Digital Commons Network^™

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, …

An Expression Profile Of Cadherin-11 In Developing Chicken Embryos, Kacie Flaherty

Dissertations and Theses @ UNI

The properties of cadherin-11 adhesiveness allow it to play a dynamic role in development. Known primarily as a mesenchymal cadherin, cadherin-11 expression may be correlated with morphogenetic events in developing embryos. Although cadherin-11 expression has been studied in the mouse and Xenopus, its expression pattern in the important avian model has not been described. We investigated cadherin-11 's expression profile using a monoclonal antibody in fluorescence immunolocalization, assisted by microwave antigen retrieval; in Hamburger-Hamilton stages 13-22 chicken embryos (approx. 46-96 hrs). Cadherin-11 was expressed in mesenchymal tissue surrounding the eye, pharynx and aortic arches, auditory vesicles, lung buds and stomach, …

An Examination Of Intercultural Communication Training Programs For U.S. Sojourners In Denominational And Non-Denominational Organizations, Stuart L. Holsing

Dissertations and Theses @ UNI

Whether for business or personal pleasure, service projects or military service, each year millions travel to destinations very different from their own culture. The preparation of the sojourner for effective interaction in their host culture will largely determine success or failure in meeting the mutual objectives all parties involved. My experiences both as a participant and leader of seven different teams of volunteers with Christian agencies led me to investigate what training is given to equip sojourners for the challenges they will face in navigating the unfamiliar territory of cultural differences in the course of performing their mission. How is …

Straight Acting, Dale Carpenter

Faculty Journal Articles and Book Chapters

This article explores the meaning of “straight acting,” a term one often hears among gay people. How, why, and by whom is it used? What purposes does it serve and what purposes does the reaction to it serve? How does its use by gays compare to the use of the term “acting white” by blacks? And, since this is a law journal, there's the necessary question: what is law's role in straight acting?

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

Department of Surgery Docs

No abstract provided.

Russia's Criminal Procedure Code Five Years Out, William Burnham, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

After a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirements of adversarial principles. However, it also retains several throwbacks to the past, particularly its preservation of the formal pretrial investigation, during which evidence is parsed and collected in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also …

International Travel And The Constitution, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Article makes the case for the fundamental right of U.S. citizens to leave their country and return home again. Surprisingly, Americans do not enjoy such a right. Under current Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process. The controversial No Fly List is one result. Another is a new rule that went into effect in February 2008, under which all travelers now require the express prior permission of the U.S. Government to board any aircraft or maritime vessel that will enter or leave …

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, …

Awscpa History -- 75 Years, Barbara B. Guerra, Marilyn J. Huset

Guides, Handbooks and Manuals

No abstract provided.

Auditing Standards Board (Asb) Meeting, December 11-12, 2008, Washington, Dc, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, December 11-12, 2008, Washington, Dc, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Cpa's Guide To Long-Term Care Planning, Ronald A. Fatoullah, Harry S. Margolis, Kenneth M. Coughlin, Elderlawanswers

Guides, Handbooks and Manuals

No abstract provided.

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 …

Scalable Concurrent Hash Tables Via Relativistic Programming, Josh Triplett

Computer Science Faculty Publications and Presentations

Existing approaches to concurrent programming often fail to account for synchronization costs on modern shared-memory multipro- cessor architectures. A new approach to concurrent programming, known as relativistic programming, can reduce or in some cases eliminate synchronization overhead on such architectures. This approach avoids the costs of inter-processor communication and memory access by permitting processors to operate from a relativistic view of memory provided by their own caches, rather than from an absolute reference frame of memory as seen by all processors. This research shows how relativistic programming techniques can provide the perceived advantages of optimistic synchronization without the useless parallelism …

Reconstructing Images As Piecewise Smooth Functions, Ralf Juengling

Computer Science Faculty Publications and Presentations

Leclerc’s approach to image reconstruction consists of finding the shortest description of the data (an image) as a model (reconstruction) plus noise [5]. The approach poses two design problems: 1. Define an appropriate description language for image models and noise, 2. Derive an objective function and conceive an optimization algorithm that finds good local minima. Leclerc proposed to model images as piecewise low order polynomials and to describe models in terms of region boundaries (discontinuity set) and polynomial coefficients.

In this report I describe Leclerc’s methodology, and, adopting his image model and description language, derive an objective function within this …

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.