Digital Commons Network^™

Silence Is Golden: The Case For Mandatory Disclosure Of Coastal Hazards And Land-Use Restrictions By Residential Sellers In North Carolina, David P. Hendricks

North Carolina Central Law Review

No abstract provided.

The National Frederick Douglass Moot Court Competition - Operating In The Spirit And Legacy Of Frederick Douglass, Marguerite L. Butler

North Carolina Central Law Review

No abstract provided.

Between Law And Grace: Ritual And Ritual Studies In Recent Evangelical Thought, Gerald Klingbeil

Faculty Publications

No abstract provided.

Regret Theory - Explanation, Evaluation And Implications For The Law, Grant B. Gelberg

University of Michigan Journal of Law Reform

This Note discusses regret theory, which offers an alternative explanation of rational behavior in risky or uncertain situations. Unlike traditional law and economics, which is based on expected utility theory, regret theory posits that individuals either rejoice or experience regret after making a decision, and that the anticipation of these feelings influences choices ex ante. In recent years, studies have shown the robustness of regret theory, particularly when individuals compare action to inaction, in disparate feedback environments, and when decisional agency is altered. These, and other factors, influence regret theory's impact on litigant behavior, as well as on the …

One For A, Two For B, And Four Hundred For C: The Widening Gap In Pay Between Executives And Rank And File Employees, Susan J. Stabile

University of Michigan Journal of Law Reform

This Article, focuses on executive pay in relation to that of rank and file workers. It examines the standard justifications for the vast and increasing pay gap between executives (particularly CEOs) and rank and file workers and finds that such arguments do little more than attempt to justify in economic terms a situation that exists for a very different reason. Instead, the author argues, the real reason such a huge and widening gap in pay between executive and rank and file workers exists is market failure in the mechanisms of setting executive pay, aggravated by the shareholder primacy norm, which …

Richmond Music Journal (2002-10)

Richmond Music Journal

No abstract provided.

John Salvi Iii's Revenge From The Grave: How The Abatement Doctrine Undercuts The Ability Of Abortion Providers To Stop Clinic Violence, Barry A. Bostrom, Chad Bungard, Richard J. Seron

City University of New York Law Review

No abstract provided.

Uncertainty And The Standard For Preliminary Relief, Douglas Gary Lichtman

Coase-Sandor Institute for Law & Economics Research Paper Series

In deciding whether to issue a preliminary injunction, courts today focus on three factors: the likelihood that plaintiff will ultimately prevail on the merits; the harm defendant will suffer if the injunction is wrongly issued; and the harm plaintiff will suffer if the injunction is wrongly denied. The idea is to account for the possibility that the court might err in its prediction on the merits. If wrongful denial would be particularly harmful and there is a real chance of wrongful denial, the court is more reluctant to deny. By contrast, if wrongful issuance poses the greater threat, the court …

Chironian Fall/Winter 2002, New York Medical College

The Chironian

No abstract provided.

The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith

Vanderbilt Law Review

This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and ad hoc in relation- ships where one person trusts another and becomes vulnerable to harm as a result. By contrast, the critical resource theory of fiduciary duty holds that every relationship properly designated as "fiduciary" conforms to the following pattern: One party (the "fiduciary') acts on behalf of another party (the "beneficiary') while exercising discretion with respect to a critical resource belonging to …

Maintaining The Adversarial System: The Practice Of Allowing Jurors To Question Witnesses During Trial, Kristen Debarba

Vanderbilt Law Review

A defendant sits in the witness stand undergoing examination by his attorney. He is accused of armed robbery, among other criminal acts. During the course of the defendant's testimony, a juror blurts out that he has a question. The judge tells the juror to write his question down and advises the juror that he will be able to ask his question upon completion of the attorneys' examinations. When the juror's question is finally asked, the judge indicates to the defendant's attorney that the attorney should address the matter raised by the juror on reexamination. During the reexamination, the attorney turns …

Press One For Warrant: Reinventing The Fourth Amendment's Search Warrant Requirement Through Electronic Procedures, Justin H. Smith

Vanderbilt Law Review

Numerous rulings by the Supreme Court have confirmed the long-held assertion that the Fourth Amendment's warrant requirement is a "centerpiece for the law of search and seizure, and that prescreening by neutral and detached magistrates is [at] the heart of citizens' protection against police overreaching." On September 21, 1994, however, these assertions proved inaccurate and painfully hollow for Betty Ingram, a fifty-three-year-old diabetic who awoke to the sound of armed police officers charging through her front door. The officers, who were searching for a suspect involved in a buy- and-bust operation, had neither obtained a search warrant nor knocked and …

