Digital Commons Network^™

The Complex Links Between Governance And Biodiversity, C. Barrett, C. Gibson, B. Hoffman, Mathew D. Mccubbins

Faculty Scholarship

We argue that two problems weaken the claims of those who link corruption and the exploitation of natural resources. The first is conceptual. Studies that use national level indicators of corruption fail to note that corruption comes in many forms, at multiple levels, and may or may not affect resource use. Without a clear causal model of the mechanism by which corruption affects resources, one should treat with caution any estimated relationship between corruption and the state of natural resources. The second problem is methodological: Simple models linking corruption measures and natural resource use typically do not account for other …

Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow

Faculty Scholarship

The New Orleans criminal justice system collapsed after Hurricane Katrina, resulting in a constitutional crisis. Eight thousand people, mostly indigent and charged with misdemeanors such as public drunkenness or failure to pay traffic tickets, languished indefinitely in state prisons. The court system shut its doors, the police department fell into disarray, few prosecutors remained, and a handful of public defenders could not meet with, much less represent, the thousands detained. This dire situation persisted for many months, long after the system should have been able to recover. We present a narrative of the collapse of the New Orleans area criminal …

Biotechnology Education In The State Of Iowa: A Survey Of Teachers And Factors Affecting Inclusion, Jason Allen Lang

Dissertations and Theses @ UNI

This research studied biology, agricultural education, and family and consumer science teachers in Iowa regarding the topic of biotechnology in their classrooms. The survey study involved collecting demographic information about respondents, which could then be used to characterize those who teach biotechnology and those who do not. The survey also asked about perceived barriers to teaching biotechnology. As the first large scale sampling of Iowa teachers (1477), the survey attempted to provide a picture of biotechnology education in the state. Demographic data showed an aging teaching population, a teaching load of some teachers, especially those in FCS and Ag Ed, …

The Executive And The Avoidance Canon, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico

Faculty Scholarship

"Welfarism" is the principle that social policy should be based solely on individual well-being, with no reference to 'fairness" or "rights." The propriety of this approach has recently been the subject of extensive debate within legal scholarship. Rather than contributing (directly) to this debate, we identify and analyze a problem within welfarism that has received far too little attentioncall this the "ex ante/ex post" problem. The problem arises from the combination of uncertainty-an inevitable feature of real policy choice-and a social preference for equality. If the policymaker is not a utilitarian, but rather has a "social welfare function" that is …

Welfare Polls: A Synthesis, Matthew D. Adler

Faculty Scholarship

"Welfare polls" are survey instruments that seek to quantify the determinants of human well-being. Currently, three welfare polling formats are dominant: contingent valuation (CV) surveys, quality-adjusted life year (QALY) surveys, and happiness surveys. Each format has generated a large, specialized, scholarly literature, but no comprehensive discussion of welfare polling as a general enterprise exists.This Article seeks to fill that gap.

Part I describes the trio of existing formats. Part II discusses the current and potential uses of welfare polls in governmental decisionmaking. Part III analyzes in detail the obstacles that welfare polls must overcome to provide useful well-being information, and …

Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar

Faculty Scholarship

This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

The Kyoto Protocol's Clean Development Mechanism: Prospects For Japan-Philippines Partnership, Rosalina Palanca-Tan

Economics Department Faculty Publications

The Kyoto Protocol's Clean Development Mechanism (CDM) is a system by which a developed country can earn carbon emission reduction (ER) credits through an emission-mitigating project undertaken in a developing country. While allowing developed countries to meet their Kyoto Protocol commitments at less cost, CDM benefits the host developing countries with new capital investments and the transfer of clean technologies. In view of the potential supply of ERs on the Philippine side and a pressing demand on Japan's side, this article explores the relatively low level of CDM cooperation between the Philippines and Japan, and suggests ways of moving forward.

