Digital Commons Network^™

When Adding Women Matters: Women's Participation In The International Criminal Tribunal For The Former Yugoslavia, Julie Mertus

Seton Hall Law Review

No abstract provided.

Religious Accommodations In Education: A Comparison Of Non-Establishment In The United States And Established Religion In England And Wales, Jaclyn Kass

Seton Hall Law Review

No abstract provided.

Monte Carlo Modeling Of Spatial Coherence: Free-Space Diffraction, Donald D. Duncan, David G. Fischer, Scott A. Prahl

Electrical and Computer Engineering Faculty Publications and Presentations

We present a Monte Carlo method for propagating partially coherent fields through complex deterministic optical systems. A Gaussian copula is used to synthesize a random source with an arbitrary spatial coherence function. Physical optics and Monte Carlo predictions of the first- and second-order statistics of the field are shown for coherent and partially coherent sources for free-space propagation, imaging using a binary Fresnel zone plate, and propagation through a limiting aperture. Excellent agreement between the physical optics and Monte Carlo predictions is demonstrated in all cases. Convergence criteria are presented for judging the quality of the Monte Carlo predictions.

Special Education, L. L. Mason, Nancy K. Glomb, J. Sebastian

Special Education and Rehabilitation Counseling Faculty Publications

No abstract provided.

Law, Higher Law, And Human Making Theology And The Higher Law, William S. Brewbaker Iii

Articles

No abstract provided.

Low Frequency Fatigue In Human Quadriceps Is Fatigue Dependent And Not Task Dependent, Masaki Iguchi, Kris Baldwin, Charles Boeyink, Carol Engle, Michael Kehoe, Anish Ganju, Andrew J. Meszaros, Richard Shields

Faculty Publications - College of Physical Therapy

It is well accepted that a low intensity/long duration isometric contraction induces more low frequency fatigue (LFF) compared to a high-intensity/short-duration contraction. However, previous reports examined the intensity/duration of the contraction but did not control the level of fatigue when concluding fatigue is task dependent. The purpose of this study was to determine whether a long duration/low intensity fatiguing contraction would induce greater LFF than a short duration/high-intensity contraction when the quadriceps muscle was fatigued to similar levels. Eighteen healthy male subjects performed quadriceps contractions sustained at 35% and 65% of maximal voluntary contraction (MVC) on separate days, until the …

Melting Hearts Of Stone: Clarence Darrow And The Sweet Trials, Douglas O. Linder

Faculty Works

Detroit seemed to Dr. Ossian Sweet a good place to launch a medical practice in 1921. Ossian Sweet understood racial violence all too well. Growing up in Orlando, Ossian had witnessed a large crowd of whites running a black boy down a dusty road. Seeing racial hatred in its ugliest forms instilled in Sweet a deep race consciousness and determination not to let bigotry prevent him from achieving his own personal goals. He decided to move into his new home at 2905 Garland, whatever the risks to him and his family. Clarence Darrow associated with many causes over his long …

Taking Stock Of Sustainable Development At 20: A Principleat Odds With Itself?: Introduction, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Owning The Center Of The Earth, John G. Sprankling

McGeorge School of Law Scholarly Articles

No abstract provided.

Humanizing Legal Education: An Introduction To A Symposium Whose Time Came, Michael Hunter Schwartz

McGeorge School of Law Scholarly Articles

No abstract provided.

A Review Of The Evaluation Of Healthway Sponsorships, Michael Rosenberg, Christina Mills, Joanna Granich, Renee Ferguson, Sarah French, Lisa Wood

Research outputs pre 2011

This study reviewed the methods used by Healthway to assess sponsorship implementation/value and to explore complimentary or alternative evaluation measures...

Interview questions related to sponsorship activities, procedures, requirements and evaluation. Suggestions for practical and alternative ways of assessing sponsorship implementation and conducting evaluations were also asked. In addition, the perceived value of sponsorship investments to Healthway and satisfaction with the existing evaluation framework were also sought...

Participation In Sports, Arts And Racing And Its Relationship To Message Literacy And Health Behaviours, Christina Mills, Michael Rosenberg, Sarah French, Jenna Mitchell, Lisa Wood

Research outputs pre 2011

The purpose of this study was to assess health message awareness and health behaviours by participation/non participation in sport, arts and racing (SAR) in Western Australia. In this study a 'participant' was defined as someone who was (1) a member of a SAR organisation, group or club; and/or (2) having attended a SAR event as a spectator or audience member in the last 12 months. A 'non participant' was someone who did not participate in any SAR events as a member and/or spectator and/or audience member in the last 12 months.

Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman

Other Publications

This memorandum argues that the sale of loans and loan pools to new owners would help to stabilize housing prices, and that such a modification to the REMIC rules would be desirable and well within Congress’ constitutional authority. Furthermore, it would not lead to successful legal claims by investors in securitized loan pools under the Just Compensation or Due Process clauses, which provide the primary constitutional protections for property interests.

Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran

Other Publications

This protocol is intended to guide attorneys through the strategic decisions they will need to make while representing parents in child protective cases. The protocol does not provide a comprehensive action-step checklist. Parents’ attorneys can find that kind of guidance in other resources, including the “How-To-Kit: Representing Parents in Child Protective Proceedings” by the Institute of Continuing Legal Education; “Guidelines for Achieving Permanency in Child Protection Proceedings” by Children’s Charter of the Courts of Michigan; and the American Bar Association’s “Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases.”1 For its part, this protocol delves more substantively …

Human Identity: The Question Presented By Human-Animal Hybridization, Jospeh Vining

Other Publications

What makes each of us, as individuals, human to one another, or, more generally, what makes an individual creature human? We have not often had to ask the question because of the species line based on reproductive capacity and incapacity, although "degrees of humanness" were explored in the various eugenic programs of the last century. Now the biotechnological possibility of fusing human and other forms of life is presenting the question in a new and serious way. If the traditional biological means of defining species are no longer reliable, what other criteria might determine what is "human" and what is …

Limiting Federal Agency Preemption: Recommendations For A New Federalism Executive Order, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz, James Goodwin

Other Publications

The structure of the U.S. Constitution reflects a profound respect for the principles of federalism and state sovereignty. These principles require the federal government to recognize and encourage opportunities for state and local governments to exercise their authority, especially in areas of traditional state concern such as the protection of the health, safety, and welfare of their citizens. However, over the last six years there has been a coordinated Executive Branch effortto use the regulatory process to shield certain product manufacturers from state tort liability. The Food and Drug Administration, National Highway Traffic Safety Administration, and Consumer Product Safety Commission, …

The Relationship Between Corportate Social Responsibility And Shareholder Value: An Empirical Test Of The Risk Management Hypothesis, Paul C. Godfrey, Craig B. Merrill, Jared M. Hansen

Faculty Publications

Do shareholders gain when managers disperse corporate resources through activities classified as corporate social responsibility (CSR)? Strategy scholars have recently developed a theoretical model that links such activities to shareholder value when a firm suffers a negative event; we test key portions of this theory of the ‘insurance-like’ property of CSR activity. We posit that such activity leads to positive attributions from stakeholders, who then temper their negative judgments and sanctions toward firms because of this goodwill. We extend the risk management model by theorizing that some types of CSR activities will be more likely to create goodwill and offer …

(Debate) Medicare: Did The Devil Make Us Do It?, D. A. Hyman, Jill R. Horwitz

Articles

In this lively and creative debate, Professors David Hyman and Jill Horwitz argue about the virtues and vices of the federal Medicare program. As some predict a bleak future for the American’s government’s ability (or inability) to continue paying for Medicare as the population ages, this debate shows that there is genuine disagreement about the severity of the problem. In his Opening Statement, Professor Hyman offers a satirical letter to the Devil from one of his demonic servants, describes the Medicare program through the lens of the seven deadly sins. Arguing that Medicare’s faults are represented in each sin, the …

Noncompliance, Nonenforcement, Nonproblem? Rethinking The Anticommons In Biomedical Research, Rebecca S. Eisenberg

Articles

A decade ago the biomedical research community was sounding alarm bells about the impact of intellectual property (IP) rights on the ability of scientists to do their work. Controversies and delays in negotiating terms of access to patented mice and genes, databases of scientific information, and tangible research materials all pointed toward the same conclusion: that IP claims were undermining traditional sharing norms to the detriment of science. Michael Heller and I highlighted one dimension of this concern: that too many IP rights in "upstream" research results could paradoxically restrict "downstream" research and product development by making it too costly …

Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay

Articles

Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, most of our prisons and jails are run by committed professionals who care about prisoner welfare and constitutional compliance. At the same time, for prisons—closed institutions holding an ever-growing disempowered population—most of the methods by which we, as a polity, foster government accountability and equality among citizens are unavailable or at least not currently practiced. In the absence of other levers by which …

Ethical Plea Bargaining Under The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson

St. Mary's Law Journal

Plea bargaining is such an essential component of the administration of justice that disposition of charges after plea discussions is not only an essential part of the process but a highly desirable part for many reasons. Even though 95% of felony criminal cases nationwide are resolved through plea bargaining, there are no specific ethical rules governing the practice. The exhortation in article 2.01 of the Texas Code of Criminal Procedure states it is the primary duty of all prosecuting attorneys to see that justice is done, rather than merely convicting. In order to determine the ethical boundaries of plea bargaining, …

