Digital Commons Network^™

Paradoxes Of Fair Division, Paul H. Edelman, Steven J. Brams, Peter C. Fishburn

Vanderbilt Law School Faculty Publications

Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet paradox, which is the discovery by the Marquis de Condorcet that there may be no alternative that is preferred by a majority to every other alternative, producing so-called cyclical majorities. Its modern extension and generalization is Arrow's theorem, which says, roughly speaking, that a certain set of reasonable conditions for aggregating individuals' preferences into some social choice are inconsistent. In the last fifty years, hundreds of books …

Evolutionary Analysis In Law: Some Objections Considered, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article appears in a special issue of the Brooklyn Law Review on DNA: Lessons from the Past - Problems for the Future. It first addresses why law needs insights from behavioral biology, and then identifies and responds to a variety of structural and conceptual barriers to such evolutionary analysis in law.

Should Shareholders Have A Greater Say Over Executive Pay??, Randall S. Thomas, Brian R. Cheffins

Vanderbilt Law School Faculty Publications

Executive pay arrangements in Britain's publicly quoted companies have been subjected to much criticism in recent years. Proposals that shareholders should have a greater direct say over managerial remuneration have been a by-product of the concerns expressed. Debate on this point, however, has been largely speculative. This is because there is little evidence available in the United Kingdom indicating how shareholders would exercise any new powers they might be given. This paper addresses the evidentiary gap by drawing upon the experience in the United States, where empirical work indicates that shareholder voting only operates as a potential check when pay …

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 …

Director Accountability And The Mediating Role Of The Corporate Board, Margaret M. Blair

Vanderbilt Law School Faculty Publications

One of the most pressing questions facing both corporate scholars and business people today is how corporate directors can be made accountable. Before addressing this issue, however, it seems important to consider two antecedent questions: To whom should directors be accountable? And for what? Contemporary corporate scholarship often starts from a "shareholder primacy" perspective that holds that directors of public corporations ought to be accountable only to the shareholders, and ought to be accountable only for maximizing the value of the shareholders' shares. This perspective rests on the conventional contractarian assumption that the shareholders are the sole residual claimants 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 …

Too Clever By Half: The Problem With Novelty In Constitutional Law, Suzanna Sherry

Vanderbilt Law School Faculty Publications

As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism and the Sense of Difficulty", 95 NW. U. L. Rev. 845 (2001) ] Indeed, one might say that reconciling judicial review and democratic institutions is the goal of almost every major constitutional scholar writing today, including Bennett himself. I have suggested elsewhere that scholars as diverse as Richard Epstein, Antonin Scalia, and Robert Bork on the one hand, and Akhil Amar, Bruce Ackerman, and Ronald Dworkin on the other, are all motivated by a desire to …

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.

Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law producing state. Using law reform in Eritrea as a case study, the article asks what will happen in the United States when we become the recipient, rather than the exporter, of maladapted laws that serve the purpose of others instead of serving the unique needs of the United States and its economy.

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.

Essential Elements, Nancy J. King, Susan Riva Klein

Vanderbilt Law School Faculty Publications

The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just as labeling an action "civil" may allow the government to circumvent constitutional criminal procedure entirely, so labeling a fact an "affirmative defense" or a "sentencing factor" instead of an element of the offense may allow the government to escape constitutional criminal procedure selectively, bypassing the burden of proof, pleading, and jury requirements that would otherwise apply to an offense element. In its decision …

Damage Awards In Perspective: Behind The Headline-Grabbing Awards In Exxon Valdez And Engle, Theodore Eisenberg

Cornell Law Faculty Publications

Large punitive damages awards in tobacco litigation, the Exxon Valdez oil spill case, and other cases dominate the public perceptions about damages. These large awards and the mass of compensatory awards can be best understood in relation to other awards. In fact, total awards in tried contract cases have risen faster than tort awards. In the highly visible world of large punitive damages awards, the Exxon Valdez award fits well within the traditional pattern of punitive awards. The largest punitive award, that against the tobacco industry in Engle, is best understood against the background of the tobacco industry's national …

