Digital Commons Network^™

Wrongs Of Ignorance And Ambiguity: Lawyer Responsibility For Collective Misconduct, William H. Simon

Faculty Scholarship

Deliberate ignorance and calculated ambiguity are key recurring themes in modern scandals from Watergate to Enron. Actors, especially lawyers, seek to limit responsibility by avoiding knowledge and clear articulation. This essay considers this phenomenon from the point of view of both business organization and legal doctrine. Evasive ignorance and ambiguity seem endemic to a particular organizational model and to a traditional model of legal responsibility. Developments in both law and business, however, suggest that these models are being superceded. Many of the most dynamic businesses now emphasize practices of "transparency" designed to inhibit evasive ignorance and calculated ambiguity. A major …

Modeling And Simulation Of Photonic Crystal Fibers And Distributed Feedback Photonic Crystal Fiber Lasers, Feng Wu

Electrical & Computer Engineering Theses & Dissertations

A photonic crystal fiber (PCF) is comprised of a solid or air core surrounded by periodically arranged air holes running along the length of the fiber, which guides light in a fundamentally new way compared to conventional optical fibers, affecting almost all areas of optics and photonics. To analyze the dispersion and loss properties of PCFs, a two-dimensional (2D) finite-difference frequency-domain (FDFD) method combined with the technique of perfectly matched layer (PML) is developed. The propagation constant and loss can be obtained with accuracies in the orders of ∼10-6 and ∼10 -3, respectively.

The Bragg fiber is a kind of …

The First Amendment's Original Sin, Lee C. Bollinger

Faculty Scholarship

Times of war place considerable stress on civil liberties, especially ones protected by the First Amendment. When the nation must gather itself to fight an enemy who is intent on killing us, it is perhaps only natural that our tolerance for the usual disorder of dissent will decline. When everyone has to sacrifice for the common good, when fellow citizens are dying in that cause, the costs of speech are visible and serious. Dissent may dissuade or discourage soldiers from fighting; sowing doubt may weaken resolve just when it's needed most; falsehoods and misinformation may lead to catastrophic shifts of …

Understanding Dura, Merritt B. Fox

Faculty Scholarship

On April 19, 2005, the Supreme Court announced its unanimous opinion in Dura Pharmaceuticals, Inc. v. Broudo, concerning what a plaintiff must show to establish causation in a Rule 10b-5 fraud-on-the-market suit for damages. The opinion had been awaited with considerable anticipation, being described at the time of oral argument in the Financial Times, for example, as the "most important securities case in a decade." After the opinion was handed down, a representative of the plaintiffs' bar lauded it as a unanimous ruling protecting investors' ability to sue. A representative of the defendant's bar equally enthusiastically hailed it as …

Legal Socialization Of Children And Adolescents, Jeffrey Fagan, Tom Tyler

Faculty Scholarship

Research on children and the law has recently renewed its focus on the development of children's ties to law and legal actors. We identify the developmental process through which these relations develop as legal socialization, a process that unfolds during childhood and adolescence as part of a vector of developmental capital that promotes compliance with the law and cooperation with legal actors. In this paper, we show that ties to the law and perceptions of law and legal actors among children and adolescents change over time and age. We show that neighborhood contexts and experiences with legal actors shape the …

Attention Felons: Evaluating Project Safe Neighborhoods In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan

Faculty Scholarship

This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …

Organizational Behavior And Leadership, Steelman Library, Sheila A. Cornea

Syllabus Repository

No abstract provided.

Re-Conceptualizing Southern Rhetoric: A Meta-Critical Perspective, Christina L. Moss

LSU Doctoral Dissertations

The study of southern rhetoric and public address remains important to the study of American rhetoric and public address. However, recent years indicate a decline in the amount and variety of scholarship in this area of study. This project provides a meta-critical analysis of the history of southern rhetorical scholarship, focusing mainly on southern public address. By tracing ideology from the Agrarians, Richard Weaver, Dallas Dickey, Waldo Braden, Stephen Smith, and Stuart Towns, clear attitudes and definitions of the South, southern identity and southern rhetoric evolved to create an area of study in much need of revision. The remainder of …

Nicholson V. Williams: The Case, Jill M. Zuccardy

Denver Law Review

No abstract provided.

The Security Of Our Secrets: A History Of Privacy And Confidentiality In Law And Statistical Practice, Douglas J. Sylvester, Sharon Lohr

Denver Law Review

No abstract provided.

