Digital Commons Network^™

Accountability And Competition In Securities Class Actions: Why "Exit" Works Better Than "Voice", John C. Coffee Jr.

Faculty Scholarship

A sizable literature on class actions has long suggested that the plaintiff’s attorney is an independent entrepreneur over whom the class members have only limited control. But the analysis cannot stop here. Why does this state of affairs exist? This essay will give two connected answers to this question as a prelude to evaluating what reforms are likely to work:

(1) The rules of "litigation governance" differ diametrically from those of corporate governance. An entrepreneur seeking capital for a business venture must convince investors to "opt in" and buy the securities of the entrepreneur's start-up corporation. In contrast, a plaintiffs …

Integrating Accommodation, Elizabeth F. Emens

Faculty Scholarship

Courts and agencies interpreting the Americans with Disabilities Act (ADA) generally assume that workplace accommodations benefit individual employees with disabilities and impose costs on employers and, at times, coworkers. This belief reflects a failure to recognize a key feature of ADA accommodations: their benefits to third parties. Numerous accommodations – from ramps to ergonomic furniture to telecommuting initiatives – can create benefits for coworkers, both disabled and nondisabled, as well as for the growing group of employees with impairments that are not limiting enough to constitute disabilities under the ADA. Much attention has been paid to how the integration of …

The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon

Rhetoric and Communication Studies Faculty Publications

Many slaveholders attempted to justify the institution of slavery in the United States by claiming that the practice of slavery was actually in the interests of the slaves themselves. Not only are these arguments invalid because they justify inhumane treatment and the imprisonment of innocent human beings, they also contain a dangerous paternalism (a “speaking for”) that has not vacated the social sphere. Indeed, this same logic—the notion that bodies can be regulated and controlled for their own protection—is presently being used to speak for the fetus in order to justify fetal rights. Borrowing from Berlant (1997), these fetal rights …

Tolerated Use, Tim Wu

Faculty Scholarship

"Tolerated use" is a term that refers to the contemporary spread of technically infringing, but nonetheless tolerated, use of copyrighted works. Such patterns of mass infringement have occurred before in copyright history, though perhaps not on the same scale, and have usually been settled with the use of special laws, called compulsory licensing regimes, more familiar to non-copyright scholars as liability rules. This paper suggests that, in present times, a different and slightly unusual solution to the issue of widespread illegal use is emerging-an "opt-in" system for copyright holders, that is in property terms a rare species of ex post …

Reason, Reasons And Normativity, Joseph Raz

Faculty Scholarship

All normative phenomena are normative in as much as, and because, they provide reasons or are partly constituted by reasons. This makes the concept of a reason key to an understanding of normativity. Believing that, I will here present some thoughts about the connection between reasons and Reason and between Reason and normativity.

Reading Poe Reading Blackwood’S: The Palimpsestic Subtext In "The Fall Of The House Of Usher”, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Deck Replacement - Use Of Extra Coating Thickness Epoxy-Coated Bars, J. A. Ramirez, Rachel Elizabeth Henkhaus

JTRP Technical Reports

The results of this study were implemented in the form of design recommendations for bond of epoxy-coated bars with thicker coatings up to 18 mils. The scope of the work included evaluation of AASHTO LRFD (2004) and ACI 318 design recommendedations for the development and splice length of extra epoxy-coating thinkness reinforcing bars in normal-weight concrete bridge decks and a proposed monitoring plan for a generic concrete bridge deck in Indiana where epoxy-coated bars with thicker coatings might be emeployed. The use of the current provisions for development and splice length of epoxy-coated bars in tension in both the AASHTO …

Analysis Of Laterally Loaded Piles In Multilayered Soil Deposits, Dipanjan Basu, Rodrigo Salgado, Monica Prezzi

JTRP Technical Reports

This report focuses on the development of a new method of analysis of laterally loaded piles embedded in a multi-layered soil deposit treated as a three-dimensional continuum. Assuming that soil behaves as a linear elastic material, the governing differential equations for the deflection of laterally loaded piles were obtained using energy principles and calculus of variations. The differential equations were solved using both the method of initial parameters and numerical techniques. Soil resistance, pile deflection, slope of the deflected pile, bending moment and shear force can be easily obtained at any depth along the entire pile length. The results of …

Implementation Of Station Health Monitoring Procedures For Its Sensors, Volume 2: Implementation Report, Joseph M. Ernst, Darcy M. Bullock

JTRP Technical Reports

No abstract provided.

