Digital Commons Network^™

Science, Intersubjective Validity, And Judicial Legitimacy, Richard B. Katskee

Faculty Scholarship

No abstract provided.

Ethical Issues Associated With Preserving, Accessing, Discovering, And Using Electronically Stored Information, Paul W. Grimm

Faculty Scholarship

No abstract provided.

Does Being A Repeat Player Make A Difference? The Impact Of Attorney Experience And Case-Picking On The Outcome Of Medical Malpractice Lawsuits, Catherine T. Harris, Ralph Peeples, Thomas B. Metzloff

Faculty Scholarship

We begin with Galanter's suggestion that attorneys who are "repeat players" in a specific area of litigation have an advantage over those who are not. Using a combination of data sources we analyze the impact of attorney experience and case characteristics on case outcome of 348 North Carolina medical malpractice lawsuits. We add the insurers' evaluation of liability to the analysis in a limited number of cases (n=72). While plaintiffs' attorney's medical malpractice case experience had an impact, we argue that this must be understood in the context of the plaintiffs' attorney's ability to pick cases in which the insurers' …

Nothing But The Truth? Experiments On Adversarial Competition, Expert Testimony, And Decision Making, Cheryl Boudreau, Mathew D. Mccubbins

Faculty Scholarship

Many scholars debate whether a competition between experts in legal, political, or economic contexts elicits truthful information and, in turn, enables people to make informed decisions. Thus, we analyze experimentally the conditions under which competition between experts induces the experts to make truthful statements and enables jurors listening to these statements to improve their decisions. Our results demonstrate that, contrary to game theoretic predictions and contrary to critics of our adversarial legal system, competition induces enough truth telling to allow jurors to improve their decisions. Then, when we impose additional institutions (such as penalties for lying or the threat of …

For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule

Faculty Scholarship

Can voters stop state governments from spending at high rates through the enactment of tax and expenditure limits (TELs), or do these laws become dead letters? We draw upon the principal-agent literature to theorize that TELs – one of the most frequent uses of the initiative process across the country – may be circumvented by the sorts of elected officials who would inspire their passage.

In order to investigate our claim, we conduct an event study. First, we test for the effectiveness of TELs across states using a differences-in-differences model. Second, we dissect our treatment variable using different legal provisions …

On-Line Distributed Traffic Grooming, R. Jordan Crouser, Brian Rice, Adrian Sampson, Ran Libeskind-Hadas

Computer Science: Faculty Publications

This paper addresses the problem of on-line traffic grooming in WDM paths. Each request consists of a source node, a destination node, and the desired bandwidth for the connection. Connections may be multi-hop, permitting the use of multiple lightpaths. We describe a new distributed on-line algorithm for this problem that is provably wide-sense non-blocking under cer- tain assumptions. Moreover, we use simulations to demonstrate that the algorithm is extremely effective even when some of these assumptions are relaxed.

Edge-Unfolding Nested Polyhedral Bands, Greg Aloupis, Erik D. Demaine, Stefan Langerman, Pat Morin, Joseph O'Rourke, Ileana Streinu, Godfried Toussaint

Computer Science: Faculty Publications

A band is the intersection of the surface of a convex polyhedron with the space between two parallel planes, as long as this space does not contain any vertices of the polyhedron. The intersection of the planes and the polyhedron produces two convex polygons. If one of these polygons contains the other in the projection orthogonal to the parallel planes, then the band is nested. We prove that all nested bands can be unfolded, by cutting along exactly one edge and folding continuously to place all faces of the band into a plane, without intersection. © 2007 Elsevier B.V.

Book Review, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.

Maximum Carbon Intensity Limitations And The Agreement On Technical Barriers To Trade, Charles O. Verrill Jr.

Faculty Scholarship

Emission of greenhouse gases is a global problem. Any nation seeking to restrict such emissions by its manufacturers should avoid putting them at a disadvantage in world and domestic markets where they are likely to compete with producers that do not bear the cost of emission controls. One approach being considered in the United States would be adoption of technical regulations limiting the carbon intensity of basic products, such as cement, aluminum, steel, etc., offered for sale in the US market (carbon intensity would be defined as the C02 equivalent emissions per ton of product). Domestic and imported products that …

Introducing A ‘Different Lives’ Approach To The Valuation Of Health And Well-Being, Matthew D. Adler, Paul Dolan

Faculty Scholarship

We introduce a new "different lives" survey format, which asks respondents to rank hypothetical lives described in terms of longevity, health, happiness, income, and other elements of the quality of life. In this short paper, we show that the format is of policy relevance whether a mental state, preference satisfaction or extra-welfarist account of well-being is adopted and discuss some of the advantages the format has over standard formats, such as contingent valuation surveys and QALY-type methods. An exploratory survey indicates that the format is feasible and that health and happiness might be more important than income and life expectancy.