Schiavo And Klein (Symposium), Evan H. Caminker

Articles

When teaching federal courts, I sometimes find that students are slow to care about legal issues that initially seem picayune, hyper-technical, and unrelated to real-world concerns. It takes hard work to engage students in discussion of United States v. Klein,1 notwithstanding its apparent articulation of a foundational separation of powers principle that Congress may not dictate a "rule of decision" governing a case in federal court. A Civil War-era decision about the distribution of war spoils, one the Supreme Court has hardly ever cited since and then only to distinguish it, in cases involving takings and spotted owls? Yawn.

The Problem Of New Uses, Rebecca S. Eisenberg

Articles

Discovering new uses for drugs that are already on the market seems like it ought to be the low-lying fruit of biopharmaceutical research and development (R&D). Firms have already made significant investments in developing these drugs and bringing them to market, including testing them in clinical trials, shepherding them through the FDA regulatory approval process, building production facilities, and training sales staff to market them to physicians. By this point, the drugs have begun to enjoy goodwill among patients and physicians and casual observations in the course of clinical experience may point to potential new uses. One might expect that …

The Evolution And Revolutions Of The Networked Art Aesthetic, Jeanne Marie Kusina

Contemporary Aesthetics (Journal Archive)

Mail art, artist books, artist amps, assemblings, experimental and visual poetry, Email art, video, and performance art have all, at various times, been considered members of the loosely configured classification known as "Networked art". Yet the common thread associating these diverse media is not the manner of their production, but rather the dynamic way in which they are distributed throughout artist networks. Emphasizing communication and generosity, Networked artists attempt to subvert conventional systems of exchange while also maintaining an intimacy of expression. I will discuss these qualities and how they often evolve from subtle attempts to undermine an allegedly flawed …

The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin

Seton Hall Law Review

No abstract provided.

Vladimir Putin, Campaign Finance Reform, And The Central Meaning Of The First Amendment, John T. Valauri

Seton Hall Law Review

No abstract provided.

How Equality Became Elitist: The Cultural Politics Of Economics From The Court To The "Nanny Wars", Martha T. Mccluskey

Seton Hall Law Review

No abstract provided.

"Kulturkampf(S)" Or "Fit(S) Of Spite"?: Taking The Academic Culture Wars Seriously, Sylvia R. Lazos Vargas

Seton Hall Law Review

No abstract provided.

Immigration And The Allure Of Inclusion, Ediberto Roman

Seton Hall Law Review

No abstract provided.

Reflections On Educating Latino And Latina Undocumented Children: Beyond Plyler V. Doe, Maria Pabon Lopez

Seton Hall Law Review

No abstract provided.

"We Are Now Of The View": Backlash Activism, Cultural Cleansing, And The Kulturkampf To Resurrect The Old Deal, Francisco Valdes

Seton Hall Law Review

No abstract provided.

Interactive Manipulation Of 3d Scene Projections, Department Of Computer Science Engineering Washington University In St. Louis

All Computer Science and Engineering Research

Linear perspective is a good approximation to the format in which the human visual system conveys 3D scene information to the brain. Artists expressing 3D scenes, however, create nonlinear projections that balance their linear perspective view of a scene with elements of aesthetic style, layout and relative importance of scene objects. Manipulating the many parameters of a linear perspective camera to achieve a desired view is not easy. Controlling and combining mul-tiple such cameras to specify a nonlinear projection is an even more cumbersome task. This paper presents a direct interface, where an artist manipulates in 2D the desired projection …

Automobile Accidents Associated With Cell Phone Use: Can Cell Phone Service Providers And Manufacturers Be Held Liable Under A Theory Of Negligence?, Jordan B. Michael

Richmond Journal of Law & Technology

Cell phone related car accidents have received a lot of attention in the press and academic journals over the past few years.1 Articles have discussed the impact of driving while using a hand-held or hands-free cell phone, and in some instances have identified liability on the part of employers. A number of cases have gone to the jury on employer liability based on respondeat superior, where the employer is held responsible for the actions of an employee acting within the scope of employment.

Does Sad Music Make One Sad? An Ethnographic Perspective, Peter Manuel

Contemporary Aesthetics (Journal Archive)

The question of the presence and role of negative emotions in the experience of music - Does sad music make one sad? - has been recognized as a key to understanding much musical experience, especially in terms of the apprehension and expressive power of specifically formal features of music. One set of scholars, sometimes loosely labeled "emotivists," has argued that negative emotional responses do play a central role in the apprehension of much music, that is, that actual sadness is a natural, intentional and essential response to sad music. Advocates of this view base their arguments in large part on …

2005-00-00 Faculty Handbook, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Handbook believed to have been revised between 2002 and 2005.

