Digital Commons Network^™

Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. (“Now What?”), William W. Van Alstyne

Faculty Scholarship

This article explores the variety of opinions expressed by the Justices in the two “Ten Commandments” cases, specifically Justice O’Connor’s dissent and Justice Breyer’s concurrence in Van Orden v. Perry.

Canonical Construction And Statutory Revisionism: The Strange Case Of The Appropriations Canon, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Lost In Translation: Social Choice Theory Is Misapplied Against Legislative Intent, Arthur Lupia, Mathew D. Mccubbins

Faculty Scholarship

Several prominent scholars use results from social choice theory to conclude that legislative intent is meaningless. We disagree. We support our argument by showing that the conclusions in question are based on misapplications of the theory. Some of the conclusions in question are based on Arrow's famous General Possibility Theorem. We identify a substantial chasm between what Arrow proves and what others claim in his name. Other conclusions come from a failure to realize that applying social choice theory to questions of legislative intent entails accepting assumptions such as "legislators are omniscient" and "legislators have infinite resources for changing law …

What Is New In The New Statutory Interpretation? Introduction To The Journal Of Contemporary Legal Issues Symposium, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Terrorism: The Politics Of Prosecution, Madeline Morris

Faculty Scholarship

No abstract provided.

Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty

Faculty Scholarship

This is an edited version of a debate held at Columbia Law School on February 21, 2005.

Minimizing Corporate Liability Exposure When The Whistle Blows In The Post Sarbanes-Oxley Era, Marc I. Steinberg, Seth A. Kaufman

Faculty Journal Articles and Book Chapters

Over the past few years, numerous newspapers and magazines have featured stories discussing whistleblowers. From Sherron Watkins at Enron to Cynthia Cooper at Worldcom, employees who reported perceived corporate fraud have received widespread attention. With this increased public focus, Congress chose to provide statutory protection in the whistleblower corporate or securities law context through enactment of the Sarbanes-Oxley Act of 2002 (SOX).

Prior to SOX, federal and state statutes (as well as common law) existed to protect whistleblowers in specific settings. For example, the False Claims Act provides protection to individuals who report fraudulent activities committed against the federal government. …

Open Access Bibliography: Liberating Scholarly Literature With E-Prints And Open Access Journals, Charles W. Bailey Jr.

Copyright, Fair Use, Scholarly Communication, etc.

Scope of the Bibliography

The Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals presents over 1,300 selected English-language books, conference papers (including some digital video presentations), debates, editorials, e-prints, journal and magazine articles, news articles, technical reports, and other printed and electronic sources that are useful in understanding the open access movement’s efforts to provide free access to and unfettered use of scholarly literature. Most sources have been published between 1999 and August 31, 2004; however, a limited number of key sources published prior to 1999 are also included. Where possible, links are provided to sources …

Towards A Continuum Of Scholarship: The Eventual Collapse Of The Distinction Between Grey And Non-Grey Literature, Marcus A. Banks

Copyright, Fair Use, Scholarly Communication, etc.

Abstract (from University of Arizona Campus Repository)

This paper argues that the distinction between grey and non-grey (or white) literature will become less relevant over time, as online discovery options proliferate. In the meantime, the political success of the open access publishing movement has valuable lessons for proponents of increasing access to grey literature.

Unshap'd Monsters: Political Farce On The London Stage, 1717-1737, Melissa Ann Bloom

Dissertations, Theses, and Capstone Projects

This dissertation reexamines the role of John Gay's and Henry Fielding's anti-government satirical farces during the politically contentious 1720s and 1730s in London. Although their plays were and still are considered, variously, burlesques, entertainments, farces, and satires, I call them satirical farce for two reasons. First, contemporaries used the term farce as much to signify political and social stances as dramatic type or function. Those political and social stances are the central focus of this dissertation. Second, I see in this collection of plays—Gay's Three Hours After Marriage (1717) and The Beggar's Opera (1728), Fielding's The Author's Farce (1730), The …

