loops From The Source Of Danger Is Fear, Elías Capriles

International Journal of Transpersonal Studies

NA

Ageless Nonsense Of Our Life, Kuang-Ming Wu

International Journal of Transpersonal Studies

NA

In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard., Adam C. Pritchard, Marilyn F. Johnson, Karen K. Nelson

Articles

This Article presents an empirical study of changes in shareholder wealth resulting from the Ninth Circuit Court of Appeals decision in In re Silicon Graphics Inc. Securities Litigation, which interpreted the pleading provision established in the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). Congress passed the Reform Act as part of an ongoing effort to protect corporations from abusive suits alleging "fraud by hindsight." In such suits, plaintiffs claimed that a sudden drop in a company's stock price was evidence that the issuer and its management covered up the bad news that led to the price drop. …

Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross

Articles

In Lonnie Weeks's capital murder trial in Virginia in 1993, the jury was instructed: If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt, either of the two alternative aggravating factors], and as to that alternative you are unanimous, then you may fix the punishment of the defendant at death or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at life imprisonment ... This instruction is plainly ambiguous, at least to a lay audience. Does it mean that if the …

Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker

Articles

Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5

'Appropriate' Means-Ends Constraints On Section 5 Powers, Evan H. Caminker

Articles

With the narrowing of Congress' Article I power to regulate interstate commerce and to authorize private suits against states, Section Five of the Fourteenth Amendment provides Congress with an increasingly important alternative source of power to regulate and police state conduct. However, in City of Boerne v. Flores and subsequent cases, the Supreme Court has tightened the doctrinal test for prophylactic legislation based on Section Five. The Court has clarified Section Five's legitimate ends by holding that Congress may enforce Fourteenth Amendment rights only as they are defined by the federal judiciary, and the Court has constrained Section Five's permissible …

For The Best Of Friends And For Lovers Of All Sorts, A Status Other Than Marriage (Symposium: Unmarried Partners And The Legacy Of Marvin V. Marvin)" , David L. Chambers

Articles

American governments have recently begun to experiment with new familial statuses for gay male and lesbian couples, who have demanded the right to marry but have been appeased with more modest forms of recognition.4 What I propose here is quite different. It is a status for people who have close bonds but do not want to be married to each other. I call this status "designated friends." Once registered, "designated friends" would obtain a limited number of privileges and undertake a limited number of responsibilities relating to the care for the other when ill or incapacitated or upon death, but …

Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman

Articles

The Supreme Court's decision in Bush v. Gore, shutting down the recounts of Florida's vote in the 2000 presidential election and effectively awarding the election to George W. Bush, has struck many observers, including myself, as outrageous.' Decisions of the Supreme Court should be more than mere reflections of ideological or partisan preference thinly camouflaged behind legalistic language. It would therefore be pleasant to be able to believe that they are more than that. Accordingly, Judge Richard Posner's analysis,2 in which he defends the result reached by the Court-though not the path by which it got there-is particularly welcome. Though …

E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman

Articles

A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The domain of evidentiary …

Death, Identity, And Enlightenment In Tibetan Culture, Karma Lekshe Tsomo

International Journal of Transpersonal Studies

NA

The Liberal Commons, Hanoch Dagan, Michael A. Heller

Articles

Following the Civil War, black Americans began acquiring land in earnest; by 1920 almost one million black families owned farms. Since then, black rural landownership has dropped by more than 98% and continues in rapid decline-there are now fewer than 19,000 black-operated farms left in America. By contrast, white-operated farms dropped only by half, from about 5.5 million to 2.4 million. Commentators have offered as partial explanations the consolidation of inefficient small farms and intense racial discrimination in farm lending. However, even absent these factors, the unintended effects of old-fashioned American property law might have led to the same outcome. …

Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar

Articles

During contractual negotiations, parties often make reliance expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in precontractual reliance under alternative legal regimes. Investments in reliance will be socially suboptimal in the absence of any precontractual liability-and will be socially excessive under strict liability for all reliance expenditures. Given the results for these polar cases, we focus on exploring how "intermediate"-liability rules could be best designed to induce efficient reliance decisions. One of our results indicates that the case for liability is shown to be stronger when a party retracts from terms …

Adult Learning In The Context Of Interreligious Dialogue: A Collaborative Research Study Involving Christians, Jews, And Muslims, Nadira K. Charaniya, Jane West Walsh

Dissertations

What do American Jews really know about Muslims? What do American Muslims really know about Jews? These questions undergird this account of how two religious adult educators--a Jew and a Muslim--came to engage in collaborative, dialogic, relational and transformational interreligious learning and research. Emerging out of this collaborative doctoral research project at National-Louis University, this study addresses two different dimensions of research and practice in the field of adult education: the nature of adult learning in the interreligious dialogue process and the role of collaborative methods in research methodology.

Adult learning in the context of interreligious dialogue can best be …

Data Acquisition System For A Solar Powered Vehicle, Austin Zeller

Undergraduate Theses and Senior Projects

No abstract provided.

