Digital Commons Network^™

From Rethinking To Internationalizing Criminal Law, George P. Fletcher

Faculty Scholarship

Writing Rethinking Criminal Law ("Rethinking") was a gamble. No one had ever written a serious book on comparative criminal law – in English or in any other language. No one had ever addressed English-speaking readers with the argument that some other system of legal thought – espoused by a nation defeated in a major war just thirty years before – had a superior literature on criminal law and a more refined way of thinking about the structure of criminal offenses. No one had tried to present the system of criminal law as though it were a species of …

Longitudinal Patterns Of Intimate Partner Violence, Risk, Well-Being, And Employment: Preliminary Findings, Jane C. Murphy, Mary Ann Dutton, Lisa A. Goodman, Dorothy J. Lennig

All Faculty Scholarship

Over 7 months (June 1999 to January 2000), researchers recruited 406 women from 1 of 3 sites in a northeastern city at the point they were seeking help for violence against them by a current or former male partner. Intimate partner violence was measured with a modified version of the Revised Conflict Tactics Scale. Some form of serious violence during the previous year was reported by 88 percent of the participants. By the first 3-month follow-up period, nearly one-third of the participants reported the recurrence of some form of physical violence; 20.4 percent reported an injury; and 18.1 percent reported …

Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin

All Faculty Scholarship

With an expanding market for what is now known as "complimentary and alternative" medicine (CAM), states are increasingly facing the issue of who can and who should be allowed to practice medicine. Of necessity, this question also concerns whom patients may see to treat their ailments.

This paper will argue that the struggle to define who is and who is not licensed to practice medicine is rather fruitless and will always leave patients with less choice than they desire. Part II will review the history of licensure in the United States. Parts III and IV will focus on benefits and …

Who Owns The 'First, Rough Draft Of History'? Reconsidering Copyright In News, Eric Easton

All Faculty Scholarship

This article asserts that newspapers' quest for copyright protection was an early step onto a slippery slope toward a property-based, rather than service-based, ethos, and that removing that protection may at the least mark a first, symbolic step back from the abyss. Part I examines the state of contemporary journalism, particularly with respect to the propertization of news. Part II traces the history of copyright protection for news from its origins in censorship to the American copyright regime today, with emphasis on the run up to the 1909 amendments that first codified protection for newspapers. Part III advocates the moral …

Proposed Regulations On Noncompensatory Options: A Light At The End Of The Tunnel, Walter D. Schwidetzky

All Faculty Scholarship

It has become increasingly common for partnerships to issue options. There is a dearth of authority on the federal tax treatment of options to acquire interests in partnerships. In this context, there are two main categories of options, services options and noncompensatory options. Services options, unsurprisingly, are options to acquire partnership interests where the option is received in exchange for services. Noncompensatory options cover the rest of the waterfront. The simplest version of the latter would be partnership analog to normal options found outside the partnership context: the option holder pays the partnership an option premium to acquire an option …

The Impact Of Character Education Curricula On Youth Educators, Kristyn Harms, Susan Fritz, S. Kay Rockwell

Department of Agricultural Leadership, Education, and Communication: Faculty Publications

The purpose of this study was to determine degrees of internalization of character traits across two groups (K-12 teachers and Extension staff) with varying years of participation in character education professional and program development activities. An online survey was developed to collect data describing the 109 respondents, the extent of their character education professional and program development activities, and their degrees of internalization and behavioral change. Post-then-pre data comparisons revealed significant levels of change in behaviors, including considering other peoples’ feelings and resolving conflict in a peaceful manner. All post-then-pre data demonstrated that respondents at least frequently lived their lives …

After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Swimming With The Fishes: Fish As A Transformational Symbol, Deale A. Hutton

Theses

Not Included

Designing Risk Messages In Response To Human-Caused Disasters, Michael E. Hellinger

Theses

Not Included

Use Of System Dynamics And Easel For Simulation Of The Software Development Process, Alicia Strupp

Theses

Team software development is a complex and mostly unpredictable process and is characterized by inefficient use of staff and calendar resources. Given the magnitude of software development costs, a deeper understanding of the process may suggest ways to improve resource utilization. Simulation modeling is a useful approach to study the dynamics of complex systems. System dynamics characterizes systems as collections of interacting, non-linear feedback loops. The foundations of system dynamics were developed at MIT in the early 1950s. Since that time, system dynamics has been applied to a large number of complex system domains. In the early 1980s, the system …

Brand Color Tolerances: A Comparison Of Memory Color Vs. Paired Comparison Color Matching, Allison K. Santoro

Theses

The proposed thesis topic is to compare two methods of judging brand colors, paired comparison and memory color. Today's current practice for press approval in the graphic arts industry involves an individual using a sensitive comparison of a proof to a press sheet. The resulting piece is later viewed by a user who will have no knowledge of the original (a proof). The exception, however, is the memory of the "logo" or brand color that the user may have. The argument can be made that the additional cost of a press approval is justified by the possibility of accruing extra …

