Digital Commons Network^™

Let's Stick Together (And Break With The Past): The Use Of Economic Analysis In Wto Dispute Litigation, Petros C. Mavroidis

Faculty Scholarship

The treatment of a number of issues that are being routinely discussed in WTO dispute settlement practice could benefit substantially, were economists to be institutionally implicated in the process. As things stand, the participation of economists in dispute settlement proceedings is infrequent and erratic: for all practical purposes, it depends on the discretion of WTO adjudicating bodies. There is indirect evidence that recourse to such expertise has been made, albeit on very few occasions. Institutional reforms are necessary; otherwise, it seems unlikely that the existing picture will change in the near future. A look into ongoing negotiations on the DSU …

Modeling And Simulation To Investigate Effects Of Static Mixer, Carrier Gas, Temperature And Pressure On The Mixing Ratio Of Carbon Nanotubes Growth Reactors, David Addie Noye

Dissertations and Theses @ UNI

The problem of this study was to investigate the effects of static mixer, carrier gas, carrier gas inlet pressures, and reactor operating temperatures on the mixing ratio of carbon nanotube synthesizing reactor. The methodology included design of static mixers, mathematical modeling, and computer modeling and simulation experiments.

The simulation experiment was performed based on single phase carrier gas modeling due to difficulty and time for three phase fluid modeling. First only nitrogen carrier gas in addition to the other three factors under constant inlet flow velocity and inlet temperature was simulated. Secondly, the same procedure was applied to argon carrier …

An Idea Whose Time Has Come – But Where Will It Go, Jane C. Ginsburg

Faculty Scholarship

This Reply picks up where Professor Miller's bold proposal leaves off: with the private international law and international copyright implications of state common law protection for idea-submitters. We will first address the compatibility of the proposal with international copyright norms disqualifying ideas from copyright protection. We will then turn to the consequences of the proposal for a federal system. Professor Miller's article thoroughly examines one aspect of the federalism problem, that of federal copyright policy preemption of statebased idea protection. But in advocating a regime constricted to the fifty separate states, not all of whose courts choose to secure idea …

Disappearing Dilemmas: Judicial Construction Of Ethical Choice As Strategic Behavior In The Criminal Defense Context, Manuel Berrélez, Jamal Greene, Bryan Leach

Faculty Scholarship

Imagine the following scenario: A criminal defense attorney represents a man accused of kidnapping and murdering two children in a residential neighborhood. During the course of interviewing key witnesses, the defense attorney becomes convinced that her client was present at the scene of the murder. While her client denies having been present, his alibi changes entirely from one interview to the next. The two main witnesses that the client offers to Corroborate his most recent alibi recant, suggesting to the defense attorney that both they and the defendant were actually present at the scene of the crime. Third parties confirm …

Contractual Incompleteness: A Transactional Perspective, Avery W. Katz

Faculty Scholarship

Recent scholarship in the field of contract law has concentrated on contractual incompleteness-that is, on the fact that except in the simplest and most basic transactions, contracting parties do not work out all of the relevant details and contingencies of their relationship at the outset. The reasons for incomplete contracts are varied. Sometimes parties deliberately leave terms unresolved, trusting future negotiations or social norms to fill in any problems that emerge. Other times, they leave terms unresolved without realizing they have done so, in part because they devote limited attention or resources to their negotiations and in part because contracts …

History As Ideology: Philip Hamburger's Separation Of Church And State, Kent Greenawalt

Faculty Scholarship

Here are three competing stories about how the idea of separation of church and state relates to the First Amendment clause that provides that "Congress shall make no law respecting an establishment of religion."

Incomplete Contracts And The Theory Of Contract Design, Robert E. Scott, George G. Triantis

Faculty Scholarship

We are delighted to accept this invitation to write a short essay on the economic theory of incomplete contracts and to illuminate its current and potential impact on the legal analysis of contracts and contract law. Economic contract theory has made significant inroads in legal scholarship over the past fifteen years, and this is a good time to take stock of its strengths and weaknesses. Several recent publications in the Yale Law Journal have offered evaluations of the contributions of contract theory.' In this essay, we offer our opinion as to its future path in legal scholarship. In particular, we …

Introduction By George A. Bermann, George A. Bermann

Faculty Scholarship

The accountability of states and state actors on the international scene is on a forward march. The fora in which this development is playing itself out are multiple: national courts of the state actor, national courts of other states, international tribunals of a more or less public law variety, private international law tribunals, and all manner of hybrids.

Adversary Proceedings In Bankruptcy: A Sideshow, Douglas G. Baird, Edward R. Morrison

Faculty Scholarship

Across a broad range of cases, the civil trial is disappearing. In the early 1960s, about twelve percent of federal civil cases were resolved by trial; by 2002 that percentage had fallen to less than two percent. This sharp decline raises important questions about the quality y and costs of decisionmaking in federal district courts. After all, these courts exist to resolve cases and controversies. It matters whether (and why) these disputes are resolved in or outside the courtroom.

