Digital Commons Network^™

Lessons From The European Union: Need For A Post-Grant Mechanism For Third Party Challenge To U.S. Patents, Jordan K. Paradise

Minnesota Journal of Law, Science & Technology

No abstract provided.

Community Building In The College Classroom: Understanding The Facilitator's Role In Encouraging Community Formation, Joanne Marie Peterson

Honors Program Theses

For more than thirty years, educators have been pushing for the development of community within schools. In 1974, Gene Stanford and Albert E. Roarke wrote about the destructive potential of the then current attitudes about education. Teachers and students had specific roles to fill, and education was seen as competition between peers. Stanford and Roarke suggested that the best educational practice should rely on collaboration among students and teachers. Twenty-five years later, Mara Sapon-Shevin reiterated the view that classrooms must support cooperation and eliminate discomfort and fear from the classroom environment to maximize student learning. Today, teachers and administrators speak …

Preliminary Study Of Specific Symptoms Experienced By Individuals With Bipolar Disorder , Gail Reichman Mancini

PCOM Psychology Dissertations

The present study attempted to empirically identify symptoms of bipolar disorder to define a more accurate clinical description. A group of 30 individuals with a formal diagnosis of bipolar disorder, who had joined a support group as outpatients, a comparison group of 30 individuals with unipolar depression from an outpatient support group, and 30 nonpatient adults were administered identical measures of symptoms. Results suggested that individuals with bipolar disorder endorsed symptoms correlated with paranoia to a greater degree than individuals with unipolar disorder or nonpatient adults. In addition, symptoms of hostility, interpersonal sensitivity, depression, anxiety, global severity and psychoticism, as …

Separation And The Function Of Corporation Law, Ronald J. Gilson

Faculty Scholarship

I am delighted to participate in taking up Professor William Klein's suggestion that we could learn something by attempting a functional typology of corporation law. As a starting point, any typology must be animated by an underlying theory whose terms dictate the lines the typology draws. I want to focus my contribution at the level of the theory that might animate the architecture of this grid. To see what I mean by this, think of the Sesame Street version of Edward Levi's classic, An Introduction to Legal Reasoning. The character points at a board on which there are pictures …

An Analysis Of The Nypd's Stop-And-Frisk Policy In The Context Of Claims Of Racial Bias, Andrew Gelman, Alex Kiss, Jeffrey Fagan

Faculty Scholarship

Recent studies by police departments and researchers confirm that police stop racial and ethnic minority citizens more often than whites, relative to their proportions in the population. However, it has been argued stop rates more accurately reflect rates of crimes committed by each ethnic group, or that stop rates reflect elevated rates in specific social areas such as neighborhoods or precincts. Most of the research on stop rates and police-citizen interactions has focused on traffic stops, and analyses of pedestrian stops are rare. In this paper, we analyze data from 175,000 pedestrian stops by the New York Police Department over …

2005 Program, University Of Missouri-St. Louis

Undergraduate Research Symposium

University of Missouri-St. Louis Undergraduate Research Symposium Program

Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles [An Experiment In Real Time], Bernard E. Harcourt

Faculty Scholarship

In this article, I document the present. I make a record, with photographs, interviews, maps, and observations of L.A.'s Skid Row as it is today. Drawing on the tradition and methods of critical socio-legal studies, I also explore the constitutive dimensions of deviance. I investigate the possible attraction that disorderliness and criminality may have to today's urban pioneers. I explore the idea that deviance and disorder may become, in some corners, a consumable good to urban dwellers. And I do this by drawing on numerous hours of personal observation on the streets of L.A.'s Skid Row, on interviews of service …

Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah

Faculty Publications

In this article, I ask: What is the relationship between law and morality in response to mass violence and suffering abroad? How does law shape and determine our moral response to mass death and suffering? We repose in the law itself a desire to define the moral and the ethical parameters of legal-political action. Thus, when faced with mass violence and suffering abroad, law functions as a proxy for morality. The legal prohibition under the Genocide Convention defines morality, or cabins the variety of moral responses into a single and universally applicable ethical-legal norm of response to genocide. The moral …

Controlling Corporate Speech: Is Regulation Fair Disclosure Unconstitutional, Antony Page, Katy H. Yang

