Digital Commons Network^™

Reforming Corporate Governance: What History Can Teach Us, Margaret M. Blair

Vanderbilt Law School Faculty Publications

In this Article, I turn to the history of corporate law for insight into the role that the corporate form plays in the organization of business enterprises. I then draw implications from this history for thinking about circumstances and situations in which corporate directors should have unimpeded control over business decisions, versus situations in which shareholders should have more input and control over business decisions. In Part I, I review historical evidence of the rapid growth in demand for the corporate form to organize businesses in the United States during the early nineteenth century. I compare the law that governed …

The President's Power To Detain "Enemy Combatants": Modern Lessons From Mr. Madison's Forgotten War, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern courts have relied too heavily on deference-based reasoning, and have failed to adequately consider both international law and congressional authorization when upholding the detentions as constitutional. The War of 1812, termed "Mr. Madison's War" by contemporary opponents, was fought largely on our own territory against a powerful foreign enemy, making it an especially rich source for comparison to the modern war …

The Denominator Blindness Effect: Accident Frequencies And The Misjudgment Of Recklessness, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

People seriously misjudge accident risks because they routinely neglect relevant information about exposure. Such risk judgments affect both personal and public policy decisions, e.g., choice of a transport mode, but also play a vital role in legal determinations, such as assessments of recklessness. Experimental evidence for a sample of 422 jury-eligible adults indicates that people incorporate information on the number of accidents, which is the numerator of the risk frequency calculation. However, they appear blind to information on exposure, such as the scale of a firm's operations, which is the risk frequency denominator. Hence, the actual observed accident frequency of …

The Divergence Of Constitutional And Statutory Interpretation, Kevin M. Stack

Vanderbilt Law School Faculty Publications

There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to both. In this Article, I challenge this shared position - as represented by Justice Antonin Scalia's originalist textualism and Professor William Eskridge's dynamic interpretive theory. I argue that the democratic and rule-of-law values that these theories invoke in fact suggest that different interpretive approaches govern constitutional and statutory interpretation. I contend, first, that disjunctures between the democratic justification for originalism in constitutional and statutory interpretation reveal the distinct …

Hard Cases Make Good Judges, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a more nuanced and pragmatist approach in the context of a mature jurisprudence. Rigid tiers of scrutiny are simply not flexible enough to accommodate both the legitimate goals of the legislature and the need to guard against illicit attempts at pure censorship of unpopular ideas. Some form of balancing-whether identified as such or simply evident in the application of intermediate scrutiny-is necessary to avoid either too much …

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Vanderbilt Law School Faculty Publications

What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of sexual orientation. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston,3 the Court upheld the right of parade organizers to exclude gay-rights banners. In Zelman v. Simmons-Harri4s , the Court permitted government funding of religious schools through vouchers issued to low-income parents. And in Rosenberger v. Rector and Visitors of the University of Virginia, the Court required state funding of the …

What's Law Got To Do With It?, Suzanna Sherry

Vanderbilt Law School Faculty Publications

The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the numbers holistically, not statistically. And what I see tells a different story--if it tells any story at all.

Public Ruses, Christopher Serkin, James E. Krier

Vanderbilt Law School Faculty Publications

The Fifth Amendment's public use requirement - a dead letter for decades - has recently been resurrected by the Michigan Supreme Court, overruling Poletown, and by the United States Supreme Court, granting certiorari in Kelo v. City of New London. At issue in these cases is the government's ability to condemn property from one private property owner and retransfer it to another, usually with a justification of more-or-less indirect economic benefits to the community. This Essay first argues the legitimacy of these government actions exists on a spectrum from true public uses, to public ruses that primarily benefit private interests …

Past, Present, And Future Trends Of The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

this article is designed to convince readers that the past, present, and future trends of the ESA are all the same. To provide context, Part I presents a brief overview of the structure of the statute and the kinds of decisions that must be made under it. Part II delves more deeply into each of the topics covered in the NR&E issues, eight in all, providing in each case the necessary legal background followed by a discussion of how the topic played out in the two NR&E issues. Finally, I conclude with a brief summary of my own perspectives on …

Block Copolymer Stabilized Self-Assembled Magnetic Nanoparticles, Li Zhang

Electronic Theses and Dissertations

Magnetic materials are currently being developed in the areas of pharmacology and medicinal chemistry for use in applications such as drug delivery and magnetic resonance imaging. Magnetic fluids are being used in audio equipment and hard disk drives. Their suspension in a particular fluid is promoted by the adsorption or reaction of steric or electrostatic stabilizers, which are appropriate for the particular medium. Critical to the success of these magnetic fluids is the development of the steric stabilizers, which must prevent the coagulation of the metal particles. Polymeric materials are one of the most suitable nonmagnetic media to disperse the …

