Digital Commons Network^™

"A Brave New World?": A Study Of The Disappearing Boundaries Between Entertainment And Hard News., Michael William Janney

Graduate Theses, Dissertations, and Problem Reports (ETD)

As journalism moves ahead in the 21st Century, alternate methods of presentations could distort the information and messages presented. This thesis examines the presence of such distortions in broadcast journalism. Analyzing three types of programs ñ the traditional nightly news broadcast, the political pundit commentary/news broadcast and satirical/fake news broadcast, the study examines some of their characteristics to see how they compare and contrast. Methodologies include a quantitative content analysis, along with a descriptive observation and analysis of the data set. Research concludes that these programs have many similarities in their methods of presentation and inclusion of entertainment, but differ …

De Novo Asymmetric Syntheses Of Unnatural Manno-Trisaccharides, Homo-Adenosine, Digitoxin And Landomycin A., Maoquan Zhou

Graduate Theses, Dissertations, and Problem Reports (ETD)

De novo asymmetric synthesis is a strategy that uses asymmetric catalysis to construct chiral molecules from achiral starting materials. De novo approach to carbohydrate builds saccharides from commercially available achiral starting material which will enable the medicinal chemist to install a much broader range of carbohydrates on natural products and in a SAR-amenable fashion. The palladium-catalyzed glycosylation reaction stereoselectively converts 2-substituted 6-tert-butoxycarboxy-2H-pyran-3(6H)-ones into 2-substituted 6-alkoxy-2H-pyran-3(6H)-ones. By using this reaction, a divergent library of the natural and unnatural 1,4-manno-trisaccharides as well as branched 1,4- and 1,6-linked trisacchardes were synthesized. The 1,4-α-manno-disaccharides were achieved in eight total steps starting from achiral acylfuran. …

The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook

Articles by Maurer Faculty

This article contains aggregated data from fifty years of the annual matrixes of justice inter-agreement for particular Supreme Court terms published by the Harvard Law Review (1956 to 2005 terms). Aggregating how often any two justices sided together on cases for a particular term relative to the amount of cases the two justices heard together allows one to derive a measure of the particular term that reflects the relative amount of agreement or disagreement for the term. This new metric, called the Aggregate Harmony Metric, allows for comparative benchmarks. For instance, the 2005 term, with an aggregate agreement of 70%, …

Security And Human Rights, Liora Lazarus, Benjamin J. Goold

All Faculty Publications

In the wake of the events of September 11th, the task of reconciling issues of security with a respect for fundamental human rights has emerged as one of the key challenges facing governments throughout the world. Although the issues raised by the rise of security have been the subject of considerable academic interest, to date much of the debate surrounding the impact of security on human rights has taken place within particular disciplinary confines. In contrast, this collection of essays from leading academics and practitioners in the fields of criminal justice, public law, international law, international relations and legal philosophy …

Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin

All Faculty Publications

In this article we examine the rapid emergence and expansion of a private-sector compliance and enforcement infrastructure that we believe may increasingly be providing a substitute for public and legal regulatory infrastructure in global commerce, especially in developing countries where rule of law is weak and court systems are absent or inadequate. This infrastructure is provided by a proliferation of performance codes and standards, and a rapidly-growing global army of privately-trained and authorized inspectors and certifiers that we call the "third-party assurance industry." The growth in the third party assurance business has been phenomenal in the last decade. The business …

The Problem Of Official Discretion In Anti-Terrorism Law: Comment On Khawajah, W. Wesley Pue, Robert Russo

All Faculty Publications

This paper assesses the first judicial ruling on key provisions of the Anti Terrorism Act. Rutherford J.'s ruling struck down provisions creating a motive requirement in the definition of terrorist activity while upholding the overall structure of the act against challenges on the basis of overbreadth and vagueness. A fault-line divides the two sides of the ruling. On one side the court looked to the lived-experience of legal rules, concluding that including motive requirements would mislead officials in the direction of improper and unconstitutional racial or religious profiling. On the other side of the fault-line the court restricted itself to …

Model Compound Study Of The Pathways For Aromatic Hydrocarbon Formation In Soot, Randall E. Winans, Nancy A. Tomczyk, Jerry E. Hunt, Mark S. Solum, Ronald J. Pugmire, Thomas H. Fletcher

