Digital Commons Network^™

Colored Speech: Cross Burnings, Epistemics, And The Triumph Of The Crits?, Guy-Uriel Charles

Faculty Scholarship

This Essay examines the Court's recent decision in Virginia v. Black. It argues that Black signifies a different approach to the constitutionality of statutes regulating cross burnings. It shows how the Court's conservatives have essentially accepted the intellectual framework and the mode of analysis suggested previously by the critical race theorists. In particular, this Essay explores the role that Justice Thomas plays in the case. The Essay explains Justice Thomas's active participation as a matter of epistemic authority and epistemic deference.

Exiting Treaties, Laurence R. Helfer

Faculty Scholarship

This Article analyzes the under-explored phenomenon of unilateral exit from international agreements and intergovernmental organizations. Although clauses authorizing denunciation and withdrawal from treaties are pervasive, international legal scholars and international relations theorists have largely ignored them. This Article draws upon new empirical evidence to provide a comprehensive interdisciplinary framework for understanding treaty exit. It examines when and why states abandon their treaty commitments and explains how exit helps to resolve certain theoretical and doctrinal puzzles that have long troubled scholars of international affairs.

Judging The Law Of Politics, Guy-Uriel Charles

Faculty Scholarship

In this Review Essay I explore the rights-structure debate that has captivated the attention of election law scholars. The Essay juxtaposes the recent work of a leading individualist Professor Richard Hasen's new book, "The Supreme Court and Election Law," against the recent work of a leading structuralist, Professor Richard Pildes' recent Foreword to the Harvard Law Review. I argue that even though the rights-structure debate produces much heat, it does not significantly advance the goal of understanding and evaluating the role of the Court in democratic politics. I aim to return election law to a dualistic understanding of the relationship …

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.

An Address Delivered At The Asbury Theological Seminary Florida Campus Chapel Service (2005, Nov. 29), Willie C. Barnes

ATS Chapel Services

No abstract provided.

Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.

Faculty Scholarship

North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina's civil enforcement legislation and the present law's strengths and weaknesses. The author suggests an ideal model anti-cruelty civil remedies statute.

Introductory Report On The World Trade Organization, Joost H. B. Pauwelyn

Faculty Scholarship

Presented at Palma Workshop, 20-21 May 2005, on Unity and Fragmentation in International Law.

Medical Malpractice Lawsuits: An Essay On Patient Interests, The Colntingency Fee System, Juries, And Social Policy, Neil Vidmar

Faculty Scholarship

No abstract provided.

Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young

Faculty Scholarship

No abstract provided.

The Etoile Du Deseret: Portrait Of The French Mission, 1851-1852, Douglas James Geilman

Theses and Dissertations

One of John Taylor's most significant achievements during his mission to France, 1849-1851, was the publication of a French-language Latter-day Saint periodical, the Etoile du Déséret. Appearing in twelve issues from May 1851 to December 1852, the Etoile served a variety of functions for the earliest missionaries and members of The Church of Jesus Christ of Latter-day Saints in France. A study of its historical context and of its contents allows readers a glimpse into the circumstances under which the missionaries labored and into the needs of the growing Church. Furthermore, the Etoile provides a vivid example of John …

Theorizing About Marriage, Jason S. Carroll, Stan J. Knapp, Thomas B. Holman

Faculty Publications

Since its inception in the 1920s, research on marriage relationships has attracted widespread attention within a variety of disciplines and has held a central position in the scientific study of families. However, despite marriage scholarship's long tradition and broad interdisciplinary base, a number of scholars believe that this area of research has reached a crossroads at the beginning of the 21st century. This pivotal moment is seen as largely the result of a lack of explicit theory development in the marriage field. In fact, during the past decade several leading marriage scholars have called for the development of broad integrative …

Diversification And Focus: A Bayesian Application Of The Resource-Based View, Lee T. Perry, Mark H. Hansen, C. Shane Reese, Greggory Pesci

Faculty Publications

We propose a new application of the resource-based view (RBV) that is more consistent with Penrose's (1959) original framework. We use that framework to study the relationship between diversification and refocusing strategies and economic performance. We propose that the RBV may be enhanced by the explicit recognition of Penrose's two classes of resources, administrative and productive resources. This distinction suggests a focus on the administrative decisions of managers, including the multiple decisions associated with diversification and refocusing strategies, which lead to economic performance. Second, we argue that RBV theory is a theory about extraordinary performers or outliers, not averages. Therefore, …

Early Decisions: A Regulatory Framework, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

