Digital Commons Network^™

The Executive And The Avoidance Canon, H. Jefferson Powell

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

The Insanity Defense In The Twenty-First Century: How Recent United States Supreme Court Case Law Can Improve The System, Julie E. Grachek

Indiana Law Journal

No abstract provided.

Newsletter: Ex Libris: The Quarterly Publication Of The Jacksonville Public Library Foundation, Includes: Donation Envelope, Jacksonville Public Library Foundation

Florida Blue Archives Printed Materials

No abstract provided.

Private Law And State-Making In The Age Of Globalization, Daniela Caruso

Faculty Scholarship

The rise of post-national entities, such as the institutions of the European Union and of free-trade regimes, bears no obvious relation to the traditional pillars of western private law (mostly contracts, torts, and property doctrines). The claim of this article is that the global diffusion of private law discourse contributes significantly to the emergence of new centers of authority in the global arena. The article tests the impact of private law arguments in three contexts - the growing legitimacy of regional human rights adjudication, the consolidation of the institutions of the European Union, and the higher binding force of international …

Classroom Conversations About Race, Poverty And Social Status In The Aftermath Of Katrina, Homer C. La Rue, Lela P. Love

Articles

This article addresses dialogue regarding issues of race, poverty and social inequalities in the wake of the New Orleans hurricane Katrina. Conversations were conducted in law school classrooms at Howard Law School and Benjamin N. Cardozo School of Law regarding the intersection of law and race, class, and poverty. The objective was not to have an abstract dialogue, but to help students develop a personal understanding of each student’s connection or lack of connection to the issues of race, class and poverty and their own choices about becoming a lawyer as it might relate to those issues. The goal was …

Effects Of Gap Open And Gap Extension Penalties, Hyrum Carroll, Mark J. Clement, Perry Ridge, Quinn O. Snell

Faculty Publications

Fundamental to multiple sequence alignment algorithms is modeling insertions and deletions (gaps). The most prevalent model is to use gap open and gap extension penalties. While gap open and gap extension penalties are well understood conceptually, their effects on multiple sequence alignment, and consequently on phylogeny scores are not as well understood. We use exhaustive phylogeny searching to explore the effects of varying the gap open and gap extension penalties for three nuclear ribosomal data sets. Particular attention is given to optimal phylogeny scores for 200 alignments of a range of gap open and gap extension penalties and their respective …

Presumptive Adaptation And The Effectiveness Of Knowledge Transfer, Robert J. Jensen, Gabriel Szulanski

Faculty Publications

Adaptation is almost invariably accompanies the cross-border transfer of firm specific practices. The existing literature contains two conflicting approaches to adaptation. The first, more traditional approach, following institutional, motivation, and pragmatic efficiency considerations, presumes that a modified practice can be fine-tuned, stabilized, and institutionalized without consulting a working example and that practices should thus be adapted as quickly as possible to create fit with the local environment. The second approach argues, instead for the need to maintain the diagnostic value of the original practice by adapting cautiously and gradually. In this paper, we report an in-depth field investigation of the …

Allocution And The Purposes Of Victim Participation Under The Cvra, Richard A. Bierschbach

Articles

The article examines the interpretive challenges surrounding Section 3771(a)(4) of the Crime Victims' Rights Act (CVRA) of 2004, which grants victims the right to be "reasonably heard" in certain court proceedings. The CVRA aims to integrate victims into the criminal justice system, but its ambiguous language has led to conflicting court interpretations, particularly regarding whether victims have an absolute right to speak at sentencing. The article explores the legislative intent, purposes behind the provision, and the effectiveness of victim participation mechanisms, ultimately advocating for clearer policy guidance to address these ambiguities.

A Capabilities Perspective On The Effects Of Early Internationalization On Firm Survival And Growth, Harry J. Sapienza, Erkko Autio, Gerard George, Shaker A. Zahra

Research Collection Lee Kong Chian School Of Business

Recent critiques of internationalization process models question the wisdom of delaying internationalization. Internationalizing late allows firms to assemble resources and gain experience but also allows inertia to develop. We resolve this tension by positing that internationalization has differing effects on firm survival and growth. These effects are moderated by organizational age, managerial experience, and resource fungibility. Our framework provides insights into the evolution of capabilities across borders and may be tested and built on by organization researchers.

Effects Of Long-Term Hypoxia On Enzymes Of Carbohydrate Metabolism In The Gulf Killifish, Fundulus Grandis, Mery L. Mártinez, Christie Landry, Ryan Boehm, Steve Manning, Bernard B. Rees

Faculty Publications

The goal of the current study was to generate a comprehensive, multi-tissue perspective of the effects of chronic hypoxic exposure on carbohydrate metabolism in the Gulf killifish Fundulus grandis. Fish were held at approximately 1.3 mg l(-1) dissolved oxygen (similar to 3.6 kPa) for 4 weeks, after which maximal activities were measured for all glycolytic enzymes in four tissues (white skeletal muscle, liver, heart and brain), as well as for enzymes of glycogen metabolism (in muscle and liver) and gluconeogenesis (in liver). The specific activities of enzymes of glycolysis and glycogen metabolism were strongly suppressed by hypoxia in white skeletal …

The Demise Of Federal Takings Litigation, Stewart E. Sterk

Articles

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …

Intervening To Help Children With Behavioral And Emotional Problems, Elvin Gabriel, Sheryl A. Gregory

Faculty Publications

No abstract provided.

