Digital Commons Network^™

Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen

Faculty Scholarship

This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from gen­ erally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith Il's hybridity exception, thus meriting height­ ened judicial scrutiny and increased solicitude from courts.

Challenges To The Legal Profession In The New Millennium, Thomas R. Andrews

Articles

In this paper I discuss four "ethical" challenges faced by the legal profession as we enter into a new millennium. I know that these are challenges faced by the profession in the United States. And from my brief stay in Japan, I think that they are challenges faced by your legal profession, as well. In the process of discussing these challenges, I will also discuss some recent developments in the United States regarding legal ethics.

Here are the challenges I will discuss:

1. The Challenge of a Unified Legal Profession.
2. The Challenge of a Modern Law Firm.
3. The Challenge Posed by …

The First Free Exercise Case, Walter J. Walsh

Articles

Part I of this Article tells the colonial history of religious freedom in New York State from a minority perspective, with specific reference to the secrecy of the confessional-the very practice that would be constitutionally tested in Philips. Part II describes the immediate social and political issues raised by the influx of Irish Catholic refugees into New York City in the wake of the failed United Irish Rebellion of 1798. Part III treats the unfriendly 1811 ruling of the federalist Chief Justice James Kent in People v. Ruggles as representative of the dominant Anglocentric constitutional legacy of imperial Protestant …

The Freedom To Speak And The Freedom To Listen: The Admissibility Of The Criminal Defendant's Taste In Entertainment, Helen A. Anderson

Articles

In Part I of this Article, I will establish that the First Amendment protects both consumers and producers of expression, although the scope of consumer protection has not been greatly elaborated. Part II discusses attempts to hold the entertainment industry liable for crimes by third persons, as well as legislative efforts to restrict or ban certain kinds of entertainment or art deemed to cause violence. For the most part, these efforts against producers have failed.

Part III then shows how a criminal defendant's viewing, listening, or reading habits may be used as evidence against that defendant, and that the constitutional …

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Articles

This article presents the inherent contradiction between a parent-child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift.

Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research.

In the …

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.

Articles

This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."

This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.

Our descriptive journey leaves us …

Caveat Counselor: Going In-House Does Not Guarantee Work/Life Balance, Joan C. Williams

Faculty Scholarship

No abstract provided.

Transfrontier Conservation Areas Of Southern Africa And International Law In The Context Of Community Involvement, Randy J. Tanner

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

North River Lake, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Coastal Lakes Aquatic Plant Survey Report, Mary Pfauth, Mark Sytsma

Center for Lakes and Reservoirs Publications and Presentations

Invasive, non-indigenous plants can degrade water quality and fish habitat when they invade lakes, ponds, and streams. Changes in plant community architecture in lakes due to invasion by canopy-forming invasive aquatic plants can result in loss of native plant biodiversity and reduction of the structural complexity of the underwater habitat. Differences in photosynthetic biochemistry between non-indigenous and native plants can result in large diurnal pH and dissolved oxygen concentrations.

Comparative Productivity Of Five Cool-Season Pasture Grasses Under Intermittent Flood Irrigation Grazed By Beef Cow-Calf Pairs Using Management Intensive Grazing Practices, Dale Zobell, Ken Olson, Randall Wiedmeier

All Current Publications

Utah State University is engaged in studies to determine management practices that can be employed under intensive irrigated pasture to increase productivity and viability of beef and dairy producers in Utah. One of these initiatives was a study comparing five cool-season grasses grazed by beef cow-calf pairs over a 4-year period.

Introduction To The Concept Of A "Symmetry Index" For Use In The Assessment Of Biface Production Goals Illustrated Using Lithic Materials From The Avon Site (24pw340) Powell County Montana, Raven Garvey Carper

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Subhousepit 3: Assessing The Role Of A Small Semisubterranean Mat Lodge In Late Plateau Horizon Settlement Strategies, Lucille E. Harris

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Analysis Of Dermatoglyphic Heritability: A Study Of Phenotypic Relationships, Constance S. Muller-Ford

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Development Of Indiana's Sps9-A Site, Ayesha Shah, J. Olek

JTRP Technical Reports

The Superpave system for hot mix asphalt (HMA) design was introduced in 1995 and adopted throughout most of the USA by 2000. This system uses performance-oriented approach to materials selection and mix design, and takes into account the local environmental and traffic conditions. It recognizes that the behavior of HMA depends on the temperature, loading and aging conditions and provides tools (in the form of materials selection and performance-related tests) that should help to protect pavements against low-temperature cracking, rutting and fatigue cracking. This report summarizes the field and laboratory studies conducted to investigate the influence of asphalt binder grade …

Evaluation Of Indot Hyperfix Project, Kumares C. Sinha, Bob G. Mccullouch, Darcy M. Bullock, Sravanthi Konduri, Jon D. Fricker, Samuel Labi

JTRP Technical Reports

In 2003 the Indiana Department of Transportation executed an ambitious interstate reconstruction project in Indianapolis, named Hyperfix. This project completely closed the I-65/70 section during reconstruction, on which approximately 250,000 vehicles travel daily. Due to the scope and risk involved, an extensive amount of planning, coordination, and cooperation occurred. The main section was rebuilt during the total closure phase, which lasted 55 days. The total closure approach had never been performed before by INDOT on such a high volume artery in a downtown metropolitan area. This present study analyzed the project and its impact on the Indianapolis area. The report …

New Combination Treatments For Control Of Johnsongrass Along Roadsides, D. James Morré

