Digital Commons Network^™

Institutional Boundaries And Judicial Review: Some Thoughts On How The Court Is Going About Its Business: Desperately Seeking Coherence, Danielle Pinard

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper addresses the issue of the legitimacy of judicial review from a methodological perspective. It argues that unpredictability of approach is a very serious and dangerous form of judicial activism. It analyses an ambivalent judicial attitude to facts, and the confusion that exists between rules and provisions on the one hand, and interpretation and remedies on the other. It pleads in favour of greater conceptual consistency in the way the Supreme Court of Canada handles methodological issues.

What Caused Enron? A Capsule Social And Economic History Of The 1990s, John C. Coffee Jr.

Faculty Scholarship

The sudden explosion of corporate accounting scandals and related financial irregularities that burst over the financial markets between late 2001 and the first half of 2002 – Enron, WorldCom, Tyco, Adelphia and others – raises an obvious question: Why now? What explains the concentration of financial scandals at this moment in time? Much commentary has rounded up the usual suspects and placed the blame on a decline in business morality, an increase in "infectious greed," or other similarly subjective trends that cannot be reliably measured. Although none of these possibilities can be dismissed out of hand, approaches that simply reason …

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt

Faculty Scholarship

Say the words "gun registration" to many Americans – especially pro-gun Americans, including the 3.5 million-plus members of the National Rifle Association ("NRA") – and you are likely to hear about Adolf Hitler, Nazi gun laws, gun confiscation, and the Holocaust. More specifically, you are likely to hear that one of the first things that Hitler did when he seized power was to impose strict gun registration requirements that enabled him to identify gun owners and then to confiscate all guns, effectively disarming his opponents and paving the way for the genocide of the Jewish population. "German firearm laws and …

Collective Guilt And Collective Punishment, George P. Fletcher

Faculty Scholarship

Attitudes toward collective guilt in the Middle East require us to take a closer look at guilt in the Bible. It turns out the text of Genesis is conflicted. Some passages support a theory of guilt linked with the inevitability of cleansing and punishment; other passages appear to treat guilt as a psychological state that might be cured by a confession of sins. The tension is important today in trying to understand whether the collective guilt of nations should also entail collective punishment.

Effects Of Training And Melodic Features On Mode Perception, Amber M. Leaver, Andrea R. Halpern

Faculty Journal Articles

The two modes most widely used in Western music today convey opposite moods—a distinction that nonmusicians and even young children are able to make. However, the current studies provide evidence that, despite a strong link between mode and affect, mode perception is problematic. Nonmusicians found mode discrimination to be harder than discrimination of other melodic features, and they were not able to accurately classify major and minor melodies with these labels. Although nonmusicians were able to classify major and minor melodies using affective labels, they performed at chance in mode discrimination. Training, in the form of short lessons given to …

Monogamy's Law: Compulsory Monogamy And Polyamorous Existence, Elizabeth F. Emens

Faculty Scholarship

Right now, marriage and monogamy feature prominently on the public stage. Efforts to lift prohibitions on same-sex marriage in this country and abroad have inspired people on all sides of the political spectrum to speak about the virtues of monogamy's core institution and to express views on who should be included within it. The focus of this article is different. Like an "unmannerly wedding guest," this article invites the reader to pause amidst the whirlwind of marriage talk and to think critically about monogamy and its alternatives.

Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg

Articles

In this Article, I consider the possibility of giving the USPTO input from currently active technological practitioners in evaluating the obviousness of claimed inventions. Such input could potentially serve three useful functions. First, it could improve the accuracy of USPTO decisionmaking by providing access to the perspective of actual practitioners as to the obviousness of inventions from the perspective of the hypothetical PHOSITA. Second, it could help the USPTO document the evidentiary basis for rejections that rest in part upon tacit knowledge within technological communities. Third, it could provide a quality control mechanism that would improve the credibility of USPTO …

