Digital Commons Network^™

The Cresset (Vol. Lxx, No. 2, Advent/Christmas), Valparaiso University

The Cresset (archived issues)

No abstract provided.

Lawyers, Citizens, And The Internal Point Of View, W. Bradley Wendel

Cornell Law Faculty Publications

Imagine two citizens, one of whom obeys the law only in order to avoid being sanctioned for noncompliance, the other of whom looks to the law for guidance, and regards legal directives as legitimate reasons for action in themselves. These two hypothetical citizens represent Oliver Wendell Holmes' metaphorical bad man and H.L.A. Hart's puzzled man, respectively. Both citizens take the law into account in their practical reasoning, but they are concerned with very different kinds of reasons created by law. Hart argues that the bad citizen's point of view is inadequate to capture the law's distinctive normativity. In response, some …

Primetimes Newsletter, Winter 2006, Office Of Lifespan Studies

PrimeTimes Newsletter

PrimeTimes is the newsletter of the Office of Lifespan Studies in the College of Science at Coastal Carolina University.

Policy Profiles Vol. 6 No. 3 December 2006, Northern Illinois University Center For Governmental Studies, James M. Banovetz, Dawn S. Peters

Policy Profiles

The County Administrator Form: A Modern Approach To Illinois County Government

Gamma Shape Mixtures For Heavy-Tailed Distributions, Sergio Venturini, Francesca Dominici, Giovanni Parmigiani

Johns Hopkins University, Dept. of Biostatistics Working Papers

An important question in health services research is the estimation of the proportion of medical expenditures that exceed a given threshold. Typically, medical expenditures present highly skewed, heavy tailed distributions, for which a) simple variable transformations are insufficient to achieve a tractable low- dimensional parametric form and b) nonparametric methods are not efficient in estimating exceedance probabilities for large thresholds. Motivated by this context, in this paper we propose a general Bayesian approach for the estimation of tail probabilities of heavy-tailed distributions,based on a mixture of gamma distributions in which the mixing occurs over the shape parameter. This family provides …

Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.

Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen L. Norton

Faculty Scholarship

This Article examines growing congressional interest in a specific legislative check on judicial power: controlling the types of cases judges are empowered to decide by expanding and/or contracting federal subject matter jurisdiction. Congress has recently sought to shape judicial power through a range of proposals that variously enlarge and compress federal subject matter jurisdiction. In 2004, for example, the House of Representatives voted to strip federal courts of jurisdiction over constitutional challenges to the Defense of Marriage Act and the Pledge of the Allegiance. Just a few months later, the new 109th Congress undertook a groundbreaking expansion of federal subject …

Misogyny, Androgyny And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith Render

Faculty Scholarship

Understanding sexual harassment as a form of discrimination “because of sex” has grown increasingly difficult as our understandings of both gender and sex have grown richer and more complex. This piece offers a new descriptive model for understanding gender bias in the context of sexual harassment law. The piece argues that two separate sets of ideas about gender have intersected to produce a new picture of gender “equality”: one that is separated from a binary model of men and women, but that nonetheless continues to disadvantage women as compared to men. The paper refers to this idea as the androcentric-assimilation …

Some Thoughts On "The Economic Loss Rule" And Apportionment, Oscar S. Gray

Faculty Scholarship

This paper illustrates the process of comments upon and revisions to Restatement drafts, based on successive drafts of the proposed Restatement Third of Torts: Liability for Economic Loss.

Stuart Chase And Red Scare #2, 1946-1954, Richard Vangermeersch

Special Collections (Miscellaneous)

I have written an academic piece, “The Marking of Stuart Chase As a ‘Red Accountant’--An Epic (1917-1921)” on Stuart Chase (SC) and Red Scare #1, 1917-1921. The current piece is a much more casual type writing and, hopefully, will be a part of the SC website. My purpose in this piece is to illustrate how SC was smeared in the Reece Committee Report of 1954 without any possibility of retort before the Committee. This piece might inspire a much more academic work on the Reece Committee--a rich topic indeed. This piece also shows that SC was a marked man by …

Signaling Through The Trail Receptor Dr5/Fadd Pathway Plays A Role In The Apoptosis Associated With Skeletal Myoblast Differentiation, J. O'Flaherty, Y. Mei, M. Freer, C. M. Weyman

Biological, Geological, and Environmental Faculty Publications

Apoptosis rather than differentiation is a physiological process during myogenesis and muscle regeneration. When cultured myoblasts were induced to differentiate, we detected an increase in caspase 8 activity. Pharmacological inhibition of caspase 8 activity decreased apoptosis. Expression of a dominant-negative mutant of the adapter protein FADD also abrogated apoptosis, implicating a death ligand pathway. Treatment with TRAIL, but not Fas, induced apoptosis in these myoblasts. Accordingly, treatment with a soluble TRAIL decoy receptor or expression of a dominant-negative mutant of the TRAIL receptor DR5 abrogated apoptosis. While TRAIL expression levels remained unaltered in apoptotic myoblasts, DR5 expression levels increased. Finally, …

Leveraging Workplace Diversity In Organizations, Alison M. Konrad

Organization Management Journal

Research identifies several substantial barriers to the building of good working relationships among diverse cultural groups, and diversity must be managed if organizations are to attain the benefits promised by the business case for diversity. Many organizations have created diversity initiatives to address the demographic changes in the labor force and customer base, but few have achieved the goal of developing a truly multicultural organization. This article tracks best practices for managing diversity as well as future trends managers should prepare for. Managing diversity successfully requires a long-term commitment, and research suggests that employees respond well to diversity best practices …