A Case Study Of The Libraries In The Vanguard Learning Colleges, Linda G. Swaine

Electronic Theses and Dissertations

This study was conducted to determine the characteristics of a learning-centered library from the perspective of the libraries in the 12 Vanguard Learning Colleges which were participants in the Learning College Project sponsored by the League for Innovation in the Community College. The 12 Vanguard Learning Colleges were: Cascadia Community College (WA), Community College of Baltimore County (MD), Community College of Denver (CO), Humber College, (Ontario), Kirkwood Community College (IA), Lane Community College, OR), Madison Area Technical College (WI), Moraine Valley Community College (IL), Palomar College (CA), Richland College (TX), Sinclair Community College (OH), and Valencia Community College (FL). Furthermore, …

Apology And Thick Trust: What Spouse Abusers And Negligent Doctors Might Have In Common, Erin O'Connor

Vanderbilt Law School Faculty Publications

As apology advocates have previously emphasized, much of the civil litigation that clogs court dockets in America today could be avoided with a simple heartfelt apology. Although sometimes difficult to offer, these expressions of remorse are profoundly powerful and valuable for humans as social animals. Nevertheless, apologies can be problematic. This Article used evolutionary theory as a tool to explore the costs of apology in two areas-spouse abuse and medical malpractice-to suggest that excessive victim forgiveness can, in some contexts, cast doubt on the effectiveness of a purely private litigation system for creating appropriate behavioral incentives. It also explored ways …

Principles Of Influence In Negotiation, Chris Guthrie

Vanderbilt Law School Faculty Publications

Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the bargaining table, the lawyer's primary task is to persuade someone other than her own client that her client's positions, interests, and perspectives should be honored. Despite this apparent similarity, persuasion operates differently in adjudication and negotiation because the lawyer seeks to influence a different party in each process. In adjudication, the lawyer seeks primarily to persuade the judge or jury hearing the case. The judge …

Insights From Cognitive Psychology, Chris Guthrie

Vanderbilt Law School Faculty Publications

My goal in this paper is to explore cognitive psychology's place in the dispute resolution field. To do so, I first look back and then look forward. Looking back, I identify the five insights from cognitive psychology that have had the biggest impact on my own dispute resolution teaching and scholarship. Looking forward, I identify my five hopes for the future of cognitive psychology in the dispute resolution field.

United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The United States Trade Representative and the policies that he (or she) attempt to impose on our trading partners have the serious and perhaps unintended effect of destroying local culture particularly in the area of film production.

How Different Is Death? Jury Sentencing In Capital And Non-Capital Cases Compared, Nancy J. King

Vanderbilt Law School Faculty Publications

Drawing upon a recent study of felony jury sentencing in Kentucky, Virginia, and Arkansas, this essay highlights some of the similarities and differences between jury sentencing in capital cases and jury sentencing in non-capital cases. Unlike jury sentencing in capital cases, jury sentencing in non-capital cases includes functional differentials in judge and jury options for sentencing, and fewer controls on arbitrary decision-making. Jury sentencing in both contexts shares the potential for reluctance on the part of elected judges to reduce jury sentences, information gaps on the part of jurors in setting sentences, and, above all, service as a tool in …

Felony Jury Sentencing In Practice: A Three-State Study, Nancy J. King, Rosevelt L. Noble

Vanderbilt Law School Faculty Publications

Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how felony jury sentencing actually operates in three different states - Kentucky, Virginia, and Arkansas. Dozens of interviews with prosecutors, defenders, and judges, as well as an analysis of state sentencing data, reveal that this neglected corner of state criminal justice provides a unique window through which one can observe some of the most fundamental forces operating in criminal adjudication today. It turns out that jury sentencing in …

Induced Litigation, Chris Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

If "justice delayed" is "justice denied,"justice is often denied in American courts. Delay in the courts is a "ceaseless and unremitting problem of modem civil justice" that "has an irreparable effect on both plaintiffs and defendants." To combat this seemingly intractable problem, judges and court administrators routinely clamor for additional judicial resources to enable them to manage their dockets more "effectively and efficiently." By building new courthouses and adding new judgeships, a court should be able to manage its caseload more efficiently. Trial judges should be able to hold motion hearings, host settlement conferences, and conduct trials in a timely …

