Digital Commons Network^™

Retaliatory Litigation Tactics: The Chilling Effects Of "After-Acquired Evidence", Melissa Hart

Publications

Even a victim of the most egregious discrimination may recover little monetary relief if the defendant discovers, after firing the employee, that she committed some firable offense. Yet the case in which the Supreme Court so held, McKennon v. Nashville Banner Publishing Co., was widely viewed as a victory rather than a defeat for plaintiffs. This surprising perception flowed from the Court's holding that such "after-acquired evidence" of misconduct merely limited remedies but did not completely eliminate plaintiffs' rights to sue for discrimination. Given that McKennon could be portrayed either as a victory for plaintiffs or an unjust denial …

Authentic Happiness, Self-Knowledge And Legal Policy, Peter H. Huang

Publications

This Article analyzes three questions: can, how, and should legal policy help people in their individual quests for authentic happiness. This Article adopts psychologist Martin Seligman's definition of the phrase authentic happiness. This Article provides an introduction to examples of legal policies based upon empirical and experimental research in positive psychology, measures of subjective well-being, and quality of life studies.

Delivering User-Centric Services At The Colorado Supreme Court Library, Robert M. Linz

Publications

No abstract provided.

Unwinding Unwinding, David Hasen

Publications

"Unwinding" is a common, if not ubiquitous, feature of tax practice. In a successful unwind, parties to a prior transaction or arrangement back out of it by means of a later transaction and are treated for tax purposes as having engaged in no transactions at all. In a failed unwind, the parties undertake the later transaction, but it is not treated as nullifying the effects of the first transaction; rather, two separate transactions are deemed to have taken place, each with its own tax consequences.

This Article develops the first unified theoretical framework for analyzing tax unwinding. It also provides …

The Future Of 9-1-1: New Technologies And The Need For Reform, Philip J. Weiser, Dale Hatfield, Brad Bernthal

Publications

Our nation's 9-1-1 system's success to date belies the fact that its core premises will not continue to serve it effectively and it has come to a critical juncture. In particular, the balkanized nature of 9-1-1 operations that differ across jurisdictions and are supported by Byzantine funding mechanisms obscure a simple but profound development: our nation's emergency system is not keeping up with or taking advantage of technological change. Because the system continues to work and policymakers largely do not appreciate the system's technological limitations, decision makers not only fail to focus on this challenge but instead are all too …

The Chains Of The Constitution And Legal Process In The Library: A Post-Usa Patriot Reauthorization Act Assessment, Susan Nevelow Mart

Publications

Since the Patriot Act was passed in 2001, controversy has raged over nearly every provision. The controversy has been particularly intense over provisions that affect the patrons of libraries. This article follows those Patriot Act provisions that affect libraries, and reviews how they have been interpreted, how the Patriot Reauthorization Acts have changed them, and what government audits and court affidavits reveal about the use and misuse of the Patriot Act. The efforts of librarians and others opposed to the Patriot Act have had an effect, both legislatively and judicially, in changing and challenging the Patriot Act. Because libraries are …

Indian Nations And The Federal Government: What Will Justice Require In The Future? Claims Against The Sovereign 20th Jusicial Conference Of The United States Court Of Federal Claims, Charles Wilkinson

Publications

No abstract provided.

Dunya, Marianne Wesson

Publications

No abstract provided.

Reexamining The Legacy Of Dual Regulation: Reforming Dual Merger Review By The Doj And The Fcc, Philip J. Weiser

Publications

Most debates over the structure of merger review in the telecommunications industry focus on the criticism that the role of the Federal Communications Commission (FCC) is entirely redundant in light of the review conducted by the antitrust agencies. The FCC's lack of a consistently applied standard only reinforces such criticisms. There are, however, cases where the FCC's review of a merger - and imposition of conditions that complement the existing regulatory regime - enable the antitrust agencies to clear mergers that would otherwise pose potential objections.

The central challenge for competition policy merger review is to structure the analysis of …

Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson

Publications

This article explains that under international law nations are not permitted to use force to impose democracy on other nations and that such an approach is also impracticable and undesirable from a policy perspective.

