Digital Commons Network^™

Who's Afraid Of Geneva Law?, Aya Gruber

Publications

According to many internationalists, the terrorism detention cases Hamdi v. Rumsfeld and Hamdan v. Rumsfeld are exemplary of a movement on the part of the Supreme Court toward greater incorporation of and respect for international law. Recent death penalty cases, statements of individual justices, and the increasing transnationalism of the Court's docket have lead many to believe, as Justice Ginsburg does, that the Court's "island or lone ranger mentality is beginning to change." This Article takes the contrary position that Hamdi and Hamdan are not internationalist because of their meticulous avoidance of the issue of Geneva Convention self-execution. Briefly, the …

The Possibility Of Avoiding Discrimination: Considering Compliance And Liability, Melissa Hart

Publications

The gender discrimination class action Dukes v. Wal-Mart Stores, Inc., whose certification was recently affirmed in the Ninth Circuit, presents a large-scale challenge to the company's excessive reliance on subjective judgment in employment decision-making. It is one in a growing number of similar suits, all of which are fundamentally attacks on the continued operation of entrenched gender stereotypes in the allocation of workplace opportunities. The breadth of this aim is one of the strengths of these suits, but it also raises a significant question: because this kind of litigation targets a broad social phenomenon, is it reasonably possible to …

Liberalism And Ability Taxation, David Hasen

Publications

Recent tax scholarship has embraced the idea of individual endowment taxation, or taxation of human abilities, as an approach to ideal tax theory. Under endowment taxation, individuals are taxed according to their native abilities to command resources, rather than according to any actual index of goods or expenditures, such as income, consumption, or wealth, that otherwise might be thought relevant to the assignment of tax burdens. This Article argues that endowment taxation is incompatible with political theories that might broadly be described as "liberal," to the extent such theories support redistribution. It also argues that limited forms of endowment taxation …

The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz

Publications

In 2003, for the first time in its 170-year history, the United States Patent Office began awarding patents for novel legal innovations, in addition to traditional inventions such as the telephone or airplane. Commentators have accepted the Patent Office's power to grant legal method patents, but at the same time have criticized this new type of patent on policy grounds. But no one has suggested that the Patent Office exceeded its authority by awarding patents for legal methods, until now.

In the Patent Act of 1952, which is still in effect today, Congress established certain requirements for patentability, including a …

Indigenous Law And Its Contribution To Global Pluralism, James Anaya

Publications

No abstract provided.

The Judicial Treatment Of Noneconomic Compensatory Damages In The 19th Century, Ronald J. Allen, Alexia Brunet

Publications

Do high verdicts for tort cases containing noneconomic damages have historical precedent? We present the results of our empirical inquiry into the treatment of noneconomic compensatory damages by the courts from 1800-1900. Using 1,175 tort cases from this era, we show that, notwithstanding constant reiteration of jury discretion over damages, courts tightly controlled awards. In fact, no case prior to 1900 permitted a noneconomic compensatory damages award exceeding $450,000 in current dollars. Logistic regression results reveal that an increase in total monetary damages is positively and significantly related to the probability of reversal when noneconomic damages were claimed, and that …

Catalog Denison University 2007-2008

Denison University Catalogs

Denison University Course Catalog 2007-2008

Generating Ontologies Via Language Components And Ontology Reuse, Deryle W. Lonsdale, Yihong Ding, David W. Embley, Martin Hepp, Li Xu

Faculty Publications

Realizing the Semantic Web involves creating ontologies, a tedious and costly challenge. Reuse can reduce the cost of ontology engineering. Semantic Web ontologies can provide useful input for ontology reuse. However, the automated reuse of such ontologies remains underexplored. This paper presents a generic architecture for automated ontology reuse. With our implementation of this architecture, we show the practicality of automating ontology generation through ontology reuse. We experimented with a large generic ontology as a basis for automatically generating domain ontologies that fit the scope of sample natural-language web pages. The results were encouraging, resulting in five lessons pertinent to …

Attributes Of Meaningful Learning Experiences In An Outdoor Education Program, Stacy T. Taniguchi, Patti A. Freeman, A. Legrand Richards

