Digital Commons Network^™

The Newly Revised Cpr Rules For Non-Administered Arbitration Of International Disputes, Robert H. Smit

Faculty Scholarship

In August 2000, the Center for Public Resources Institute for Dispute Resolution (“CPR”) – one of the pre-eminent alternative dispute resolution organizations in the United States – announced revisions to its Rules for Non-Administered Arbitration of International Disputes (the “International Rules” or the “Rules”). CPR first promulgated its International Rules in April 1992 as an alternative – indeed, the only alternative currently available – to the international ad hoc arbitration rules issued in 1976 by the United Nations Commission on International Trade Law (the “UNCITRAL Rules”). According to the Chair of the CPR Committee that prepared the original CPR International …

Mark Tushnet: The Right Questions, Philip C. Bobbitt

Faculty Scholarship

It is the most grotesque of ironies that much of twentieth-century jurisprudence has been an effort to make law into a science. This effort amounts to a reversal of a far earlier appropriation. It was the observation of regularities in gravity and the movement of the planets that reformed science and gave credence to the locution, 'the laws of nature.' Nature was "lawful" because it appeared to follow undeviatingly a certain regimen, which is to say that any deviations observed were held to be clues as to the true content of the laws that were being followed. Mathematics was the …

Norm Internalization And U.S. Economic Sanctions, Sarah H. Cleveland

Faculty Scholarship

The fifty years since the adoption of the Universal Declaration of Human Rights have seen a revolution in the promulgation and universalization of human and labor rights. Human rights conventions have proliferated in the areas of civil and political rights, social and economic rights, and the rights of women, children, minorities, and refugees. Many of these conventions have been ratified by a majority of the nations of the world. International monitoring of human and labor rights compliance is conducted by international institutions such as the U.N. Human Rights Commission and the International Labour Organization (ILO), by regional entities such as …

Taxing International Income: Inadequate Principles, Outdated Concepts, And Unsatisfactory Policies, Michael J. Graetz

Faculty Scholarship

It is a pleasure to be here today to deliver the first David R. Tillinghast Lecture of the 21st century, a lecture honoring a man who has done much to shape' and stimulate our thinking about the international tax world of the 20th.

Our nation's system for taxing international income today is largely a creature of the period 1918-1928; a time when the income tax was itself in childhood. From the inception of the income tax (1913 for individuals, 1909 for corporations) until 1918, foreign taxes were deducted like any other business expense. In 1918, the foreign tax credit (FTC) …

Feminism At The Millennium, Carol Sanger

Faculty Scholarship

Sexism of all kinds – subtle and blatant, criminal and legal, commercial and private – is the topic of the three books under review. The books initially sort themselves out by discipline: Everyday Sexism and Subtle Sexism are anthologies whose editors and contributors are primarily sociologists; Speaking of Sex is written by a law professor and offers a more focused argument about the persistence of gender inequalities. Distinctions in authorship aside, the three books pose a pair of similar and painfully familiar questions: Why is so much still organized to the disadvantage of women, and what can (feminist) academics contribute …

European Law: Yesterday, Today And Tomorrow, George A. Bermann

Faculty Scholarship

Hans Baade's career spans a period marked by the progressive recognition of European law in American academic circles. At the time that Hans Baade decided to make the United States his academic home, historical circumstances had only recently brought to American shores a whole generation of legal scholars, mostly continental European in background and training. Aided by the compelling nature of the stories about law that they had to tell, these scholars connected strategically with an American legal academy that was then only slowly and tentatively emerging from what could be described, not unfairly, as a period of relative intellectual …

Challenges To Fragile Democracies In The Americas: Legitimacy And Accountability, Martin Böhmer, A.R. Brewer-Carías, Helen Beatriz Mack Chang, Sarah H. Cleveland, Francisco Cox, Lourdes Flores Nano, H.W. Perry Jr., Steven Ratner, Carlos Rosenkrantz, Roberto Saba, Dean Michael Sharlot, Nicolas Shumway, Gerald Torres

Faculty Scholarship

February 25, 2000, the University of Texas School of Law hosted an extraordinary gathering to discuss the fragility of democracies in Latin America and the dangers that they face. The event was sponsored by several institutions at the University of Texas: the School of Law, the Institute of Latin American Studies, the Office of the Provost, the College of Liberal Arts Democracy in the Third Millennium Program, and the International Law Society at the School of Law.