Faculty Publications

We analyze whether Regulation Fair Disclosure, SEC Chairman Arthur Levitt's crowning achievement, violates the First Amendment. Regulation FD requires that a company that discloses material non-public information to certain private audiences must also make that information public, subject to certain safe-harbors. The Regulation solely targets speech, acting either to compel it to a public audience or as a burden on private disclosure. Part I examines the reach of Regulation FD, the enforcement actions to date, and currently available empirical data. Part II provides an introduction to the interaction of the First Amendment and SEC regulations affecting speech. Part III broadens …

Mad Art And The Essential Image: Unearthing The Conversation Between Oscar Wilde’S The Picture Of Dorian Gray And Roland Barthes’S Camera Lucida, Sarah Joy Cowger

Dissertations and Theses @ UNI

Roland Barthes's notion of "mad art" (introduced in Camera Lucida)--that is, art which is compelling, arresting, and uncovering-serves as a useful lens through which the portrait in Oscar Wilde's The Picture of Dorian Gray may be viewed. In doing so, Wilde's framed image, behaving as mad art, must expose Dorian's authentic self. Such an expose is, importantly, both the product of a spectator's engaged eye as it is the result of a piece which always already contains an essence. When both elements are present (that is, both the essentialness of the art and the engagement of the viewer), the "text" …

Food Preferences Between Diverse Ethnic Groups In A College Population, Enrique Gallegos Covarrubias

Dissertations and Theses @ UNI

Obesity and its psychosocial and medical consequences are costing the United States billions of dollars per year. Many factors such as lack of physical activity, changing lifestyles, and unhealthy eating behaviors contribute to the increasing prevalence of obesity. In the present study, food preferences among college-aged students were measured from two different geographical locations (Texas and Iowa). Gender (men vs. women), ethnicity (Hispanic vs. Caucasian), and Body Mass Index scores (normal vs. overweight) were utilized as dependent variables to measure food preferences. Participants were required to rate four menus, which included important nutritional information. Ratings were obtained to measure how …

Political Psychology And Personality, Aubrey Immelman

Psychology Faculty Publications

Following a brief overview of historical approaches to personality-in-politics inquiry, this book chapter reviews the current state of the field – specifically, psychodynamic approaches, trait/motivational perspectives, and cognitive models – and argues that Theodore Millon’s personological model offers an integrative framework for assessing personality in politics and building a conceptual bridge between personality patterns and political leadership styles.

Millon’s model accounts for structural and functional personality attributes at the behavioral, phenomenological, intrapsychic, and biophysical levels of analysis and provides a theoretically coherent framework for studying personality in politics consonant with established principles in the adjacent sciences and integrative with respect …

Walden: A Sacred Geography, Joy Whiteley Ackerman

Antioch University Dissertations & Theses

In this study, I explore Walden as a place of pilgrimage. Walden Pond is located in Concord, Massachusetts, a place associated with Henry David Thoreau, a 19th century icon of American environmentalism. The site of his simple dwelling (and the focus of his book by the same name) is now a state park and national landmark that receives over half a million recreational users and tourists each year, in addition to visitors with a particular interest in Thoreau’s life and writing. I took two approaches to Walden’s sacred geography, using phenomenological methods to explore the poetics of pilgrimage and a …

Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton

Faculty Scholarship

This essay traces the vein of thought represented by Calabresi's "The Costs of Accidents", both backward in time to examine its sources, and forward to its impact on current scholarship. I focus on three broad topics: positive versus normative law and economics, positivist versus anti-positivist thinking in law, and the assumption of rationality in law and economics.

