Digital Commons Network^™

Regulatory Taxings, Eduardo M. Peñalver

Cornell Law Faculty Publications

The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory that would …

On The Design Of Efficient Priority Rules For Secured Creditors: Empirical Evidence From A Change In Law, Clas Bergström, Theodore Eisenberg, Stefan Sundgren

Cornell Law Faculty Publications

This article assesses the effect of a reduction in secured creditor priority on distributions and administrative costs in liquidating bankruptcy cases by reporting the first empirical study of the effect of a priority change. Priority reform had redistributive effects in liquidating bankruptcy. As expected, average payments to general unsecured creditors were significantly higher after the reform than before the reform and payments to secured creditors decreased. Reform did not increase the size of the pie to be distributed in bankruptcy. Nor did it increase the direct costs of bankruptcy.

The Java Cog Kit Grid Desktop : A Simple And Central Approach To Grid Computing Using The Graphical Desktop Paradigm., Pankaj R. Sahasrabudhe 1980-

Electronic Theses and Dissertations

Grid computing is evolving as a service based, flexible and secure resource sharing environment. Currently, with the help of Grid middleware toolkits, Grids are exposing their services through programming models and command line interfaces, requiring much technical knowledge of the backend Grid systems. Grid portals also exist, but fall short on integrating with native environments and maintaining a uniform user interface from portal to portal. In order to gain wider acceptance within the large and less technical oriented user communities, we need a homogeneous graphical user environment that supports the challenging task of providing Grid users an easy to use, …

Analyzing Traditional-Based Teaching Methods Versus Technology-Based Teaching Methods In Collegiate Aviation Classrooms, Robert Rhett Coleman Yates

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This study is a comparative analysis of traditional-based teaching methods versus technology-based teaching methods in collegiate aviation classrooms. Education is in a transformational period. Technology use in the classroom is a major part of this transformation. However, this change in pedagogy is not occurring as rapid as one might believe. Out of ten undergraduate professors in the United States teaching in higher education, fewer than two seriously use computers and other technologies in their classrooms. Of the ten, four to five professors never use the machines at all. The same is true in collegiate aviation classrooms; technology-based teaching methods and …

Review Of Shared Spaces And Divided Places: Material Dimensions Of Gender Relations And The American Historical Landscape., Mark T. Tebeau

History Faculty Publications

Reviews the book "Shared Spaces and Divided Places: Material Dimensions of Gender Relations and the American Historical Landscape," edited by Deborah L. Rotman and Ellen-Rose Savulis.

The Connection, Volume 3, Issue 02, Winter 2004/05, Prevention Research Center

Newsletters

The Connection is published by the Prevention Research Center (PRC), Prevention & Population Sciences, University of New Mexico, Albuquerque. The purpose of The Connection is to provide reports and updates on programs of the PRC and those of its Community Advisory Council and other partners.

The Adaptiveness Of Punishing Behavior: A Baseline Study, Levente Littvay

Department of Political Science: Dissertations, Theses, and Student Research

This study sheds light on the current patterns of punishing behavior. Experimental work with ultimatum bargaining shows that individuals have a high sensitivity to fairness, and when taken advantage of, are willing to endure costs to punish deviant behavior. Third party observers of the unfair behavior asked to represent ultimatum recipients are more hesitant to engage in such punishment. This becomes ever more puzzling when we consider individuals’ high value of their own reputation in similar settings. This leaves both rational choice modelers and political psychologists puzzled. This study presents the baseline model for a research agenda proposing a multi-agent …

Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan

Law Faculty Scholarly Articles

"Terrorist" is a word that at once vilifies and justifies, serving the same function in today's politics and popular imagination as was served by the term "Nazi" a half century ago, or "communist" thereafter, or "witch" in our colonial days, in that it is "always, or even necessarily, wrong." Few appellations today are as effective to ostracize a person, movement, or organization from civilized company, and an astonishing array of actions and reactions can be fully warranted when having as their intent a response to the mere threat -- much less an actual act -- of terrorism.

This Essay does …

Factors Influencing Appraisal Of Upset In Black Caregivers Of Persons With Alzheimer Disease And Related Dementias, Susan Toth-Cohen

Department of Occupational Therapy Faculty Papers

Black caregivers of persons with Alzheimer disease and related dementias (ADRD) have demonstrated significantly lower levels of stress and burden than white caregivers, as measured by instruments that assess caregiving burden and stressfulness of specific problem behaviors. However, the reasons for reported differences are unclear and cannot be attributed solely to race. This descriptive study used content analysis to compare black caregivers’ descriptions and interpretations of responses to memory and behavioral issues of relatives with ADRD to 11 explanations for lower levels of upset proposed in the caregiving literature. Findings confirmed only two explanations from the literature, social support and …

Images Of The Senior Population Portrayed By The American Insurance Industry, Gina Magee

Student Work

The senior generation is a rapidly growing segment of our population. The need for corporate America to target these individuals for goods and service will continue to increase. One powerful image often used to capture a target audience is the photograph. A photograph used in advertising that portrays an older adult in a positive manner may increase the likelihood of seniors purchasing a good or service from the company that is the owner of the portrayal. Although there have been several studies regarding the portrayal of people in advertising, there have not been any studies found that analyze the portrayal …

Real Property, Linda S. Finley

Mercer Law Review

The Author believes it appropriate to dedicate this Article to a man who has served as a mentor and expert for hundreds (perhaps thousands) of real estate lawyers in the State of Georgia. Affectionately known as "The Death Ray" by his students, who at one time or another admired or feared him, Professor James C. Rehberg had the knack for making a somewhat dry topic come alive (perhaps the exception being the Rule Against Perpetuities). Professor Rehberg was honored in early 2004 by students, faculty, and alumni at his official retirement. While the Author can do little to make this …

Trial Practice And Procedure, Jason L. Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook

Mercer Law Review

During this survey period, the Georgia Supreme Court and Georgia Court of Appeals issued several noteworthy opinions on topics of interest to practitioners. This Article will address these judicial opinions that cover, among other topics, the issues of damages, immunity, the attorney-client relationship, indemnification, jurisdiction and venue, statutes of limitation, standing, and trial procedure. This Article will also address several developments in Georgia's statutory law impacting trial practice and procedure.