Faculty Publications

This phenomenological study sought to identify the attributes of meaningful learning experiences as found in an outdoor education program. Thirteen students in the Wilderness Writing Program at Brigham Young University were the sample of this study. Their participation in outdoor recreational activities and their reflections about their experiences were analyzed. Through written journal entries, group discussions, observations, and writing assignments, a qualitative analysis identified attributes that occurred in their meaningful learning experiences. Meaningful learning was defined as a realization of a person's weaknesses, strengths, and potentials. This realization came through experiences with attributes of a degree of perceived risk, which …

Do Secondary Shares In The Ipo Process Have A Negative Effect On Aftermarket Performance?, James C. Brau, Mingsheng Li, Jing Shi

Faculty Publications

We revisit and extend the topic of secondary share sales and revisions in IPOs. First we test to determine if secondary share sales constitute a negative signal that is captured in aftermarket performance. We find secondary share sales in general are not correlated with poorer initial or long-run performance, but selling by officers and directors is associated with poorer long-run returns. Second, we examine if secondary share revisions (1) reflect selling shareholders’ attempts to conceal private information or (2) are contingent upon whether a firm can reach its goal of raising sufficient capital. We find empirical support for a capital …

Structural Attributes Of The Hypogeous Holoparasite Hydnora Triceps Drège & Meyer (Hydnoraceae), Kushan U. Tennakoon, Jay F. Bolin, Lytton J. Musselman, Erika Maas

Biological Sciences Faculty Publications

The morphology of the hypogeous root holoparasite Hydnora triceps is highly reduced, and as with many holoparasites, the vegetative body is difficult to interpret. The vegetative body of H. triceps has been historically considered a "pilot root" studded with lateral appendages known as "haustorial roots." We found the vegetative body of H. triceps to consist of a rhizome with a thickened root-cap-like structure that covered a vegetative shoot apical meristem. From the apical meristem, procambial strands originated and developed into endarch collateral vascular bundles arranged radially around a pith without an interfascicular cambium. Xylem vessels had scalariform pitting and simple …

Old Testament Survey, Steelman Library, Gerry White

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, Gerry White

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, Gerry White Dr.

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, G. A. White Dr.

Syllabus Repository

No abstract provided.

The Professional Expertise Of Community-Practicing Occupational Therapists, Ruth Ramsey

Doctoral Dissertations

unavailable

African Heritage In Cuban Literature For Children And Young Adults : A Participatory Study With Nersys Felipe And Teresa Cã¡Rdenas, Dulce Maria Perez Castillo

Doctoral Dissertations

unavailable

Habitat Correlates Of Reproductive Effort In Wood Frogs And Spotted Salamanders In An Urbanizing Watershed, Dennis E. Skidds, Francis C. Golet, Peter W. C. Paton, Jonathan C. Mitchell

Natural Resources Science Faculty Publications

Wildlife biologists and managers are concerned about the effects of forest fragmentation and habitat loss on pond-breeding amphibian populations. Most research has assessed the effects of habitat composition at multiple spatial scales on the presence or absence of amphibians at breeding ponds. We were interested in the effects of habitat characteristics on amphibian population size and used Wood Frog (Rana sylvatica) and Spotted Salamander (Ambystoma maculatum) egg mass counts as an index. Between 2001 and 2005, we monitored 65 seasonal ponds within forested landscapes in the Pawcatuck River watershed of Rhode Island. Both species were detected …

A Perspective On Federal Corporation Law, Mark J. Loewenstein

Publications

No abstract provided.

An External Perspective On The Nature Of Noneconomic Compensatory Damages And Their Regulation, Ronald J. Allen, Alexia Brunet, Susan Spies Roth

Publications

No abstract provided.

Students And Workers And Prisoners - Oh, My! A Cautionary Note About Excessive Institutional Tailoring Of First Amendment Doctrine, Scott A. Moss

Publications

First Amendment free speech doctrine has been called "institutionally oblivious" for ignoring how different institutions present different legal questions. This Article analyzes a little-discussed phenomenon in the growing literature about institutional context in constitutional law. With certain institutions, the situation is not institutional obliviousness but the opposite: extreme institutional tailoring of speech doctrine. The burden of proof ordinarily is on the government to justify speech restrictions, but in three institutions--public schools, workplaces, and prisons--courts allow heavy speech restrictions and defer to government officials. Even if these institutions need to restrict speech unusually often, why do we need different doctrine--institutionally tailored …

The Anxiety Of The Law Student At The Socratic Impasse - An Essay On Reductionism In Legal Education, Pierre Schlag

Publications

No abstract provided.