Risk Assessment Of Various Median Treatments Of Rural Interstates, Natalie M. Villwock, Nicolas Paul Blond, Andrzej P. Tarko

JTRP Technical Reports

This report presents results of a comprehensive study that evaluates the safety impacts of alternative median treatments on rural freeways. Extensive data were obtained from Indiana, Colorado, Illinois, Iowa, Missouri, New York, Ohio, Oregon, Washington, and Wisconsin. The studied median treatments include AASHTO-recommended treatments: depressed medians, depressed medians with high and lowtensioned cable barriers, and flush medians with concrete barriers. Other treatments used in the freeway design were also studied: medians with berms, sloped medians, and depressed medians with berms. Negative binomial models were developed to predict the frequency of crashes in three categories: single vehicle (SV), multiple vehicles same …

Inducible Chemical Defenses In Temperate Reef Sponges Of The South Atlantic Bight, U.S.A., Leslie Vanesa Sarmiento

College of Graduate Studies: Theses & Dissertations

Sessile organisms employing inducible defenses may receive protection from consumers while simultaneously minimizing the metabolic costs of maintaining these defenses. To investigate if reef sponges in the South Atlantic Bight employ inducible chemical defenses, I tested two predictions with Ircinia campana, I. felix, and Aplysina fulva. First, concentrations of antipredator compounds should covary with the abundance of sponge predators. Second, higher compound concentrations should be more effective at deterring predators. Secondary metabolite concentrations in two (I. campana and I. felix) of the sponge species showed temporal variation, which is consistent with the inducible defense hypothesis. Interestingly, higher concentrations of these …

Aquaporin 3 Water Channel Protein Gene Expression In Squalis Acanthias Dogfish Shark, Debra Lee Murray

College of Graduate Studies: Theses & Dissertations

Aquaporins are a family of membrane proteins that provide channels for the rapid movement of water molecules and some small solutes across the cellular membrane. Since the discovery of the first water channel protein, hundreds of homologous proteins have been found in all forms of life and much has been learned about their complex role in body water homeostasis. This is the first study to use molecular and immunological techniques to demonstrate that an orthologue of mammalian AQP3 is present in the epithelial cells of Squalus acanthias dogfish shark kidney, gills, rectal gland, esophagus, stomach, eye and brain. The full-length …

Perceptions Of Special Education And General Education Teachers On Co-Teaching Of Students With Disabilities In Outheast Georgia School Systems, Deborah Richardson

College of Graduate Studies: Theses & Dissertations

The researcher's purpose of this study was to understand perceptions of co-teaching by special education and general education teachers, and how those perceptions make the implementation of co-teaching for students with disabilities in the general education classroom successful. The study examined teacher perceptions on training for co-teaching, recommended practices for co-teaching, and supports needed for the co-teaching team. The researcher administered a Likert-scale survey, Perceptions of Co-Teaching Survey developed by Vance Austin (2001) to 45 special education and 98 general education teachers with co-teaching experience from three school districts in southeast Georgia. Teacher perceptions in three different areas were addressed: …

Supposons Que La Discipline Et La Sécurité N'Existent Pas - Rereading Foucault's Collége De France Lectures (With Paul Veyne), Bernard E. Harcourt

Faculty Scholarship

We have come to know well and deploy easily the Foucauldian terms discipline and sécurité (what we now call governmentality), especially as a result of Michel Foucault's 1978 and 1979 lectures at the College de France. What we know less well, I contend, is how to critique them – discipline and sécurité, that is – the way that Foucault critiqued the terms folie, délinquance, or sexualité.

In this essay, I push further my meditations on punishment and subject discipline and sécurité to the same brutal method that Foucault used in his writings on folie, délinquance, and sexualité. I begin by …

On The Value Of Distributional Equality, Joseph Raz

Faculty Scholarship

The paper returns to the question whether equality in distribution is valuable in itself, or, if you like, whether it is intrinsically valuable. Its bulk is an examination of two familiar arguments against the intrinsic value of distributional equality: the levelling down objection and the objection that equality violates some person-affecting condition, in that its realisation does not improve the lot of people.

Physical Therapist Students As Moral Agents During Clinical Internships, Terrence M. Nordstrom

Doctoral Dissertations

unavailable

Effects Of Aggregate Grading And Admixtures/Fillers On Fresh And Hardened Properties Of Self-Consolidating Concrete, Arka Bhattacharya

Graduate Theses, Dissertations, and Problem Reports (ETD)

Self-consolidating concrete (SCC) is becoming a popular material in the concrete industry, due to ease of placement in congested reinforcement, reduced labor and equipment, nonsegregating character, and excellent surface finish. In spite of its several advantages, SCC is exceedingly sensitive to aggregate grading, size, admixtures, and filler contents. Though many studies have been conducted on rheological behavior of SCC, there is limited information on effects of aggregate size, grading, mineral admixture types, and fillers on durability, shrinkage and cracking properties.;In this study 17 SCC mixtures were initially developed using local aggregates, fly ash, slag, limestone fillers, commercial silica fume, viscosity-modifying …

Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …

Grand Jury Discretion And Constitutional Design, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …

The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …

The Cultural Transmission Of Great Basin Projectile-Point Technology I: An Experimental Simulation, A. Mesoudi, Michael J. O'Brien

History Faculty Publications (Archived)