The Socialist Roots Of American Education, John Michael Bodi

Bridgewater Review

No abstract provided.

A Postmodern Landscape, Thomas J. Mickey

Bridgewater Review

No abstract provided.

Evaluation Of The Biological Sampling Kit (Biskit) For Large-Area Surface Sampling, Mark P. Buttner, Patrica Cruz, Linda Stetzenbach, Amy Klima-Comba

Environmental & Global Health Faculty Research

Current surface sampling methods for microbial contaminants are designed to sample small areas and utilize culture analysis. The total number of microbes recovered is low because a small area is sampled, making detection of a potential pathogen more difficult. Furthermore, sampling of small areas requires a greater number of samples to be collected, which delays the reporting of results, taxes laboratory resources and staffing, and increases analysis costs. A new biological surface sampling method, the Biological Sampling Kit (BiSKit), designed to sample large areas and to be compatible with testing with a variety of technologies, including PCR and immunoassay, was …

The Role Of Normative Political Ideology In Consumer Behavior, David Crockett, Melanie Wallendorf

Faculty Publications

This study of African-American consumers living in a large racially segregated midwestern city adds to extant theory on ideology in consumer behavior by considering the role of normative political ideology in provisioning. The specific roles of traditional black liberal and black nationalist political ideologies are discussed. We conclude that normative political ideology is central to understanding shopping as an expression of social and political relations between households confronting attenuated access to goods and services, ranging from housing to food, in a setting stratified by gender, race, and class. Beyond the specifics of this demographic group and setting, we suggest contemporary …

The Medical Privilege In The Federal Courts - Should It Matter Whether Your Ego Or Your Elbow Hurts, Kenneth S. Brown

Loyola of Los Angeles Law Review

No abstract provided.

Government Privilege: A Cautionary Tale For Codifiers, Kenneth W. Graham Jr.

Loyola of Los Angeles Law Review

No abstract provided.

A Proposal For A Wholesale Reform Of California's Sentencing Practice And Policy, Michael Vitiello, Clark Kelso

Loyola of Los Angeles Law Review

No abstract provided.

Misappropriators, Tippees, And The Intent-To-Benefit Rule: What We Can Still Learn From Cady, Roberts, Craig W. Davis

Seton Hall Law Review

No abstract provided.

"Romeo And Romeo": An Examination Of Limon V. Kansas In Light Of Lawrence V. Texas, Shulamit H. Shvartsman

Seton Hall Law Review

No abstract provided.

A New Hope For International Space Law: Incorporating Nineteenth Century First Possession Principles Into The 1967 Space Treaty For The Colonization Of Outer Space In The Twenty-First Century, Brandon C. Gruner

Seton Hall Law Review

No abstract provided.

Authentic Versus Tourist : Reexamining A Collection Of West African Art In Light Of New Debates And Old Ambiguities, Sarah Joy Walker

Electronic Theses and Dissertations

The issues in defining, describing, and ultimately displaying “authentic” West African traditional art in the museum environment are often wrought with arbitrary distinctions concerning aesthetic value, artistic intention, and function in a ritual atmosphere. I examine a West African art collection, the Fulton-Meyer Collection, at the University of Mississippi Museums, and identify these works of art in terms of contemporary criteria found in both ethnographic and art history texts for specific tribal and ethnic affinities. I compare works deemed “authentic” and those that meet the tourist art criteria. I explore the reasons for these distinctions, and apply the contemporary studies …

Notes And Announcements, Medieval Feminist Forum, No.38 2004

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

A Question Of Honor: Eufeme's Transgressions In Le Roman De Silence, Kristin L. Burr

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

Mary C. Erler And Maryanne Kowaleski, Eds., Gendering The Master Narrative: Women And Power In The Middle Ages. Cornell University Press, 2003, Lisa M. Bitel

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

Rodney Hilton, Bond Men Made Free: Medieval Peasant Movement And The English Rising Of 1381, With A New Introduction By Christopher Dyer. Routledge, 2003, Cordelia Beattie

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

Pamela Porter, Courtly Love In Medieval Manuscripts. University Of Toronto Press, 2003, Louise Sylvester

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

Pre-Impact Lower Extremity Posture And Brake Pedal Force Predict Foot And Ankle Forces During An Automobile Collision, Elizabeth C. Hardin, Anne Su, Antonie J. Van Den Bogert

Mechanical Engineering Faculty Publications

Background: The purpose of this study was to determine how a driver’s foot and ankle forces during a frontal vehicle collision depend on initial lower extremity posture and brake pedal force. Method of Approach: A 2D musculoskeletal model with seven segments and six right-side muscle groups was used. A simulation of a three-second braking task found 3647 sets of muscle activation levels that resulted in stable braking postures with realistic pedal force. These activation patterns were then used in impact simulations where vehicle deceleration was applied and driver movements and foot and ankle forces were simulated. Peak rearfoot ground reaction …

Editor's Notebook: An Election Post-Mortem, Michael Kryzanek

Bridgewater Review

No abstract provided.