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2003

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Taxing The Victims: Compensatory Damage Awards And Attorney's Fees In Sexual Harassment Lawsuits, Marisa J. Mead Jan 2003

Taxing The Victims: Compensatory Damage Awards And Attorney's Fees In Sexual Harassment Lawsuits, Marisa J. Mead

Journal of Law and Policy

No abstract provided.

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John Punshon's Reasons For Hope: The Faith And Future Of The Friends Church*: A Review, Arthur O. Roberts Jan 2003

John Punshon's Reasons For Hope: The Faith And Future Of The Friends Church*: A Review, Arthur O. Roberts

Quaker Religious Thought

In 1969 Elton Trueblood attributed the forfeiture of values in our culture in part to academicians and looked for recovery from the Christian intellectual who “has access to both the reasons of the heart and the reasons of the head” (A Place to Stand, p. 31). Friend John Punshon is such a Christian intellectual. His Reasons for Hope is a tract for the times. In language hortatory as well as analytical the book tugs at heart and mind. I found myself pondering it prayerfully as well as reading it critically.

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A Response To Reviews On Reasons For Hope, John Punshon Jan 2003

A Response To Reviews On Reasons For Hope, John Punshon

Quaker Religious Thought

No abstract provided.

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Rosemary Moore's The Light In Their Consciences: The Early Quakers In Britain, 1646-1666*: A Review, Stephen W. Angell Jan 2003

Rosemary Moore's The Light In Their Consciences: The Early Quakers In Britain, 1646-1666*: A Review, Stephen W. Angell

Quaker Religious Thought

No abstract provided.

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Review Of Rosemary Moore's The Light In Their Consciences, Corey Beals Jan 2003

Review Of Rosemary Moore's The Light In Their Consciences, Corey Beals

Quaker Religious Thought

No abstract provided.

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Director's Duties In A Post-Enron World: Why Language Matters, Margaret M. Blair Jan 2003

Director's Duties In A Post-Enron World: Why Language Matters, Margaret M. Blair

Vanderbilt Law School Faculty Publications

This essay observes that, in the face of corporate scandals of the last few years, a number of prominent advocates for shareholder primacy have retreated to the position that directors and officers should attempt to maximize long run share value performance, rather than short term value. But the mantra of share value maximization has no distinctive meaning and policy implications if it is not interpreted to mean maximization of short term value. This is because the actions required to maximize share value in the long run are indistinguishable in practice from actions taken in pursuit of other more broadly-stated goals …

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The Economics Of Post-September 11 Financial Aid To Airlines, Margaret M. Blair Jan 2003

The Economics Of Post-September 11 Financial Aid To Airlines, Margaret M. Blair

Vanderbilt Law School Faculty Publications

This Article considers the economic and policy merits of the Air Transportation Safety and System Stabilization Act, passed by Congress and signed into law in the immediate aftermath of the Sept. 11, 2001 terrorist attacks. The Act provided immediate cash relief to airlines to compensate them for losses resulting from the federal ground stop order during the first four days after the attack, as well as established the Air Transportation Stabilization Board to consider further federal financial assistance such as loan guarantees to airlines hurt by the actual terrorist events and the threat of future such events. During the year …

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Teaching A Course On Regulation Of The Police (With A Special Focus On The Sixth Amendment), Christopher Slobogin Jan 2003

Teaching A Course On Regulation Of The Police (With A Special Focus On The Sixth Amendment), Christopher Slobogin

Vanderbilt Law School Faculty Publications

The organizers of this symposium gave us the choice of writing about effective assistance of counsel or about teaching criminal procedure. I've decided to do both. This article discusses teaching the criminal procedure course most often called "Police Practices," for which I write a textbook entitled Regulation of Police Investigation: Legal, Historical, Empirical and Comparative Materials.' Borrowing heavily from the Teacher's Manual for that book, the first part of this article describes my general philosophy for teaching the course. The rest of the article illustrates this philosophy by describing how I teach students about the application of the Sixth Amendment …

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The Poverty Exception To The Fourth Amendment, Christopher Slobogin Jan 2003

The Poverty Exception To The Fourth Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This essay, written for the Sixth Annual LatCrit conference, explores the subterranean motifs of current rules regulating searches and seizures by the police. More specifically, it investigates whether and to what extent alienage, race and poverty influence the warrant and individualized suspicion rules purportedly governing police investigation. The essay begins by showing that, contrary to the assertion of other conference participants, Supreme Court doctrine has not created a "Mexican exception" to the Fourth Amendment (as distinguished from an "illegal alien" exception, which does seem to exist). The main focus of the article, however, is an examination of whether the Court's …