Faculty Publications

As a follow-up of previous work on the flame pyrolysis of biphenyl and pyrene, a more detailed analysis of the pyrolytic products has been done using additional NMR data obtained on the whole soot sample correlated with detailed high-resolution and GC mass spectrometry data on the solvent-extracted portion of the same samples. These latter data complement the earlier NMR data with details of the pre-sooting structures, referred to as “young soot”, in pyrolyzed biphenyl samples collected at 1365, 1410, and 1470 K and pyrene at 1410 and 1470 K. The data reveal the roles played by free-radical-assisted polymerization reactions as …

Development Of Speech Reception Threshold Materials For Speakers Of Taiwan Mandarin, Shawn L. Nissen, Richard W. Harris, Katie B. Slade

Faculty Publications

The aim of this research was to develop, digitally record, evaluate, and equate speech audiometry materials that can be used to measure the speech reception threshold(SRT) in quiet for native speakers of Taiwan Mandarin. Familiar trisyllabic words were digitally recorded by male and female talkers of Taiwan Mandarin and subsequently evaluated by 20 native listeners with normal hearing at 14intensity levels (10 to 16 dB HL) in 2 dB increments. Using logistic regression, psychometric functions were calculated for all words. Twenty-eight words with comparatively steep psychometric functions were selected and digitally adjusted to match the mean subject pure-tone average (5.0 …

Empty Threats? How Egyptians' Self-Ontology Should Affect The Way We Read Many Texts, Kerry M. Muhlestein

Faculty Publications

Egyptologists have typically divided texts into those that dealt with the divine and those that treated the mundane. This false dichotomy is not one that the Egyptians themselves would have imposed. They saw themselves as mortal beings that interacted with the divine realm and the afterlife. The texts they created reflect this understanding, and thus we are greatly hampered when we insist that the language of a decree, threat formula, or other texts, must refer to either the mundane or the supernatural, but not both. There is ample evidence that the Egyptians often intended specific wording to invoke multiple realms, …

Solar Dryer Construction And Use Manual Version 2.0 2007, Jonathan P. Rowe, Jonathan K. Russon, Frost M. Steele

Faculty Publications

In less time than it took to develop this solar dryer and manual, the Pacific Island area has experienced several typhoons and tropical depressions followed by significant flooding and destruction of homes, properties and crops. It is in the interest of all people to become more self-reliant in times of need and to have the basic necessities available at a moment’s notice to sustain life until transportation, commerce, health care, agriculture, water, etc. can be restored to a more normal state. This work was done to enable the people of the Pacific islands to meet some of their food requirements …

Suffolk University Academic Catalog And Handbook, College Of Arts And Sciences And Sawyer Business School, 2007-2008, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for the graduate program

Lip Kinematics In Spasmodic Dysphonia Before And After Treatment With Botulinum Toxin, Christopher Dromey, Aubrey Reese, Susan Howey

Faculty Publications

In order to learn about articulatory behavior in adductor spasmodic dysphonia (SD), the lip movements of seven individuals with SD and three control speakers were recorded with strain gauges as they repeated 'Buy Bobby a puppy' in voiced and whispered conditions. Results included weaker bilabial coordination, qualitative differences in the shape of lip movement profiles, and an increased number of lip velocity peaks in the speakers with SD. These participants received percutaneous botulinum toxin injection to the thyroarytenoid muscle, and were then recorded again. The pre- vs. post-treatment data revealed that improved vocal activity was associated with fewer articulatory disturbances. …

The Mercury 2007

The Mercury

No abstract provided.