Cross Burning: Virginia V. Black, Rodney A. Smolla

Law Faculty Publications

My first encounter with Virginia's cross-burning law was in a meeting of the Virginia ACLU Legal Panel. I sat in a group of about a dozen other volunteer lawyers listening as potential cases were presented to the panel for review. We were told the story of a Ku Klux Klan leader who had been arrested for burning a cross during a Ku Klux Klan rally conducted on a backwoods farm in southwestern Virginia, with the permission of a landowner. A copy of the Virginia cross-burning statute was distributed for us to read:

It shall be unlawful for any person or …

Combining Learning Approaches For Incremental On-Line Parsing, Deryle W. Lonsdale, Michael B. Manookin

Faculty Publications

This paper discusses the integration of two different machine learning approaches to modeling language, NL-Soar and analogical modeling (AM). The resulting hybrid system is capable of functionality that is not possible when using only one of the systems in isolation. After a brief introduction of each system, an explanation is given of how AM is used to provide information useful to NL-Soar for two tasks. Examples are given, and related issues are outlined.

Unconstitutional Police Searches And Collective Responsibility, Bernard E. Harcourt

Faculty Scholarship

Then the police officer told the suspect, without just cause, "I bet you are hiding [drugs] under your balls. If you have drugs under your balls, I am going to fuck your balls up."

Jon Gould and Stephen Mastrofski document astonishingly high rates of unconstitutional police searches in their groundbreaking article, "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution." By their conservative estimate, 30% of the 115 police searches they studied – searches that were conducted by officers in a department ranked in the top 20% nationwide, that were systematically observed by trained field observers, and that were coded …

Mome In Hindsight, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Two decades ago, the Virginia Law Review published our article “The Mechanisms of Market Efficiency” (MOME), in which we tried to discern the institutional underpinnings of financial market efficiency. We concluded that the level of market efficiency with respect to a particular fact depends on which of several market mechanisms — universally informed trading, professionally informed trading, derivatively informed trading, and uninformed trading (each of which we explain below) — operates to reflect that fact in market price. Which mechanism is operative, in turn, depends on how widely the fact is distributed among traders, which, I turn, depends on the …

Personal Practical Conflicts, Joseph Raz

Faculty Scholarship

This preliminary reflection about practical conflicts confronting single agents does little to solve the problems conflicts create. Rather, it attempts to explain what conflicts are and what questions they raise. I suggest that we have two distinct notions of single-agent conflicts reflecting two distinct theoretical questions. The first concerns the possibility of there being a right action in conflict situations. It is the question of whether and, if so, how reasons deriving from different concerns or affecting different people can be of comparable strengths. The second concerns a sense that there is something unfortunate about conflicts and that when facing …

The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik

Law Faculty Publications

This Article examines questions likely to arise with respect to these interests when an attorney suspects his or her juvenile client may be incompetent. Part I reviews the doctrine of adjudicative competence in the context of adult criminal proceedings. Part II summarizes the newly evolved application of the doctrine in juvenile court. Part III examines the ethical, legal, and practical considerations that arise when a lawyer has concerns about whether a juvenile client possesses the competence needed to participate appropriately in juvenile court proceedings.

Measuring Share Price Accuracy, Merritt B. Fox

Faculty Scholarship

This Article concerns how to measure share price accuracy. It is prompted by the fact that many scholars believe that the prices established in the stock market affect the efficiency of the real economy. In their view, more accurate prices increase the amount of value added by capital-utilizing enterprises as these enterprises use society's scarce resources for the production of goods and services. More accurate share prices help improve both the quality of choice among new proposed investment projects in the economy and the operation of existing real assets currently in corporate hands.

The proposition that more accurate share prices …

Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher

Faculty Scholarship

The centrality of guilt in the criminal law provides puzzling perspective in the perennial debate on the nature and purpose of punishment. Why is it that all legal systems use this highly charged moral term to refer to an essential component of liability to punishment? This question is not easily answered. The reliance on the concept of guilt in the criminal law is suffused with paradox and mystery.