Aesthetics Of Movement And Everyday Aesthetics, Pentti Määttänen

Contemporary Aesthetics (Journal Archive)

How the general notion of experience is understood determines to some extent what one thinks about art and aesthetic experience. Pragmatism widens the concept of experience from that of sense experience. Action, practice and movement are epistemologically significant elements of experience. The environment is not just perceived, it is experienced also by acting, moving around and participating in different practices, as can be spelled out in terms of Peircean semiotics. From the pragmatist point of view, aesthetic experience is not characterized only as disinterested contemplation of art works and other elements of our environment as objects of perception. Aesthetic experience …

From Mobile Ontologies To Mobile Aesthetics, Jos De Mul

Contemporary Aesthetics (Journal Archive)

We are living in a globalizing world, characterized by constant and rapid innovation. As we are inclined to go with this flow and its accompanying discourse of mobility, there is a danger that we overlook the persistence of cultural traditions. However, this paper argues that important differences exist between pre-modern, modern and post-modern traditions with regard to the form mobility takes. After a short discussion of the role information and communication technologies play in post-modern traditions, it is argued that these technologies transform our world, and not only our electronic files, into a global database and, as a consequence, generate …

The Aesthetics Of The Road, Road Art, And Road Traffic, Yrjš Sepänmaa

Contemporary Aesthetics (Journal Archive)

Three things are required for a good road: economy, safety and beauty. A key concept of this trinity is fitting: how to fit the road into the landscape. Together, the road and the landscape form a work of road art. Art attached to the road environment - in this case the other meaning of road art - is at its simplest art works placed beside a road. Art in a more demanding form gives the landscape new dimensions of meaning. Road and art in unison are more than the sum of their parts. Furthermore, travelling is a way to get …

Movement And Participation: Journeys Within Everyday Environments, Johanna Hällsten

Contemporary Aesthetics (Journal Archive)

Motion is an elementary part of our everyday life; it determines our perception and appropriation of environmental features. We are immersed in the world while on foot, grounding awareness of the three-dimensionality of the world and ourselves through movement. As a site-specific installation artist, movement is a crucial aspect of my practice in the sense that it makes the work occur. I argue that the installation comprises the experience of the participant through his or her interaction with the space and the intervention that has occurred through movement. The experience is one which unfolds and changes as the participant walks …

Editorial

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Are Supertasters Good Candidates For Being Human Ideal Critics?, Francis Raven

Contemporary Aesthetics (Journal Archive)

This paper asks whether supertasters possess the criteria for ideal critics that David Hume outlines in his essay "Of the Standard of Taste." This might seem like a straightforward question, but there is a paradox involving supertasters: They possess more tastebuds than normal tasters, making it reasonable to assume they fulfill the requirements for Humean ideal critics with respect to taste. However, because they have more tastebuds, supertasters find certain foods bitter that normal tasters do not and thus negatively evaluate them. This might indicate that supertasters actually make poor candidates for being Humean ideal critics with respect to taste. …

Avant-Garde Or Pré-Jugé?, Sinead Murphy

Contemporary Aesthetics (Journal Archive)

This paper receives its impetus from Gadamer's account of effective history (Wirkungsgeschichte) and his corresponding challenge to the 'problem of purity' that he locates in Kant's critique of aesthetic judgment and that derives from the attempt to establish universal founding principles for thought and action. This is a deep and wide-ranging issue, and so I focus on a very specific aspect of it: the division between intuition and understanding, between history as a given flux and enlightenment as a unifying synthesis, that motivates Kant's search for pure reflective grounds to reconcile them, and on the challenge posed to this division …

The Aesthetic Dissonance Of Industrial Wind Machines, Jon Boone

Contemporary Aesthetics (Journal Archive)

