Digital Commons Network^™

Coercion, Contract And Free Labor In The Nineteenth Century (A Response To Gunther Peck), Robert J. Steinfeld

Journal Articles

No abstract provided.

Just Do It: An Antidote To The Poison Pill, Julian Velasco

Journal Articles

The poison pill is the most powerful defense against hostile takeovers. It can render a company takeover-proof, or nearly so. Efforts at developing an antidote have focused largely on shareholder-adopted bylaws, but the legality of such proposals has been questioned by many. In any event, shareholder-adopted bylaws have not been very successful in eliminating poison pills thus far. In order to effect takeovers, hostile bidders cannot rely on the courts or the target company's shareholders; they can rely only on themselves. In this article, I propose a strategy for hostile bidders to counteract the poison pill and to consummate hostile …

Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey

Journal Articles

The attorneys' fees awarded to plaintiffs’ counsel in securities fraud class actions have generated controversy for years. Critics have claimed that enormous fee awards come at the expense of defrauded investors and simply spur extortionate lawsuits against issuers and other potential deep pocket defendants. Commentators also have raised concerns that plaintiffs' class action lawyers manipulated class representatives, persons who had little incentive to monitor class counsel’s activities.

To address these concerns, Congress enacted the Private Securities Litigation Reform Act ("PSLRA"). Among other things, the statute sought to protect absent class members by giving control of the litigation to lead plaintiffs …

Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook

Journal Articles

No abstract provided.

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Journal Articles

In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …

Phosphorus Contamination And Storage In Bottom Sediments Of The James River Arm Of Table Rock Lake, Southwest Missouri, Marc R. Owen

Graduate Theses/Dissertations

Eutrophic conditions in the upper James River Arm (JRA) of Table Rock Lake have been linked to phosphorus (P) inputs by wastewater treatment facilities and increasing urban development in the upper James River Basin (3,770 km2). Since the majority of P in aquatic environments is bound to sediments, bottom sediment can function as both a source and sink of P in lake systems. This study evaluates the spatial distribution, physical and chemical characteristics, and storage of sediment-P in the active layer ( < 5cm) of bottom sediments in the JRA. The JRA makes up about 20% of Table Rock Lake’s surface area, contributes about 30% of the inflow, and has the poorest water quality of the entire lake. For this study, grab samples were collected in the main arm and tributary coves at the deepest part of the lake and at several shallow sites along the main arm. Concentrations increase in a down-lake direction in the main arm ranging from 5 to >2000 ppm P. However, water-column P concentrations show a decrease down-lake, indicating that sedimentation is removing P from …

Institutionalization: What Do Empirical Studies Tell Us About Court Mediation?, Bobbi Mcadoo, Nancy A. Welsh, Roselle L. Wissler

Faculty Scholarship

In the 25 years since the Pound Conference, federal and state courts throughout the country have adopted mediation programs to resolve civil disputes. This increased use of mediation has been accompanied by a small but growing body of research examining the effects of certain choices in designing and implementing court-connected mediation programs.

This article focuses on the lessons that seem to be emerging from the available empirical data regarding best practices for programs that mediate non-family civil matters. Throughout the article, we consider the answers provided by research to three questions: (1) How does program design affect the success of …

Canadian Theatre: The Battle Of St. Lawrence And Its Aftermath, May-October 1942, Andrew Paul Burtch

Theses and Dissertations (Comprehensive)

The Battle of the St. Lawrence is one of the least discussed engagements in Canadian naval history. The vast majority of those who have dealt with it write off the battle as simply a defeat for the Canadian war effort. On closer examination, however, it becomes clear that the Battle of the St. Lawrence and its aftermath, the closure of the St. Lawrence to shipping, are much more complex. The RCN and the RCAF accomplished much in coastal defence with very little resources, and though no U-boats were killed in the engagement, Canadian naval and air units working in combination …

Evangelical Critical Discourse And The Modern World: The Sources And Implications Of The Work Of Craig Gay, Stephen L. Anderson

Theses and Dissertations (Comprehensive)

Amid the voices that energize debate in the postmodern public square, voices from conservative Protestantism have traditionally been quite muted and indistinct—missing from much public debate. But in the past few years there has been a burgeoning of Evangelical writing on the subject of interaction between the conditions of postmodernity and religious life. This renaissance has been largely unstudied, though its repercussions have been substantial. Most importantly, this resurgence has produced a ground-level rethinking of issues pertaining to the continuance of effective religious life, and indeed, of authentic personhood within the context of late modernity. One Christian social critic who …

On The Edges: Mennonite Peacemakers On Christian Peacemaker Teams, Carolyn D. Reimer

Theses and Dissertations (Comprehensive)

This study explores how Christian Peacemaker Teams (CPT) members’ self-conceptions change throughout the course of their involvement with the CPT. To address this issue, I produce an ethnographic life history account of two members of CPT, Keith Rempel and Lena Siegers. This thesis offers both a descriptive survey of CPT and a record of the life histories collected through fieldwork with the organization. The thesis devotes special attention to how these CPT members understand their religious identities; specifically, their sense of being similar to or different from their families, friends and religious tradition—in this case, the Mennonite faith. Charles Taylor’s …