Fostering Emotional And Social Intelligence In Organizations, Craig R. Seal, Richard E. Boyatzis, James R. Bailey

Organization Management Journal

This paper integrates diverse research to provide a theoretical model of the process whereby emotional and social intelligence (ESI) is fostered in organizations. The purpose of this paper is to provide: (1) an overview of the theory of ESI, including the historical contributions and current conceptualizations; (2) the impact of ESI on performance, including the research evidence and examples of organizations using ESI; (3) developing ESI competencies and a model for desirable, sustainable change; and (4) a call to action for education and management, including guidelines for fostering ESI in organizations. Unlike general intelligence or personality, the key assumption and …

Fostering Emotional And Social Intelligence In Organizations, Craig R. Seal, Richard E. Boyatzis, James R. Bailey

Organization Management Journal

This paper integrates diverse research to provide a theoretical model of the process whereby emotional and social intelligence (ESI) is fostered in organizations. The purpose of this paper is to provide: (1) an overview of the theory of ESI, including the historical contributions and current conceptualizations; (2) the impact of ESI on performance, including the research evidence and examples of organizations using ESI; (3) developing ESI competencies and a model for desirable, sustainable change; and (4) a call to action for education and management, including guidelines for fostering ESI in organizations. Unlike general intelligence or personality, the key assumption and …

Leveraging Workplace Diversity In Organizations, Alison M. Konrad

Organization Management Journal

Research identifies several substantial barriers to the building of good working relationships among diverse cultural groups, and diversity must be managed if organizations are to attain the benefits promised by the business case for diversity. Many organizations have created diversity initiatives to address the demographic changes in the labor force and customer base, but few have achieved the goal of developing a truly multicultural organization. This article tracks best practices for managing diversity as well as future trends managers should prepare for. Managing diversity successfully requires a long-term commitment, and research suggests that employees respond well to diversity best practices …

Incarnational Development, Donald J. Lococo

Verbum

In lieu of an abstract, below is the essay's first paragraph.

"Aside from the certainty of birth and death, all other qualities of human life are propositional. We were born; we will die … these are the axiomatic statements of human life – i.e., self-evident. We need no proof of their truth, certainly there can be no argument. Anything else we say about human life contains the words “if” and “then” as bridge elements of the inherent uncertainty of life. This “if/then” grammatical structure implies by necessity the influence of external factors that determine and qualify their truth content. If …

A Guide To A Design Professional's Potential Liability In Georgia, Gabriel Azar

Law Library Student-Authored Works

No abstract provided.

Georgia Sex Offender Act And National Sex Offender Laws, March Moieh Konan

Law Library Student-Authored Works

No abstract provided.

Opening Bottlenecks: On Behalf Of Mandated Network Neutrality, Bill D. Herman

Federal Communications Law Journal

This Article calls for mandated "network neutrality," which would require broadband service providers to treat all nondestructive data equitably. The Author argues that neutral networks are preferable because they better foster online innovation and provide a more equitable distribution of the power to communicate. Without mandated network neutrality, providers in highly concentrated regional broadband markets will likely begin charging content providers for the right to send data to end users at the fastest speeds available. The Author demonstrates that regional broadband competition and forthcoming transmission technologies are unlikely to prevent broadband discrimination, ad hoc regulation under current statutory authority is …

Vol. 17, No. 04 (December 2006)

Res Ipsa Loquitur

No abstract provided.

Beyond Interstate Recognition In The Same-Sex Marriage Debate, Gary J. Simson

Cornell Law Faculty Publications

The national same-sex marriage debate has been dominated for the past decade by the interstate recognition issue. This article seeks to shift the focus of the debate to same-sex marriage prohibitions themselves and their incompatibility with several limitations of federal constitutional law.

After showing the legal irrelevance of the Defense of Marriage Act to the interstate recognition issue, the article addresses the proper resolution of that choice-of-law issue through the lens of a well-known New York Court of Appeals decision. In that case, despite New York's ban on uncle-niece marriage, the New York high court - one of the most …

The Democratic Deficit In America, Sanford Levinson

Schmooze 'tickets'

No abstract provided.

September 11 And The Second Wave Of Public Law Globalization: The New Legal Infrastructure Of Anti-Constitutionalism, Kim Lane Scheppele

Schmooze 'tickets'

No abstract provided.

The International State Of Emergency: Challenges To Constitutionalism After September 11, Kim Lane Scheppele

Schmooze 'tickets'

No abstract provided.

The Process Of Constitutional Change: From Partisan Entrenchment To The National Surveillance State, Jack M. Balkin, Sanford Levinson

Schmooze 'tickets'

No abstract provided.

Political Development And The Origins Of The "Living Constitution", Howard Gillman

Schmooze 'tickets'

No abstract provided.

Narrow Originalism/Intentionalism, James E. Fleming

Schmooze 'tickets'

No abstract provided.

It's Alive! The Persistence Of The Constitution, Keith E. Whittington

Schmooze 'tickets'

No abstract provided.

The Constitution May Be Undemocractic, But Not Supreme Court Decision-Making: The Difference Between Legal And Political Time, Ronald Kahn

Schmooze 'tickets'

No abstract provided.

The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward

Schmooze 'tickets'

No abstract provided.