A Pragmatic Look At Mediation And Collaborative Law As Alternatives To Family Law Litigation Comment., Elizabeth F. Beyer

St. Mary's Law Journal

Since close to half the country’s marriages end in divorce, marriage dissolution is quite a lucrative business for attorneys. Also, fewer people are entering marriage in the first place. Fewer marriages combined with more children born out of wedlock create multitudinous legal problems and family disputes centering around those children. In addition to initial divorce filings and suits affecting the parent-child relationship, dissolution of marriage cases often creates additional litigation down the road. As a solution to the problems caused by the expense and toil of this litigation, alternative dispute resolution (ADR) offers several options for family disputants. Two popular …

An Evaluation Of The Teen Challenge Program's Impact On Spiritual Change In Adolescents, Brian Dennis Pikalow

ATS Dissertations

No abstract provided.

Meritocracy: A Socio-Educational Policy Conundrum Transversing Selected Works Of James Bryant Conant, Benjamin Enoma

Dissertations, Theses, and Capstone Projects

In the United States, adjacent strands of the meritocratic discourse intercept by accident of history. It occurs either in the Jeffersonian tradition of culling from all sectors of the populace a natural aristocracy of talents as proposed by James Conant through the development of Scholastic Aptitude Tests, or by expanding the structure of opportunity to all individuals and leveling uneven terrains through social policies like desegregation of schools and affirmative action. In other words, it is a case of policies based on the 'laissez-faire' doctrine versus those based on governmental intervention. "This interception to some degree has fused the strands …

Public Leadership In The Political Arena, Lori Cox Han

Political Science Faculty Books and Book Chapters

"In this chapter, I address the concept of leadership and the Important role that it now in the process at all levels and in various branches of I offer a definition of leadership and the various political that encompass this of governing. The vast scholarly literature that has developed in recent decades on the topic of presidential communications offers an excellent assessment of the contemporary importance of public leadership. I a brief overview of public strategies and how they have evolved over time (particularly in concurrence with technological advances in mass as well as relevant examples' that help us to …

Egypt's Supreme Constitutional Court: Managing Constitutional Conflict In An Authoritarian, Aspirationally Islamic State, Clark B. Lombardi

Articles

No abstract provided.

“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson

Articles

News coverage of three nooses hanging from the "whites only tree" at Jena High School, in Jena, Louisiana, created public outcry. Criticism rose as the public learned that District Attorney Reed Walters exercised his prosecutorial discretion to decline to press charges against the white students that admitted hanging the nooses, yet over zealously charged black students with attempted murder for conduct normally considered a battery or a school-yard-fight. The apparent lack of equity in the exercise of prosecutorial discretion became the focus of heated debate. Although the Jena High School incidents occurred in 2006, the Jena story is unpleasantly reminiscent …

The Other Famous Marks Doctrine, Xuan-Thao Nguyen

Articles

Debates on protection for famous trademarks often center around state and federal antidilution laws. Both the old Federal Trademark Dilution Act of 1995 and the new Trademark Dilution Revision Act of 2006 have generated many law review articles and numerous symposia. The dilution law focuses on trademarks deemed famous within U.S. boundaries. A debate on protection for famous trademarks today is incomplete without a discussion of the other famous marks doctrine. The other famous marks doctrine recognizes marks famous in other countries without actual use in the country where a user adopts the trademark on similar goods and services.

In …

Time Well Spent: An Economic Analysis Of Daylight Saving Time Legislation, Steve P. Calandrillo, Dustin E. Buehler

Articles

Several nations implemented daylight saving time legislation in the last century, including the United States. The United States briefly experimented with year-round daylight saving time twice—during World War II and the energy crises in the 1970s. Agency studies and congressional hearings from the 1970s show several benefits of year-round daylight saving time, along with potential disadvantages. These studies are dated, and much has changed in the last thirty years. While congressional efforts to extend daylight saving time in 2007 have again focused on the energy savings this legislation would produce, far more meaningful benefits have been largely ignored.

This Article …

A "New Approach" To Standards And Consumer Protection, Jane Winn, Nicolas Jondet

Articles

As consumer use of information and communication technology (ICT) products grows, the importance of ICT standards in consumer markets also grows. While standards for manufactured products were once developed at the national level in formal standards bodies, standards for ICT products today are more likely to be developed by informal standards bodies that target global markets, creating new challenges for national consumer protection laws.

As part of the process of creating a single market, the EU developed an innovative and successful form of “coregulation” known as the “New Approach” that coordinated the work of legislators and standards developers to reduce …