"Oh Lord, Please Don't Let Me Be Misunderstood!": Rediscovering The Mathews V. Eldridge And Penn Central Frameworks, Gary S. Lawson, Katharine Ferguson, Guillermo A. Montero

Faculty Scholarship

Mathews v. Eldridge, which addresses the procedures that must be provided for deprivations of life, liberty, or property under the Due Process Clauses, and Penn Central Transportation Co. v. City of New York, which guides inquiry into when governmental regulations rise to the level of takings of property that require just compensation, are decisions with near-canonical status. Mathews and Penn Central have some noteworthy parallels. Each decision is widely regarded as prescribing a three-factor test for resolving questions that arise under its respective domain. Each decision is almost universally decried as unworkable, incomplete, subjective, and incapable of consistent application. And …

The Scopes Trope, Jay D. Wexler

Faculty Scholarship

In his book, Where Darwin Meets the Bible: Creationists and Evolutionists in America, journalist Larry Witham introduces the reader to the various characters involved in the ongoing controversy over evolution and creationism. His account is subtle and nuanced, and he demonstrates that the controversy is more complicated than many believe. Far from caricatures of godless scientists seeking to discard religion in thedustbin of history and reactionary religious fundamentalists decrying Darwinism as the downfall of mankind, Witham gives us the real stories of real people who dwell in shades far more gray than usually recognized. This book review builds upon Witham's …

The Theory Of Penalties And The Economics Of Criminal Law, Keith N. Hylton

Faculty Scholarship

This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when penalties should be set to internalize social costs and when they should be set to completely deter offensive conduct. I use the model to generate a positive account of the function and scope of criminal law doctrines, such as intent, necessity, and rules governing the distinction between torts and crimes. The model is also consistent with the history of criminal …

Jumping Frogs, Endangered Toads, And California's Medical-Marijuana Law, George J. Annas

Faculty Scholarship

Mark Twain wasn't thinking about federalism or the structure of American government when he wrote “The Celebrated Jumping Frog of Calaveras County.” Nonetheless, he would be amused to know that today, almost 150 years later, the Calaveras County Fair and Jumping Frog Jubilee not only has a jumping-frog contest but also has its own Frog Welfare Policy. The policy includes a provision for the “Care of Sick or Injured Frogs” and a limitation entitled “Frogs Not Permitted to Participate,” which stipulates that “under no circumstances will a frog listed on the endangered species list be permitted to participate in the …

Remote Sensing Of Corridor Landscapes: A Case Study Of The National Road, Wheeling, West Virginia., Brian N. Renzella

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research is an investigation of how remote sensing can be used to supplement traditional methods of corridor management planning. Cultural resource inventory for corridor and interpretive management practices is an important component of applications for the designation of a selected route as Scenic Historic American Byways through the National Scenic Byways Program. A case study of a section of the National Road near Wheeling, West Virginia, showed that contemporary and historic aerial photography can facilitate the identification of possible impacts on a route’s historic integrity. A previously designated historic route, the National Road was America’s first federally funded interstate …

Lost In Translation: From U.S. Corporate Charter Competition To Issuer Choice In International Securities Regulation, Frederick Tung

Faculty Scholarship

Corporate charter competition among U.S. states has been held out as a model of welfare-enhancing regulatory competition. Proponents of this story also rely on it as a basis for promoting regulatory competition in international securities regulation. Issuer choice proponents argue that an issuer of securities should be permitted to choose the securities regulation of any nation to govern its securities offerings and trading worldwide. This Article challenges the notion that the claimed success of corporate charter competition among U.S. states argues in favor of issuer choice for international securities regulation.

Even granting the assumptions of race-to-the-top advocates and accepting the …

The Monyton Diaspora: A History Of The Middle Ohio River Valley, 1640-1700., Isaac J. Emrick

Graduate Theses, Dissertations, and Problem Reports (ETD)

During the seventeenth century a vibrant group of Native Americans, the Monytons, controlled southern West Virginia and northeastern Kentucky. The effects of contact with Europeans destabilized their societies as far inland as the Ohio Valley. This began the process which eventually pushed most Monytons from the region. The Five Nations Iroquois, pressured by social changes farther north, attacked the Monytons further drawing people out of the Ohio Valley. A growing southern Indian slave trade also contributed to the decay of Monyton dominance in the region. A central point in this thesis is that Monytons formed and reformed traditions to deal …

Engineering A Dimeric Caspase-9: A Re-Evaluation Of The Induced Proximity Model For Caspase Activation, Yang Chao, Eric N. Shiozaki, Srinivasa M. Srinivasula, Robert Fairman

Biology Faculty Scholarship

No abstract provided.

To Die Laughing And To Laugh At Dying: Revisiting The Awakening, Anca Parvulescu

Women, Gender & Sexuality Studies Faculty Research

No abstract provided.

