Digital Commons Network^™

An Interview With Kenneth A. Bruffee, Michele A. Eodice

The Writing Center Journal

No abstract provided.

The Milberg Weiss Prosecution: No Harm, No Foul?, Michael A. Perino

Faculty Publications

(Excerpt)

In the late 1990s, the lawyers at Milberg Weiss Bershad Hynes & Lerach were the undisputed kings of securities fraud class actions. Melvyn Weiss, the dean of the securities class action bar and a co-founder of the firm, ran its New York office. Bill Lerach, frequently described as the most hated man in Silicon Valley because of his penchant for suing high technology issuers, ruled its west coast operations. To say that the validity of the firm’s business was a matter of some contention, vastly understates matters. Although some view securities class actions as a necessary supplement to under-resourced …

Sarbanes-Oxley Five Years Later: Will Criticism Of Sox Undermine Its Benefits?, Cheryl L. Wade

Faculty Publications

(Excerpt)

In 2002, the Sarbanes-Oxley Act1 ("SOX" or the "Act") not only changed the details relating to financial reporting, internal controls, and corporate governance in general, but also changed the discussion about corporate climates and cultures, at least temporarily. The political discourse leading up to SOX's enactment in the aftermath of the accounting debacles of 2001 and 2002 was replete with discussions about more ethical and responsible corporate governance. The Act's passage, accompanied by the get-tough-on-Corporate-America speeches made by President George W. Bush and others changed the way corporate actors discuss their ethical obligations. The Act's strict requirements regarding financial …

The Sarbanes-Oxley Act And Ethical Corporate Climates: What The Media Reports; What The General Public Knows, Cheryl L. Wade

Faculty Publications

(Excerpt)

The question for participants in the Securities Regulation Section’s program at the 2008 AALS Annual Meeting was whether recent securities regulation reforms hit their mark. I focus in this essay on The Sarbanes-Oxley Act of 2002 (SOX or the Act), the most important legislative reform of securities markets in recent decades. Enacted to assuage public outrage about corporate greed and malfeasance ignited by media reports describing debacles at Enron, WorldCom, Adelphia, Tyco and other companies in 2001 and 2002 (the Corporate Scandals), SOX represented a legislative and political response to public resentment of what some considered a morally impaired …

Tax Malpractice Damages: A Comprehensive Review Of The Elements And The Issues, Jacob L. Todres

Faculty Publications

(Excerpt)

This Article explores the proper measure of damages in tax malpractice litigation. Assuming a plaintiff establishes negligence by a tax advisor and the other requisite elements of the cause of action, exactly what damages may be recovered? May the plaintiff recover additional taxes owed? What about recovery of interest, penalties, and lawyer's or accountant's fees? What about recovery of consequential damages, such as those for emotional distress or mental anguish? What if, as a result of the tax advisor's negligence, the plaintiff is audited and other, unrelated deficiencies are uncovered that likely never would have come to light but …

Faith In The Rule Of Law, Marc O. Degirolami

Faculty Publications

This is an essay on Brian Z. Tamanaha's Law as a Means to an End: Threat to the Rule of Law (2006).

For all but the most unflinching consequentialist, "instrumentalism" tends to draw mixed reviews. So it does from Brian Tamanaha. His book, Law as a Means to an End: Threat to the Rule of Law, documents with measured diffidence the ascendancy and current reign of "legal instrumentalism," so entrenched an understanding of law that it is "taken for granted in the United States, almost a part of the air we breathe." Professor Tamanaha shows that in our legal theorizing, …

International Commercial Arbitration And International Courts, Mark L. Movsesian

Faculty Publications

The editors of this symposium have asked us to address an interesting question. Why hasn't international commercial arbitration’s (ICA's) success been repeated in the context of international courts? In the last few decades, states have created scores of permanent tribunals with jurisdiction to resolve disputes about international law. By and large, though, states have not been as receptive to the rulings of these tribunals. What accounts for this comparative lack of hospitality? Why do states treat ICA and international adjudication so differently?