Yuriko Saito recently published an essay in this journal, "Machines in the Ocean: The Aesthetics of Wind Farms" (Contemporary Aesthetics, 2 (2004)). The bulk of her essay is a search for the right aesthetic justification for wind plants sited in the ocean as well as for those onshore. Because wind power does not emit toxins into the air and its source of energy is recurrent, it offers the promise of a clean, renewable alternative to fossil fuels. The central problem with harnessing any form of energy is that enormous energies are wasted in the process of producing and channeling a …

Immersive Contemplation In Video Art Environments, Tiffany Sutton

Contemporary Aesthetics (Journal Archive)

This essay examines a form of video art -- what is called a "video environment" -- that calls upon as much as it departs from familiar conventions that are bound up in museum display. I argue that the way that works in this genre are housed in museums enables them to give rise to a form of contemplation, one involving immersion, that is, if not unique to this genre, then certainly demonstrated by it. My examples of video environments make a case for the coherence of this rarely experienced immersive form of contemplation, the value of which, in turn, makes …

Carrying The Jade Tablet: A Consideration Of Confucian Artistry, Eric C. Mullis

Contemporary Aesthetics (Journal Archive)

In this paper I discuss the aesthetic dimension of ritual action. In order to demonstrate how the rites render action aesthetically expressive, I draw on the notion of an "art of context" and further detail the Confucian understanding of artistic practice as an essential component for moral cultivation. In turn, I use John Dewey's account of aesthetic form in order to support and further demonstrate the ability of the rituals and arts to organize action and to thereby render it aesthetically significant. However, Dewey's account entails that we question either conceptual or institutional limitations of aesthetic form as such limitations …

Production Theories And Artistic Value, David E.W. Fenner

Contemporary Aesthetics (Journal Archive)

In this paper, I want to argue that what I call "production theories" - theories that purport to account for the value of a work of art instrumentally and in terms of something experienced by audience members in attending to the work - are insufficient to account for artistic value. The production theories I will discuss include those of Monroe Beardsley, Nelson Goodman, Leo Tolstoy (for lack of a more current pure affective theory), and Alan Goldman (whose account may be seen as an amalgam of the first three). The first three of these theorists represent the most popular and …

The Eye And The Hand: Professional Sensitivity And The Idea Of An Aesthetics Of Work On The Land, Justin Winkler

Contemporary Aesthetics (Journal Archive)

Academic aesthetics is guided by the visual and notions of distance. In this article I want to study how an aesthetics of work, of process and proximity, could function. I am asking why the peasant population has been always been supposed not to have an aesthetic appreciation of their land. I contend that they had some kind of appreciation, but that this was conceived expressed in terms fundamentally different from the academic and pictorial landscape aesthetics. With the term 'professional' sensitivity and examples from the Swiss Alps and Southern France, I discuss the question of how an archaeology of an …

'Man Has Always Danced': Forays Into The Origins Of An Art Largely Forgotten By Philosophers, Maxine Sheets-Johnstone

Contemporary Aesthetics (Journal Archive)

Philosophers have had comparatively little to say of the art of dance, a surprising fact given the range of people both inside and outside of dance who have claimed that 'man has always danced.' This essay attempts to substantiate this claim by an inquiry into the origins of dance, its focal attention being on the word always and any linkage to males deriving from that focal point of attention. It begins with evolutionary considerations in the form of courtship displays, behaviors finely and extensively described by Darwin, and goes on to consider displays by chimpanzees in particular. These considerations point …

The Correlation Between Internal & External Markers For Abdominal Tumors: Implications For Respiratory Gating, David P. Gierga, Johanna Brewer, Gregory C. Sharp, Margrit Betke, Christopher G. Willett, George T.Y. Chen

Computer Science: Faculty Publications

Purpose: The correlation of the respiratory motion of external patient markers and abdominal tumors was examined. Data of this type are important for image-guided therapy techniques, such as respiratory gating, that monitor the movement of external fiducials.

