Digital Commons Network^™

Disclosure's Failure In The Subprime Mortgage Crisis, Steven L. Schwarcz

Utah Law Review

This article examines the "finance" part of the subprime mortgage crisis. In a separate article, I examined financial-market anomalies and obvious market protections that failed, seeking insight into the subprime mortgage crisis. The crisis, I argued, can be attributed in large part to three causes: conflicts, complacency, and complexity. This article focuses on the third cause complexity and, in particular, on complexity's undermining of the disclosure paradigm of securities law, causing investors such as commercial and investment banks to lose many billions of dollars on securities backed by subprime mortgages.

Shari 'Ah 'S "Black Box": Civil Liability And Criminal'exposure Surrounding Shari 'Ah-Compliant Finance, David Terushalmi

Utah Law Review

Shari 'ah-compliant finance exposes financial institutions and other businesses to a host of disclosure, due diligence, and compliance issues, all of which elevate the civil liability and criminal exposure such companies otherwise factor into their business risk profiles. Preliminary legal analysis indicates that little of this increased civil and criminal exposure has been recognized, analyzed, or guarded against in any meaningful way. Rather than confronting issues material to a typical post-9/11 investor, lawyers and accountants have placed SCF in a secular "black box," immune from the exacting scrutiny required of professional advisors in the modem U.S. legal regime. -But failure …

Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero, Ii

Utah Law Review

This article opened by pointing out what on its face seemed to be inconsistencies between Justice Clarence Thomas's opinions in Kelo and Parents. As the rest of the article has attempted to demo.nstrate, however, the color consciousness and color blindness of Justice Thomas in each case was the predictable consequence of the spatial con~truction of metropolitan space in the period between Berman-Brown and Kelo-Parents. This era opened diffidently. Whereas Brown and subsequent school litigation. represented the potential for a fundamental challenge to White supremacy, Berman's color-blind deference to urban and metropolitan fractionalization made it increasingly difficult to overcome the multicolor …

Who Is A "Terrorist"? Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin J. Priester

Utah Law Review

The threat of terrorist attacks by al Qaeda and other transnational terrorist organizations is a constant topic of public discourse in th United States. Despite its prominence, the nature of that threat is notoriously diffcult to define. On the one hand, terrorists might be compared to other kinds f organized, dangerous criminals who should be prosecuted and punished using e federal criminal law. On the other hand, terrorists might be compared to enemy soldiers engaged in warfare against the United States. There are problems with either approach, however, because the threat posed by al Qaeda and other transnational terrorist organizations …

A Method To Protect Computer Programs: The Integration Of Copyright, Trade Secrets, And Anticircumvention Measures, Deborah Azar

Utah Law Review

Unlike other forms of expression,' software was born digital, making protection against copying one of the main concerns of the software industry. Software is machine-readable code, written by humans, that gives instructions to a computer. Software can also be read by humans. Software is written in source code and then compiled into object code in order for it to be read by a computer. That code can be decompiled with the use of other programs which perform an operation to reverse the code. In 1994~ Pamela Samuelson, Randall Davis, Mitchell D. Kapor, and J. H. Reichman ended their Manifesto Concerning …

Involvement Of Inflammation In Tau Pathology And Mechanisms That Drive Neurodegeneration In Alzheimer's Disease, Lisette T. Arnaud

Dissertations, Theses, and Capstone Projects

Two of the hallmarks of neurodegenerative disorders, such as Alzheimer's disease (AD), are (1) the appearance of proteinaceous deposits in inclusion bodies containing aggregates of ubiquitinated proteins and (2) activated microglia and astrocytes surrounding the diseased neurons. In Alzheimer's disease, the intracellular inclusion bodies are known as neurofibrilary tangles (NFT). The mechanisms leading to inclusion body formation and their role in the progression of neurodegeneration are still largely unknown.