The Therapeutic Value Of The Equine-Human Relationship In Recovery From Trauma: A Qualitative Analysis, Janet Yorke

Theses and Dissertations (Comprehensive)

The purpose of this research was to explore the nature of equine-human bonding and its therapeutic value in recovery from trauma. The study sample consisted of six participants who identified that their pre-existing relationships with horses were therapeutic in recovering from various types of trauma (i.e. car accidents, horse-related accidents, work accidents and health trauma). Using a phenomenological perspective and an emotionalist lens, though the use of semi-structured interviews and video-tapes of horse-rider interaction, the study sought to describe the nature of the equine human bond and how it is useful in trauma recovery. The research results show that equine-human …

Campbell-Ewald [Encyclopedia Entry], James Pokrywczynski

College of Communication Faculty Research and Publications

No abstract provided.

Cramer-Krasselt [Encyclopedia Entry], James Pokrywczynski, John Mcdonough

College of Communication Faculty Research and Publications

No abstract provided.

Printed Circuit Board Emi Source Mechanisms, Todd H. Hubing

Electrical and Computer Engineering Faculty Research & Creative Works

This tutorial paper reviews the basic mechanisms by which signal voltages and currents on a printed circuit board produce unintentional radiated emissions.

Dysthymia And Major Depression : Distinct Conditions Or Different Stages Along A One-Dimensional Continuum?, Patrick Pössel

Faculty and Staff Scholarship

Until recently researchers have discussed whether dysthymia and major depression represent distinct conditions or rather different stages along a one-dimensional continuum. This study addresses this question by examining the belief systems of normal, dysthymic, and depressed participants. We explored participants‘ beliefs and differentiated between positive and negative as well as between core and peripheral beliefs. Normal participants showed fewer negative beliefs and negative peripheral beliefs than the dysthymic group, whereas normal participants had more positive beliefs and positive core beliefs as well as fewer negative core beliefs than the depressed group. The hypothesized one-dimensional continuum could not be demonstrated for …

The Prostitution Of Lying In Wait, H. Mitchell Caldwell

University of Miami Law Review

No abstract provided.

Table Of Contents

University of Miami Law Review

No abstract provided.

Lawyers' Poker, Steven Lubet

University of Miami Law Review

No abstract provided.

Could Shakespeare Think Like A Lawyer? How Inheritance Law Issues In Hamlet May Shed Light On The Authorship Question, Thomas Regnier

University of Miami Law Review

No abstract provided.

Sex, Lies, And Polygraph Machines: The Portrait Of Mr. Cassamassima, James M. Shaw

University of Miami Law Review

No abstract provided.

Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Journal Articles

Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth century. Part …

The Fundamentals Of Forest Certification, Errol E. Meidinger, Christopher Elliott, Gerhard Oesten

Contributions to Books

Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.

Coherence Or Bust: Telling Tales About Election Law, James A. Gardner

Journal Articles

No abstract provided.

Stare Decisis And Due Process, Amy Coney Barrett

Journal Articles

In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, on occasion, slides into unconstitutionality. The Due Process Clause requires that a court give a person notice and an opportunity for a hearing before depriving her of life, liberty or property. Because of this requirement, courts have held in the context of issue preclusion that as a general rule, judicial determinations can bind only parties. The preclusion literature asserts that this parties only requirement does not apply to stare decisis because stare decisis, in contrast to issue preclusion, is a flexible doctrine. Yet stare decisis …

Biodiversity And Mom, John Copeland Nagle

Journal Articles

In December 1973, Congress enacted the Endangered Species Act (ESA). The law was the latest, and greatest, federal effort to prevent wildlife from becoming extinct. The members of Congress who voted for the law always mentioned bald eagles, grizzly bears, whooping cranes, alligators, and whales—the animals, in short, that today are most likely to be memorialized as Beanie Babies. They were also aware of the species that had already disappeared from the earth, such as the passenger pigeon and the great auk. Such images yielded an overwhelming vote in favor of the law. President Nixon signed it on December 28, …

Transient Photocatalytic Oxidation Study Of Organics On Titanium Dioxide Using Mass Spectrometry And Fourier Transform Infrared Spectroscopy, Adrienne Claire Lukaski

Theses and Dissertations

No abstract provided.

Effects Of Fluctuating Water Levels On Quality And Quantity Of Critical Fish Habitat In Devils Lake, North Dakota, Ryan John Krapp

Theses and Dissertations

No abstract provided.

Beam Volume Displacement Sensor Design : A Numerical Approach, Sai Prasad Jangiti

Theses and Dissertations

No abstract provided.

The Effect Of The Snatch On Lower Body Power, Derick J. Jensen

Theses and Dissertations

No abstract provided.

Growth Factor Regulation Of Scleral Proteoglycan Synthesis, Aaron L. Luebke

Theses and Dissertations

No abstract provided.