From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace

Publications

Wetlands regulation in the United States has a tumultuous history. The early European settlers viewed wetlands as obstacles to development, and they drained and filled wetlands and swamps at an astounding rate, often with government support, straight through the middle of the twentieth century. As evidence of the ecological significance of wetlands emerged over the last several decades, programs to protect and restore wetlands became prominent. Most notable among these is the permitting program under § 404 of the Clean Water Act. That provision prohibits dredging or filling of "navigable waters," defined by law to mean "waters of the United …

The Revision Of The Colorado Trademark Registration Statute, Arthur H. Travers

Publications

No abstract provided.

Toward A Sui Generis View Of Black Rights In Canada? Overcoming The Difference-Denial Model Of Countering Anti-Black Racism, Lolita Buckner Inniss

Publications

No abstract provided.

Research On Selection In An International Context: Current Status And Future Directions, Filip Lievens

Research Collection Lee Kong Chian School Of Business

Due to the globalization of the economy, organizations continue to move beyond national borders. This is reflected in international collaborations, joint ventures, strategic alliances, mergers, and acquisitions. As a consequence, it is necessary for organizations to view the labor market in an international scope. In addition, there is a need for HR systems that can be used across multiple countries while at the same time recognizing local particularities (Schuler, Dowling, & DeCieri, 1993). One of these HR challenges is selecting people in an international labor market.

Leadership In Knowledge Sharing: Creating Value Through Collaboration, Thomas Menkhoff, Yue Wah Chay, Hans-Dieter Evers, Benjamin Loh

Research Collection Lee Kong Chian School Of Business

This study aims to understand the antecedents of knowledge sharing behavior amongst tenant firms in Science and Technology Parks (STPs) which has been highlighted as a key factor for the development of an epistemic culture of innovation in STPs. Components of a model of knowledge management leadership with a focus on knowledge sharing and innovative value creation in STPs are developed inspired by the work of Nonaka, Nahapiet and Ghoshal, Guns and others. Collection of data on various relevant measures is ongoing, covering technology firms and STPs in Singapore and other Asian countries. Besides outlining model components and hypotheses, tentative …

A Constitutional Conundrum Of Second Amendment Commas: A Short Epistolary Report, William W. Van Alstyne

Faculty Scholarship

Prompted by the court’s decision in Parker v. District of Columbia, this series of correspondence discusses the effect possible forms of punctuation may have on the Second Amendment. The article makes comments on the important grammars during the founding and also two possible writings of the Second Amendment that contain different sets of punctuation.

A Surviving Legacy: Nonviolent Resistance In The Congresssional Black Caucus 2001-2007, Rhone Sebastian Fraser

USF Tampa Graduate Theses and Dissertations

Select members of the Congressional Black Caucus through their votes, speeches, arrests and nonviolent forms of protest practice a renewed kind of nonviolent resistance against a neoconservative political agenda advanced by the executive branch of the U.S. government in the past six years. Their practices are nonviolent according to the definition of nonviolence discussed by Martin Luther King, Jr. in his 1962 New York Times Magazine article: "we will take direct action against injustice without waiting for other agencies to act...We will try to persuade with our words---but if our words fail we will try to persuade with our acts." …

Changing The Subject: First-Person Narration In And Out Of The Classroom, Susan Friedman

USF Tampa Graduate Theses and Dissertations

The effectiveness of first-person narration for self-transformation and social change is indicated by exploring connections between three emergent discourses: illness narratives and memoirs by rape survivors in which the subject speaks from a privileged yet socially marginalized position about life-altering experiences; clinical discourse that elaborates treatment methods for empowering trauma survivors and helping them reconnect with the social world; and scholarly discourse that reflects on the relationship between trauma, self-representation, witnessing, and recovery. Post-Foucauldian theories of life-writing illuminate how the author-subjects of survivor narratives discursively reconstruct their shattered subjectivity in a therapeutic relationship with themselves and their readers. Cognitive and …