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The Effects Test: Extraterritoriality’S Fifth Business, Austen L. Parrish

Articles by Maurer Faculty

American laws increasingly regulate the conduct of foreigners abroad. The growth in extraterritorial laws, in no small part, can be traced to the effects test - a doctrine that instructs courts to presume that Congress intended to regulate extraterritorially when foreign conduct is found to have a substantial effect within the United States. For many scholars and lawyers, the effects test is the doctrinal lynchpin for determining the geographic reach of domestic laws. Territorial limits on legislative jurisdiction, on the other hand, are seen as anachronistic; a remnant of a pre-modern, pre-globalized world.

This article takes a different, more skeptical …

Trans-10, Cis-12 Conjugated Linoleic Acid Antagonizes Ligand- Dependent Pparγ Activity In Primary Cultures Of Human Adipocytes, Arion Kennedy, Soonkyu Chung, Kathleen Lapoint, Oluwatoyin Fabiyi, Michael K. Mcintosh

Department of Nutrition and Health Sciences: Faculty Publications

We previously demonstrated that trans-10, cis-12 (10,12) conjugated linoleic acid (CLA) causes human adipocyte delipidation, insulin resistance, and inflammation in part by attenuating PPARγ target gene expression. We hypothesized that CLA antagonizes the activity of PPARγ in an isomerspecific manner. 10,12 CLA, but not cis-9, trans-11 (9,11) CLA, suppressed ligand-stimulated activation of a peroxisome proliferator response element-luciferase reporter. This decreased activation of PPARγ by 10,12 CLA was accompanied by an increase in PPARγ and extracellular signal-related kinase (ERK)1/2 phosphorylation, followed by decreased PPARγ protein levels. To investigate if 10,12 CLA-mediated delipidation was preventable with a PPARγ …

On The Same Page: The Value Of Paid And Volunteer Leaders Sharing Mental Models In Churches, Stephanie T. Solansky, Dennis Duchon, Donde Ashmos Plowman, Patricia G. Martínez

Department of Management: Faculty Publications

We examine the idea that mental models shared among paid and volunteer leaders are associated with improved financial performance in nonprofit organizations. Our empirical analysis of thirty-seven churches yields evidence that organizations are more effective if paid and volunteer leaders have a shared task mental model—that is, if they report similar conceptualizations of organizational goals and decision-making processes. These findings suggest that the extent of leaders’ agreement on organizational goals and the processes of how decisions are made matter for organizational performance. We argue that it is as important to ensure that everyone is on the same page with regard …

The Utility Of Transactional And Transformational Leadership For Predicting Performance And Satisfaction Within A Path-Goal Theory Framework, Robert P. Vecchio, Joseph E. Justin, Craig L. Pearce

Department of Management: Faculty Publications

In a test of hypotheses derived from the integration of principles of path-goal theory (House, 1996) and transformational leadership theory (Bass, 1985), data collected from 179 high school teachers and their principals were examined with hierarchical regression analysis. Augmentation analysis indicated that transactional leadership had a stronger role in explaining unique criterion variance beyond the contribution of transformational leadership, than did transformational leadership relative to transactional leadership. In addition, both the transactional and transformational leadership had a negative interactive relationship for predicting the outcome of performance, such that leader vision and leader intellectual stimulation were more positively correlated with employee …

Experimental Analysis Of A Web-Based Training Intervention To Develop Positive Psychological Capital, Fred Luthans, James B. Avey, Jaime L. Patera

Department of Management: Faculty Publications

Psychological capital with components of hope, self-efficacy, optimism, and resiliency has recently emerged as a core construct in taking positive psychology to the workplace. A distinguishing feature is that it is “state-like” and thus open to development. We analyze whether such psychological capital can be developed through a highly focused, 2-hour web-based training intervention. Using a pretest, posttest experimental design (n = 187 randomly assigned to the treatment group and n = 177 to the control group), we found support that psychological capital can be developed by such a training intervention.

