Digital Commons Network^™

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 …

Marine-Salvage Law And Marine-Peril-Related Policy: A Second-Best And Third-Best Economic-Efficiency Analysis Of The Problem, The Law, And The Classic Landes And Posner Study, Richard S. Markovits

Faculty Scholarship

This Article (1) delineates the different kinds of allocative costs that marine-peril contingencies can generate and the different kinds of marine-peril-related decisions that can generate allocative inefficiency (marine-salvage-operation investment decisions; decisions about whether to offer to attempt or to actually attempt marine rescues; decisions about the character of the marine-rescue attempts that are made; decisions by potential rescuees to accept or reject offers of marine-rescue attempts; and decisions by potential rescuees to make or reject various marine-peril-avoidance moves); (2) defines the formal meaning of "the most-allocatively-efficient response a State can make to marine-peril contingencies;" (3) explains why, standing alone, judge-prescribed …

Liberalism And Tort Law: On The Content And Economic Efficiency Of A Liberal Common Law Of Torts, Richard S. Markovits

Faculty Scholarship

This Article has three parts. Part I begins by delineating the protocol one should use to determine whether a society is an immoral society, an amoral society, a goal-based society of moral integrity, or a rights-based society of moral integrity (i.e., a society that engages in a bifurcated prescriptive-moral practice that strongly distinguishes moral-rights claims (about the just) from moral-ought claims (about the good), that is committed to the lexical priority of the just over the good, and that fulfills its commitments to some hard-to-specify, requisite extent). Part I then proceeds to outline the protocol one should use to determine …

The Bustle Of Horses On A Ship: Drug Control In New York City Public Housing, Jeffrey Fagan, Garth Davies, Jan Holland, Tamara Dumanovsky

Faculty Scholarship

For decades, violence, drugs and public housing have been closely linked in political culture and popular imagination. In 1990, the Department of Housing and Urban Development (HUD) made funds available to public housing authorities to combat drug and crime problems. This program, the Drug Elimination Program (DEP) combined several strategies under one administrative umbrella: police enforcement, drug treatment, drug prevention, youth and gang outreach, community organizing, integrated health and social service agencies, and tenant mobilization projects. In New York, the Housing Authority spent $165 million on DEP in its 330 public housing sites between 1990 and 1996. Yet there has …

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 …

A Real-Time Haptic/Graphic Demonstration Of How Error Augmentation Can Enhance Learning, Yejun Wei, James L. Patton, Preeti Bajaj, Robert A. Scheidt

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 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 …

Contextual Semantic Integration For Ontologies, Brendan Tierney, Mike Jackson

Conference papers

Information integration in organisations has been hindered by differences in the software applications used and by the structure and semantic differences of the different data sources (de Bruijn, 2003). This is a common problem in the area of Enterprise Application Integration (EAI) where numerous ah-hoc programs have typically been created to perform the integration process. More recently ontologies have been introduced into this area as a possible solution to these problems, but most of the current approaches to ontology integration only address platform, syntactic and structural differences and do not address the semantic differences between the data sources (de Bruijn, …

The Impact Of School Reform Design, English Speakers Of Other Languages (Esol) Instruction And Socioeconomic Status On Esol Students' Reading Achievement, Cristina P. Valentino

UNF Graduate Theses and Dissertations

The purpose of this study was to examine how school reform design, English speakers of other languages (ESOL) instruction, and socioeconomic status (SES) impact the academic achievement of ESOL students in Grade 2. Gains in lexile scores on the Scholastic Reading Inventory were used to measure one aspect of academic achievement, namely, general reading ability.

The primary research question was: To what extent can gains in lexile scores on the Scholastic Reading Inventory be explained by the independent variable set of school reform design (America's Choice/Direct Instruction), ESOL instruction (ESOL instruction/no ESOL instruction), and SES (free and reduced lunch/no free …

The Benefits Of Deploying It In The Material Procurement In Ready Mix Concrete In The Irish Construction Industry, Alan V. Hore, Roger West

Conference papers

The current methods of processing orders, deliveries and invoices of concrete products in the construction industry is enormously inefficient, with vast quantities of paperwork, duplication of effort, scanning, re-keying and resolving mismatches between purchase orders, delivery dockets and invoices. This paper sets out results of a survey which reveals attitudes to Information Communication Technologies (ICT) in supporting the purchasing process in construction. The drivers and barriers to ICT use in construction purchasing is discussed from both the contractor‟s and supplier‟s perspective. The paper goes on to describe the outcome of a pilot study in which the efficiencies are investigated arising …

Asynchronous Risk: Unemployment, Equity Markets, And Retirement Savings, Jason S. Seligman, Jeffrey Brian Wenger

Upjohn Institute Working Papers

The link between unemployment and pension accumulations is conceptually straightforward; periods of unemployment lead to lower pension contributions, and thus to lower accumulations. However, impacts on accumulation may differ as a result of the timing and frequency of unemployment spells. We hypothesize that unemployment is more likely during periods in which the equities market experiences greater than average returns, largely due to a lead/lag structure of the stock and labor markets, respectively. This would imply that workers may systematically miss opportunities to purchase equities through DC plans when prices are relatively low. To test this hypothesis, we match historic stock …