Striving For Equality, But Settling For The Status Quo: Is Title Vi More Illusory Than Real?, Ruqaiijah Yearby

All Faculty Scholarship

A plethora of empirical studies, such as the Institute of Medicine’s Unequal Treatment report, have shown that racial inequities in health care continue at the same level as in the Jim Crow Era. Innumerable reasons have been offered to explain the continuation of these health inequities, including racial discrimination. Congress enacted Title VI of the Civil Rights Act of 1964 to put an end to racial discrimination in health care, but it still persists. Given the regulation and enforcement mechanisms established under Title VI explicitly aimed at remedying racial discrimination such as that directed at elderly African-Americans it is unbelievable …

Thirty Years Of Solicitude: Antitrust Law And Physician Cartels, Thomas L. Greaney

All Faculty Scholarship

Over the last thirty years the Federal Trade Commission and the Department of Justice have challenged dozens of physician cartels, networks, and other arrangements that they alleged constituted price fixing or other restraints of trade under the antitrust laws. In addition, the antitrust agencies have issued numerous advisory opinions, published detailed statements of enforcement policy, and made dozens of public statements on the issue of physician collaboration. The puzzle explored in this essay is why the government's deployment of unparalleled enforcement resources has not curtailed physician attempts to engage in collective bargaining and other attempts to restrain price competition. It …

The Changing Face Of Collective Representation: The Future Of Collective Bargaining, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Civil Fraud Liability And Iraq Reconstruction: A Return To The False Claims Act's War-Profiteering Roots?, Jessica C. Morris

Georgia Law Review

During its short existence, the Coalition Provisional Authority (CPA), the U.S.-led occupation regime that governed Iraq from May 2003 to June 2004, entered into security and reconstruction contracts amounting to billions of dollars. Fraud pervaded the chaotic contracting environment of CPA-era Iraq. The False Claims Act (FCA), enacted by Congress during the Civil War to protect the Union from profiteering suppliers, remains the U.S. government's most effective tool in combating fraud. Whistleblower or qui tam provisions within the FCA function to assist the under-staffed contractingcorps ferret out fraud. This Note will argue that the FCA should apply to all CPA …

Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime

Articles by Maurer Faculty

This article examines sex discrimination arguments in recent same-sex marriage cases. Since 1993, when the Hawaii Supreme Court held in Baehr v. Lewin that denying same-sex couples the right to marry could state a claim of sex discrimination, every state high court to consider the issue has rejected the claim. But many recent decisions have in fact relied upon sex-based stereotypes to justify marriage restrictions. These include claims that men and women, simply by virtue of their gender, provide distinct role models for children; that men and women play "opposite" or "complementary" roles within marriage; and that marriage is essential …

Advocating For The Employment Rights Of Victims Of Domestic Violence And Sexual Assault, Deborah A. Widiss, Robin R. Runge

Articles by Maurer Faculty

No abstract provided.

What Is Natural Resources Law?, Robert L. Fischman

Articles by Maurer Faculty

A recent flurry of new natural resources law casebooks, coming a quarter-century since the publication of the last significant new teaching materials, is an occasion to revisit the boundaries that define the field. The similarities among the casebooks are stronger than their differences, and represent a consensus about what composes natural resources law. The published teaching materials as well as an informal poll of natural resources law professors show a substantial overlap between natural resources and environmental law course coverage. Administrative implementation of statutes dominates both subjects. Both courses typically cover environmental impact analysis and endangered species protection. The new …

Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King

Articles by Maurer Faculty

This article considers recent trends in federalism, with particular attention to natural resource law's statutory savings clauses. It begins with a case study of elk management in Jackson Hole, Wyoming. The elk controversy shows how a statutory savings clause can provide a state with traction to advance its interests, and demonstrates how the political winds of change can shift the balance of state-federal relations. The article then focuses on the common statutory savings clauses and their roles in circumscribing federal agency authority and establishing a basis for cooperation between federal and state governments. We analyze the interpretive approaches the judiciary …

Medical Tourism: Symptom Or Cure?, Kerrie S. Howze

Georgia Law Review

"Medical tourism" is the phrase used to describe the phenomenon whereby patients travel to a foreign country to consume medical services. This practice has gained momentum in recent years, largely due to accessibility and affordability issues plaguing the U.S. healthcare system. Notably, medical tourism has progressed from being only an option considered by uninsured or under-insured individuals to an option considered by employers as a means of reducing the cost of employee health benefits. This Note examines the medical tourism practice and discusses potential problems with the practice, specifically the lack of remedy in case of medical negligence. Although medical …

The Plan B For Plan B: The New Dual Over-The-Counter And Prescription Status Of Plan B And Its Impact Upon Pharmacists, Consumers, And Conscience Clauses, Brittany L. Grimes