Marc Galanter and Elizabeth Warren suggest that the same thing is happening in the bankruptcy courts and that there is likewise …

The Une Anticommons: Why The 1996 Telecom Reforms Blocked Innovation And Investment, Michael A. Heller

Faculty Scholarship

The United States is losing its competitive edge in telecommunications partly because of FCC mistakes in fragmenting property rights in, and in the regulatory oversight of local telephone facilities and services. As with postsocialist transition, reformers created a "tragedy of the anticommons" in which too many owners and regulators each can block the others' investments and all players forego innovation. By forcing existing companies to unbundle network elements (UNEs) and sell them too cheaply, the FCC has created an industry where the players cannibalize the legacy network, divert resources to regulatory arbitrage, and have little incentive for bold new investments.

A Freedom-Promoting Approach To Property: A Renewed Tradition For New Debates, Jedediah S. Purdy

Faculty Scholarship

This should be a heady time for theorists and practitioners of property law. Some of the most important recent proposals to improve human wellbeing rest on the expansion or reform of property rights. From Peru, the political economist Hernando de Soto recently captured the world's attention by contending that a lack of property rights stands between the slum dwellers of the world's poor countries and new horizons of prosperity. Nearer home, Yale economist Robert Shiller has proposed a new market in risk, essentially propertizing present expectations of good fortune, which would represent one of the most dramatic expansions in the …

Front Matter - Table Of Contents

Iowa Journal of Communication

No abstract provided.

Iowa Journal Of Communication, Volume 37, Number 2, Fall 2005 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

Restoring Image In Party Schools, Rod Pritchard

Iowa Journal of Communication

College ranking guides have gained prominence and popularity in recent years as consumer-driven parents seek to find the best educational institutions for their children. While The Princeton Review's The Best Colleges publication has emerged as a popular college guide, at least one designation in the annual college guidebook, "Party Schools" (Franek et al., 2004, p. 43), creates a negative image for the colleges and universities listed. In an effort to protect the reputation of these institutions, research indicates that image restoration management techniques are widely implemented. The use of the defensive image restoration strategies is the most common, but the …

How Law Affects Lending, Rainer F.H. Haselmann, Katharina Pistor, Vikrant Vig

Faculty Scholarship

The paper explores how legal change affects lending behavior of banks in twelve transition economies of Central and Eastern Europe. In contrast to previous studies, we use bank level rather than aggregate data, which allows us to control for country level heterogeneity and analyze the effect of legal change on different types of lenders. Using a differences-in-differences methodology to analyze the within country variation of changes in creditor rights protection, we find that the credit supplied by banks increases subsequent to legal change. Further, we show that collateral law matters more for credit market development than bankruptcy law. We also …

The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert

Articles

In 1970, there were about 4000 African American lawyers in the United States. Today there are more than 40,000. The great majority of the 40,000 have attended schools that were once nearly all-white, and most were the beneficiaries of affirmative action in their admission to law school. American law schools and the American bar can justly take pride in the achievements of affirmative action: the training of tens of thousands of African American (as well as Latino, Asian American, and Native American) practitioners, community leaders, judges, and law professors; the integration of the American bar; the services that minority attorneys …

Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar

Articles

The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …

La Qualité De L'Air Intérieur Dans Les Établissements Du Réseau De La Santé Et Des Services Sociaux, Pierre Gauthier, Richard Bastien, Lyne Boudreau, Sylvie Bédard, Gérald Boily, Mario Fortin, Nicole Goyer, Norman King, Pierre Lajoie, Mario Lessard, Luc Ménard, Qussaï Samak, Louise De Guire, Louis Drouin, Jacques Lavoie, Louis Lazure, Benoît Lévesque, André Matte, Pierre Poulin

Guides

No abstract provided.

Derivatives And The Bankruptcy Code: Why The Special Treatment?, Franklin R. Edwards, Edward R. Morrison

Faculty Scholarship

The collapse of Long Term Capital Management (LTCM) in Fall 1998 and the Federal Reserve Bank's subsequent efforts to orchestrate a bailout raise important questions about the structure of the Bankruptcy Code. The Code contains numerous provisions affording special treatment to financial derivatives contracts, the most important of which exempts these contracts from the "automatic stay" and permits counterparties to terminate derivatives contracts with a debtor in bankruptcy and seize underlying collateral. No other counterparty or creditor of the debtor has such freedom; to the contrary, the automatic stay prohibits them from undertaking any act that threatens the debtor's assets. …

Religious Freedom In Philadelphia, Philip A. Hamburger

Faculty Scholarship

Some controversies seem particularly significant for the development of constitutional rights. For the freedom from an establishment of religion, the most famous early debate occurred in Virginia in the mid-1780s. For the more immediate freedom of religion, however – the freedom from penalty or constraint on religion – the central historical debate is less familiar. It was in some respects merely a local quarrel, which embroiled Quakers and Revolutionaries in Philadelphia during a few tense weeks in 1775. Nonetheless, it was a revealing moment in the development of American religious liberty. At a time when Americans were struggling for equality …