Irrevocable Proxies, Deborah A. Demott

Faculty Scholarship

This short article explores the circumstances under which the power to vote shares owned by another may be made irrevocable. Irrevocable proxies often serve as integral ingredients within corporate governance arrangements because they serve as mechanisms that enable alliances among shareowners or enhance the holder’s voting power in disproportion to the holder’s residual economic interest in the corporation. The rights and duties of holders of irrevocable proxies are best understood against a background of common-law agency relationships, in which agent and principal always have the power–albeit having contracted otherwise–to terminate their relationship and the agent’s actual authority. Courts in the …

Corn Futures: Consumer Politics, Health, And Climate Change, Jedediah Purdy, James Salzman

Faculty Scholarship

The Mexicans have long been known as the Corn People, but that label perhaps provides a better fit for modern day Americans. The simple seeds of corn play a fundamental role unprecedented in the history of human agriculture. Corn now underpins two major sectors, arguably the two most important sectors, of our modern economy - food supply and energy supply. How we choose to consume this seed has far-ranging consequences for pressing issues as far apart as climate change and diabetes, energy policy and immigration, tropical deforestation and food riots.

Self-Execution And Treaty Duality, Curtis A. Bradley

Faculty Scholarship

The Supremacy Clause of the U.S. Constitution states that, along with the Constitution and laws of the United States, treaties made by the United States are part of the "supreme Law of the Land." At least since the Supreme Court's 1829 decision in Foster v. Neilson, however, it has been understood that treaty provisions are enforceable in U.S. courts only if they are "self-executing." The legitimacy and implications of this self-execution requirement have generated substantial controversy and uncertainty among both courts and commentators. This Article attempts to clear up some of the conceptual confusion relating to the self-execution doctrine and, …

Developmental Dysplasia Of Hip--Where Do We Stand?, Masood Umer, Haq Nawaz

Department of Surgery Docs

No abstract provided.

After Innocence: Framing Wrongful Convictions, Susan A. Bandes

Public Law and Legal Theory Working Papers

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

A Study Of The Level Of Interest Among Adolescents In Physical Education, Brooke N. Davitt

Dissertations and Theses @ UNI

There has been an incredible amount attention given to the issue of childhood obesity in America today because the prevalence and incidence rates have grown at alarming rates. When addressing this problem, there are multiple things to consider, (a) diet, (b) exercise, (c) support systems, (d) healthy behavior modification, and ( e) interest toward physical activity. This last item mentioned is of significance for the current study. In this study, adolescent children, ages 11 to 18, were asked to evaluate their interest in physical activity, specifically badminton, volleyball, and HALS Pals, during their physical education class. These children were also …

How The Merits Matter: Directors' And Officers' Insurance And Securities Settlements, Tom Baker, Sean J. Griffith

Faculty Scholarship

This Article seeks what may be the holy grail of securities law scholarship—the role of the "merits" in securities class actions--by investigating the relationship between settlements and directors' and officers' (D&O) liability insurance. Drawing upon in-depth interviews with plaintiffs' and defense lawyers, D&O insurance claims managers, monitoring counsel, brokers, mediators, and testifying experts, we elucidate the key factors influencing settlement and examine the relationship between these factors and notions of merit in civil litigation. We find that, although securities settlements are influenced by some factors that are arguably merit related, such as the "sex appeal" of a claim's liability elements, …

The Case For Symmetry In Creditors' Rights, Richard Squire

Faculty Scholarship

Using an original framework for evaluating bankruptcy rules, this article casts doubt on the efficiency of legal arrangements that give some creditors an absolute advantage over others in the division of a debtor's assets. Such arrangements, which I classify as asymmetrical, are widely used in the modem economy, and include the secured loan, American general partnership, and guaranty contract. In contrast, symmetrical arrangements, which include the corporation and common law partnership, confer no absolute advantage, because they give each creditor group a prior claim to a distinct debtor asset pool. I demonstrate that symmetrical arrangements produce lower debt appraisal costs, …

Something Old, Something New: Civic Virtue And The Case For Same-Sex Marriage, Tiffany C. Graham

Scholarly Works

In 1993, the Supreme Court of Hawaii issued a decision that forced the question of same-sex marriage from the hinterland of academic speculation to the front pages of newspapers all over the country. The nation was stunned when the court in Baehr v. Lewin held that same-sex marriage might be compelled by the state constitution of Hawaii. Since the Baehr decision, same-sex marriage has received a significant amount of attention. Many states have passed “baby DOMAs,” all of which limit marriage to the union of a man and a woman. In addition, several states have passed constitutional amendments that accomplish …

Prosecution Of Process Crimes: Thoughts And Trends, Allison Caffarone, Karen Patton Seymour, Stephen R. Peikin