Contextual Analysis Of Tax Ownership, Alex Raskolnikov

Faculty Scholarship

Ownership is one of the most fundamental concepts in tax law, yet it remains remarkably confused. The uncertainty inhibits tax planning, leads to inconsistent responses from the government, and produces unexpected outcomes in the courts. There has been no shortage of scholarly attention to the issue, but most of the commentary has been either exceedingly narrow or focused on far-reaching reforms. As a result, the law of tax ownership lacks conceptual foundation. This article attempts to remedy the deficiency by proposing a comprehensive approach to tax ownership and demonstrating that the doctrine may (and should) be significantly clarified without a …

Rescuing Federalism After Raich: The Case For Clear Statement Rules, Thomas W. Merrill

Faculty Scholarship

The Rehnquist Court's federalism jurisprudence began with a focus on clear statement rules, but then turned to prohibitory limits on the scope of federal power. This Article specifies the differences between clear statement rules and prohibitory limitations, and outlines some of the factors courts should consider in determining which strategy to pursue in any given context. The Article argues that the scope of the Commerce Clause is an issue that should be resolved using clear statement rules. The Court's decision in United States v. Lopez to follow a prohibitory approach was both strategically mistaken and poorly executed. Although the principles …

Statutes That Are Not Static – The Case Of The Apa, Peter L. Strauss

Faculty Scholarship

...[T]he lesson of the past two hundred years is that we will do well to be on our guard against all-purpose theoretical solutions to our problems. As lawyers we will do well to be on our guard against any suggestion that, through law, our society can be reformed, purified, or saved. The function of law, in a society like our own, is altogether more modest and less apocalyptic. It is to provide a mechanism for the settlement of disputes in the light of broadly conceived principles on whose soundness, it must be assumed, there is a general consensus among us. …

Making Sense Of Payments Policy In The Information Age, Ronald J. Mann

Faculty Scholarship

Although I had been mulling over the ideas in this Essay for quite some time, I finally was driven to put the ideas on paper by a call from a colleague one Friday afternoon. He recently had purchased something on the Internet. Regrettably, the Internet merchant had never shipped the goods; apparently the merchant had failed. My colleague had given the merchant the number from his Visa card to pay for the transaction. Being well educated, my colleague assumed that he could have the charge removed from his credit card statement.

When he called the toll-free service line for the …

Global Democracy, Joshua Cohen, Charles F. Sabel

Faculty Scholarship

In this Article, we describe an emerging arena of global administration. We claim that this arena, not bounded by a state, raises accountability problems of a kind different from those addressed by conventional administrative law. And we argue that measures designed to address these problems will have potentially large implications for democratic theory and practice.

Our argument starts from the premise – stated here without nuance – that something new is happening politically beyond the borders of individual states and irreducible to their voluntary interactions. To distinguish these developments from what is commonly called "international law and politics," we use …

Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene

Faculty Scholarship

Before becoming a poster child for gender equity in athletics, Heather Sue Mercer was an all-state place kicker at Yorktown Heights High School in Yorktown Heights, New York (pop. 7,972). She enrolled at Duke University in the fall of 1994 and decided to become the first woman ever to try out for the Duke football team. Initially she failed to make the team as a walk-on, but the following spring she was invited by the seniors on the team to play in the annual Blue-White scrimmage. She ended up kicking a game-winning twenty-eight-yard field goal. Afterwards, Duke head coach Fred …

Judging Partisan Gerrymanders Under The Elections Clause, Jamal Greene

Faculty Scholarship

Twice in the last two decades, the Supreme Court has come within two votes of declaring partisan gerrymandering – the manipulation of district lines for partisan ends – a nonjusticiable political question. Last Term, in Vieth v. Jubelirer, Pennsylvania Democrats challenged an alleged Republican gerrymander of the state's congressional districts. Four members of the Court thought the question nonjusticiable, and one, Justice Kennedy, thought it justiciable under the Equal Protection Clause but nonetheless rejected the plaintiffs claims. Eighteen years earlier, in Davis v. Bandemer, a three-Justice plurality had held that a political group complaining of partisan gerrymandering – the Democratic …