"Second-Class Families": Media Portrayal Of Adoption In America, Jennifer Ellen Struve

Dissertations and Theses @ UNI

Despite legal recognition of adoption as a legitimate family form, research suggests that adoptive families face a special set of circumstances revolving around the societal stigma involved with adoption. Additionally, adoptees admit to experiencing legal, social, and institutional discrimination because of their adoptive status. Although there have been many celebrations of adoption (such as Dave Thomas), there are cultural norms regarding the family that discipline us to see adoption negatively. Researchers acknowledge that the language surrounding adoption is negative, but do not pursue what that language is or where it appears. Thus, the purpose ofmy study was to determine how …

Front Matter - Table Of Contents - Preface

Iowa Journal of Communication

No abstract provided.

Computer Mediated Communication Special Issue: Introduction, Mark D. Johns

Iowa Journal of Communication

No abstract provided.

Iowa Journal Of Communication, Volume 37, Number 1, Spring 2005 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

Rethinking Life Online: The Interactional Self As A Theory For Internet-Mediated Communication, Marcelo Vieta

Iowa Journal of Communication

Informed by the philosophies of Martin Heidegger, George Herbert Mead, and Alfred Schutz, this paper presents an emerging concept called the interactional self to illustrate how there are no clear phenomenological distinctions between the so-called "virtual world" and the dichotomously positioned "real world" in Internet-mediated communication settings. Ultimately, the paper shows how the philosophies of human experience can help the communication researcher better conceptualize the tight intermingling of the online with the offline, users' phenomenologically-rooted use-contexts, performative practices, and intersubjective life-world experiences in Internet-mediated sociability.

When Messages Are The Medium: Researching Best Practices In Online Education, Sharon S. Kleinman

Iowa Journal of Communication

This paper discusses a comparative case study of online media history courses designed from the constructivist perspective (Moon, 1999). Data were collected using online participant observation, the course management systems automated tracking of students' course website usage, and online questionnaires. Data were analyzed/or insights regarding factors affecting student participation, satisfaction, and achievement. Innovative strategies for designing online learning environments that encourage interaction, active learning, and academic integrity were field-tested and critiqued. Among the innovations that shaped "classroom" dialogue and fostered an active learning community were: (1) using and publicizing the course management systems capabilities for tracking students' course website usage, …

People, Places, And Perspectives: An Exploration Of The Contextual Effects On Gender Work Role Attitudes, Tracy Amanda Milligan

UNF Graduate Theses and Dissertations

This research examines possible contextual effects upon gender role attitudes in the United States related to women's employment outside ofthe household. The study included individual-level data, mother's previous work status and mother's educational attainment, not previously analyzed in a hierarchical linear model and state-level data not previously investigated, particularly state median household income. The primary analyses focus upon the contextual effects of state-level educational attainment and income. Analyzing General Social Survey data from 1994 to 2002, these contextual data were not found to have an effect upon the gender work role beliefs. In fact, none of the examined state-level variables …

An End-User Development Approach To Building Customizable Web-Based Document Workflow Management Systems, Stacy Hutchings

UNF Graduate Theses and Dissertations

As organizations seek to control their practices through Business Process Management (BPM - or the process of improving the efficiency and effectiveness of an organization through the automation of tasks), workflow management systems (WFMS) have emerged as fundamental supporting software tools. A WFMS must maintain process state while managing the utilization of people and applications (resources), data (context), and constraints (rules) associated with each of the tasks [Baeyens04]. It must also be configurable so it can be easily adapted to manage specific workflows within any application domain. Finally, the WFMS should be flexible enough to allow for changing business needs. …

Implementation Of The Student Services Center: A Case Study Of The University Of Northern Iowa, Jana Lynne Chmelar

Dissertations and Theses @ UNI

Every student who attends a college or university will use at least one of the following offices in student service before they graduate: academic advising, admissions, the business office, career services, financial aid, or the office of the registrar. The literature has shown that a number of colleges or universities found through assessment that their services were organized in a way that was cumbersome for the students. A new approach to student services, referred to as an integrated student service center (ISSC), or a "one-stop" shop, is designed to allow students to access answers, solutions, and knowledge from a central …

Mental Health At Work: From Defining To Solving The Problem. What Causes The Problem? The Sources Of Workplace Stress, Jean-Pierre Brun

Guides

Cet ouvrage est issu des travaux effectués sur la prévention des problèmes de santé psychologique au travail (Brun, J.-P. et al. 2002), et s'adresse à celles et ceux qui souhaitent comprendre cette problématique et s'outiller afin de mieux la prévenir. L'itinéraire proposé comporte trois étapes: l'ampleur du problème, les causes et la prévention. Ces documents permettront aux travailleurs et aux organisations de mieux faire face à ce problème qui est la cause principale de l'augmentation de l'absentéisme au travail.

De la même série

• Scope of the problem: How workplace stress is shown
• Solving the problem: Preventing stress in the …