Digital Commons Network^™

Framing Effects And Regulatory Choice, Jonathan R. Nash

Faculty Articles

This Article proceeds as follows. First, in Part I, I describe the contributions of behavioral law and economics literature, and then focus on the notion of framing effects. In Part II, I provide an overview of the regulatory tools generally available to environmental regulators. In Part III, I elucidate the "right to pollute" and "commodification" critiques as applied to environmental regulation. In Part IV, I analyze the economically proper scope of the "right to pollute" and "commodification" critiques with respect to environmental regulatory instruments. In Part V, I first describe the differing frames of various environmental regulatory tools. I then …

Beyond Abstraction: The Law And Economics Of Copyright Scope And Doctrinal Efficiency, Matthew Sag

Faculty Articles

Uncertainty as to the optimum extent of protection generally limits the capacity of law and economics to translate economic theory into coherent doctrinal recommendations in the realm of copyright. This Article explores the relationship between copyright scope, doctrinal efficiency, and welfare from a theoretical perspective to develop a framework for evaluating specific doctrinal recommendations in copyright law.

The usefulness of applying this framework in either rejecting or improving doctrinal recommendations is illustrated with reference to the predominant law and economics theories of fair use. The metric-driven analysis adopted in this Article demonstrates the general robustness of the market-failure approach to …

The Subtlety Of Political Risk With Foreign Direct Investment: The Case Of The Vietnamese Sugar Industry, Tom Arnold, Bonnie Buchanan, Janice Lo

Finance Faculty Publications

Political risk entails more than a host country taking advantage of investment from foreign sources. A more subtle form of political risk is attributable to the host government's mismanagement of policies that may be intended to attract foreign direct investment, but may have unintended consequences. A perfect example is the ''One Million Tonne Sugar Program " sponsored by the government of Vietnam during the mid-1990s. What appears to be a very lucrative investment for foreign investors becomes a financial disaster due to the inability of the government to allocate resources efficiently and police its borders from smugglers.

The Rationality Of Law Students' Career Choices, Aaron Haas

Richmond Public Interest Law Review

Two of the major problems confronting the legal profession today are increasing rates of job dissatisfaction and the persistent problem of encouraging lawyers to work in public interest settings. These two problems are actually connected in an important way. Researchers have found that lawyers earning the highest salaries, typically in large law firms, are also the most dissatisfied with their profession, while lawyers working for government agencies, public interest organizations, and educational institutions are among the most satisfied. In other words, encouraging more law students to enter public service law could address both the problem of unhappiness in the profession …

Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin

Richmond Public Interest Law Review

In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?

Spaces And Places: A Systems Theory Approach To Regulatory Competition In European Company Law, Peer Zumbansen

Articles & Book Chapters

This article takes issue with the longstanding oppositional themes of harmonisation versus regulatory competition in European company law. Instead of embracing one approach over the other in exclusivity, the article draws attention to the persisting mixture of approaches to an emerging European-wide law regulating the business corporation. Against the background of an ongoing struggle over identifying the goals and taboos of the European legislator’s mandate in regulating the company, the argument put forward here is that this very struggle is reflective of the nature of the evolution of company law in an ‘integrating Europe and a globalising world’. European attempts …

Rethinking Enforcement And Litigation In Ontario Securities Regulation, Mary Condon

Articles & Book Chapters

The Ontario government has recently made changes to provincial securities law that are aimed at more effective enforcement. For example, statutory civil remedies are now available to investors in actions involving misrepresentation or inadequate disclosure in the secondary market. A broader range of sanctioning options has also been made available to the Ontario Securities Commission.

The author explores the factors contributing to these developments, identifies recent controversies surrounding the Commission's enforcement activities, and evaluates the effectiveness of different approaches to enforcement. The author reviews policy issues surrounding enforcement through public, criminal and quasi-criminal sanctions, as well as civil remedies, and …

Cross-Platform Podcast Feed Authoring Application, Brian P. Geary

Technical Library

The goal of this project is to build a cross-platform software application for creating, publishing, and maintaining a podcast RSS feed. Podcasting forms the foundation of an innovative subscription service that gives the audience unprecedented control over media-based content. This is a relatively recent technology that distributes audio and video recordings over the Internet using RSS syndication for listening on mobile devices and personal computers. This application will enable the novice podcaster to create and edit their own RSS feeds without requiring prior knowledge of RSS tag names, file structure or XML formatting rules. The application will also automate publishing …

Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir

Articles & Book Chapters

In September 2004 Toronto-based Noranda Inc., one of the world's largest producers of nickel and copper, and China Minmetals Corp., a state-owned Chinese company, announced exclusive talks regarding a potential 100 percent buy-out of Noranda. The proposed friendly takeover was expected to be valued at approximately $7.4 billion USD. The dynamic shifted, however, in mid-November when Noranda announced that the exclusivity period for negotiations had expired and would not be renewed. In early March 2005 Noranda expressed frustration at the continuing lengthy process, which was depressing its share value. At the time, Noranda owned 59 percent of leading Canadian nickel …

Profitability Study Of Mpaa Rated Movies, Sridhar Sundaram

Seidman Business Review

Concerned with the limited number of family oriented films currently produced each year and an increase in the number of films containing sex and violence, The Dove Foundation is interested in determining which films, by MPAA rating, produce the greatest profits as well as the highest rates of return on investment (ROI).