京味小說的嬗變 : 解讀《駱駝祥子》、《煙壺》、《鬈毛》、《頑主》, Ai Jun, Shafi Li

Lingnan Theses

“京味小說”是中國現當代文壇一個令人矚目的文學流派﹐從創始人老舍到“新京味”王朔﹐五、六十年間呈現出鮮明的嬗變軌跡。但無論該流派怎樣變化﹐京味小說中的北京都有三層象徵意義﹐即“北京象徵中國”﹐“北京象 徵鄉土”﹐以及“北京的變化顯示中國社會變動的必然性與特殊性”。讓論者尤感興趣的是“北京象徵鄉土”的這一層象徵意義﹐在本人看來這裡的“鄉 土”有兩層含意﹐其一﹐中國知識分子的精神家園﹐建基於城與人的文化同構性﹔其二﹐代表該古老都市的民間。這兩層含義使得“京味小說”中的“知識 分子話語”和“民間話語”顯示出某種內在張力﹐豐富及擴大了它的精神內涵﹐ 在不同時期的“京味小說”裡展現了不同的角力關係﹐並以越來越大的幅度向民間傾斜。

本文主要通過解讀四篇不同時期京味小說的代表作﹐理出該流派的嬗變軌跡﹐採用的是文本細讀的方法。具體地說﹐首先根據“京味小說”定義的重點﹐ 從三大方面著手分析該流派的變化﹕北京人和北京事﹐北京話﹐以及北京的風土習俗。在分析“北京人和北京事”時﹐本文追蹤分析了四篇“京味小說”中 重複出現的道具﹐同時並置考察了文本中的寓意系統、人物的命運、主題、情節結構以及其他人物的部分功能﹐希望通過這種綜合分析﹐對該流派的變化闡述深入到上述“北京象徵鄉土”的兩層含義的張力關係方面。

Kajian Tentang Perjanjian Fta Antara Afta Dan Cina, Young Kyu Jeong

Jurnal Ekonomi dan Pembangunan Indonesia

This study analyses the prospects, changes and characteristics of economics cooperation between AFTA and China after the period from l980's. Gross trade and direct investments are studies here, as well as tariff such as per categories, field, in order to understand ATTA-China's economic cooperation.

According to FTA between AFTA and China, Crude oil, gas and other products took up the greatest portion of AFTA exports until the 2008 (in the short run), since the mid-2003, exports have grown by a large margin owing to the nation's export-oriented economic development strategy. But, in the long run, foreign investment in the world …

The Influence Of Students' Cognitive Style On A Standardized Reading Test Administered In Three Different Formats, Elizabeth Lynn Blanton

Electronic Theses and Dissertations

The purpose of this study was to examine the means of scores on three forms of a standardized reading comprehension test taken by community college students in developmental reading classes. The three forms of the test were administered as a timed multiple-choice test, a constructed response test, and an un-timed multiple-choice test. Scores on the Group Embedded Figures Test (GEFT) were used to classify the students who participated in the study as having field dependent (LOW GEFT), mid-field dependent/independent (MID GEFT), or fieldindependent (HIGH GEFT) tendencies. The paired samples test was used to analyze the scores among the students classified …

Multiple Scattering Of Light In Inhomogeneous Media And Applications, Claudia Mujat

Electronic Theses and Dissertations

Light scattering-based techniques are being developed for non-invasive diagnostics of inhomogeneous media in various fields, such as medicine, biology, and material characterization. However, as most media of interest are highly scattering and have a complex structure, it is difficult to obtain a full analytical solution of the scattering problem without introducing approximations and assumptions about the properties of the system under consideration. Moreover, most of the previous studies deal with idealized scattering situations, rarely encountered in practice. This dissertation provides new analytical, numerical, and experimental solutions to describe subtle effects introduced by the properties of the light sources, and by …

Water Quality Variations During Nitrification In Drinking Water Distribution Systems, David W. Webb

Electronic Theses and Dissertations

This thesis documents the relationship among the major water quality parameters during a nitrification episode. Nitrification unexpectedly occurred in a chloraminated pilot drinking water distribution system practicing with a 4.0 mg/L as Cl2 residual dosed at 4.5:1 Cl2:NH3-N. Surface, ground and sea water were treated and disinfected with monochloramines to produce finished water quality similar to regional utility water quality. PVC, galvanized, unlined cast iron and lined iron pipes were harvested from regional distribution systems and used to build eighteen pilot distribution systems (PDSs). The PDSs were operated at a 5-day hydraulic residence time (HRT) and ambient temperatures. As seasonal …