Scholarly Works

The United States Department of Justice has come under attack in recent years because of its increased attention to, and prosecution of, crimes committed during the course of its investigations — obstruction of justice, perjury, and making false statements. These crimes have been labeled “cover-up” or “process crimes,” and the charging prosecutors have been criticized as bringing such charges only against high-profile defendants as to whom there is insufficient evidence to charge the “more serious” underlying offenses that prompted the initial investigation. Some critics have gone so far as to label these prosecutions “vindictive.” Much of this criticism is misplaced. …

Law Of The Land – Year In Review, Patricia E. Salkin

Scholarly Works

This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …

In The Trenches: Searches And The Misunderstood Common-Law History Of Suspicion And Probable Cause, Fabio Arcila

Scholarly Works

A detailed analysis of the common law during the Framers’ era, and of how it reflected the Fourth Amendment’s restrictions, shows that many judges believed they could issue search warrants without independently assessing the adequacy of probable cause, and that this view persisted even after the Fourth Amendment became effective. This conclusion challenges the leading originalist account of the Fourth Amendment, which Professor Thomas Davies published in the Michigan Law Review in 1999.

Learned treatises in particular, and to a lesser extent a few case decisions, had articulated a judicial duty to monitor probable cause. But it is a mistake …

A Response To Professor Steinberg’S Fourth Amendment Chutzpah, Fabio Arcila

Scholarly Works

Professor David Steinberg believes that the Fourth Amendment was intended only to provide some protection against physical searches of homes through imposition of a specific warrant requirement because the Framers' only object in promulgating the Fourth Amendment was to ban physical searches of homes under general warrants or no warrants at all. This response essay takes issue with his thesis by (1) discussing its implications, (2) reviewing some concerns with his methodology in reviewing the historical record, and (3) examining the theoretical implication underlying his thesis that, except as to homes, we have a majoritarian Fourth Amendment, and questioning whether …

Fetal Positions: Unraveling The Influence Of Religion On Premarital Pregnancy Resolution, Amy Adamczyk, Jacob Felson

Publications and Research

This study illustrates the ways religiosity and denominational affiliation influence the probability that a young woman will have an abortion.

Religion And Initiation Into Marijuana Use: The Deterring Role Of Religious Friends, Amy Adamczyk, Ian Palmer

Publications and Research

Over the last two decades researchers have begun to look at how personal religious beliefs and behaviors influence substance use, finding that more religious teens are less likely to drink, smoke, and use illegal drugs. This study builds on this previous research, combining it with work on religious contextual effects to develop a theoretical model that explains why friends’ religion would influence teens’ marijuana use, even if teens are not personally religious. Using two waves of data from the National Longitudinal Study of Adolescent Health, this study examines whether individual and friends’ religiosity (e.g., religious participation and importance) or born-again …

The Effects Of Religious Contextual Norms, Structural Constraints, And Personal Religiosity For Abortion Decisions, Amy Adamczyk

Publications and Research

Researchers have established that individual religiosity influences abortion attitudes, and that abortion attitudes, in turn, shape abortion restrictions and access. Less clear is whether religion and abortion structural constraints influence abortion decisions. This study examines the several individual, contextual, and structural factors that could shape the abortion decisions of women who conceive before marriage. Special attention is given to the importance of academic aspirations and structural constraints, in contrast to religious beliefs and county religious context, for making an abortion decision. Hierarchical modeling techniques and two waves of data from the National Longitudinal Study of Adolescent Health (Add Health) are …

Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Scholarly Works

No abstract provided.

Indicators Of Self-Rated Driving Ability Among A Community-Based Sample Of Older Adults, Michelle Lynn Ackerman

All ETDs from UAB

No abstract provided.

The Impact Of Feedback On Self-Rated Driving Ability Among Older Adults, Michelle Lynn Ackerman

All ETDs from UAB

No abstract provided.

Total Body Water Estimations In Healthy Men And Women Using Bioimpedance Spectroscopy: A Deuterium Oxide Comparison, Jordan R. Moon, Sarah E. Tobkin, Michael D. Roberts, Vincent J. Dalbo, Chad M. Kerksick, Michael G. Bemben, Joel T. Cramer, Jeffrey R. Stout

Department of Nutrition and Health Sciences: Faculty Publications

Background: Total body water (TBW) estimations have been used to estimate body composition, particularly fat-free mass, to aid in nutritional interventions, and to monitor hydration status. In the past, bioimpedance spectroscopy (BIS) devices have been used to estimate TBW. Previous investigations have examined the validity of the XiTRON 4000B (XiTRON Technologies) BIS device for estimating TBW. Recently, a new BIS device (Imp™ SFB7) has become available, claiming greater precision when estimating TBW. The Imp™ SFB7 (SFB7) is based on similar BIS principles, while offering increased portability and a greater range of frequencies when compared to older devices, such as the …