Methods and Materials: Fluoroscopy sessions for 4 patients with internal, radiopaque tumor fiducial clips were analyzed by computer vision techniques. The motion of the internal clips and the external markers placed on the patient’s abdominal skin surface were quantified and correlated.

Results: In general, the motion of the tumor and external markers were well correlated. The maximum amount of peak-to-peak craniocaudal tumor motion …

Collaborating In Care: Developing A Model Of Dialogic Empathy In Nursing Education, Kimberlee Jean Trudeau

Dissertations, Theses, and Capstone Projects

The goal of this exploratory study was to teach nursing students to perceive empathy as a dialogic process versus as a personal characteristic through narrative reflection. This required the development of a dialogic empathy model for nursing education; that is, a model that presents empathy as a reciprocal process shared by the nurse and client within their interactions. Given the increasing cultural diversity between providers and clients in stressful medical situations, awareness of the interaction of the characteristics of oneself and another (i.e., dialogism) could potentially enhance both the efficacy and experience of care.

This study included (a) narrative reflection …

The Geographical Accessibility Of Inpatient Services Used For Heart-Related Ambulatory Cara Sensitive Conditions In Kentucky, Timothy S. Hare

Faculty Research at Morehead State University

A report submitted by Timothy S. Hare to the Research and Creative Productions Committee in 2005 on geographical accessibility of inpatient hospital services used to treat heart-related ambulatory care sensitive (ACS) conditions in Kentucky.

The Developmental Process Of Reflection In Youth Ministry, Laura Bowers

Dissertations and Theses @ UNI

The research of applied developmental practice of reflection is inconsistent and its theoretical framework changes depending on the disciplinary perspective. The variability is illustrative of reflection's complexity and its inconsistency as an ideal. This research attempts not only to define reflection within the context of the Prairie Lakes youth ministry program but also to highlight specific programmatic elements that are involved in the process. Through text analysis by the Minnesota Contextual and Content Analysis program and the theoretical guidance of Kohlberg, Mayer and Dewey insight into an applied reflective practice is formed.

The Simplification Of International Data Privacy Rules, Joel R. Reidenberg

Faculty Scholarship

The variation and complexity of national data privacy rules pose significant challenges for international data flows. Data protection laws range from ad hoc narrow legal rights, like those found in the United States, to comprehensive fair information practice statutes like those found in Europe. Because data processing frequently occurs across national borders, multiple data protection laws might apply simultaneously to international data flows. At the same time, data protection regimes may prohibit the circumvention of national standards by processing personal information at a foreign site. Global information processing thus presents a data controller with important burdens and obstacles related to …

Good Faith Business Judgment: A Theory Of Rhetoric In Corporate Law Jurisprudence, Sean J. Griffith

Faculty Scholarship

This Article develops a theory of rhetoric in corporate law jurisprudence. It begins by examining a recent innovation in Delaware case law: the emerging principle of “good faith.” Good faith is an old notion in law generally, but it offers to bring significant change to corporate law, including realignment of the business judgment rule and a shift in the traditional balance between the authority of boards and the accountability of boards to courts. This Article argues, however, that good faith functions as a rhetorical device rather than a substantive standard. That is, it operates as a speech act, a performance, …

On Collaboration, Organizations, And Conciliation In The General Theory Of Contract, Ethan J. Leib

Faculty Scholarship

Daniel Markovits's Contract and Collaboration is a thought-provoking and ground-breaking inquiry into the ethics of contract. It argues that the philosophical foundation of contract may be found in what Markovits calls the collaborative view: a principle of forming respectful communities of collaboration where contractors treat each other as ends in themselves and refrain from treating each other as mere instrumentalities. Markovits acknowledges that there are three prototypical forms of contracts: (1) person-to-person; (2) person-to-organization; and (3) organization-to-organization. He is refreshingly honest in arguing that his theory of contract only addresses Type (1) contracts. I wish to argue here that this …