Georgia Law Review

On August 24,2006, the U.S. Food and Drug Administration decided to approve Plan B, the "morning-after"contraceptive pill, as an over-the-counter drug for women ages eighteen and older only. Individuals aged seventeen years and younger must still obtain a prescription in order to purchase Plan B, resulting in confusion and complications in implementing the age limitation. Additionally, the dual status of Plan B as both a prescription and over-the-counter drug might still be undermined by pharmacists choosing to refuse sale of contraceptives under various state protective conscience clauses. This Note explores the impact of the FDA's novel decision to create a …

Confronting Myths And Myopia On The Road From Doha, Daniel R. Cahoy

Georgia Law Review

Recent patent compulsory licenses issued by Thailand and Brazil have focused attention on this property rights safety valve as a means for balancing access and innovation in essential medicines. While derided in some quarters,many view these measures as a legitimate exercise of the flexibilities that exist in international intellectual property agreements, recently enhanced as a result of the WTO's Doha round of trade negotiations. But the increasing willingness to utilize patent compulsory licenses faces a troubled future: the international framework is dangerously ambiguous and significantly misaligned. Chief among the concerns is the level of compensation owed to a patent owner …

Multinational Class Actions Under Federal Securities Law: Managing Jurisdictional Conflict, Hannah Buxbaum

Articles by Maurer Faculty

This article examines a form of securities class action that is growing increasingly popular in U.S. courts: the foreign cubed action, brought against a foreign issuer on behalf of a class that includes foreign investors who purchased securities on a foreign exchange. These cases are becoming an important part of the regulatory landscape (as evidenced by recent high-profile lawsuits involving issuers such as Vivendi, Bayer and Royal Ahold), and they create the potential for particularly severe conflict with other countries on the question of how best to regulate global economic activity. Yet they point out quite clearly that the traditional …

Outsourcing And The Globalizing Legal Profession, Jayanth K. Krishnan

Articles by Maurer Faculty

The issue of outsourcing jobs abroad stirs great emotion among Americans. Economic free-traders fiercely defend outsourcing as a positive for the U.S. economy while critics contend that corporate desire for low wages solely drives this practice. In this study I focus on a specific type of outsourcing, one which has received scant scholarly attention to date - legal outsourcing. Indeed because the work is often paralegal in nature, many see the outsourcing of legal jobs overseas as no different from other types of outsourcing. But by using as my case studies both the United States and India, the latter which …

Architecture Amidst Anarchy: Global Health's Quest For Governance, David Fidler

Articles by Maurer Faculty

Increased concern about global health has focused attention on governance questions, and calls for new governance architecture for global health have appeared. This article examines the growing demand for such architecture and argues that the architecture metaphor is inapt for understanding the challenges global health faces. In addition to traditional problems experienced in coordinating State behavior, global health governance faces a new problem, what I call “open-source anarchy.” The dynamics of open-source anarchy are such that States and non-State actors resist governance reforms that would restrict their freedom of action. In this context, what is emerging is not governance architecture …

Through The Quarantine Looking Glass: Drug-Resistant Tuberculosis And Public Health Governance, Law, And Ethics, David P. Fidler, Lawrence O. Gostin, Howard Markel

Articles by Maurer Faculty

No abstract provided.

Fighting Baseball Doping In Latin America: A Critical Analysis Of Major League Baseball's Drug Prevention And Treatment Program In The Dominican Republic And Venezuela, David P. Fidler, Arturo J. Marcano Guevara

Articles by Maurer Faculty

No abstract provided.

An Empirical Analysis Of Life Tenure: A Response To Professors Calabresi And Lindgren, Ryan W. Scott, David R. Stras

Articles by Maurer Faculty

Opposition to life tenure has been steadily mounting in the legal academy and Professors Steve Calabresi and Jim Lindgren are among those leading the charge. Crucial to their argument that life tenure is fundamentally flawed is an empirical claim that the increases in average tenure among Supreme Court Justices are both dramatic and unprecedented.

In this article, the authors respond to Calabresi and Lindgren by showing that their hypothesis of dramatic and unprecedented growth in average tenure has two fundamental flaws. First, it suffers from a period-selection problem. Rendering the data using longer or shorter periods blunts or eliminates the …