Data Limitations Can Be Overcome To Move Toward Effective Business System Integration, Paul G. Ruganis

Theses

Investigation indicates that data quality and consistency issues will continue to be overwhelming impediments to the complete integration of all information systems in the current Information Technology (IT) environment. However, there is evidence that businesses can still move toward an effective "Digital Business Design" (DBD) by focusing on a relatively small number of critical success factors. The possible approaches to integration available in the current IT environment were reviewed to gain insight into candidate design bases available. The DBD implementations of sample firms were examined to explore what aspects of integration they considered in their implementations and whether or not …

Mediation On Trial: Ten Verdicts On Court-Related Adr, Nadja Alexander

Research Collection Yong Pung How School Of Law

This article critically evaluates the development of court-related mediation by reference to the evolution of ADR practice and theory. The author explores the divergent approaches taken in different jurisdictions to the relationship between ADR and court-based processes while referring to some similar phases of development and the varied empirical examinations of process. The integration of ADR into the 'mainstream' dispute resolution culture is also explored from the perspective of the diversity versus consistency of process debates while reflecting upon the variations in ADR usage between inquisitorial and more adversarial legal systems.

Reading Clarence Thomas, Kendall Thomas

Faculty Scholarship

Several years ago, a special issue of The New Yorker entitled "Black in America" included an extraordinary profile of U.S. Supreme Court Justice Clarence Thomas. Authored by Jeffrey Rosen, the article begins with an account of Justice Thomas's interventions in two of the most important cases decided during the Court's previous term. In the first of these cases, Missouri v. Jenkins, the Court was called upon to define the constitutional scope and limits of the federal judicial power to address racial concentration in Kansas City's public schools through salary increases and the creation of magnet programs. In the second …

Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld

Articles

No abstract provided.

Faulkner's Wake: The Emergence Of Literary Oxford, John Louis Fuller

Honors Theses

The genesis of this project was a commercial I saw on television advertising the University of Mississippi. “Is it the words that capture a place, or the place that captures the words?” noted actor and Mississippi native Morgan Freeman asked. I had been confident in my knowledge of literary Oxford, but the commercial made me wonder just what had created this literary environment I took for granted. I set about my task dividing the culture into three realms of influence, the town and its history, the school and its academic authority, and Square Books and its economic influence. As I …

Magic Hour's Niche In The Marketplace: The Process Of Launching A Photography Magazine, Summer Anne Hill

Honors Theses

This thesis is the result of research completed in the Journalism 401 and Journalism 501 courses. In Journalism 401 I came up with my own magazine concept, researched its potential in the marketplace, and formulated a business plan. This plan includes information about my magazine concept, its potential competition, a wish list of advertisers, and a circulation plan. In 501,1 spent months designing a 68-page prototype of Magic Hour, my photography magazine. I created a logo, a cover page, a table of contents, ten departments, two columns, and four feature stories for the magazine. The goal of this project was …

Molecular Entrapments In The Nanosized Cavities Of Polar-Solvated Zeolites X And Y”, Reagan Levidiotis

Honors Theses

Zeolites are microporous aluminosilicates that are used in many capacities as media for ion - exchange, catalysis, and molecular sieving. The internal structure of zeolites consists of silica and alumina tetrahedra arranged in such a way to form two types of cages: sodalite cages and supercages. Polynuclear aromatic hydrocarbons (PAH's) such as pyrene can get into the supercages by means of adsorption from a nonpolar solvent, but cannot be extracted from the supercage by submersion of the zeolite in a polar solvent. In this study the zeolites X and Y (which are synthetic analogs of the naturally occurring zeolite faujacite) …

Spatial Variability Of Soil Electrical Conductivity And Its Response To Soil Physical Properties, Matthew David Sleep

Honors Theses

The Soil Moisture Observatory (SMO) at the University of Mississippi (UM) is a 5 acre tract of a former agricultural field at the UM Biological Field Station. Preliminary investigations of this site included 60 continuous soil cores using the Geoprobe sampling technique. These soil cores were taken to a depth of 1.5 meters to correspond to the approximate depth of penetration for a Geonics EM38. The Geonis EM38 uses electromagnetic induction to measure apparent electrical conductivity of the soil. After three weekly measurement episodes using the Em38, the soil samples were taken. These samples were analyzed for particle size distribution, …

European Lingua Franca? Germany's Relationship With English In The Late Twentieth Century, Anna Elise Fleming

Honors Theses

The following thesis analyses the maintenance of national education, business, and social infrastructures (such as popular media and advertisement) for the English language within German borders. This linguistic situation in Germany, combined with the pressure of English as a global language, signifies the possibility of English becoming the lingua franca (common language) for Europe (both European Union and non-European Union countries), especially in the areas of higher education, business, and media.