The Social Change Model Of Leadership Development: Differences In Leadership Development By Levels Of Student Involvement With Various University Student Groups, Chastity Beth Gerhardt

Theses and Dissertations

The development of students as leaders is a priority for most institutions of higher education and research suggests that students' leadership skills increase as a result of engagement in the collegiate environment. Given the scarcity of leadership models and instruments designed specifically for college students, research regarding leadership development among college students is lacking.

The purpose of this study was to analyze the differences in leadership development among various levels of student involvement within several student groups as measured by self-reported scores on the Multi-Institutional Study of Leadership instrument. The basic research question was: Were there significant differences between student …

Effective Budget Tactics For Agency Budget Officials, Arvy Smith

Theses and Dissertations

No abstract provided.

Lead Concentration Of Soils In Sorby Hills Area Of Proposed M2 Irrigation Area, East Kimberley, Edward (Ted) Arnold Griffin, Noel R. Schoknecht, Ross Brennan, Jane Speijers, Dave Allen, Mike Freeman

Resource management technical reports

No abstract provided.

Beating The Spin-Down Limit On Gravitational Wave Emission From The Crab Pulsar, B. Abbott, R. Abbott, R. Adhikari, P. Ajith, B. Allen, G. Allen, R. Amin, S. B. Anderson, W. G. Anderson, M. A. Arain, M. Araya, H. Armandula, P. Armor, Y. Aso, S. Aston, P. Aufmuth, C. Aulbert, S. Babak, S. Ballmer, H. Bantilan, B. C. Barish, C. Barker, D. Barker, B. Barr, P. Barriga, M. A. Barton, M. Bastarrika, K. Bayer, J. Betzwieser, P. T. Beyersdorf, I. A. Bilenko, Tiffany Z. Summerscales

Faculty Publications

We present direct upper limits on gravitational wave emission from the Crab pulsar using data from the first 9 months of the fifth science run of the Laser Interferometer Gravitational-wave Observatory (LIGO). These limits are based on two searches. In the first we assume that the gravitational wave emission follows the observed radio timing, giving an upper limit on gravitational wave emission that beats indirect limits inferred from the spin-down and braking index of the pulsar and the energetics of the nebula. In the second we allow for a small mismatch between the gravitational and radio signal frequencies and interpret …

Writing Resistance Into International Law, Ruth Buchanan

All Papers

This essay considers the problem of theorizing resistance within international law through a close reading of two recent contributions to the TWAIL literature. It is concerned less with their critiques of contemporary developments, than with how these scholars map the possible spaces for resistance of third world states and peoples to international legal institutions and discourses. Do they argue that third world resistance has the potential to transform international law, and move us in the direction of a more just international order? If so, how is that process of change envisioned? While the answers to these questions are, not surprisingly, …

The Corporate Social Responsibility Movement As An Ethnographic Problem, John M. Conley, Cynthia A. Williams

All Papers

Over the past decade, the business world has devoted an extraordinary amount of attention to the concept of "corporate social responsibility." CSR derives from the idea that the responsibility of a corporation extends beyond the traditional Anglo-American objective of providing maximal financial returns to its shareholders. Instead, CSR proponents have argued, the legitimate concerns of a corporation should include such broader objectives as sustainable growth, equitable employment practices, and long-term social and environmental well-being. CSR is now the focus of a well-defined and energetic movement that has manifested itself in a variety of ways. It is, in the anthropologist Sally …

Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman

Journal Articles

Most sociolegal studies of the urban street focus on the human element. By focusing on the tree, my Article offers a unique perspective on the interrelations between various actors within the public spaces of modern North American cities. Situated at the intersection of legal geography, anthropology, and Science and Technology Studies, this Article demonstrates how natural artifacts function as technologies of governance, thereby masking crucial political interventions behind a natural facade. The tensions between nature and the city, as embedded in both the construction and the regulation of street trees, provide an unusual perspective on the management of urban populations …

United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court's Jurisdiction Truly Complementary To National Criminal Jurisdictions?, Jimmy Gurulé

Journal Articles

Although the United States supports the creation of a permanent International Criminal Court (ICC), it opposes such a court as set forth in the 1998 Rome Statute because it leaves open the potential for United States military personnel and government officials to be prosecuted for unintended loss of civilian life. Can the United States formulate a legal argument to support its view that inadvertent civilian casualties should not be considered a war crime within the jurisdiction of the ICC? The article argues that it can because the ICC’s jurisdiction under the Rome Statute is not complementary to national prosecutions held …

Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock

Journal Articles

One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …

A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell

Journal Articles

No abstract provided.