The Ethnic Question In Law And Development, Lan Cao

Faculty Publications

No abstract provided.

Be Careful What You Wish For: Legal Sanctions And Public Safety Among Adolescent Offenders In Juvenile And Criminal Court, Jeffrey Fagan, Aaron Kupchik, Akiva Liberman

Faculty Scholarship

Three decades of legislative activism have resulted in a broad expansion of states' authority to transfer adolescent offenders from juvenile to criminal (adult) courts. At the same time that legislatures have broadened the range of statutes and lowered the age thresholds for eligibility for transfer, states also have reallocated discretion away from judges and instituted simplified procedures that permit prosecutors to elect whether adolescents are prosecuted and sentenced in juvenile or criminal court. These developments reflect popular and political concerns that relatively lenient or attenuated punishment in juvenile court violates proportionality principles for serious crimes committed by adolescents, and is …

Marriage, Cohabitation, And Collective Responsibility For Dependency, Elizabeth S. Scott

Faculty Scholarship

Marriage has fallen on hard times. Although most Americans say that a lasting marriage is an important part of their life plans, the institution no longer enjoys its former exclusive status as the core family form. This is so largely because social norms that regulate family life and women's social roles have changed. A century (or even a couple of generations) ago, marriage was a stable economic and social union that, for the most part, lasted for the joint lives of the spouses. It was the only option for a socially sanctioned intimate relationship and was the setting in which …

Digital Mountain: From Granite Archive To Global Access, William A. Barrett, Luke A. D. Hutchison, Douglas J. Kennard, Heath E. Nielson, Dallan Quass

Faculty Publications

Large-scale, multi-terabyte digital libraries are becoming feasible due to decreasing costs of storage, CPU, and bandwidth. However, costs associated with preparing content for input into the library remain high due to the amount of human labor required. This paper describes the Digital Microfilm Pipeline – a sequence of image processing operations used to populate a large-scale digital library from a “mountain” of microfilm and reduce the human labor involved. Essential parts of the pipeline include algorithms for document zoning and labeling, consensus-based template creation, reversal of geometric transformations and Just-In-Time Browsing, an interactive technique for progressive access of image content …

The Creation And Implementation Of A Spiritual Mentoring Program For Deployed Sailors And Marines On Board The Uss Oak Hill, Santiago Rodriguez

Doctor of Ministry Projects

Purpose

The purpose of this dissertation was to create, implement, and evaluate a Mentoring for Spirituality program for deployed sailors and marines on board the amphibious warship USS Oak Hill. This program endeavors to help military personnel grow in their relationship with God and, thus, help them overcome many of the emotional and behavioral problems they experience being away from home.

Problem

The spiritual lives of many United States Navy/Marine personnel under my chaplaincy direction are affected by long periods away from home. While away from their families and friends, many young sailors and marines often run the risk of …

The Development And Implementation Of A Grief Support Program At Florida Hospital, Michael R. Lombardo

Doctor of Ministry Projects

Problem

With little or no formal grief support provided at Florida Hospital, an intentional bereavement facilitation program was needed. Many of the problems individuals face can be traced back to unresolved loss. The grief support program at Florida Hospital provides numerous avenues for the grief process to take place. This study describes the development and implementation of a comprehensive grief support program at Florida Hospital designed to enhance the bereavement process for those in grief and to provide assistance to care-givers involved in bereavement facilitation.

Method

There were various methods used to evaluate the effectiveness of this program. All 219 …

Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar

Articles

As my colleague James Boyd White has observed, It may look as though we are all doing the same thing, as we huddle over our typewriters or computers, producing work called articles or books, but we are in fact often doing very different things, and I think it is important to recognize and value these differences, in ourselves and in others. There are not only differences in what we write but in whom it is that we write for. Unlike Professor White,2 I usually write as professional to professional. Again, unlike Professor White,3 I am fairly comfortable with "the voice …

A Case Study Of Senior Students' Perceptions Of Factors That Shape Aspirations In One Low-Income Rural Iowa High School, Louise Elizabeth Esveld