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The Structure Of Expertise In Criminal Cases, Christopher Slobogin Jan 2003

The Structure Of Expertise In Criminal Cases, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This essay, part of a two-issue symposium on the implications of Daubert v. Merrell Dow Pharmaceuticals and its progeny, is built around three propositions about expert testimony and criminal cases. First, the "Daubert trilogy's" focus on verifiability as the threshold for expert testimony pushes the criminal justice system away from the notion that knowledge is socially constructed and toward a positivist epistemology that assumes we can know things objectively. Second, in the long run, that development will be good for prosecutors and bad for criminal defendants, given the different types of expertise on which they rely. Third, the consequence of …

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Judges Of Character, Suzanna Sherry Jan 2003

Judges Of Character, Suzanna Sherry

Vanderbilt Law School Faculty Publications

For forty years, legal academics have been lost in a wilderness born of the countermajoritarian difficulty. Despite a two-century pedigree, we are still arguing about the legitimacy of judicial review and asking whether it is a curse or a blessing. Many of our most prominent constitutional scholars are mired in attempts to constrain judicial review so as to reconcile it with their idealized vision of a constitutional regime grounded in pure majoritarianism. None has succeeded. The few scholars who have attempted to move beyond the countermajoritarian difficulty face a different problem. As one scholar has argued, "[i]t takes a theory …

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The Unmaking Of A Precedent, Suzanna Sherry Jan 2003

The Unmaking Of A Precedent, Suzanna Sherry

Vanderbilt Law School Faculty Publications

How far can you stretch precedent before it breaks? The 2002 Term suggests that some Justices seem to think that treating precedent like silly putty is preferable to acknowledging that it might be in need of revision. But obvious inconsistencies in the application of precedent are a strong indication of underlying doctrinal problems. In this article, I suggest that the majority's misuse of precedent in Nevada Department of Human Resources v Hibbs' should lead us to question the soundness of the Supreme Court's previous cases defining the limits of Congress's authority under Section 5 of the Fourteenth Amendment. But the …

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Myth Of Ownership / Myth Of Government, Jeffrey Schoenblum Jan 2003

Myth Of Ownership / Myth Of Government, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

Indisputably, the lives of all individuals, now and throughout history, have not been commensurate in every respect. No individual has the most of everything at all times - net worth, love, happiness, security, companionship, fame, food, land, grandchildren, or whatever else he or she values.1 Nevertheless, a utopian strain in intellectual thought, emanating as the Enlightenment afterglow,2 continues to place its faith in the public construction of an ersatz equality that has never existed naturally.3 The Myth of Ownership, a recent book by two New York University law/philosophy professors, Liam Murphy and Thomas Nagel, is a striking exemplar of this …

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The Origins Of Felony Jury Sentencing In The United States, Nancy J. King Jan 2003

The Origins Of Felony Jury Sentencing In The United States, Nancy J. King

Vanderbilt Law School Faculty Publications

All of the states admitted to the Union by 1800 eventually abandoned capital punishment for most felonies in favor of discretionary terms of imprisonment. But of these states, only Virginia, Kentucky, and Georgia adopted jury sentencing. In 1786, Pennsylvania became the first state to adopt discretionary terms of hard labor and imprisonment as the primary punishment for felony offenses-delegating to judges the authority to select those terms. In 1796, Virginia opted for jury sentencing, while New York followed Pennsylvania's lead. After 1796, with both Pennsylvania's judge sentencing and Virginia's jury sentencing models to choose from, New Jersey and all of …

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Possible Contraction And Its Effect On 2002 Major League Baseball Attendance, Peter W. Newberry Jan 2003

Possible Contraction And Its Effect On 2002 Major League Baseball Attendance, Peter W. Newberry

Honors Theses

This paper creates three demand equations for baseball attendance to determine the factors that affect spring training and regular season attendance. It also examines what effect the threat of contraction had on the Montreal Expos' and Minnesota Twins' attendance. Cross sectional models using data from the 2002 spring training and regular seasons are estimated and analyzed. A third panel data set model is also formed and examined. Results from the spring training and regular season models indicate that the two teams threatened to be eliminated witnessed lower attendance compared to the rest of the league. The panel data model's results …

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The Role Of Predator-Induced Polyphenism In The Evolution Of Cognition: A Baldwinian Speculation, Scott F. Gilbert Jan 2003

The Role Of Predator-Induced Polyphenism In The Evolution Of Cognition: A Baldwinian Speculation, Scott F. Gilbert

Biology Faculty Works

No abstract provided.