Self-Disclosure, Clara E. Hill, Sarah Knox

College of Education Faculty Research and Publications

A review of the analog literature about therapist self-disclosure suggests that nonclients generally have positive perceptions of therapist self-disclosures. A review of the naturalistic psychotherapy literature indicates that therapist self-disclosure occurs infrequently, is used more often by humanistic-experiential than psychoanalytic therapists, is most often about professional background than about intimate personal details, is used for many different reasons, is used cautiously by therapists, and is helpful in the immediate process of therapy. Effects of therapist self-disclosure on the ultimate outcome of therapy are less clear. Limitations of the research (poor and inconsistent definitions and lack of a clinically appropriate methodology …

Prejudice And Racism: Challenges And Progress In Measurement, Alan W. Burkard, Barbara R. Medler, Michael Allen Boticki

College of Education Faculty Research and Publications

The intent of this chapter is to review three categories of prejudice measures that practitioners and researchers can use in practice or research. Given that a recent comprehensive review of self-report racial prejudice measures was completed by Biernat and Crandall (1999), this chapter focuses on new developments in self-report measures of racial and anti-gay prejudice. Anti -gay prejudice is an important clinical and research area, and to date, only a few critical reviews of instruments measuring negative attitudes toward gay men and lesbian women have appeared in the literature (Herek, 1994; O'Donohue & Caselles, 1993; Schwanberg, 1993). Emerging prejudice measurement …

Edison Community College Fact Book 1999-2000, Edison Community College

Facts, Figures, and Factbooks

Edison Community College Fact Book. 1999-2000.

Believing In The Atoning Power Of Christ, Kerry M. Muhlestein

Faculty Publications

The book of Deuteronomy begins with a striking verse: "(There are eleven days journey from Horeb by the way of mount Seir unto Kadesh-barnea)" (Deuteronomy 1:2). Because this verse is set within parentheses and seems to relay minutia, it is easily passed over. But a close examination shows it to be one of the most thought-provoking verses in the Old Testament. Identifying two of the sites referred to in the verse makes this clear. Horeb is another name for Mount Sinai. Kadesh-barnea is the place where Moses and the children of Israel camped as they sent men into the promised …

Two Sides Of A River: Mormon Transmigration Through Quincy, Illinois, And Hannibal, Missouri, Fred E. Woods

Faculty Publications

The infamous extermination order issued 27 October 1838 by Missouri Governor Lilburn W. Boggs caused thousands of Latter-day Saints to flee the state and seek refuge in Illinois across the Mississippi River. Illinois, established in 1817, had high hopes for its future, but just two decades later it was smitten, like the rest of America, with the economic depression of 1837. In such a needy condition, the people Illinois welcomed the Mormon migrants for three central reasons. Financially motivated, the state viewed the Latter-day Saint influx as an opportunity to raise its population to boost the economy through the collection …

Was The Path Nephi Saw ‘Strait And Narrow’ Or ‘Straight And Narrow', Noel B. Reynolds, Royal Skousen

Faculty Publications

A complete analysis of the full range of usage patterns for all forms of strait and straight in the Book of Mormon provides sufficient contextual evidence for resolving the orthographical problems that were introduced through these homophones in the manuscripts and the 1830 edition. The article lists all 27 occurrences of some form of straight in the 1830 edition, indicating which ones were changed to strait and in which LDS editions they were revised. The evidence, we believe, indicates that most of these later changes were correct. But because the Book of Mormon usage introduced by Nephi was distinctive, and …

Diversity And Bathymetric Distribution Of Lithistid Sponges In The Tropical Western Atlantic Region., Shirley A. Pomponi, M. Kelly-Borges, John K. Reed, Amy E. Wright