JTRP Technical Reports

This project was to develop a cost-effective method for chemical eradication of Johnsongrass along Indiana roadsides. Johnsongrass, together with Canada thistle, represents Indiana’s most serious noxious weed invader where the need for control is mandated by law. Combined target-directed laboratory and greenhouse studies identified a new candidate herbicide, Outrider, which when combined with a new additive designated TR-IV gives eradication of Johnsongrass when applied to plants after less than 20 inches (70 cm) of growth or regrowth following mowing. The combination does not harm oversprayed established fescue or bluegrass. Based on limited implementation activities (two years experience), the recommendation is …

Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Initial Public Offerings: An Analysis Of Theory And Practice, James C. Brau, Stanley E. Fawcett

Faculty Publications

We survey 336 CFOs to compare practice to theory in the areas of IPO motivation, timing, underwriter selection, underpricing, signaling, and the decision to remain private. We find the primary motivation for going public is for acquisition purposes. CFOs base IPO timing on overall market conditions, are well-informed regarding expected underpricing, and feel underpricing compensates investors for taking risk. The most important positive signal is past historical earnings, followed by underwriter certification. CFOs have divergent opinions about the IPO process depending on firm-specific characteristics. Finally, we find the main reason for remaining private is to preserve decision-making control and ownership.

Asset Pricing Theory And The Valuation Of Canadian Paintings, Douglas J. Hodgson, Keith Vorkink

Faculty Publications

The valuation of Canadian paintings is analysed empirically. Using a sample of auction prices for major Canadian painters for the period 1968–2001, we run hedonic regressions to analyse the influence of various factors, including painter identity, on auction prices, as well as to construct a market price index. This index is used in a second-stage analysis in which we analyse the properties of Canadian art viewed as an investment asset. We apply standard asset pricing theory, as incorporated in the capital asset pricing model (CAPM), to the analysis of price movements in the market for Canadian paintings.

Whence Garch? A Preference-Based Explanation For Conditional Volatility, Grant Mcqueen, Keith Vorkink

Faculty Publications

We develop a preference-based equilibriumasset pricing model that explains low frequency conditional volatility. Similar to Barberis, Huang, and Santos (2001), agents in our model care about wealth changes, experience loss aversion, and keep a mental scorecard that a¤ects their level of risk aversion. A new feature of our model is that when perturbed by unexpected returns, investors become temporarily more sensitive to news. Gradually, investors become accustomed to the new level of wealth, restoring prior levels of risk aversion and news sensitivity. The state-dependent sensitivity to news creates the type of volatility clustering found in low frequency stock returns. We …

Corporate Governance And Dividend Policy In Emerging Markets, Todd Mitton

Faculty Publications

In a sample of 365 firms from 19 countries, I show that firms with stronger corporate governance have higher dividend payouts, consistent with agency models of dividends. In addition, the negative relationship between dividend payouts and growth opportunities is stronger among firms with better governance. I also show that firms with stronger governance are more profitable, but that greater profitability explains only part of the higher dividend payouts. The positive relationship between corporate governance and dividend payouts is limited primarily to countries with strong investor protection, suggesting that firm-level corporate governance and country-level investor protection are complements rather than substitutes.

Going Global Or Regional Or Both? Dispute Settlement In The Southern African Development Community (Sadc) And Overlaps With Other Jurisdictions, Joost H. B. Pauwelyn

Faculty Scholarship

No abstract provided.

Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener

Faculty Scholarship

Instrument choice -- the comparison of technology standards, performance standards, taxes and tradable permits -- has been a major topic in environmental law and environmental economics. Most analyses assume that emissions and health effects are positively and linearly related. If they are not, this complicates the instrument choice analysis. This article analyses the effects of a nonlinear dose/response function on instrument choice. In particular, it examines the effects of hormesis (highdose harm but low-dose benefit) on the choice between fixed performance standards and tradable emissions permits. First, the article distinguishes the effects of hormesis from the effects of local emissions. …

Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty

Faculty Scholarship

No abstract provided.

Fraud By Hindsight, Mitu Gulati, Jeffrey J. Rachlinski, Donald C. Langevoort

Faculty Scholarship

No abstract provided.

Real Discrimination?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Intellectual Property Rights In Plant Varieties: An Overview With Options For National Governments, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Contributions Of Family Leisure To Family Functioning Among Transracial Adoptive Families, Ramon B. Zabriskie, Patti Freeman

Faculty Publications

The purpose of this study was to examine family leisure behavior among intact families with transracial adoptive children and make comparisons to a broad sample of families with only biological children. The sample consisted of 197 adoptive families. Data were analyzed from a parent, youth, and family perspective. The Family Leisure Activity Profile (FLAP) was used to determine family leisure involvement. FACES II was used to measure family functioning. Findings indicated that measures of family cohesion, family adaptability, and family functioning were higher among the adoptive family sample. Core, balance, and total family leisure involvement were also higher among the …

The Influences Of Family Leisure Patterns On Perceptions Of Family Functioning*, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

This study conducted a preliminary test of a model of family leisure functioning by examining the relationship of core and balance family leisure patterns to family cohesion and adaptability. We hypothesized that core family leisure patterns address family needs for stability, facilitate the development of cohesive relationships, and are related to perceptions of family cohesion, whereas balance family leisure patterns address family needs for change, facilitate the development of adaptive skills, and are related to perceptions of family adaptability. Findings from 2 multiple regression analyses provided preliminary support for the model. Conclusions and implications are discussed.