Dissertations and Theses @ UNI

Rural Iowa high school graduates from districts enrolling fewer than 600 students are more likely than their more urban peers to be economically disadvantaged as measured by eligibility for free and reduced cost meals. They are also less likely to aspire to high levels of educational attainment. Over the last decade, the percentage of graduates from small, rural schools intending to pursue any postsecondary education or training has approached or exceeded the percentage in more urban districts. However, among rural graduates with postsecondary intentions, the ranks of those students planning to pursue a four-year degree or higher remain disproportionately thin. …

Description Of A Program For Social Language Intervention: “If You Can Have A Conversation, You Can Have A Relationship, Lee Robinson, Bonnie Brinton, Martin Fujiki

Faculty Publications

Adolescents with impaired language comprehension and formulation skills often experience difficulty keeping up with the linguistic and social demands of peer interaction. This clinical exchange describes an individualized treatment program designed to increase the conversational skill of an adolescent male with language impairment. Treatment focused on increasing awareness of the listener’s needs and on balancing the exchange of conversational turns. Clinical performance, parent report, and client report were used to assess outcomes.

We Change The World By Doing Nothing, Suzanne Soohoo

Education Faculty Articles and Research

"The focus of this essay is on what I refer to as 'bystander apathy.' Bystanderism is the response of people who observe something that demands intervention on their part, but they choose not to get involved. I write this piece to shed light on this issue for others as well as for my own self-reflection - to understand more deeply why some people act against abuses of power and others don't; why sometimes I act and sometimes I don't. What are the forces, both internal and external, that work to keep us all from speaking against and standing up to …

Time To Make History, Time To Educate Women: A Narrative Of The Life And Work Of Christiana Thorpe Of Sierra Leone, Whitney Mcintyre Miller

Education Faculty Articles and Research

An examination of the life of Christiana Thorpe, a former nun from Sierra Leone who worked to improve education for girls and served as the only woman in a cabinet of nineteen members (as Minister of Education), then worked with the United Nations Development Programme and UNESCO amidst war and rebellion in her country.

Byu Marriott School Executive Master Of Business Administration Program Market Research Evaluating Demand For Emba Schedule Variants, Byu Marriott School

Student Works

Executive MBA programs have become an important educational option for both students and universities in recent years. EMBA programs allow students flexible schedules and provide universities with additional sources of revenue. As more and more employers require more educated managers, the demand for EMBA programs will only increase. Executive MBA programs are part-time programs usually offered weekday evenings, weekends, or online. Highly ranked universities across the globe offer EMBA's. The cost of the education varies from program to program and university to university. As more individuals pursue undergraduate education. those holding degrees seek post-graduate education to differentiate themselves and further …

Shophouse: A Mixed Use Building Type, Tung Vy Tran

Master's Projects

For the last half of the century, it has been obvious that the most popular building type built in America is the single-family house. Effectively ingrained in many as the preferred habitat style, this building type is the main appeal in the idealized American dream of a suburban house with white picket fence. Architects, urban planners, designers. writers and even some citizens understand this dream is also the epitome of sprawl. Driven by capitalistic policies and the apathetic media that often encourage wasteful consumptions and wanton disregard for the environment, sprawl is undoubtedly a complex problem to solve. In city …

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Faculty Publications

No abstract provided.

Iconoclasm And Iconophilia In Othello, Catherine E. Winiarski

Quidditas

In his book War Against the Idols, Carlos Eire argues that iconoclastic resistance to the Medieval Catholic Church began with the gentle scolding of Erasmus and ended as the "shibboleth" of radical Calvinism. The use of images in religious instruction and practice was one of the major points of dispute between Protestant reformers and Catholic counter-reformers. Iconoclasm was certainly not confined to radical Calvinism; Anglican reformers, especially those who had spent time in continental Europe as exiles (like John Jewel, Bishop of Salisbury), quickly raised the issue in their country, which had its own unique history of religious reform. …