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Saru, A Sara Homolog, Is Repressed By Sart And Regulates Virulence Genes In Staphylococcus Aureus, Adhar C. Manna, Ambrose L. Cheung Jan 2003

Saru, A Sara Homolog, Is Repressed By Sart And Regulates Virulence Genes In Staphylococcus Aureus, Adhar C. Manna, Ambrose L. Cheung

Dartmouth Scholarship

In searching the Staphylococcus aureus genome, we previously identified sarT, a homolog of sarA, which encodes a repressor for alpha-hemolysin synthesis. Adjacent but transcribed divergently to sarT is sarU, which encodes a 247-residue polypeptide, almost twice the length of SarA. Sequence alignment disclosed that SarU, like SarS, which is another SarA homolog, could be envisioned as a molecule with two halves, with each half being homologous to SarA. SarU, as a member of the SarA family proteins, disclosed conservation of basic residues within the helix-turn-helix motif and within the beta hairpin loop, two putative DNA binding domains within this protein …

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An Investigation Of Teachers’ Knowledge And Implementation Of Effective Literacy Strategies In Kindergarten Through Second Grade In Two School Districts In A Metropolitan Area In The State Of Arkansas, Janice C. Walker Jan 2003

An Investigation Of Teachers’ Knowledge And Implementation Of Effective Literacy Strategies In Kindergarten Through Second Grade In Two School Districts In A Metropolitan Area In The State Of Arkansas, Janice C. Walker

Theses and Dissertations

The purpose of this study was to investigate teachers' knowledge and implementation of effective literacy strategies in kindergarten through second grade in two school districts in a metropolitan area in the state of Arkansas. The study investigated teachers' knowledge and implementation of effective literacy strategies within districts and among grade level. The Effective Literacy Strategy Teacher Survey was used to survey participants in the study. The questions from the survey were comprised into two scales: Teachers' Knowledge and Teacher Implementation of effective literacy strategies. Indicators derived from these two scales were utilized to measure teacher's knowledge and frequency of implementation …

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Evaluation Policies And Procedures For Building Administrators In Academically Advanced And Below Basic Schools In Arkansas, Cindy Viala Jan 2003

Evaluation Policies And Procedures For Building Administrators In Academically Advanced And Below Basic Schools In Arkansas, Cindy Viala

Theses and Dissertations

This study investigated the written policies and procedures of 10 advanced and 10 below basic school districts in Arkansas with a student population of 1,500 or more, and the opinions of building administrators within those districts concerning the evaluation of building administrators. Building administrators have the responsibility to meet public school accountability mandates from the 'No Child Left Behind' law. Data used includes written policies and procedures from each of the school districts and surveys collected from participating building administrators. Descriptive statistics and the chi-square statistic were used. Conclusions show that some school districts have written policies, but are not …

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Exploring Southern Opposition To The Morrill Land Grant Act Of 1862, Newton James Brooks Jr. Jan 2003

Exploring Southern Opposition To The Morrill Land Grant Act Of 1862, Newton James Brooks Jr.

Theses and Dissertations

The Morrill Act of 1862, a land grant act, was instrumental in establishing an affordable system of colleges and universities. These institutions established under the act were schools that included the teaching of scientific agriculture and mechanical arts. This act was passed after a struggle with opposition led by the agricultural states of the South. After the secession of these states from the Union, Congress was finally able to pass this act, and it was signed into law July 2, 1862. This study categorized and explored the reasons why the southern agricultural states were so adamantly opposed to an act …

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Every Day Is Halloween: A Goth Primer For Law Enforcement, Gordon A. Crews Jan 2003

Every Day Is Halloween: A Goth Primer For Law Enforcement, Gordon A. Crews

Criminal Justice Faculty Publications

The following article is based upon field research conducted by Dr. Gordon A. Crews dealing with juveniles and young adults involved in the “Goth” lifestyle across the United States. This research is part of his ongoing efforts over the last decade to examine the impacts of alternative lifestyles, beliefs, and practices upon juvenile delinquency and violence. Most of the information in this article has been derived from face-to-face interviews with individuals aged 13 to 39 years of age proclaiming to be Goth, Vampires, Satanists, Pagans, Wiccans, New Agers, Druids, and a myriad of other occult-based identities.