Attention-Deficit/Hyperactivity Disorder: A Survey Of Assessment Practices By School Psychologists, Teresa L. Miller

Open Access Dissertations

This research was conducted to survey the assessment and diagnostic practices of school psychologists who assess individuals referred for Attention-Deficit/Hyperactivity Disorder (ADHD). Results showed that a substantial number of school psychologists routinely provide ADHD assessments despite concerns about the quality of the psychological instruments available to them or a lack of an agreed-upon gold standard for ADHD assessment. Participants reported that ADHD-related referrals were accurate approximately 65% of the time, and teachers were rated as both the most common and accurate of all referral sources. Most of the school psychologists used the Wechsler Intelligence Scale for Children, the Behavior Assessment …

Destruction Of Tnt And Rdx Residues And Devices, Junqi Yue

Open Access Dissertations

Concentrations of TNT and RDX in soil (10%) decomposed similar to the neat explosive. First-order rate constants ranged from 1.14 × 10 -7/sec (100°C) to 4.42 × 10-4/sec (250°C) for soil with 10% TNT compared to neat TNT [1.21 × 10-7 (100°C) and 7.78 × 10-5/sec (250°C)]. The 10% RDX is soil had rate constants that ranged from 1.86 × 10-5/sec (175°C) to 4.60 × 10-4/sec (210°C) compared to neat RDX [3.01 × 10-5/sec (175°C) and 1.03 × 10-3/sec (175°C). Low concentrations of TNT and RDX (i.e. 0.1%) decomposed faster than the neat explosives with rate constants ranging 2.81 × …

The Role Of Planning In Marine Resource Management: The Effect Of Differing Legislative Mandates On The Atlantic Large Whale Take Reduction Plan, Shannon Olivia Marie Bettridge

Open Access Dissertations

Natural resource management laws mandate that Federal agencies must develop and implement plans to protect living and non-living resources. Occasionally these laws overlap in their jurisdiction of marine species, subjecting the resource in question to the requirements of more than one Federal statute. This dissertation examines the planning directives of three Federal resource laws: the National Environmental Policy Act of 1969, the Marine Mammal Protection Act of 1972, and the Endangered Species Act of 1973, to identify procedural and substantive conflicts between their mandates. In the U.S., Atlantic large whale protection comes under the purview of the three environmental statutes …

Using The Optical Microscopy Imaging Method For Studying Electromigration, Linghong Li

Open Access Dissertations

Electromigration is a microscopic phenomenon involving electric field-induced diffusion, which is very relevant to damage in interconnects. A common method to monitor interconnect degradation is through electrical resistance measurements, which requires direct electrical contacts. It is desirable to develop non-contact methods to monitor electromigration damage formation. In this thesis, we propose a novel Optical Microscopy Imaging Method (OMIM), and we provide a theoretical description and experimental results. OMIM not only provides a new method for studying electromigration, but also provides a useful method for studying other micro-devices and materials in a non-contact mode.

Recombinant Antimicrobials For Feed Based Delivery In Aquaculture, Tarquin Dorrington

Open Access Dissertations

Two antimicrobial peptides of marine origin, tachyplesin from the horseshoe crab (Tachyplesus tridentatus) and pleurocidin from the winter flounder (Pseudopleuronectes americanus), were evaluated for potential use in feed-based delivery in oyster aquaculture. Tachyplesin, a beta sheet structure was more effective against a range of gram-positive and gram-negative pathogens, as well as against the protozoan oyster parasite Perkinsus marinus. In addition, tachyplesin's structure made it more resistant to the effects of proteases from the oyster and the parasite. The two peptides also had different effects on the host bacteria of the oyster digestive system, with tachyplesin selectively killing more gram-negatives and …

The Rise And Fall Of Ec Comics, 1950-1956: Cold War Or Cultural War Casualty?, Francis Di Menno

Open Access Master's Theses

This thesis chronicles the rise and fall of the EC (Entertaining Comics) group in the period 1950-1956. Its purpose is to determine, through a study of primary and secondary sources, to what extent the 1954 congressional inquiries concerning the harmful effects of comic books were the culmination of a series of personal and political vendettas against EC's publisher William Gaines, and to what extent these inquiries were part of a broad-based cultural crusade in which a perceived slippage of cultural values was counteracted by an imposition of regulatory strictures.

To illustrate this argument, this study also chronicles relevant aspects of …