Editorial

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Beautiful Noise, Will Swanson

Contemporary Aesthetics (Journal Archive)

This article aims to explore the nature of discordant sound, such as guitar feedback, in several respects: its status as music, its status as art and the extremely interesting aesthetic responses it evokes. I will argue for its value as an art form on the grounds that: (1) it is a neglected and overlooked area of music in terms of philosophical aesthetics; (2) it raises some interesting ontological questions about the nature of artworks; and (3) it highlights some key aspects of aesthetic responses, e.g., emotions and the body. Examining the works of such music artists as The Jesus and …

Gesture, Pulsion, Grain: Barthes' Musical Semiology, Michael Szekely

Contemporary Aesthetics (Journal Archive)

Although Barthes is perhaps best known as a semiotician, he is paradoxically always in search of precisely that which defies the constraints of language, whether art, signs or, in fact, language itself. Enter the relevance of music for Barthesian aesthetics. Barthes called for a "second semiology," in contrast to the classical semiology, which would explore "the body in a state of music." In this essay, I explore Barthes' musical semiology in terms of key concepts, including gesture, pulsion, grain, and jouissance. I extend the relevancy of Barthes' concepts, often articulated within the context of the Western classical musical tradition, to …

Fact And Fiction: Writing The Difference Between Suicide And Death, John Carvalho

Contemporary Aesthetics (Journal Archive)

Did Michel Foucault die of AIDS or did he kill himself? Did he knowingly infect others in the bath houses in San Francisco or was he unaware that he was ill and of how less-than-safe sex could spread the same virus that infected him? What did he know about AIDS/HIV and what do we know about what he knew? Answers to these questions are ambiguous. This is due, in part, to the culture of homosexuality and the cultural response to AIDS/HIV at the time. It is also due to the conflicting reports about what Foucault knew, and when, in the …

Reflections On An Aesthetics Of Touch, Smell And Taste, Mădălina Diaconu

Contemporary Aesthetics (Journal Archive)

Modern aesthetics regards sight and hearing as the only senses which were able to produce art. Touch, smell and taste might offer pleasant stimuli, but can never achieve the status of art objects. What are the arguments for this rejection, and are they still sustainable? This paper focuses on the general and specific difficulties of forming an aesthetics of touch, smell and taste; some can be overcome, while others are still waiting for a proper answer. At the same time, artistic movements, as well as changes in recent discussions of the aesthetics of everyday life prove the necessity of extending …

Interrupting Danto's Farewell Party Arrangements: Comments For Grigoriev, Kalle Puolakka

Contemporary Aesthetics (Journal Archive)

This paper is a response to Serge Grigoriev's article "Living Art, Defining Value: Artworks and Mere Real Things" (Contemporary Aesthetics Volume 3, 2005) in which he develops Joseph Margolis' provocative Danto-criticism. He especially criticizes Danto's art-philosophical starting point, the problem of indiscernibles, claiming that it presupposes an objective value judgment that cannot be maintained and that it misrepresents the way in which people interact with art. In this article, Grigoriev's argument is found lacking mainly on two grounds. First, it overlooks where the source of Danto's starting point lies; and second, I argue that it does not lead to the …

A Reply To Puolakka, Serge Grigoriev

Contemporary Aesthetics (Journal Archive)

No abstract provided.

From Aesthetics To Politics: Rancière, Kant And Deleuze, Katharine Wolfe

Contemporary Aesthetics (Journal Archive)

What does politics have to do with aesthetics? Surely, both politics and aesthetics are concerned with imagining, envisioning, and even creating, yet aren't the kinds of things these fields of inquiry imagine, envision and create greatly disparate? Jacques Rancière argues that what is at stake in politics, just as it is in aesthetics, is the distribution of the sensible, and that politics happens not only through the disruption of a certain aesthetic organization of sense experience but through the eruption of a distinct aesthetics. Here I elaborate the Kantian foundation for Rancière's conception of the kind of aesthetics that politics …

A Plea For A Cognitive Iconology Within Visual Culture, Ian Verstegen

Contemporary Aesthetics (Journal Archive)