Ups And Downs Of Mucosal Cellular Immunity Against Protozoan Parasites, Lloyd H. Kasper, Dominique Buzoni-Gatel

Dartmouth Scholarship

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 …

Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner

Theses and Dissertations

Interdisciplinary care is a method of providing patient care that incorporates the efforts of various health care providers. Studies show this approach can improve patient care and decrease overall costs to the healthcare system. Despite the evidence for the benefits of interdisciplinary care, there are no well-defined models for training students during their didactic years to become members of an interdisciplinary team. This study determines the attitudes of administrators of professional schools toward interdisciplinary education, identifies perceived barriers to interdisciplinary education, examines the extent to which interdisciplinary education is occurring at academic health center campuses, and identifies the courses that …

Student Drug-Testing Effects In Selected Arkansas Secondary Schools, David D. Bangs

Theses and Dissertations

This study was to determine whether there was a statistically significant difference in the mean number of student drug and alcohol discipline infractions among ten Arkansas high schools before and after an intervention of a mandatory random drug-testing intervention program for extracurricular activities. The assessment data used in this study were the totals of drug and alcohol discipline incidents or infractions at ten Arkansas secondary schools. The data collection was compiled from each school's administration using the state APSCN services. A survey instrument was completed with the appropriate annual data needed for the study. The annual data consisted of the …

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 …

Front Matter -- Quaker Religious Thought, No. 96, Paul Anderson

Quaker Religious Thought

No abstract provided.

Quaker Hagiography, Dean Freiday

Quaker Religious Thought

No abstract provided.

Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Winter 2001, Vol. 38, No. 2; No. 148

The Influence Of Work Status On The Work Outcomes Among Part-Time Workers In The Service Industries Of Hong Kong, Fung Yi, Millissa Cheung

Lingnan Theses

This research examined the influence of work status on attitudes and work outcomes. The two attitudes of perception of psychological contract violations, (violation of employment promise by employers) and fairness perception (fair treatment at work) were studied. This research examined the relationship between attitudes and work outcomes (organizational commitment, e.g. loyalty; organizational citizenship behavior, voluntary action done by employees for the sake of organizations and turnover intention). Individuals with family responsibility are attracted to work part-time voluntarily. Corporate downsizing has often forced individuals to go into part-time work involuntarily. Voluntary and involuntary work status had moderating effects on attitudes and …

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.

Computerizing The Uniform Cpa Examination -- Issues, Strategies, And Policies: An Update, March 5, 2001; Briefing Paper No. 2, Joint Aicpa/Nasba Computerization Implementation Committee

Examinations and Study

No abstract provided.

Comparison Of Costs - Professional Licensure Requirements., American Institute Of Certified Public Accountants (Aicpa)

Examinations and Study

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 Newsletter, Issue #22 [#23], August 2001

Gamma Sigma Delta, Nebraska Chapter: Newsletters

PRESIDENT'S MESSAGE - Merlyn Nielsen, President, Nebraska Chapter

IN MEMORIAM

MEMBERSHIP COORDINATOR REPORT

SCHOLARSHIP RECOGNITION RECEPTION AWARDS RECIPIENTS

NOMINATIONS FOR MEMBERSHIP TO GAMMA SIGMA DELTA August 2001

Merit Award Nomination

Teaching Award Nomination

Research Award Nomination

Extension Award Nomination

BALLOT FOR GAMMA SIGMA DELTA TREASURER

Behind China's Success Story: Comparing The Economic Development Of China And India, Ari A. Perdana

Jurnal Ekonomi dan Pembangunan Indonesia

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Vol. 13 Num. 2 Farms Review Of Books, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Editor's Introduction: Q&A, Daniel C. Peterson

Review of Books on the Book of Mormon 1989–2011

Introduction to the current issue, including editor's picks. Peterson poses and answers fourteen “questions not asked” for readers of the FARMS Review of Books. Louis Midgley and George L. Mitton have been appoint as associate editors for the FARMS Review.