We describe a regulatory framework that helps consumers who have difficulty sticking to their own long-run plans. Early Decision regulations help long-run preferences prevail by allowing consumers to partially commit to their long-run goals, making it harder for a momentary impulse to reverse past decisions. In the cigarette market, examples of Early Decision regulations include restricting the locations or times at which cigarettes are sold, delaying the receipt of cigarettes following purchase, and allowing a consumer to choose in advance the legal restrictions on her own cigarette purchases. A formal model of Early Decision regulations demonstrates that Early Decisions are …

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 …

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

Faculty Scholarship

This evening, we're going to have, at the very least, a discussion which may blossom into a debate-we will see as the evening progresses. However one characterizes the event, we're here to discuss the Medellin v. Dretke case and, more broadly, we are going to be discussing cutting edge issues of international law, including the operation of self-executing treaties and state legal systems, the weight to be given to judgments of international courts interpreting such treaties, and the duties of state and federal judiciaries in this process, all in the context of death penalty cases. Let me give you a …

Conflicts Of Interest In Publicly-Traded And Closely-Held Corporations: A Comparative And Economic Analysis, Zohar Goshen

Faculty Scholarship

Conflicts of interest in corporate law can be addressed by two main alternatives: a requirement of a majority of the minority vote or the imposition of duties of loyalty and fairness. A comparison of Delaware, the UK, Canada, and Israel reveals that while the conflicts of interest problem within publicly-traded corporations receives different treatment in the different jurisdictions — either a fairness rule or a majority of the minority rule — closely-held corporations receive the same treatment of an imposition of duties of loyalty and fairness. This article explains this finding, demonstrating that determining which of these rules is adopted …

Child Custody, Religious Practices, And Conscience, Kent Greenawalt

Faculty Scholarship

This article asks to what extent considerations relating to religion should figure in custody disputes. One inquiry is whether the kind of religious life that a parent plans for his or her child should figure in the decision whether to grant custody to that parent. The article focuses on a religious life that involves very substantial deprivation no after-school activities, no television, no pets, no reading except schoolwork and the Bible-from an ordinary secular perspective. A second inquiry is whether one parent of a divorced couple should be able to prevent the other parent from exposing a child to various …

A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt

Faculty Scholarship

This account of legal interpretation focuses mainly on wills and contracts. It adopts a pluralist approach, one that treats a number of factors as potentially relevant and does not assume that all relevant factors necessarily reduce to one overarching inquiry that is the same whatever legal text is being interpreted.

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 …

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 …

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."

Imagining Lesbian Legal Theory, Kendall Thomas

Faculty Scholarship

It’s great to be here for this particular occasion to honor the work of Ruthann Robson, from whom I have, over the course of many years, learned so much.

First, I’ve learned from her the critical importance of doing work that is based on and reflects a set of political and ethical commitments to people who live under regimes of domination and inequality. Her scholarship, to me, is a model of engaged adversary scholarship. She has never fallen into the trap, so common to those of us who are professionalized in the legal academy, of thinking that this work does …

The Law And The Non-Law, Katharina Pistor

Faculty Scholarship

The common theme of the articles assembled for this issue is a focus on Asian societies and their struggle with the conceptualization of "non-law" and its relation to law. This brief Comment reflects on the construction of the "non-law" as analytical categories in the four contributions. It suggests that the struggle with "non-law" reflects a deeper confusion about the role of law in ordering social relations broadly defined.' Focusing on the "non-law" assumes implicitly that "law" is a useful and well-delineated category for analyzing governance structures within and across states and thus can serve as a benchmark for analyzing "non-law." …

The Ethics Of Empire, Again, Jedediah S. Purdy

Faculty Scholarship

Noah Feldman has emerged as one of the most serious and thoughtful contributors to U.S. strategy in the age of terrorism and counterterrorism. Professor Feldman spent a good chunk of 2003 in Baghdad as a constitutional advisor to the Iraqi Governing Council, which was established under the occupation government of Ambassador Paul Bremer. Since then, Feldman has become an important commentator on U.S. policy in Iraq. Many young political operatives cycled through Iraq in 2003 and 2004, but Feldman was unusually well qualified for his position. He holds a degree in Islamic thought, speaks fluent Arabic, and specializes in the …

Information-Theoretic Criterion For The Performance Of Single-Photon Avalanche Photodiodes, David A. Ramirez, Majeed M. Hayat, Sergio N. Torres, Bahaa E.A. Saleh, Malvin Carl Teich