“A Noble Endeavor”: Comments From The Yearly Review Editor, Mary Uhl-Bien

Department of Management: Faculty Publications

This issue comprises The Leadership Quarterly Yearly Review of Leadership (LQYR) for 2008, a series that was started by Jerry Hunt in 2000. With this series, Jerry displayed his tremendous talent as a visionary and leading edge thinker in bringing us a series of articles from top and emerging scholars not only in leadership, but in other areas Jerry saw that could inform leadership. The series has become a cornerstone of LQ, and the impact is demonstrated by the fact that, since its inception, LQYR articles have been regular recipients of the Best Paper Award in LQ. We …

How Transformational Leadership Weaves Its Influence On Individual Job Performance: The Role Of Identification And Efficacy Beliefs, Fred O. Walumbwa, Bruce Avolio, Weichun Zhu

Department of Management: Faculty Publications

This study examined how transformational leadership directly and indirectly relates to supervisory-rated performance collected over time including 437 participants employed by 6 U.S. banking organizations in the midwest. Results revealed that one’s identification with his or her work unit, self-efficacy, and means efficacy were related to supervisor-rated performance. The effect of transformational leadership on rated performance was also mediated by the interaction of identification and means efficacy, as well as partially mediated by the interaction of self-efficacy and means efficacy. Implications for research, theory, and practice are discussed.

Navigating The New Politics Of Judicial Appointments, Ryan W. Scott, David R. Stras

Articles by Maurer Faculty

This Review Essay explores the new politics of judicial appointments by addressing the important question whether Senate-specific reforms to the judicial appointments process are likely to succeed. In his recent book, The Next Justice, Chris Eisgruber proposes a two-part plan to repair the Supreme Court appointments process. Like many other scholars that have written in the area, Eisgruber's reforms focus primarily on the Senate. First, he proposes that the Senate get smart by asking penetrating questions about the judicial philosophy of Supreme Court nominees in an effort to ensure that the future Justices are moderates, rather than extremists. Second, he …

Book Review. From Edison To Ipod: Protect Your Ideas And Make Money By Frederick W. Mostert And Lawrence E. Apolzon, Yvonne Cripps

Articles by Maurer Faculty

No abstract provided.

Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler

Articles by Maurer Faculty

Indonesia’s decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia’s use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International …

Strategies For Implementing The New International Health Regulations In Federal Countries, David P. Fidler, Kumanan Wilson, Christopher Mcdougall, Harvey Lazar

Articles by Maurer Faculty

The International Health Regulations (IHR), the principal legal instrument guiding the international management of public health emergencies, have recently undergone an extensive revision process. The revised regulations, referred to as the IHR (2005), were unanimously approved in May 2005 by all Member States of the World Health Assembly (WHA) and came into effect on 15 June 2007. The IHR (2005) reflect a modernization of the international community’s approach to public health and an acknowledgement of the importance of establishing an effective international strategy to manage emergencies that threaten global health security.

The success of the IHR as a new approach …

Developments In The Laws Affecting Electronic Payments And Stored-Value Products: A Year Of Stored-Value Bankruptcies, Significant Legislative Proposals, And Federal Enforcement Actions, Sarah Jane Hughes, Stephen T. Middlebrook, Patricia J. Allouise

Articles by Maurer Faculty

No abstract provided.

Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Forging Fiscal Reform: Constitutional Change, Public Policy, And The Creation Of Administrative Capacity In Wisconsin, 1880-1920, Ajay K. Mehrotra

Articles by Maurer Faculty

In 1911, Wisconsin became one of the first U.S. states to adopt an effectively administered income tax. Wisconsin reformers were able to overcome several institutional barriers to create the administrative capacity necessary to assess and collect a graduated income tax that in time raised significant revenue, but did not supplant the property tax. With this limited success, the Wisconsin income tax soon became a model for other states and even the national government. In this sense, Wisconsin was a leader in forging fiscal reform. Political activists, lawmakers, and other government actors in the Badger State led a turn-of-the-century property tax …

Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft

Articles by Maurer Faculty

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Duty Issues In The Ever-Changing World Of Payments Processing: Is It Time For New Rules?, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate

Articles by Maurer Faculty

Unlike air and water pollution, pollution from dangerous solid and liquid wastes on land remains a relatively concentrated, active hazard for long periods of time. Uncontrolled, land pollution moves through the environment slowly and often without significant diminution of toxicity. Persistence, in fact, is often regarded as the defining quality of dangerous land pollutants. Hazardous and nuclear waste regulation is very much concerned with the problem of maintaining the isolation of solid and liquid materials over decades, centuries, and even millennia, and, the author argues, there is good reason to believe that waste management practices and institutions are not well …

Death To Tyrants: District Of Columbia V. Heller And The Uses Of Guns, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Global Health Jurisprudence: A Time Of Reckoning, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Supreme Court And Indiana's Voter Id Law, David Williams

Articles by Maurer Faculty

No abstract provided.