Faculty Scholarship

Nineteen species of lithistid sponges (Porifera: Demospongiae), representing 13 genera, eight families, and four suborders are reported from the tropical western Atlantic region, including three new records of occurrence: Discodermia verrucosa Topsent, Corallisfes cf. undularus Levi & Levi, and C. cf. nolitangere Schmidt. This inventory of the biodiversity and bathymetric distribution of these sponges is based on the results obtained from 36 expeditions and more than 450 submersible transects. The objective of these expeditions was the collection of marine organisms for discovery of biologically active compounds with pharmaceutical potential. The taxonomic diversity and distribution thus noted. contrasts with the results …

Processing Algorithms For Tracking Speckle Shifts In Optical Elastography Of Biological Tissues, Donald D. Duncan, Sean J. Kirkpatrick

Electrical and Computer Engineering Faculty Publications and Presentations

Parametric and nonparametric data processing schemes for analyzing translating laser speckle data used to investigate the mechanical behavior of biological tissues are examined. Crosscorrelation, minimum mean square estimator, maximum likelihood, and maximum entropy approaches are discussed and compared on speckle data derived from cortical bone samples undergoing dynamic loading. While it was not the purpose of this paper to demonstrate that one processing technique is superior to another, maximum likelihood and maximum entropy approaches are shown to be particularly useful when the observed speckle motion is small.

Regularity And Symmetry As A Base For Efficient Realization Of Reversible Logic Circuits, Marek Perkowski, Pawel Kerntopf, Andrzej Buller, Malgorzata Chrzanowska-Jeske, Alan Mishchenko, Xiaoyu Song, Anas Al-Rabadi, Lech Jozwiak, Alan Coppola

Electrical and Computer Engineering Faculty Publications and Presentations

We introduce a Reversible Programmable Gate Array (RPGA) based on regular structure to realize binary functions in reversible logic. This structure, called a 2 * 2 Net Structure, allows for more efficient realization of symmetric functions than the methods shown by previous authors. In addition, it realizes many non-symmetric functions even without variable repetition. Our synthesis method to RPGAs allows to realize arbitrary symmetric function in a completely regular structure of reversible gates with smaller “garbage” than the previously presented papers. Because every Boolean function is symmetrizable by repeating input variables, our method is applicable to arbitrary multi-input, multi-output Boolean …

Persistent Productive Epstein‐Barr Virus Replication In Normal Epithelial Cells In Vivo

Faculty, Staff and Student Publications

Productive Epstein‐Barr virus (EBV) replication characterizes hairy leukoplakia, an oral epithelial lesion typically occurring in individuals infected with human immunodeficiency virus (HIV). Serial tongue biopsy specimens were obtained from HIV‐infected subjects before, during, and after valacyclovir treatment. EBV replication was detected by Southern hybridization to linear terminal EBV genome fragments, reverse‐transcriptase polymerase chain reaction amplification of EBV replicative gene transcripts, immunohistochemical detection of EBV replicative protein, and in situ hybridization to EBV DNA. EBV replication was detected in both hairy leukoplakia and normal tongue tissues. Valacyclovir treatment completely abrogated EBV replication in vivo, resulting in resolution of hairy leukoplakia when …

The Property/Contract Interface, Thomas W. Merrill, Henry E. Smith

Faculty Scholarship

This Article explores the distinction between in personam contract rights and in rem property rights. It presents a functional explanation for why the legal system utilizes these two modalities of rights, grounded in the pattern of information costs associated with each modality. To test this theory, the Article examines four legal institutions that fall along the property/contract interface – bailments, landlord-tenant law, security interests, and trusts – in order to determine how the legal doctrine varies as the underlying situation shifts from in personam, to in rem, to certain relations intermediate between these poles. With respect to each institution, we …

Wholes And Parts In General Systems Methodology, Martin Zwick

Complex Systems Faculty Publications and Presentations

Reconstructability analysis (RA) decomposes wholes, namely data in the form either of set-theoretic relations or multivariate probability distributions, into parts, namely relations or distributions involving subsets of variables. Data is modeled and compressed by variablebased decomposition, by more general state-based decomposition, or by the use of latent variables. Models, which specify the interdependencies among the variables, are selected to minimize error and complexity.