Creating A Sense Of Community In The Classroom, Jesús Nieto, Suzanne Valery

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Search Engine Bias And The Demise Of Search Engine Utopianism, Eric Goldman

Faculty Publications

Due to search engines' automated operations, people often assume that search engines display search results neutrally and without bias. However, this perception is mistaken. Like any other media company, search engines affirmatively control their users' experiences, which has the consequence of skewing search results (a phenomenon called "search engine bias"). Some commentators believe that search engine bias is a defect requiring legislative correction. Instead, this Essay argues that search engine bias is the beneficial consequence of search engines optimizing content for their users. The Essay further argues that the most problematic aspect of search engine bias, the "winner-take all" effect …

The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang

Faculty Publications

No abstract provided.

Does Avoiding Constitutional Questions Promote Judicial Independence?, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

Aliens With Guns: Equal Protection, Federal Power, And The Second Amendment, Pratheepan Gulasekaram

Faculty Publications

The nexus between guns and alienage presents a window through which to assess the competing constitutional values embodied in the Equal Protection Clause, the federal foreign-affairs power, and the Second Amendment. This Article analyzes the application of equal-protection norms and the federal foreign-affairs power on federal and state statutes that restrict the ability of non-citizens to bear arms. Professor Gulasekaram argues that courts should evaluate alienage restrictions at both the state and federal level under a unified analytic framework that would attempt to reconcile both personhood norms, such as equality, and gate-keeping norms vindicated by reliance on federal-power doctrines. As …

A Coasean Analysis Of Marketing, Eric Goldman

Faculty Publications

Consumers claim to hate marketing - mostly, because they get too much unwanted marketing. In response, regulators develop medium-by-medium marketing suppression regulations. Unfortunately, these ad hoc solutions do little to satisfy consumers, and dynamic technologies and business practices quickly render them moot. Instead of continuing this cycle, there would be some benefit to developing a cross-media marketing regulatory scheme.

However, any holistic solution must be predicated on a clear rationale for regulating marketing. The most common justification is that marketing imposes a negative externality on consumers, but this argument ignores the private and social welfare created by marketing and can …

Neo-Strategicon: Modernized Principles Of War For The 21st Century, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Celebrity Newsgathering And Privacy: The Transformation Of Breach Of Confidence In English Law, John D. Mccamus

Articles & Book Chapters

No abstract provided.

Re-Framing The Sharia Arbitration Debate, Trevor C. W. Farrow

Articles & Book Chapters

This article is a response to Mr. McGuinty regarding his response to religious arbitration in the province of Ontario. First, the issue is not about simply prohibiting religious tribunals. Second, it is not only an Ontario issue. Third, it is not necessarily even a Sharia (or religion) issue. This article focuses on these three problems.

“Judicial Hellholes:” Medical Malpractice Claims, Verdicts, And The “Doctor Exodus” In Illinois, Neil Vidmar, Kara Mackillop

Faculty Scholarship

No abstract provided.

A Comparative Investigation Of The Concept Of Nature In The Writings Of Henry M. Morris And Bernard L. Ramm, Andrew M. Mutero

Dissertations

The study examines two major contrasting theological accounts of nature within the contemporary North American Evangelical community as articulated by Henry Morris and Bernard Ramm. In doing so, the dissertation analyzes nature considered diachronically in three epochs namely: (1) Natura Originalis (the origin of nature); (2) Natura Continua (the contemporary status of nature); and (3) Natura Nova (the future of nature).

The purpose of this research is to discover, describe, analyze, and compare the shape of the two contrasting concepts of nature articulated respectively by Morris, a strict concordist and a special creationist and Ramm, a broad concordist and a …

Factors Related To Adult Degree Program Completion At Atlantic Union College, Corina Polanco Parris

Dissertations

Problem

The Adult Degree Program at Atlantic Union College has for the past 34 years instituted innovations and practices, following new trends in adult education, to make it more accessible and viable in helping students grow intellectually and professionally and to complete their educational goals. This study was done to examine the extent to which institutional, personal, and family factors are related to adult degree program completion at Atlantic Union College.

Methodology

A survey research method was used in this study. A questionnaire was designed and administered to 365 adults: 160 alumni, 45 withdrawals, and 160 current students. Useable responses …

Academic Performance And Engagement Of Educational Opportunity Program Students In A College Algebra Extended Class At The State University Of New York, New Platz, Courtney Anthony Pindling

Dissertations

Problem

The purpose of this study was to describe the academic performance of a group of Educational Opportunity Program (EOP) students in a College Algebra Extended Program (CAEP) at the University of New York, New Paltz. Generally, EOP students are admitted with low mathematics placement scores. In the past, they would have been required to do remedial math. However, since college remedial math is no longer available, the CAEP was implemented to remedy this problem. This study was conducted to examine how a small group of EOP students performed in this course.

