Digital Commons Network^™

Getting Past Democracy, Edward L. Rubin

Vanderbilt Law School Faculty Publications

The tension between our concept of democracy and the government we actually possess is well known, despite our insistent efforts to claim that the term "democracy" accurately describes our governmental system. One area where this tension has been apparent is American constitutionalism. The conflict between our concept of democracy and the institution of judicial review became a political issue when the Supreme Court placed itself in opposition to Progressive Era and New Deal legislation. This same conflict subsequently served as a central concern of the Legal Process School, which indelibly characterized it as the "counter-majoritarian difficulty."' The more far-reaching and …

The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible citizens who applied these formulas to a series of legal cases. Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiffs lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well educated were particularly unwilling or unable to apply the recommended punitive …

Brain Plasticity And Spanish Moss In Biolegal Analysis, Erin O'Connor

Vanderbilt Law School Faculty Publications

The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach peak effectiveness unless it is built on a sound behavioral model, and no model of human nature is ultimately sound unless it is consistent with the insights from behavioral biology. And the beauty of behavioral biology, for one who uses behavioral models, is that it tells us something about human tastes, preferences, and cognitive biases and limitations.

Supreme Court Monitoring Of The United States Courts Of Appeals En Banc, Tracey E. George, Michael E. Solimine

Vanderbilt Law School Faculty Publications

This article considers systematically whether the Supreme Court is more likely to review an en banc court of appeals decision than a panel decision. First, we consider Supreme Court review of en banc cases during the Rehnquist Court. Then, in a multivariate empirical analysis of a three-circuit subset of those cases, we control for other variables found to influence the Court's certiorari decision, such as Solicitor General or amicus curiae support for the certiorari petition, a dissent from the court of appeal's opinion, an outcome contrary to the Court's ideological composition, and an intercircuit conflict. The discussion is situated in …

The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie

Vanderbilt Law School Faculty Publications

Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes both facilitation and evaluation, a vocal group of purist critics rejects Riskin's pluralist view of mediation on normative grounds. These purist critics -- including such prominent mediator-scholars as Professors Kim Kovach, Lela Love," and Josh Stulberg -- argue that mediation is in fact, and should be, solely a facilitative process "designed to capture the parties' insights, imagination, and ideas that help them to participate in identifying and shaping their preferred outcomes." For …

Bibliography Of Tax Articles In High Prestige Non-Specialized Law Journals: A Comparison Of Australia, Britain, Canada And The United States 1954-2001, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The bibliography surveys all tax articles (but not Notes) from 1954 to 2001 in high prestige law journals in the United States, United Kingdom, Australia and Canada. The bibliography compares number of articles produced in each country and also shows what areas of interest dominate in each market. For example, Canadian journal produce more scholarship on Comparative Taxation while Australian journals are more likely to publish in the area of Evasion and Avoidance.

The 2000 Draft Of Ucc Article 2: Part Six On Breach, Repudiation, And Excuse, Christina L. Kunz

SMU Law Review

No abstract provided.

Texas Civil Procedure, Thomas A. Graves, Donald Colleluori, Gary D. Eisenstat

SMU Law Review

No abstract provided.

An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye

Theses and Dissertations

This research study examined the effect of the Freirean Theory of Education on one alternative secondary education program for at-risk students in Salvador da Bahia, Brazil. The learning theory, curriculum, and instructional methods were examined to determine the extent of the influence of Paulo Freire's Theory of Education, the extent of practice, and the extent to which faculty, students, and community members think it should be practiced. From this research, lessons were abstracted for use in schools in the United States. Brazil was chosen because of its shared history with the United States of slavery, colonialism, and oppression of people …

The Changing Landscape Of Higher Educational Finance: Support For Smaller Public Universities In The Southeastern United States, Elizabeth Townsend Walker

Theses and Dissertations

This project was designed to assess the extent to which changes have occurred in the percentage of support provided to institutions of higher education from unrestricted state general fund appropriations in the states that are members of the Southern Regional Education Board (SREB), over the period from 1988-89 to 1997-98. It also addresses the question of why this change has taken place in institutions classified as SREB Category 5 Four-Year institutions — those that grant a limited number of degrees and have fewer than 5,000 full-time equivalent students. Various institutional leaders, policy makers, and analysts were interviewed to discover why …

The Extent Of Awareness Of Tesol's Esl Standards For Pre-K-12 Students In Intensive English Programs In The United States, Alan D. Lytle

Theses and Dissertations

With the publication of TESOL's ESL Standards for Pre-K-12 Students in 1997, there was established a format by which to standardize English language learner progress with defined goals, standards, descriptors, and sample progress indicators. School districts throughout the United States began redesigning their curricula to address English Language Learners' needs by using the Standards. However, Intensive English Programs (IEPs) do not have a set of standards that includes their populations. This dissertation was designed to investigate the level of awareness of the Standards in IEPs in the United States, focusing specifically on establishing the extent to which TESOL's ESL Standards …

Epidemiology Of Deviance, Gordon A. Crews

Criminal Justice Faculty Publications

Deviance (Goode, 1997), in a general sense, is behavior that some members of a given society will find “offensive”. It is behavior which brings about, or would bring about if it were discovered, disapproval, punishment, condemnation, or hostility from another. This is any behavior that is likely to get the actor into “trouble”. Deviance is behavior which is considered to be outside the “bounds” of a given group or society. Another definition, in a more working sense, is “any departure from a social norm which does or could provoke sanctions” (p. 37).