Networking Is Not Everything: The Factors That Led To The Eventual Decline Of The Brigate Rosse, Courtney Janos Geraci

Honors Theses

This thesis concerns the Brigate Rosse, an Italian terrorist organization that was active from the late-1960s to the mid-1980s, the networks through which the Brigate Rosse chose to work, how these networks helped/hindered the success of the Brigate Rosse, and how the murder of Aldo Moro marked the turning point in the BR s success. To gather data, T looked at primary sources, such as communications that were sent by the BR and government documents, as well as secondary sources which examined the actions of the Brigate Rosse, the networks they maintained, and the social and political circumstances of Italy …

Spatial Variability Of Soil Electrical Conductivity And Its Response To Soil Physical Properties, Matthew David Sleep

Honors Theses

The Soil Moisture Observatory (SMO) at the University of Mississippi (UM) is a 5 acre tract of a former agricultural field at the UM Biological Field Station. Preliminary investigations of this site included 60 continuous soil cores using the Geoprobe sampling technique. These soil cores were taken to a depth of 1.5 meters to correspond to the approximate depth of penetration for a Geonics EM38. The Geonics EM38 uses electromagnetic induction to measure apparent electrical conductivity of the soil. After three weekly measurement episodes using the EM38, the soil samples were taken. These samples were analyzed for particle size distribution, …

Feeding Behaviour And Niche Overlap Of Two Species Of Wolf Spiders, Winter Lee Williams

Honors Theses

The diets of two species of spiders in the genus Rabidosa, Rabidosa punctulata and R. rabida, were intensively studied. These two species generally inhabit the same fields, but display very different life histories. This study has three major objectives. (1) Quantitatively address the commonly held belief that these spiders are opportunistic predators (Le., predators that take prey in the abundances in which they occur in the environment). (2) Measure the degree of niche overlap in diet for the two species (as a measure of the potential for competition). (3) Speculate on whether the overlap in diet or other factors may …

Battling From The Bottom Up: The Alleviation Of Violence Against Women By The Non-Governmental Sector In South Africa, Shane Julia Richardson

Honors Theses

This thesis seeks to examine the work of the Non-Governmental sector in alleviating violence against women in South Africa. The first chapter analyzes VAW in two time periods—1948-1994 and the post-Apartheid era, 1994-2002. The second chapter provides an overview of the roles and methodology of NGOs in post-Apartheid South Africa and presents a list of strategies that an effective NGO must employ. Finally, Chapter 3 is a case study of POWA (People Opposing Women Abuse), a Johannesburg-based VAW NGO. The case study uses the strategies and typology laid out in Chapter 2 to evaluate the work of POWA. The researcher …

Testing, Treatment, And Trust: Social Work Professional Development And The Genomics Revolution, Anna M. Scheyett, Kimberly Strom-Gottfried

Faculty and Staff Publications

Knowledge in the area of human genetics and genomics is expanding at an exponential pace, with significant implications for social work in health, mental health, and other settings. This article identifies some key roles social workers may play in the arena of genetics, discusses social workers responsibility for ongoing professional development in this area, and describes a flexible genetics and genomics social work curriculum developed by the authors. We provide an evaluation of pilot curriculum implementations, discuss ongoing strategies and barriers to dissemination, and make recommendations for future actions to more fully incorporate genetics and genomics content into the social …

"Tax Services" As A Trojan Horse In The Auditor Independence Provisions Of Sarbanes-Oxley, Matthew J. Barrett

Journal Articles

This article argues that the failure of the Sarbanes-Oxley Act of 2002 (SOx) to prohibit auditors for public companies from also providing tax services to audit clients or their executives and selling tax shelters to anyone remains a Trojan horse that threatens both the investing public and the auditing profession. Although SOx enacted several reforms designed to enhance auditor independence, the legislation and implementing regulations that the Securities and Exchange Commission (SEC) subsequently promulgated allow an auditor for a publicly traded company to provide tax services to the company as long as the audit committee preapproves the engagement.

As the …

Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon

Articles

The 1993 amendments to Rule 11 of the Federal Rules of Civil Procedure successfully reduced both the number of sanctions motions and the chilling effect on meritorious claims, contrary to initial concerns that weaker sanctions would increase frivolous filings. By introducing a safe harbor provision and altering the timing of Rule 11 motions, the amendments mitigated hindsight bias and encouraged the withdrawal of non-meritorious claims without penalty. Empirical evidence, including judicial surveys and a decline in sanctions motions, confirms the amendments' effectiveness in balancing deterrence of frivolous litigation with protection of legitimate claims.

Past And Present Proposed Amendments To The United States Constitution Regarding Marriage, Edward D. Stein

Articles

Proposals to amend the Constitution to prohibit same-sex marriages were recently actively discussed in the U.S. Senate and are likely to receive attention in the House before the year's end. This article situates arguments for these proposals within the history of attempts to amend the Constitution related to marriage by providing the first detailed, synthetic analysis of such previously proposed amendments. This examination reveals 133 previously proposed amendments to the Constitution relating to marriage, consisting primarily of proposals to prohibit interracial marriage, proposals to prohibit polygamy, and proposals to empower Congress to make uniform laws concerning marriage and divorce. By …

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

Articles

No abstract provided.

On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens

Articles

No abstract provided.