A Darwinian evolutionary approach to archaeology naturally leads to a focus on cultural transmission. Theoretical models of cultural evolution indicate that individual-level details of cultural transmission can have specific and significant population-level effects, implying that differences in transmission may be detectable in the archaeological record. Here we present an experimental simulation of the cultural transmission of prehistoric projectile-point technology, simulating the two transmission modes-indirect bias and guided variation-that Bettinger and Eerkens (1999) suggested were responsible for differences in Nevada and California point-attribute correlations. Groups of participants designed "virtual projectile points" and tested them in "virtual hunting environments," with different phases …

A Web-Service Model Management System For Managing Xml Models, Shashidhar Reddy Muppidi

Masters Theses & Doctoral Dissertations

This project illustrates the creation of XML Web Services using the ASP.NET framework. These web services are used to convert Structured Modeling Markup Language (SMML) models developed by El-Gayar and Tandekar (2007) to and from various modeling formats. SMML is an eXtendable Markup Language (XML) which is used for representing mathematical models comprised of various levels of complexity. The web services developed in this project illustrates the viability of developing model convertors as services. Such services play an integral role in distributed model management architecture in heterogeneous environments as that proposed by El-Gayar (2006)

County-Level Analysis Of Small Business And Entrepreneurship In West Virginia: Impact On Rural Economic Growth., Semoa Costa De Sousa-Brown

Graduate Theses, Dissertations, and Problem Reports (ETD)

West Virginia is one of the nation’s most rural states and historically its economy has been more unstable than that of most states. Over the years, West Virginia has devoted efforts through national and local policy programs to induce economic prosperity, curtail out-migration, and mitigate poverty, yet many of its counties remain economically depressed with high unemployment, deeply rooted poverty, low human capital formation, out-migration, and a shrinking economic base. This means, that the state policy makers need to shift or broaden their policy focus to incorporate small businesses and entrepreneurship approach to development. Studies have shown that small businesses …

Palladium-Catalyzed Syntheses Of Indoles, Pyrroloindoles, Quinolines; A Base-Mediated Formation Of N-Alkoxyindoles, And Progress Toward The First Total Synthesis Of Echinosulfone A., Serge R. Banini

Graduate Theses, Dissertations, and Problem Reports (ETD)

A variety of heterocyclic compounds including indoles, quinolines, and pyrroloindoles has been synthesized. The key step in these alkaloids' syntheses is a palladium-catalyzed reductive N-heteroannulation previously discovered in our laboratory. The ultimate reducing agent in these palladium-catalyzed cyclizations is carbon monoxide. Furthermore, a base-mediated formation of 2-unsubstituted N-alkoxyindoles is described from readily available nitrostyrenes. Finally, progress towards the first total synthesis of the highly bioactive Echinosulfone A is reported.

The Correspondence Between Experimental Data And Computer Simulation Of Friction Stir Welding (Fsw)., Jerry C. Wong

Graduate Theses, Dissertations, and Problem Reports (ETD)

In July of 2006, TWI (The Welding Institute) announced a new research about FSW that enables ultra-thin aluminum alloys sheet, called micro-friction stir welding (µFSW), which could achieve perfect and permanent spot-welded and lap-welded joints in less than 0.3mm material thickness and butt welds in a little more than 0.5mm thickness with welding speeds in the range of 100 - 500mm/min. In this research, an experiment has been conducted to assess the effects of tool rotating speed, and welding feed rate on the friction stir welding process of 6061 aluminum alloys. Two 3-D finite element models were also constructed and …

Rhetorics Of Pain And Desire: The Writings Of The Middle English Mystics., Marisa A. Klages

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation, Rhetorics of Pain and Desire: The Writings of the Middle English Mystics, seeks to explore the connections between desire and pain in the writings of Richard Rolle, Julian of Norwich, Margery Kempe and Walter Hilton. All four writers develop a rhetoric that allows them to use pain and/or desire as a catalyst through which their writing becomes embodied. This embodied rhetoric serves the purpose of achieving union with God, while instructing others in the art of fusing the body, pain and desire into the ultimate conduit for divine contemplation. In each chapter, the development of each writer's authority …

O.J., Batson And Snyder: Lessons From An Intersecting Trilogy, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION There are few cases that inform our collective understanding of the American jury system more than Batson v. Kentucky. This case serves as a touchstone in Equal Protection jurisprudence and can be viewed as "the [U.S. Supreme Court's] most ambitious attempt to impose meaningful prohibitions on the use of race-based peremptory challenges." This case and its progeny provide a framework for the protection of the Fourteenth Amendment's Equal Protection Clause and also implicate the Sixth Amendment's jury-trial guarantees. The Batson holding has been expanded to guard not only against the wrongful exclusion of jurors based upon race, but also …

Customary Law: The Way Things Were, Codified, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

Frequently referred to as customary law, the unique traditions and customs of different Native American tribes are cited by their tribal courts as authoritative and binding law. The recent use of customary law as a mechanism for deciding individual cases is not uniform among tribal court systems as it differs depending upon which tribe's judges are working to place custom into contemporary judicial analysis. Understanding the present role of customary law in tribal law requires first understanding the nature of customary law and then understanding how it is being used. The effect of customary law is dependent upon the place …