Dynamic Programming Solution For A Class Of Pursuit Evasion Problems: The Herding Problem, Pushkin Kachroo, S. A. Shedied, J. S. Bay, H. Vanlandingham

Electrical & Computer Engineering Faculty Research

A herding dog and sheep problem is studied where the agent “dog” is considered the control action for moving the agent “sheep” to a fixed location using the dynamics of their interaction. The problem is solved for the deterministic case using dynamic programming. Proofs are provided for the correctness of the algorithms. The algorithm is analyzed for its complexity. A software package developed for experimentation is described.

Expression Of Mslec1- And Mslec2-Antisense Genes In Alfalfa Plant Lines Causes Severe Embryogenic, Developmental And Reproductive Abnormalities, Laurence M. Brill, Cory J. Evans, Ann M. Hirsch

Biology Faculty Works

Although it has been proposed that plant lectins play a number of roles, the function of these proteins in normal plant growth and development has been unclear. To analyze the functions of putative alfalfa lectin genes, lines of transgenic alfalfa plants expressing approximately half of the open reading frame of MsLEC1 or MsLEC2, in the antisense or sense orientation, were established and analyzed. The antisense plants displayed severe abnormalities in embryogenesis, and both vegetative and reproductive development were perturbed. Some differences were observed between MsLEC1- and MsLEC2-antisense plants, and abnormalities were especially severe during the early stages of development in …

Final Annual Report 2001, American Institute Of Certified Public Accountants. Sec Practice Section. Public Oversight Board

AICPA Annual Reports

No abstract provided.

Legal Ethics And Moral Dilemmas: Strategizing Around Race In The Provision Of Client Service, Richelle Samuel

Journal of Law and Social Policy

No abstract provided.

Gamma Sigma Delta, Nebraska Chapter Newsletter, Issue #22, February 2001

Gamma Sigma Delta, Nebraska Chapter: Newsletters

PRESIDENT'S MESSAGE - Merlyn Nielsen, President Nebraska Chapter

NOTES FROM THE HISTORIAN

MEMBERSHIP COORDINATOR REPORT

2001 SCHEDULE OF EVENTS

2001 Scholarship Recognition Reception

GAMMA SIGMA DELTA COMMITTEES, 2001

2001 ANNUAL DUES NOTICE FOR NEBRASKA CHAPTER-GAMMA SIGMA DELTA

A Return To First Principles? Saenz V. Roe And The Privileges Or Immunities Clause, Douglas G. Smith

Utah Law Review

While it seems unlikely that the Court will soon engage in a wholesale revision of its Fourteenth Amendment jurisprudence by abandoning the Due Process Clause in favor of the Privileges or Immunities Clause as a source of the substantive guarantee for certain fundamental rights, the possibility suggested by Saenz presents intriguing questions for constitutional scholars interested in the original meaning of the Fourteenth Amendment. As this Article has attempted to demonstrate, however, even if the Court does abandon the Due Process Clause in favor of the Privileges or Immunities Clause, the alterations such a switch might entail in the Court's …

The Lynching Of An American Prophet, Warren A. Jennings

BYU Studies

In 1839, Mormon refugees made their way from Missouri to Montrose, Iowa, across the Mississippi River from Nauvoo, Illinois, where they would eventually settle. The man who laid out the city of Montrose, David Wells Kilbourne, disliked Mormons because of a land dispute, and he shared his anti-Mormon opinions in the paper. One of his sympathizers, Thomas Dent, was an Anglican parson in England who'd seen members of his community join the strange new sect. Seeking information about the Mormons, Dent corresponded with Kilbourne. Here the author shares three of Kilbourne's letters to Dent. While the letters include both fact …

“Sweeping Everything Before It”: Early Mormonism In The Pine Barrens Of New Jersey, Stephen J. Fleming

BYU Studies

In the summer of 1838, Elder Benjamin Winchester (fig. 1) ventured into Monmouth County, New Jersey, to preach to gospel. Winchester was the first Mormon missionary to make it into the Pine Barrens, an area so named because of its sandy, unproductive land. Soon "the news went abroad, that a Mormon preacher had made his appearance in the land." Winchester wrote, "As to [Mormon] principles, and rules of faith, the people knew nothing, except by reports... [and] the people flocked out, in crowds to hear, yet at this time, more out of curiosity than any thing else." Once Winchester began …

Mormons In The Press: Reactions To The 1901 Opening Of The Japan Mission, Shinji Takagi