Single Mothers, Social Capital, And Work-Family Conflict, Teresa Ciabattari

Upjohn Institute Working Papers

The purpose of this paper is to examine work-family conflict among low-income, unmarried mothers. I examine how social capital affects work-family conflict and how both social capital and work-family conflict affect employment. I analyze the Fragile Families and Child Wellbeing Study, a national sample of non-marital births collected in 1998-2000 and 1999-2002. Results show that social capital reduces unmarried mothers' reports of work-family conflict, especially for low-income women. In addition, mothers who report high levels of work-family conflict are less likely to be employed; this pattern holds for women who are not looking for work as well as those who …

Do Temporary Help Jobs Improve Labor Market Outcomes For Low-Skilled Workers? Evidence From Random Assignments, David H. Autor, Susan N. Houseman

Upjohn Institute Working Papers

A disproportionate share of low-skilled U.S. workers is employed by temporary help firms. These firms offer rapid entry into paid employment, but temporary help jobs are typically brief and it is unknown whether they foster longer-term employment. We draw upon an unusual, large-scale policy experiment in the state of Michigan to evaluate whether holding temporary help jobs facilitates labor market advancement for low-skilled workers. To identify these effects, we exploit the random assignment of welfare-to-work clients across numerous welfare service providers in a major metropolitan area. These providers feature substantially different placement rates at temporary help jobs but offer otherwise …

Conflicts In Property, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

Property concerns conflicts – both conflicts between individuals and conflicts of interest. Conflicts between individuals have long been the paradigmatic property focus. According to this view, property debates circle around issues of autonomy and productive competition. But this is an impoverished view. In this Article, we shift attention to conflicts of interest. By helping people manage conflicts of interest, a well-governed property system balances interdependence with autonomy and productive cooperation with productive competition. We identify three mechanisms woven throughout property law that help manage conflicts of interest: (1) internalization of externalities; (2) democratization of management; and (3) de-escalation of transactions. …

The Effectiveness Of Juvenile Correctional Facilities: Public Versus Private Management, Patrick J. Bayer, David Pozen

Faculty Scholarship

This paper uses data on juvenile offenders released from correctional facilities in Florida to explore the effects of facility management type (private for-profit, private nonprofit, public state-operated, and public county-operated) on recidivism outcomes and costs. The data provide detailed information on individual characteristics, criminal and correctional histories, judge-assigned restrictiveness levels, and home zip codes — allowing us to control for the nonrandom assignment of individuals to facilities far better than any previous study. Relative to all other management types, for-profit management leads to a statistically significant increase in recidivism, but relative to nonprofit and state-operated facilities, for-profit facilities operate at …

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 …

War And Uncertainty, Lori Fisler Damrosch

Faculty Scholarship

When the current phase of our conflict with Iraq began in March 2003, much was unknown. Our political leaders based the case for war on the conviction that Iraq possessed weapons of mass destruction (WMD) that had not been eliminated despite twelve years of grinding sanctions. Congress voted in October 2002 to authorize renewed use of military force against Iraq, acting on the basis of representations by the Bush Administration that Iraq had been actively concealing WMD stockpiles and programs from the United Nations inspectors who had a mandate to verify the complete destruction of Iraq's WMD capability. Facts were …

Drama Beat (Winter 2005) | Newsletter, Jacksonville State University

Department of Theatre & Film Performance Archive

17-27 February 2005; "The Mystery of Edwin Drood;" 19-22 May 2005; "Heroes;" 6-8 April 2005; "Hugh Hefner in Hell." This item is contained within the Theatre & Film Production Archive.

Final Report For The Development Of The Nasa Technical Report Server (Ntrs), Michael L. Nelson

Computer Science Faculty Publications

The author performed a variety of research, development and consulting tasks for NASA Langley Research Center in the area of digital libraries (DLs) and supporting technologies, such as the Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH). In particular, the development focused on the NASA Technical Report Server (NTRS) and its transition from a distributed searching model to one that uses the OAI-PMH. The Open Archives Initiative (OAI) is an international consortium focused on furthering the interoperability of DLs through the use of "metadata harvesting". The OAI-PMH version of NTRS went into public production on April 28, 2003. Since that …

Lessons Learned With Arc, An Oai-Pmh Service Provider, Xiaoming Liu, Kurt Maly, Michael L. Nelson

Computer Science Faculty Publications

Web-based digital libraries have historically been built in isolation utilizing different technologies, protocols, and metadata. These differences hindered the development of digital library services that enable users to discover information from multiple libraries through a single unified interface. The Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH) is a major, international effort to address technical interoperability among distributed repositories. Arc debuted in 2000 as the first end-user OAI-PMH service provider. Since that time, Arc has grown to include nearly 7,000,000 metadata records. Arc has been deployed in a number of environments and has served as the basis for many other …