Strategic Asset Allocation For Individual Investors: The Impact Of The Present Value Of Social Security Benefits, Steve Fraser, William Jennings, David King

Management Faculty Research and Publications

This paper demonstrates the dramatic effect of social security wealth on individuals’ asset allocation. We first discuss why social security wealth should be included in portfolio asset-mix decisions. We then draw parallels between social security benefits and inflation-indexed treasury bonds to help quantify the present value of social security benefits. Finally, we show the portfolio impact of including social security wealth under several asset-mix decision rules. Excluding social security wealth from the asset mix decision results in sub-optimal portfolios. Including social security wealth provides an incentive for including more stock in the asset mix.

Be In Control - Living With Diabetes, Laura Prestwich

All Current Publications

No abstract provided.

How To Save At The Grocery Store, Unknown Unknown

All Current Publications

No abstract provided.

Give Trees A Chance, Dennis Hinkamp

All Current Publications

No abstract provided.

Manage, Don't Mangle Your Shrubs, Dennis Hinkamp

All Current Publications

No abstract provided.

Hibiscus - Name Of The Rose, Dennis Hinkamp

All Current Publications

No abstract provided.

The Community Reinvestment Act: Its Impact On Lending In Low-Income Communities In The United States, Michael S. Barr, Lynda Y. De La Vina, Valerie A. Personick, Melissa A. Schroder

Book Chapters

This paper reviews data and research studies that demonstrate that CRA has helped to increase lending to low-income borrowers and in low-income neighborhoods, and that expanded CRA lending has been accomplished while maintaining sound lending practices and bank profitability. The paper also discusses literature that draws alternative conclusions, as well as studies that find, despite increases in lending and banking services to low- and moderate-income areas and to minority borrowers, that disparities still exist between the services afforded to these communities and those offered to the market as a whole.

Miranda Thirty-Five Years Later: A Close Look At The Majority And Dissenting Opinions In Dickerson, Yale Kamisar

Articles

Over the years, Miranda v. Arizona1 has been criticized both for going too far2 and for not going far enough.3 Nevertheless, on the basis of talks with many criminal procedure professors in the sixteen months between the time a panel of the Fourth Circuit upheld a statute (18 U.S.C. § 3501) purporting to "overrule" Miranda and a 7-2 majority of the Supreme Court overturned that ruling in the case of Dickerson v. United States,4 I am convinced that most criminal procedure professors wanted the Supreme Court to do what it did-"reaffirm" Miranda. This is not surprising. As Professor Grano once …

Intermountain Planting Guide, Kevin Jensen, Howard Horton, Ron Reed, Ralph Whitesides

All Current Publications

The first consideration prior to seeding is to determine the present level of management being applied to the proposed site. Many sites will recover or improve without seeding if proper management is implemented. Soil is the primary natural resource and its conservation is the most important consideration in seedings.

Learning What To Eat And What To Avoid, Usu Extension

All Current Publications

Young herbivores learn which foods are harmful and which are safe through interactions with their mothers. Throughout life, they learn about the consequences of eating through postingestive feedback they experience after eating foods. But how can they do this in a world where toxin and nutrient levels of forages change daily and seasonally? How can they possibly learn and remember all the plants that grow in pastures and on rangelands? How can they survive when we move them to new pastures with unfamiliar foods?

Behavioral Interactions Between Coexisting Species: Song Playback Experiments With Wood Warblers, P. R. Martin, Thomas E. Martin

Wildlife Biology Faculty Publications

Behavioral interactions between coexisting species may reflect underlying ecological interactions or may arise from factors unrelated to ecological interactions between species. We examined behavioral interactions between two coexisting, migratory wood warblers that competitively interact on breeding territories in central Arizona, USA. The larger Orange-crowned Warbler (Vermivora celata) is aggressive toward the later-arriving Virginia's Warbler (V. virginiae) and responds to playback of Virginia's Warbler songs by approaching the playback speaker or by singing over Virginia's Warbler songs. Virginia's Warblers retreat from interactions with Orange-crowned Warblers and avoid the playback speaker when presented with Orange-crowned Warbler songs. Responses of both species to …

Development Of A Scale To Assess Hwa-Byung On The Korean Mmpi-2 / By Michael E. Roberts, Michael E. Roberts

Electronic Theses and Dissertations

No abstract provided.

The Evolution Of Hoodoo In Mississippi And Contemporary Black Health / By Phoenix Marie Savage, Phoenix Marie Savage

Electronic Theses and Dissertations

No abstract provided.

Genomic And Phylogenic Comparisons Of The X-Globin And B-Globin Intergenic Sequences Between Zebrafish (Danio Rerio) And Six Closely Related Cyprinindae Species / By Gregory A. Vidal, Gregory A. Vidal

Electronic Theses and Dissertations

No abstract provided.

For Entertainment Purposes Or Ad Majorem Dei Gloriam: Televangelism In The Marketplace Of Ideas, Juan G. Villasenor

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses the proposed legal responses to the problem of fraud by televangelists. Finding the solutions constitutionally deficient, politically unsound, or practically ineffective as deterrents, it then explores the possibility of a content-based restriction on televangelists' speech. The Note concludes that such a deliberate restriction on speech cannot withstand First Amendment scrutiny, regardless of the dishonesty or disingenuousness one may find in televangelists' tactics. Accordingly, despite the great potential for deception, televangelists' activities are, and should be, absolutely protected by the First Amendment. Any proposed remedy to deal with televangelism must occur in the marketplace of ideas, which is …