A place is needed for a 'cognitive iconology' within "visual culture." Like Logical Positivism before it, visual culture must reexamine its tacit assumption that conflation of psycho-sociological contributions to visual meaning is an adequate methodology, and that sociologism is a worthwhile overriding philosophy. Cognitive iconology isolates the psychological contribution to the study of images and does not monopolize it but isolates the foundational basis for it on which narrower interpretations must be built. With examples from the work of Titian, it is shown how the cognitive and 'cultural' contributions must work together to make meaning. Using the philosophy of Maurice …

Wittgenstein And Haydn On Understanding Music, Yael Kaduri

Contemporary Aesthetics (Journal Archive)

Wittgenstein's remarks about music have motivated philosophers to build a comprehensive picture of his philosophy of music, concentrating on the central issues of musical meaning. It is often claimed that, according to Wittgenstein, understanding music consist in grasping the internal relationships between musical events. Musical practice, however, is naturally saturated with what philosophers often call extra-musical meanings. The present study, by considering a musical issue in Haydn's instrumental music, attempts to show that musical language games in the Wittgensteinian sense involve explanations of music that enhance the listener's ability to understand music by broadening his musical competence. Nevertheless, constituting understanding …

The Color Of The Sublime Is White, Jeffrey Downard

Contemporary Aesthetics (Journal Archive)

In this paper, I examine Melville's discussion in Moby Dick of the whiteness of the whale from the perspective of a Kantian account of the sublime. My aim, in the first instance, is to see if the comparison helps to shed light on Melville's puzzling discussion of the color white and why this color serves to heighten the feeling of being overwhelmed by terror when confronted with something extremely large or powerful. In turn, I intend to use Melville's discussion of whiteness to put pressure on some of the philosophical assumptions behind a Kantian analysis of the sublime. In particular, …

Realism And The Riddle Of Style, Catharine Abell

Contemporary Aesthetics (Journal Archive)

No abstract provided.

The Special And General Theory Of Realism: Reply To Abell, Armstrong, And Mcmahon, Dominic Lopes

Contemporary Aesthetics (Journal Archive)

No abstract provided.

The Missing Monitor In Corporate Governance: The Directors' & Officers' Liability Insurer, Tom Baker, Sean J. Griffith

Faculty Scholarship

This article reports the results of empirical research on the monitoring role of directors' and officers' liability insurance (D&O insurance) companies in American corporate governance. Economic theory provides three reasons to expect D&O insurers to serve as corporate governance monitors: first, monitoring provides insurers with a way to manage moral hazard; second, monitoring provides benefits to shareholders who might not otherwise need the risk distribution that D&O insurance provides; and third, the "bonding" provided by risk distribution gives insurers a comparative advantage in monitoring. Nevertheless, we find that D&O insurers neither monitor corporate governance during the life of the insurance …

The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno

Faculty Scholarship

This Article contends that some of the case law and social science research that form the basis for the United States Supreme Court's decision in Roper v. Simmons are insufficient and outdated. The Court also relies heavily upon briefs submitted by the respondent and his amici, in lieu of providing more pertinent citations and analysis that could have enhanced and modernized the Court's arguments. The sparse and sometimes archaic sources for Roper potentially limit the opinion's precedential value. For example, the Court cites Erik Erikson's 1968 book, Identity: Youth and Crisis, to support the view that, relative to adults, juveniles …

Recrafting A Trojan Horse: Thoughts On Workplace Governance In Light Of Recent British Labor Law Developments , James J. Brudney

Faculty Scholarship

In June of 2000, Britain established a statutory union recognition procedure applicable to all private and public employers with more than twenty workers.For a country with a history of voluntarism in labor-management relations, the creation of a legal mechanism by which unions could compel recognition from employers was a major change. The Labour Party government modeled its new approach to a considerable extent on our National Labor Relations Act (NLRA).3 Unions seeking statutory recognition must apply through a government agency; disagreements over proposed unit size or scope are to be resolved early by the agency; the union must show majority …

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Scholarly Works

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards …

Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin

Scholarly Works

This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.