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Tough Love: Nurturing And Coercing Responsibility And Recovery In California Drug Courts, Stacy Lee Burns Jan 2003

Tough Love: Nurturing And Coercing Responsibility And Recovery In California Drug Courts, Stacy Lee Burns

Sociology Faculty Works

This article considers the activities of the participants in California drug treatment courts and their differences from more traditional criminal courts. The article focuses on how drug court judges and defendants interact to construct the defendant as a personally responsible and rehabilitatively changed "recovering" person, or, alternatively, as an essentially "addicted" and deficient self. The research also explores broader links between the ways drug courts operate and the potential complications involved in mixing coerced treatment and "voluntary" participation. The study finds that certain kinds of defendants may be discovered to be unsuitable for participation in the program; that clients negotiate …

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Improving Overland Flow Routing By Incorporating Ancillary Road Data Into Digital Elevation Models Jan 2003

Improving Overland Flow Routing By Incorporating Ancillary Road Data Into Digital Elevation Models

Journal of Spatial Hydrology

Roads, ditches, and culverts influence hydrological and geomorphological processes significantly. However, most hydrological models continue to rely solely on regional digital elevation models (DEMs) to derive overland flow directions even though these DEMs have been shown to contain inadequate topographical information to effectively represent linear landscape features. This paper introduces a methodology that improves the accuracy of grid-based overland flow routing through the use of ancillary road, ditch, and culvert data. The road enforcement algorithm (REA) that was developed re-routes overland flow on either side of a road independently, thereby enforcing linear landscape features within the flow direction matrix. The …

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A More Responsible Critique, Kevin L. Barney Jan 2003

A More Responsible Critique, Kevin L. Barney

Review of Books on the Book of Mormon 1989–2011

Review of Thomas J. Finley. “Does the Book of Mormon Reflect an Ancient Near Eastern Background?” and David J. Shepherd. “Rendering Fiction: Translation, Pseudotranslation, and the Book of Mormon.” In The New Mormon Challenge: Responding to the Latest Defenses of a Fast-Growing Movement,

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Toward A Unified Theory Of Professional Regulation, Andrew M. Perlman Jan 2003

Toward A Unified Theory Of Professional Regulation, Andrew M. Perlman

Suffolk University Law School Faculty Works

The Bar has addressed several issues in recent years that impact the legal profession's structure, including rules relating to multidisciplinary practice, multijurisdictional practice, and client solicitations. Unfortunately, theories of legal ethics have not focused on these rules, but have instead concentrated on regulations that govern how lawyers represent their clients, such as the duty of confidentiality or rules against the presentation of perjured testimony. This article contends that, by applying ethics theories to the structural rules, an additional justification emerges for more progressive regulations. Specifically, the article concludes that traditional theories can supplement existing calls for multidisciplinary practices, more liberal …

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Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne Jan 2003

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Faculty Publications

No abstract provided.

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Book Review Of Against Equality Of Opportunity, Michael Ashley Stein Jan 2003

Book Review Of Against Equality Of Opportunity, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Comparative Study Of Spectral Reflectance Estimation Based On Broad-Band Imaging Systems, Francisco Imai, Lawrence Taplin, Ellen Day Jan 2003

Comparative Study Of Spectral Reflectance Estimation Based On Broad-Band Imaging Systems, Francisco Imai, Lawrence Taplin, Ellen Day

Articles

We have been practicing spectral color estimation for museum artwork imaging and spectral estimation. We have had success using both narrow-band imaging based on a liquid crystal tunable filter (LCTF) and various broad-band imaging approaches using the same monochromatic digital camera system. Details about our spectral color imaging system description, imaging procedures and the performance of spectral estimation methods used can be found in our previous technical reports.1,2 In previous reports we focused in methods of reconstruction from narrow-band images using LCTF, while we only reported preliminary analyses of reconstruction from wide-band images using six glass filtered images and a …

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Hubble Space Telescope Observations Of Ngc 6240: A Case Study Of An Ultra-Luminous Infrared Galaxy With Obscured Activity, Joris Gerssen, Roeland P. Van Der Marel, David Axon, J. Christopher Mihos, Lars Hernquist, Joshua E. Barnes Jan 2003

Hubble Space Telescope Observations Of Ngc 6240: A Case Study Of An Ultra-Luminous Infrared Galaxy With Obscured Activity, Joris Gerssen, Roeland P. Van Der Marel, David Axon, J. Christopher Mihos, Lars Hernquist, Joshua E. Barnes

Articles

We present results from an HST study of the morphology and kinematics of NGC 6240. This merging galaxy with a double nucleus is one of the nearest and best-studied ultraluminous infrared galaxies. HST resolves both nuclei into seperate components. The distance between the northern and southern optical/near-infrared components is greater than that observed in radio and X-ray studies, arguing that even in K-band we may not be seeing all the way through the dust to the true nuclei. The ionized gas does not display rotation around either of the nuclei, or equilibrium motion in general. There is a strong velocity …

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Cigarette Smoking, Diana Williams Jan 2003

Cigarette Smoking, Diana Williams

Articles

No abstract provided.

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