Electrical and Computer Engineering Faculty Research and Publications

A channel-capacity metric is introduced for assessing the performance of single-photon avalanche photodiodes (SPADs) when used as detectors in laser communication systems. This metric is employed to theoretically optimize, with respect to the device structure and operating voltage, the performance of SPADs with simple InP or In/sub 0.52/Al/sub 0.48/As-InP heterojunction multiplication regions. As the multiplication-region width increases, an increase is predicted in both the peak and the full-width at half-maximum of the channel capacity curve versus the normalized excess voltage. Calculations also show the existence of an optimal In/sub 0.52/Al/sub 0.48/As-InP heterojunction multiplication region that maximizes the peak channel capacity …

Theoretical Investigation Of Quantum-Dot Avalanche Photodiodes For Mid-Infrared Applications, Sanjay Krishna, Oh-Hyun Kwon, Majeed M. Hayat

Electrical and Computer Engineering Faculty Research and Publications

A novel midinfrared sensor, called the quantum-dot avalanche photodiode (QDAP), is proposed which is expected to have improved signal-to-noise ratio (SNR) in the presence of Johnson noise over its quantum-dot (QD) counterpart. In the QDAP, an intersubband QD detector is coupled with a thin, low-noise GaAs avalanche layer through a tunnel barrier. The avalanche layer provides the necessary photocurrent gain required to overcome Johnson noise and nearly achieve the dark-current-limited SNR of the QD detector. In the proposed three-terminal device, the applied biases of the QD-detector and the avalanche-photodiode sections of the QDAP are controlled separately. This feature permits the …

A Dynamic Neuro-Fuzzy Model Providing Bio-State Estimation And Prognosis Prediction For Wearable Intelligent Assistants, Yu Wang, Jack M. Winters

Biomedical Engineering Faculty Research and Publications

Background

Intelligent management of wearable applications in rehabilitation requires an understanding of the current context, which is constantly changing over the rehabilitation process because of changes in the person's status and environment. This paper presents a dynamic recurrent neuro-fuzzy system that implements expert-and evidence-based reasoning. It is intended to provide context-awareness for wearable intelligent agents/assistants (WIAs).

Methods

The model structure includes the following types of signals: inputs, states, outputs and outcomes. Inputs are facts or events which have effects on patients' physiological and rehabilitative states; different classes of inputs (e.g., facts, context, medication, therapy) have different nonlinear mappings to a …

Visual Error Augmentation For Enhancing Motor Learning And Rehabilitative Relearning, Yejun Wei, Preeti Bajaj, Robert A. Scheidt, James L. Patton

Biomedical Engineering Faculty Research and Publications

We developed a real-time controller for a 2 degree-of-freedom robotic system using xPC Target. This system was used to investigate how different methods of performance error feedback can lead to faster and more complete motor learning in individuals asked to compensate for a novel visuo-motor transformation (a 30 degree rotation). Four groups of normal human subjects were asked to reach with their unseen arm to visual targets surrounding a central starting location. A cursor tracking hand motion was provided during each reach. For one group of subjects, deviations from the "ideal" compensatory hand movement (i.e. trajectory errors) were amplified with …

A Physiologically Based Clinical Measure For Spastic Reflexes In Spinal Cord Injury, Ela N. Benz, T. George Hornby, Rita K. Bode, Robert A. Scheidt, Brian D. Schmit

Biomedical Engineering Faculty Research and Publications

Objective: To test the validity of the Spinal Cord Assessment Tool for Spastic reflexes (SCATS), a clinical tool intended to rate spastic motor behavior after spinal cord injury (SCI).

Design: By using correlational analyses, the SCATS was validated using concurrent measurements of kinematics and electromyograms and traditional assessments of spasms and spastic hypertonia.

Setting: Research laboratory (kinematics and electromyography) and outpatient medical clinic (traditional measures of spastic hypertonia).

Participants: Eleven people with SCI were used for kinematic and electromyographic measurements. Seventeen people with SCI were used for comparison with other clinical scales.

Interventions: Not applicable. …

Characterization Of Motor Adaptation And Limb Posture Regulation During Arm Reaching Movements Following Stroke, Robert A. Scheidt, Tina M. Stoeckmann

Biomedical Engineering Faculty Research and Publications

Whether attempting to pour water into a handheld glass, or simply trying to hold a young child's hand, many activities of daily living require interaction with unpredictable or uncertain mechanical environments. Here we describe a systems identification study that used a planar manipulandum to characterize how hemiparetic stroke survivors adapt reaching movements to novel mechanical environments. By analyzing trial-by-trial variations in hand path kinematics, we found that stroke survivors are less likely than neurologically-intact subjects to adjust motor commands for upcoming movements based on hand trajectory errors experienced on previous trials. This ability is most significantly compromised in subjects with …