Method

A descriptive research design was used to …

Matrix Metalloproteinase-9 Amplifies The Immune Response To Pseudomonas Aeruginosa Corneal Infection, Sharon A. Mcclellan, Xi Huang, Ronald P. Barrett, Shahrzad Lighvani, Yunfan Zhang, Dawn Richiert, Linda D. Hazlett

Peer Reviewed Articles

PURPOSE. The purpose of this study was to determine the role of matrix metalloproteinases (MMP) in Pseudomonas aeruginosa keratitis.

METHODS. Gene array and selective real-time PCR examined MMP expression in the cornea of susceptible (C57BL/6, B6) versus resistant (BALB/c) mice before and after infection; zymography tested enzyme activity for MMP-2 and -9. Clinical score, Langerhans cell (LC), and Neutrophil (PMN) quantitation were done in recombinant (r) MMP-9, antibody neutralized, and MMP-9^−/− mice. The chemotactic potential of MMP-9 was tested in a Boyden chamber assay; light and transmission microscopy and immunostaining for collagen IV and MMP-9 were used …

Working With Movies And Plays: A Hands-On Study Of Film, Theatre, And Adaptations, Matt Balke

Senior Honors Theses and Projects

To gain increased ability in working with movies, two films were made, one of which was an adaptation of a novel. An adaptation of that adaptation was also made in the form of a play, in an effort to gain greater theatrical skill. Using the experience of working on a similar story in the form of both a movie and a play, the similarities and differences of the two mediums were compared and contrasted. These projects were also used, along with some research, to gain increased theoretical and practical knowledge of what goes into making a good adaptation. It was …

A Quantitative Approach Towards Establishing Normal Csp Mrna Accumulation Patterns In Escherichia Coli K12, Khadijah Aisha Mitchell

Electronic Theses and Dissertations

The cold-shock response in Escherichia coli induces a set of 26 proteins that help ensure the efficiency of transcription, translation, and DNA replication at low temperatures. Some members of this group belong to the cold-shock protein (Csp) family. In Escherichia coli K12, there are 9 homologous csp genes named cspA-cspI. The Csp family in this strain is unusual because each gene has different mechanisms of induction and gene products. Various regulation studies have been performed on individual members of this family to help understand why so many homologues exist. No literature to date has ever looked at the mRNA expression …

Adolescent Female Embodiment As A Transformational Experience In The Lives Of Women: An Empirical Existential-Phenomenological Investigation, Allyson Havill

Electronic Theses and Dissertations

Adolescence can be a time of psychological vulnerability in the life cycle of a woman as she experiences multiple developmental changes. As articulated in the literature related to adolescent female development, a changing body may be at the heart of what can make this a time of profound transition for the adolescent girl as she attempts to negotiate alterations in her identity and self-concept, and consequently her social roles.

The purpose of this investigation of adolescent female embodiment was to understand the experience of adolescent girls as it relates to their changing bodies, and to explore the question of whether …

Girl Power: Feminine Motifs In Japanese Popular Culture, David Endresak

Senior Honors Theses and Projects

No abstract provided.

The Flagellar Motility Of Chlamydomonas Pf25 Mutant Lacking An Akap-Binding Protein Is Overtly Sensitive To Medium Conditions, Chun Yang, Pinfen Yang

Biological Sciences Faculty Research and Publications

Radial spokes are a conserved axonemal structural complex postulated to regulate the motility of 9 + 2 cilia and flagella via a network of phosphoenzymes and regulatory proteins. Consistently, a Chlamydomonas radial spoke protein, RSP3, has been identified by RII overlays as an A-kinase anchoring protein (AKAP) that localizes the cAMP-dependent protein kinase (PKA) holoenzyme by binding to the RIIa domain of PKA RII subunit. However, the highly conserved docking domain of PKA is also found in the N termini of several AKAP-binding proteins unrelated to PKA as well as a 24-kDa novel spoke protein, RSP11. Here, we report that …

An Engineered Nonsense Ura3 Allele Provides A Versatile System To Detect The Presence, Absence And Appearance Of The [Em>Psi+] Prion In Saccharomyces Cerevisiae, Anita L. Manogaran, Kathryn T. Kirkland, Susan W. Liebman

Biological Sciences Faculty Research and Publications

Common methods to identify yeast cells containing the prion form of the Sup35 translation termination factor, [PSI⁺], involve a nonsense suppressor phenotype. Decreased function of Sup35p in [PSI⁺] cells leads to readthrough of certain nonsense mutations in a few auxotrophic markers, for example, ade1-14. This readthrough results in growth on adenine deficient media. While this powerful tool has dramatically facilitated the study of [PSI⁺], it is limited to a narrow range of laboratory strains and cannot easily be used to screen for cells that have lost the [PSI^{+ …}