Many of the proteins that accumulate in inclusion bodies depend on the ubiquitin/proteasome pathway (UPP) for their degradation. This pathway is responsible for the bulk (∼80%) of intracellular protein degradation. Because …

Race, Civil Rights, And Hate Speech In The Digital Era, Jessie Daniels

Publications and Research

The emergence of the digital era has had unintended consequences for race, civil rights, and hate speech.This chapter looks at the prevalence of both overtly racist sites, such as Stormfront, and at "cloaked" sites, that purport to advocate civil rights but disguise a racist agenda.

Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray

Faculty Scholarship

No abstract provided.

Refactoring Tools: Fitness For Purpose, Emerson Murphy-Hill, Andrew P. Black

Computer Science Faculty Publications and Presentations

Refactoring tools can improve the speed and accuracy with which we create and maintain software -- but only if they are used. In practice, tools are not used as much as they could be: this seems to be because sometimes they do not align with the refactoring tactic preferred by the majority of programmers, a tactic we call floss refactoring. We propose five principles that characterize successful floss refactoring tools -- principles that can help programmers to choose the most appropriate refactoring tools and also help toolsmiths to design tools that fit the programmer's purpose.

The Evolution Of "Fred": Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein

Faculty Scholarship

No abstract provided.

¡Oye!: Língua E Negócio Entre O Brasil E A Espanha, Laura Villa, José Del Valle

Publications and Research

Neste estudo sobre a promoção internacional do espanhol, centramos a análise no acordo ¡Oye! Espanhol para professores, assinado em setembro de 2006 entre o Banco Santander espanhol e a Secretaria de Educação do Estado de São Paulo, cuja finalidade era a formação de 45.000 professores de espanhol para atuarem no ensino médio brasileiro. O acordo, que envolveu também o Instituto Cervantes espanhol, recebeu uma forte oposição por parte da comunidade educacional, que se mobilizou para sustar sua implementação. Neste trabalho, apresentamos e analisamos diferentes ações e discursos face ao acordo por parte dos agentes envolvidos no debate, ao mesmo …

A Transnational Conversation On French Colonialism, Immigration, Violence And Sovereignty, Miriam Ticktin, Ruth Marshall, Paolo Bacchetta

Publications and Research

This conversation was transcribed from a panel discussion that took place at The Scholar & Feminist Conference XXXII, “Fashioning Citizenship: Gender and Immigration,” held on March 24, 2007 at Barnard College.

Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett

Faculty Scholarship

No abstract provided.

Hiding Out: Creative Resistance Among Anonymous Workbloggers, Abigail Schoneboom

Dissertations, Theses, and Capstone Projects

Anonymous workbloggers—employees who write online diaries about their work—are often simultaneously productive workers and savage critics of the corporate cultures in which they toil. Writing under an assumed identity, these workers create satirical portraits of their supervisors and colleagues, rail against management gurus and corporate buzzwords, celebrate time-wasting capers, and daydream about quitting. Their irreverent and fictionalized accounts of work, which are shielded from the gaze of co-workers and supervisors, reveal how office workers critically negotiate a labor process that, increasingly, demands their hearts and minds.

This study, which comprises an overview of media and organizational responses to the phenomenon, …

Western Images In African Media: A Semiotic Investigation Of Three Nigerian-Made Films, Terence Ebi Ekiseh

Dissertations and Theses @ UNI

This study makes a critical analysis of the portrayal of Western images in African-made films as represented in three selected Nigerian home-made movies. In other words, the study seeks to find out how images of Western European and North American cultures are portrayed in African films. The three films selected for the study are Spirit cf Love, Market Seller, and One Dollar. The films were selected on the basis of their popularity among Nigerian film audiences. They were also selected because they are recent, and are produced by renowned Nigerian filmmakers. The study utilized qualitative method to achieve its objective. …

Review Of The Draughtsman's Contract, Michael Adams

Publications and Research

Review of Peter Greenaway's The Draughtsman's Contract: http://www.media-party.com/discland/2008/07/the-draughtsmans-contract.html

Review Of Pierrot Le Fou, Michael Adams

Publications and Research

Review of Jean-Luc Godard's Pierrot le fou: http://www.media-party.com/discland/2008/07/pierrot-le-fou.html

Disability And Difference: Adolescents' Interpretations Based On Television Viewing, Paula Anne Schmidt

Dissertations and Theses @ UNI

This study was conducted in order to decipher adolescent interpretations of disability that were portrayed on television. Employing qualitative methodology and methods, I conducted focus groups with adolescents during which they viewed television programs containing portrayals of characters with disabilities, or otherwise defining differences. The sixth grade participants freely shared their perspectives of the programs and characters in addition to their thoughts about the nature of difference in general.