Transforming Technology Management Courses For Web Delivery, Wayne Wakeland

Complex Systems Faculty Publications and Presentations

This paper explores the ramifications of using web technology in teaching technology management courses, computer-based modeling and simulation courses in particular. The emphasis is on what works, but disappointments are also mentioned. Web technology is being used to supplant lectures with self-paced materials and lab exercises that enable students to take courses remotely and asynchronously. Web-based exams are also discussed.

Student Scholarship, In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily F. Suski

Faculty Publications By Year

In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …

The Dean's Role In Managing Technology, Janice C. Griffith

Faculty Publications By Year

No abstract provided.

Sex: The Defining Variable In Mate Selection, Shirley A. Forbes, Tanacha Brown, Timothy Adams, Lenore Davis

Modern Psychological Studies

The evolutionary hypothesis of mate selection was tested by combining traits deemed as evolutionarily valued (Cramer, Schaeffer Et Reid, 1996) with pictures showing facial features deemed as physically attractive according to the evolutionary hypothesis (Buss, 1989; Singh, 1995). Traits and pictures not congruent with the evolutionary hypothesis were also presented. Four stimulus persons were presented to ninety-one male subjects and 114 female subjects who were asked to rate their desirability as a mate. The results showed a main effect for stimulus condition, with the physical attractiveness pictures receiving the highest ratings when combined with the valued evolutionary traits, F (3, …

Walk In My Shoes: College Students' And Their Parents' Predictions Of Their Own Health Practices If They Were Each Others' Age, Amy B. Clineff, Colleen Frantz, Charles I. Brooks, Jean P. O'Brien

Modern Psychological Studies

College students and their parents completed a survey of their present health practices. They then completed the same survey for health behaviors they thought they would practice if they were either between the ages of 18 - 22 (for the parent respondents) or 45 - 55 (for the student respondents). The results generally showed the students predicted they would lead healthier lifestyles if older than their parents actually do, and the parents would lead less healthy lifestyles if younger than their children actually do. This distortion of each others' health practices, however, depended to some extent on the specific health …

Can Copyright Become User-Friendly? Review: Jessica Litman, Digital Copyright (2001), Jane C. Ginsburg

Faculty Scholarship

In this review, I will first briefly address Professor Litman's evocation of the copyright law-making process. Her discussion of legislative history presents a valuable and compelling account, especially for those unfamiliar with copyright law. Nonetheless, it is not a principal focus of this review. For those who read the Columbia Journal of Law & the Arts (many of whom may well be copyright lawyers), the most provocative portions of the book, to which I will devote most attention, are likely to be the chapters in which Professor Litman (a) reviews and challenges various metaphors for copyright policy (Chapter 5, "Choosing …

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Faculty Publications

No abstract provided.

A Study Of Important Content For Undergraduate Graphic Communications Programs, Tsung-Yu Hao

Dissertations and Theses @ UNI

This study was an investigation of important content for undergraduate graphic communications programs in four-year colleges and universities. The findings of this study can help educational professionals as they design curriculum, equip laboratories, and recruit faculty.

Subject categories and content items were initially identified by a review of literature. These content items were then further refined and rated on level of importance by a panel of experts. Modified subject categories and content items were then sent to the panel a second time for rating. Through this process, 15 subject categories and 68 content items were identified.

A questionnaire was developed …

Incorporating Heterogeneity In Command Center Interactions, Holly A. H. Handley, Alexander H. Levis

Engineering Management & Systems Engineering Faculty Publications

One of the many complexities of multinational coalition operations stems from differences in culture, military procedures, and command and control processes between the cooperating command centers. These differences can influence the interactions between decision makers of different command centers and can affect the outcome of the coalition operation. A coalition model, composed of individual models of the five-stage interacting decision maker model, was used in a virtual experiment. The subjective parameters included in the decision maker model can be any attribute that characterizes the heterogeneity of the decision makers. In this case, the parameters of power distance and uncertainty avoidance …

The Effects Of Cognitive Strategy Instruction On Students' Reading Comprehension, Shira Lubliner

Master's Theses

Digitized thesis

Levels Of Reflection Of Physical-Therapy Students Using Structured Journals During A 9-Week Clinical-Education Experience, Susan Mae Young Mcginty

Master's Theses

Digitized thesis