Understory Species Patterns And Diversity In Old-Growth And Managed Northern Hardwood Forests, Robert M. Scheller, David J. Mladenoff

Environmental Science and Management Faculty Publications and Presentations

Forest management can significantly affect both the diversity and spatial patterning of understory vegetation. However, few studies have considered both diversity and spatial patterning at a stand scale. Our objective was to evaluate the effects of forest management on understory plant communities in northern hardwood forests and assess the processes governing differences in species composition, diversity, and spatial patterns. We sampled understory vegetation (all speciestall) and percentage of light transmission levels in three forest types in 12 mesic northern hardwood stands in northern Wisconsin and the Upper Peninsula of Michigan, USA: old-growth, undisturbed forests; even-aged forests resulting from clearcut logging …

The Marriage Of The False Claims Act And The Freedom Of Information Act: Parasitic Potential Or Positive Synergy?, James R. Moncus, Iii

Vanderbilt Law Review

The qui tam provisions of the False Claims Act ("FCA" or "the Act") allow private citizens to prosecute fraud on the government's behalf. There are at least three primary justifications for such provisions: (1) the need to provide private incentives to expose fraudulent conduct, (2) the Justice Department's unwillingness to aggressively prosecute fraud, and (3) the limited enforcement resources available to the federal government. The FCA contains a jurisdictional bar that provides that no court shall have jurisdiction over a qui tam FCA action if the information on which the action is based has been publicly disclosed. Ostensibly, this jurisdictional …

A Search For The Best Idea: Balancing The Conflicting Provisions Of The Individuals With Disabilities Education Act, Joshua A. Wolfe

Vanderbilt Law Review

One issue that is consistently at the forefront of political debate in America is the educational system. The debate over education involves funding, accountability, and curriculum issues, among others. One education issue that does not receive as much attention as some of the more politically charged issues is special education.

The goal of the American public school system is to educate all children, but how should that goal be implemented with regard to learning-disabled children? How does the educational system meet the individualized needs of disabled students while ensuring that these students are not isolated from the rest of the …

Application: The Blue Foundation For A Healthy Florida: Request For Proposals Fall 2002, The Blue Foundation For A Healthy Florida

Florida Blue Archives Printed Materials

No abstract provided.

Culture At Work: The Federal Writers' Project And Modern Uses Of Premodern In Lorin W. Brown's "Basilico Garduno, New Mexican Sheepherder", Matthew Basso

New Mexico Historical Review

No abstract provided.

An Essay On Environmental Justice: The Past, The Present, And Back To The Future, Eileen Gauna

Natural Resources Journal

No abstract provided.

Race, Ethnicity, And Natural Resources In The United States: A Review, John Schelhas

Natural Resources Journal

No abstract provided.

Molinist Frankfurt-Style Counterexamples And The Free Will Defense, Michael Bergmann

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The Compatibility Of Divine Determinism And Human Freedom: A Modest Proposal, David P. Hunt

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The Church With Ten Windows, Kent R. Hunter

Journal of the American Society for Church Growth

Kent Hunter has been researching church growth for twenty-seven years, and he shares some of his insights gathered from hundreds of churches in this article.

Pliability Rules, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …

Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald

Michigan Law Review

At the Supreme Court these days, it is unfashionable to second-guess states' fealty to federal law without real proof that they are ignoring it. As the Court declared in Alden v. Maine: "We are unwilling to assume the States will refuse to honor the Constitution or obey the binding laws of the United States. The good faith of the States thus provides an important assurance that 'this Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land.'" Accordingly, without proof that a state has "systematic[ally]" …

Federal Election Commission V. Colorado Republican Federal Campaign Committee And Implications For The Future Of Campaign Finance Reform, F. C. Ford Iv

South Carolina Law Review

No abstract provided.

Synthesizing Distributed Controllers For The Safe Operation Of Connectedspaces, Baskar Sridharan, Aditya P. Mathur, Kai-Yuan Cai

Department of Computer Science Technical Reports

No abstract provided.

Synthesizing A Safety Controller For Connectedspaces Using Supervisory Control, Baskar Sridharan, Aditya P. Mathur, Kai-Yuan Cai

Department of Computer Science Technical Reports

No abstract provided.

Similarity Joins For Low-And-High Dimensional Data, Dmitri V. Kalashnikov, Sunil Prabhakar

Department of Computer Science Technical Reports

No abstract provided.

Development Of An Infrastructure For The Management Of Smart Homes, Ramkumar Natarajan, Aditya P. Mathur

Department of Computer Science Technical Reports

No abstract provided.