What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen

Articles by Maurer Faculty

President George W. Bush and his executive branch lawyers have earned widespread criticism for extreme positions and practices regarding the scope of presidential authority. The war on terror that followed the September 11, 2001 terrorist attacks provided the context for their most controversial claims of unilateral authority: to override legal prohibitions on the use of torture and cruel, inhuman and degrading treatment; to hold "enemy combatants" indefinitely without access to counsel or any opportunity to challenge their detention; and to engage in domestic electronic surveillance without a court order. Our nation's welfare and integrity depend upon continued evaluation, response, and, …

Public Law As The Law Of The Res Publica, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Obituary: Terry Lamon Yates, 1950-2007., Robert J. Baker, David J. Schmidly, Joseph A. Cook, Jorge Salazar-Bravo, Hugh H. Genoways

University of Nebraska State Museum: Mammalogy Papers

On December 11, 2007, the science of mammalogy lost one of its most valued and influential leaders. Terry Lamon Yates succumbed to complications of treatments for an aggressive form of brain cancer after a brief but courageous fight. He was born on March 17, 1950, in Mayfield, Kentucky, the older son of Ellen Wanda Byrd and William Hanley Yates. Terry’s only sibling was a brother, Johnny. He is survived by his wife Nancy Fennell Yates, his two sons, Brian Christopher and Michael Ryan, and daughter-in-law Laura Manchéno Macia.

Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization, Hannah Buxbaum

Articles by Maurer Faculty

For all the scholarly attention paid to the role of mandatory rules in civil litigation, the doctrine regarding their use has never been fully developed. Certainly courts considering contracts governed by foreign law will sometimes override that law, applying a mandatory rule of the forum in its place. But in its most expansive articulation, the "mandatory rules" theory would also permit courts in certain circumstances to apply the mandatory law of a third country - a direction in which courts have declined to go. This article examines one of the justifications forwarded by early proponents of this more expansive approach: …

Improving Laws And Legal Authorities For Public Health Emergency Legal Preparedness, David Fidler, Robert M. Pestronk, Brian Kamoie, Gene Matthews, Georges C. Benjamin, Ralph T. Bryan, Socrates H. Tuch, Richard Gottfried, Jonathan E. Fielding, Fran Schmitz, Stephen Redd

Articles by Maurer Faculty

No abstract provided.

Assessing Laws And Legal Authorities For Public Health Emergency Legal Preparedness, David Fidler, Brian Kamoie, Robert M. Pestronk, Peter Baldridge, Leah Devlin, George A. Mensah, Michael Doney

Articles by Maurer Faculty

No abstract provided.

The Fair Housing Act And Extralegal Terror, Jeannine Bell

Articles by Maurer Faculty

This Article examines the implications the Fair Housing Act (FHA) has on anti-integrationist racial violence faced by racial and ethnic minority's integrating white neighborhoods. The first part of the article describes anti-integrationist violence as it occurs in two separate but distinct time periods the first occurring, before the passage of the FHA. The second time period that article addresses is the post-1968 era until the present day. In discussing the period since the passage of the Act, the article describes several important mechanisms in how the FHA functions as a remedy for extralegal violence. The Article concludes with a call …

Envisioning Post-Conviction Review For The Twenty-First Century, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.

The "Stern Review" And Its Critics: Implications For The Theory And Practice Of Benefit-Cost Analysis, Daniel H. Cole

Articles by Maurer Faculty

The UK's Treasury's "Stern Review: The Economics of Climate Change" (Oct. 2006) reached dramatically different conclusions and policy recommendations than most earlier economic analyses of climate change. It found that the costs of climate change, as well as the potential net benefits of greenhouse gas reductions, were much higher that previously estimated, and consequently recommended more rapid and extensive cuts in emissions than other economist analysts. The Stern Review estimated that a 1% annual investment of global GDP in mitigation could prevent a 5% (or more) reduction in annual global GDP from climate change harm, forever. A number of prominent …