Econometric Evidence Regarding Education And Border Income Performance, Christa Almada, Lorenzo B. González, Patricia S. Eason, Thomas M. Fullerton Jr

Mountain Plains Journal of Business and Technology

This study examines the relationship between education and income in Texas counties that are located along the border with Mexico. Estimation results confirm earlier research for this region. Parameter heterogeneity underscores the increased importance of education in the service-oriented labor that has emerged in recent years in the United States. Simulation results quantify the income gains that could potentially be observed if drop out rates were lowered in the border counties included in the sample.

A Lemons “Mirage”: Erroneous Perceptions Of Asymmetric Information In The Market For Arizona Ranchettes, Matthew G. Nagler, Daniel E. Osgood

Mountain Plains Journal of Business and Technology

Owners of modest-sized,recreation-oriented ranch properties, known as “ranchettes,” appear to judge a key characteristic of the quality of their properties, the extent of vegetative “greenness,” based on their own observation,despite the greater reliability of publicly available climate data. The discrepancy between personal observation and public data is perceived erroneously by owners as reflecting an information asymmetry that favors the former. The consequence of this misperception is adverse selection: transplant owners, who are not familiar with long-term local weather patterns from direct observation, delay the sale of properties that are greener during their term of ownership. Econometric evidence is presented from …

"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth

William & Mary Environmental Law and Policy Review

No abstract provided.

Changing Corporate Behavior Through Environmental Management Systems, David W. Case

William & Mary Environmental Law and Policy Review

No abstract provided.

The Traveling Salesman Problem: Deceptivley Easy To State; Notoriously Hard To Solve, David Biron

Senior Honors Theses

The purpose of this thesis is to give an overview of the history of the Traveling Salesman Problem and to show how it has been an integral part of the development of the fields of Integer Programming, and Combinatorial Optimization. The thesis starts in the 1800s and progresses through current attempts on solutions of the problem. The thesis is not meant to describe in detail every attempt made, nor to describe an original solution, but to provide a high level overview of every solution attempt, and to guide the reader on what has been done, and what still can be …

Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, William Arthur Wines, Terence J. Lau

William & Mary Journal of Race, Gender, and Social Justice

Research on student teaching evaluations is vast. An examination of this research demonstrates wide disagreements but also substantial consensus of authority for the proposition that student evaluations should be used only with extreme care, if at all, in making personnel decisions. A number of reasons cause administrators to use teaching evaluations for personnel decisions. The literature, however, is virtually unanimous in its condemnation of norming student evaluations in order to rank classroom performances. Current cases on academic freedom indicate some retrenchment by the Circuits from broader pronouncements in earlier Supreme Court cases. This paper concludes that the use of non-validated …

Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak

Law and Contemporary Problems

Havighurst and Richman have made an important contribution by uncovering ways in which the current system of health care financing, including the income-tax treatment of employer-provided health insurance, has disturbing distributional effects.

The Corrosive Combination Of Nonprofit Monopolies And U.S.-Style Health Insurance: Implications For Antitrust And Merger Policy, Barak D. Richman

Law and Contemporary Problems

No abstract provided.

Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman

Law and Contemporary Problems

Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Mathematics Discipline Courses Assessment Report 2006/2007, Mathematics Discipline

Assessment of Student Learning Reports

No abstract provided.

Friendship, Otherness, And Gadamer’S Politics Of Solidarity, Darren R. Walhof

Peer Reviewed Articles

This article makes the political dimension of Gadamer’s thought more explicit by examining the interplay of three concepts in his work: solidarity, friendship, and the other. Focusing primarily on certain post–Truth and Method writings, I argue that Gadamer’s conception of solidarity has to do with historically contingent manifestations of bonds that reflect a civic life together of reciprocal co-perception. These bonds go beyond conscious recognition of observable similarities and differences and emerge from encounters among those who are, and remain, in important ways other to each other. I make this case through an analysis of Gadamer’s phenomenology of friendship and …

The Economic Impact Of Early Life Environmental Tobacco Smoke Exposure: Early Intervention For Developmental Delay, Thaddeus R. Miller, Virginia A. Rauh, Sherry A. M. Glied, Dale Hattis, Andrew Rundle, Howard Andrews, Frederica Perera

Urban Studies and Planning Faculty Publications and Presentations

BACKGROUND AND OBJECTIVES: Early-life exposure to environmental tobacco smoke (ETS) can result in developmental delay as well as childhood asthma and increased risk of cancer. The high cost of childhood asthma related to ETS exposure has been widely recognized; however, the economic impact of ETS-related developmental delay has been less well understood.

METHODS AND RESULTS:The Columbia Center for Children's Environmental Health (CCCEH) has reported adverse effects of prenatal ETS exposure on child development in a cohort of minority women and children in New York City (odds ratio of developmental delay = 2.36; 95% confidence interval 1.22-4.58). Using the environmentally …

Large Grain Size Stochastic Optimization Alignment, Hyrum Carroll, Mark J. Clement, Perry Ridge, Dan Sneddon, Quinn O. Snell

Faculty Publications

DNA sequence alignment is a critical step in identifying homology between organisms. The most widely used alignment program, ClustalW, is known to suffer from the local minima problem, where suboptimal guide trees produce incorrect gap insertions. The optimization alignment approach, has been shown to be effective in combining alignment and phylogenetic search in order to avoid the problems associated with poor guide trees. The optimization alignment algorithm operates at a small grain size, aligning each tree found, wasting time producing multiple sequence alignments for suboptimal trees. This research develops and analyzes a large grain size algorithm for optimization alignment that …

Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Cooke V. State Appellant's Brief 1 Dckt. 32447

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Religion And Politics: The Catholic Contribution, James L. Heft S.M.

University of Dayton Law Review

A public lecture given at the University of Dayton Sept. 22, 2006