Children's Beliefs And Family Law, Margaret F. Brinig

Journal Articles

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.

I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …

Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford

Journal Articles

Excerpts from the Article

Embodied in the Universal Declaration of Human Rights is the evocative proposition that [e]veryone has the right to freedom of opinion and expression. But beneath that level of abstraction there is anything but universal agreement.

This book review argues that the dissonance between countries need not be challenged in pursuit of uniformity. Indeed, in those cases in which the differences reflect an appropriate balance of competing goods, it should be celebrated. Constitutional exceptionalism recognizes and celebrates each country's attempt to optimize the general welfare of that country by balancing competing goods in a manner consistent with …

Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel

Journal Articles

No abstract provided.

This-Worldly Explanations For Otherworldly Growth: Vitality In An Ozarks Megachurch, Joseph Lee Dutko

Graduate Theses/Dissertations

James River Assembly, a Pentecostal megachurch in the Missouri Ozarks, grew from forty-two people in 1991 to over nine thousand in 2008. What led to such growth? Using ethnographic research methods such as interviews and twenty months of field observations, this study uses the story of James River Assembly to enter into the debate on congregational vitality. Three reasons emerge for the growth and strength of the church: excitement and optimism, an apocalyptic worldview, and a clear sense of identity embraced as a worthy pursuit by members. Each chapter presents theories of vitality that are useful for understanding growth at …

Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland

College of Communication Faculty Research and Publications

The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader law of newsgathering, which encompasses not only source relationships, but also rights of access to places and records, protections against civil and criminal liability for torts and crimes committed in the pursuit of news, and protections against government searches of newsrooms and phone records, among other things. Resolving these conflicts has grown more …

Community Renegades: Micro-Radio And The Unlicensed Radio Movement, Lawrence Soley

College of Communication Faculty Research and Publications

No abstract provided.

Creative Women In Advertising Agencies: Why So Few “Babes In Boyland”?, Sheri L. Broyles, Jean M. Grow

College of Communication Faculty Research and Publications

Purpose – The purpose of this paper is to explore reasons why there are so few women in creative departments of advertising agencies and to discuss what impact that might have on the work environment of those creative departments and advertising messages they create.

Design/methodology/approach – Provides a review of published research and plus opinions of professionals who cover the advertising industry or work in agency creative departments. Personal observations from the authors’ time working in the advertising industry are also included.

Findings – Themes gleaned from the literature look at the gender gap, the creative department of advertising agencies …

Larry Sabato, Sumana Chattopadhyay

College of Communication Faculty Research and Publications

No abstract provided.

Real-Time Implementation Of A Statcom On A Wind Farm Equipped With Doubly Fed Induction Generators, Wei Qiao, Ganesh K. Venayagamoorthy, Ronald G. Harley

Electrical and Computer Engineering Faculty Research & Creative Works

Voltage stability is a key issue to achieve the uninterrupted operation of wind farms equipped with doubly fed induction generators (DFIGs) during grid faults. This paper investigates the application of a static synchronous compensator (STATCOM) to assist with the uninterrupted operation of a wind turbine driving a DFIG, which is connected to a power network, during grid faults. The control schemes of the DFIG rotor- and grid-side converters and the STATCOM are suitably designed and coordinated. The system is implemented in real-time on a real time digital simulator. Results show that the STATCOM improves the transient voltage stability and therefore …

Mitochondria In Energy-Limited States : Mechanisms That Blunt The Signaling Of Cell Death., Steven Hand, Michael Menze

Faculty and Staff Scholarship

Cellular conditions experienced during energy-limited states – elevated calcium, shifts in cellular adenylate status, compromised mitochondrial membrane potential – are precisely those that trigger, at least in mammals, the mitochondrion to initiate opening of the permeability transition pore, to assemble additional protein release channels, and to release pro-apoptotic factors. These proapototic factors in turn activate initiator and executer caspases. How is activation of mitochondria-based pathways for the signaling of apoptotic and necrotic cell death avoided under conditions of hypoxia, anoxia, diapause, estivation and anhydrobiosis? Functional trade-offs in environmental tolerance may have occurred in parallel with the evolution of diversified pathways …