BYU Studies

During the first month when a Mormon Apostle and three missionaries arrived to begin proselytizing work in Japan, the local and national press published at least 160 articles on Mormonism, many of the articles appearing on the front page. The media attention was unprecedented for The Church of Jesus Christ of Latter-day Saints in that country. Here the author explores the reaction from the Japanese press toward Mormons, the social and historical context that led to such interest, and some of the media controversies that arose. The author concludes that one of the biggest reasons Mormons received such attention when …

Damage Control: Promoting The Goals Of The Individuals With Disabilities Education Act By Foreclosing Compensatory Damage Awards, Angela Hamilton

Utah Law Review

Congress enacted the IDEA to ensure that all children with disabilities have the right to receive a FAPE, and provided federal assistance to states in order to ensure they have the resources to protect this right. Congress did not provide, however, that compensatory damage awards are available under the IDEA, nor did they suggest that such an award would promote the goal of providing FAPEs to all disabled children. Any implication that such a remedy is available to redress a denial of a FAPE is an affront to what Congress hoped the IDEA would provide to disabled children. As Sellers …

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …

Towards The Exact Value Of The Ramsey Number R(3, 3, 4), Konrad Piwakowski, Stanislaw Radziszowski

Articles

The classical Ramsey number R(r_1,...,r_k) is the least n > 0 such that there is no k-coloring of the edges of K_n which does not contain any monochromatic complete subgraph K_ri in color i, for all 1 2). the only known nontrivial value is R(3,3,3) = 17. The only other case whose evaluation does not look hopeless is R(3,3,4), which currently is known to be equal to 30 or 31 by an earlier work of the authors. We report on progress towards deciding which of these tow is the correct value. Using computer algorithms we show that any critical coloring of …

The Vulcan Photometer: A Dedicated Photometer For Extrasolar Planet Searches, William J. Borucki, Douglas Caldwell, David G. Koch, Larry D. Webster, Jon M. Jenkins, Zoran Ninkov, Robert Showen

Articles

A small CCD photometer dedicated to the detection of extrasolar planets has been developed and put into operation at Mount Hamilton, California. It simultaneously monitors 6000 stars brighter than 13th magnitude in its 49 deg2 field of view. Observations are conducted all night every clear night of the year. A single field is monitored at a cadence of eight images per hour for a period of about 3 months. When the data are folded for the purpose of discovering low-amplitude transits, transit amplitudes of 1% are readily detected. This precision is sufficient to find Jovian-size planets orbiting solar-like stars, which …

Solar And Lunar Radiometric Calibration, Emmett Ientilucci, John Schott, Matthew Banta

Articles

The current generation of Earth-imaging satellites is used primarily to produce photographic quality images that are corrected for inherent non-uniformity in the focal plane (flat-fielding) and non-linearity in the sensor. The next generation of satellites requires the extraction of target reflectance with 1-2% uncertainty from these images. This requires the payload to be radiometrically calibrated to 1% uncertainty, or less. In order to achieve these levels of uncertainty, a radiometric standard is needed that is accessible from low Earth-orbit. Unfortunately, there is no such standard currently available. One common approach is to utilize man-made source standards that have calibration traceable …

Dual Citizenship And Forced Marriages, Alison Symington

Dalhousie Journal of Legal Studies

This paper examines the phenomenon of forced marriage and how the international law on diplomatic protection and domestic citizenship laws interact to prevent young women from receiving help because of their status as dual nationals. The evolution of international law and the rise of human rights are considered, the author contesting international rules preventing the United Kingdom from attempting to assist its nationals who are abducted to South Asia for the purposes of forced marriage. This paper demonstrates how in complex situations involving power, gender, culture and politics, law is better understood as a struggle over meaning than as a …

A Clean & Healthy Environment: The Barriers & Limitations Of This Emerging Human Right, Erin Eacott

Dalhousie Journal of Legal Studies

A human right to a healthy environment needs to be advocated by states, non-government organisations and the public. It can be argued that a human right to a healthy environment has slowly been emerging in international law over the past 20 years, but whether this right will ever become solidified in international law is not yet clear. A human right to a healthy environment needs to be advocated because it is an essential prerequisite to the fulfillment of many fundamental human rights, such as the rights to life, culture, liberty and security of the person, and an adequate standard of …

Women's Health Research In Canada: Feminist Change In A Murky Zone Of Law, Medicine And Politics, Erin Skinner

Dalhousie Journal of Legal Studies

The general aim of this paper is to explore the relationship between law and the potential for social change in the context of women's health. More specifically, I will critically examine the arguments made by Canadian feminists about the need for change in the ways that health research is structured and carried out in this country, particularly with respect to the generation of knowledge about women's health. Part one of this analysis examines the nature and extent of the problem of gender-biased research. It is followed by an overview of the regulatory framework within which health research is currently conducted …

Transcending From The Race For First Lady To The Race For First Lady President| A Rhetorical Criticism Of Elizabeth Dole, Kimberly Sue Flansburg

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.