Although I originally intended to interpret adolescents' reactions toward characters with disabilities, I found that it was not only characters with disabilities that they viewed in a judgmental manner. As the …

The Architecture Of Charities’ Commercial Activities - Structural Reactions: Basic Structures, Stephen Schwarz

Faculty Scholarship

No abstract provided.

A Case Study Of A Rural Iowa School Preparing To Meet New State Guidelines For School Libraries [Dissertation], Karla Steege Krueger

Dissertations and Theses @ UNI

The national school library guidelines place the greatest emphasis upon the teaching and learning component of school library programs led by professional school librarians. Despite findings linking school library programming, including instruction by professional school librarians, to increased student achievement on standardized tests and improved content learning through student inquiry using library resources, the importance of the instructional role of the school librarian remains largely unrecognized by administrators and teachers.

A qualitative case study of one rural Iowa elementary school provided insight into the issue of small schools without library programs as they are preparing to meet the Iowa reinstatement …

Guidelines For Deploying Wireless Sensor Network In Manufacturing: Star Topology Study Using The Rssi To Test The Network Performance, A. Hameed Madwar

Dissertations and Theses @ UNI

Wireless Sensor Networks (WSNs) are varying in kinds and can be used for many purposes. It can be extensively used in monitoring, reporting, and decision routines. Therefore, WSNs are very important to integrate with manufacturing since they can help not only in monitoring and decision making but also they can increase productivity and decrease the wiring costs. However, WSNs are facing some challenges in manufacturing as they need to resist the interferences that could be generated by the electrical and mechanical fields created during the manufacturing processes. Some of these interferences could be due to the high temperatures, blocks of …

Relationships Among Physical Activity Knowledge, Perceived Importance Of Physical Activity, And Physical Activity Behaviors Of College Students, Trent W. Tangen

Dissertations and Theses @ UNI

The primary purpose of this study was to investigate the knowledge of physical activity guidelines, the perceived importance of physical activity, and the actual physical activity behaviors among college students. Comparisons according to gender, class standing, academic major, and completion of a required personal wellness course were also made. In addition, a secondary purpose of this study was to investigate the relationship between knowledge of physical activity guidelines, perceived importance of physical activity, and actual physical activity behavior. A questionnaire developed by Morrow, Jackson, Bazzarre, Milne, and Blair (1999) was used to determine if participants knew the appropriate frequency, intensity, …

Mother-Daughter Communication And Media Influence On Self-Esteem And Body Image, Tori Austin

Dissertations and Theses @ UNI

Societal norms based on media venues influence the perception young females have of themselves; however, some literature indicates the mother daughter relationship can help minimize the possible negative effects. Young women are more susceptible to desire distorted media images of glamorous and thin women. As they make social comparisons with mediated images of womanhood, they may become disappointed in their own body image and possess lower self-esteem. The previous research has gaps when discussing mother daughter relationships, media's influence, and the impact on adolescent girls' self-esteem and body image. To determine predictors to young women's self-esteem and body image, 119 …

Crafting Content: Searching For The Individual In Craft Making, Megan Marie Hosch

Dissertations and Theses @ UNI

My creative thesis is a visual exhibition exploring the genre of craft in fine art and investigating the relationship of craft making to the artist. I am personally and professionally involved in craft making due to its strong presence in my identity as an artist, a woman and educator. As a child, I was a paper weaving master, dedicated to coloring inside lines, painting by numbers, and carefully following the cross-stitch patterns. However, during my undergraduate studies in art education, I steered clear from re-enacting earlier activities involving craft making. My ideas about craft making were easily conformed to the …