Optimal Upfc Control And Operations For Power Systems, Xiaohe Wu

Electronic Theses and Dissertations

The content of this dissertation consists of three parts. In the first part, optimal control strategies are developed for Unified Power Flow Controller (UPFC) following the clearance of fault conditions. UPFC is one of the most versatile Flexible AC Transmission devices (FACTs) that have been implemented thus far. The optimal control scheme is composed of two parts. The first is an optimal stabilization control, which is an open-loop ‘Bang’ type of control. The second is an suboptimal damping control, which consists of segments of ‘Bang’ type control with switching functions the same as those of a corresponding approximate linear system. …

The Design And Development Of A Comprehensive 49 Locus Y-Str Database For Major U.S. Populations, Paulina Niki Berdos

Electronic Theses and Dissertations

The establishment of a U.S. National Y-STR reference database from a variety of geographically and ethically diverse populations is essential to facilitate the generation of reliable estimates of Y-STR haplotype frequencies. Such multi-locus haplotype frequencies are required to provide a statistical estimate of the significance of a match. Y-STR loci, unlike traditional STR markers, are not independent of one another and are co-inherited as extended haplotypes of linked markers. The estimation of the frequency of occurrence of a particular haplotype therefore necessitates the use of a counting method, which means that the significance of many matches is dependent upon the …

Nascar Restrictor Plate Exhaust Manifold Design Strategies, Matthew John Dollhopf

Electronic Theses and Dissertations

This paper presents the results of a study on exhaust manifold design for a NASCAR Restrictor plate internal combustion engine. A computer simulation model was developed using Ricardo WAVE software. WAVE is a computer-aided engineering code developed by Ricardo to analyze the dynamics of pressure waves, mass flows and energy losses in ducts, plenums and the intake and exhaust manifolds of various systems and machines. [1] The model was validated against experimental data from a current NASCAR Winston Cup restrictor plate motor. The parameters studied have been exhaust manifold diameters and lengths. A response surface analysis of the simulation output …

Surface Chemistry Of Application Specific Pads And Copper Chemical Mechanical Planarization, Sameer Arun Deshpande

Electronic Theses and Dissertations

Advances in the interconnection technology have played a key role in the continued improvement of the integrated circuit (IC) density, performance and cost. Copper (Cu) metallization, dual damascenes processing and integration of copper with low dielectric constant material are key issues in the IC industries. Chemical mechanical planarization of copper (CuCMP) has emerged as an important process for the manufacturing of ICs. Usually, Cu-CMP process consists of several steps such as the removal of surface layer by mechanical action of the pad and the abrasive particles, the dissolution of the abraded particles in the CMP solution, and the protection of …

Motivations For Enterprise Resource Planning (Erp) System Implementation In Public Versus Private Sector Organizations, Joycelyn Lorraine Harrison

Electronic Theses and Dissertations

The goal of this research was to increase the knowledge base regarding Enterprise Resource Planning (ERP) Software implementation, particularly in the public sector. To this end, factors regarding benefits sought through ERP system implementation and critical factors surrounding successful ERP implementation were identified. In addition, the perception of project team members’ satisfaction with modules implemented and their concerns about implementing ERP software were identified in this study. The results of this study provided recommendations for public- and private-sector organizations in order to increase their opportunity for successful ERP system implementation. The literature review and results of this study suggested that …

Ownership Diversity Within The Media Industry: Trends And Current Conditions, Thomas E. Vizcarrondo

Electronic Theses and Dissertations

This study seeks to determine if media ownership diversity remains at levels widely considered to be competitive and acceptable, despite consolidation within the media industry. The research augments the many studies analyzing programming diversity within the U. S. media industry. Rather than analyzing programming content, this study addresses ownership diversity by examining the diversity of media ownership within the context U. S. model, considered to be more of a decentralized, market-driven media industry when compared to other countries such as the United Kingdom or Canada. To measure diversity, the HerfindahlHirschman Index (HHI)—a measure of economic diversity widely used by economists …

Recruitment And Restoration Of The Oyster Crassostrea Virginica In Areas With Intense Boating Activity In Mosquito Lagoon, Florida, Lisa Michele Wall

Electronic Theses and Dissertations

Productivity, diversity and survival of estuaries are threatened by explosive coastal population growth and associated recreational activities. One major area of recreational growth has been the number of small pleasure craft motoring in shallow waters at high speeds. On the east coast of Central Florida in the Indian River Lagoon system, intense boating activity occurs year-round and intertidal reefs of the eastern oyster Crassostrea virginica with dead margins (piles of disarticulated shells) on their seaward edges are commonly found adjacent to major boating channels. The cause(s) of the dead margins is unclear. However, the disarticulated shells may be reducing reef …