In this essay, I offer an explanation. States treat ICA and international adjudication differently because they are categorically …

Automating Material Delivery Records, Joo Hyoung (Jay) Lee, Bob Mccullouch

JTRP Technical Reports

This project investigated methods on automating field data collection of materials. The method chosen and investigated was bar codes. The automated process requires material suppliers to produce delivery forms that can be recorded and tracked using bar codes. The report describes a system configuration that shows a conceptual process to electronically transfer materials information between the material supplier, trucking company, INDOT personnel and contractor. Other activities reported include survey results from other state transportation agencies, material suppliers, and concrete paving companies. Also, investigated was how to interface with SiteManager software. Recommendations described hardware options for using bar codes and industry …

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 …

The Case For "Thinking Like A Filmaker": Using Lars Von Trier's Dogville As A Model For Writing A Statement Of Facts, Elyse Pepper

Faculty Publications

Part I of this Article introduces movies as a persuasive medium. Part II examines the value of movies as teaching tools in the law school context. Part III breaks down the movie Dogville and demonstrates how it might be used to create two Statements of Facts in a fictionalized criminal case. Part IV recaps the lessons learned from using a film as a model for fact writing.

2008 - Performances, Neiu Music Department

Music Department Performance Programs

Student Recital, Graduate Recital, Faculty Recital, Summer Jazz Band, Tuesday's Children, Jazz Lab Band, Stahl Mates, Caribe,Percussion Ensemble, Percussion Showcase, Vocal Showcase,

Convertible Night, Flurry Of Stones, Dzvinia Orlowsky

English Faculty Publications

Gertrude Stein writes: "Pink looks as pink, pink looks as pink, as pink as pink supposes, suppose." Dzvinia Orlowsky's poems in her new book are strung along the tension of a black thread stretched to near snapping as her tenacious, feisty speaker refuses for all women the typecast as another breast cancer statistic, another bumper sticker pink bow. Equal parts shepherd, punk, and auburn-wigged angel, Orlowsky, with torches in her hand, illuminates this dark passage with images of startling originality and honesty. The clear voice in this book joins those whose lives have been and continue to be altered by …

Prediction Markets And The First Amendment, Miriam A. Cherry, Robert L. Rogers

Faculty Publications

The continuing development of prediction markets is important because of their success in foretelling the future in politics, economics, and science. In this article, we identify the expressive elements inherent in prediction markets and explore how legislation such as the Unlawful Internet Gambling Enforcement Act of 2006 might harm such predictive speech. This article is the first to explore First Amendment protections for prediction markets in such depth, and in so doing, we distinguish prediction markets from other regulated areas such as gambling, commodities, and securities trading. The article’s examination of prediction markets also illustrates the limitations of current commercial …

Working (With) Workers: Implementing Theory, Miriam A. Cherry

Faculty Publications

(Excerpt)

The topic of this symposium issue sponsored by the Association of American Law Schools (AALS) is the role of the labor and employment law professor as a public intellectual. Despite the baggage accompanying the phrase "public intellectual," the symposium topic is an important one, for the term carries more meaning than a mere "talking head" or "media figure" can express. To make theoretical ideas more accessible to others, to connect theory and practice, to explain academic or scholarly ideas in a way that the public can understand—these ideas resonate with my philosophy of the law professor's role. In fact, …

Vertical Price Restraints After Leegin, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the Supreme Court by a vote of 5-4 overruled the century old per se ban on resale price maintenance ("r/p/r") enunciated in the Dr. Miles case. The Court did not rule that r/p/m is lawful per se but rather held that vertical price restraints should be adjudged under the broader rule of reason analysis. The decision was not unexpected; and, indeed, it was welcomed in many quarters. From one perspective, Leegin is a long overdue ruling that simply brings treatment of r/p/m into line with the treatment of vertical …

Federalism And Horizontality In International Human Rights, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

The advent of the international human rights system is one of the many changes to international law since the time Missouri v. Holland was decided. As other contributions to this symposium note, one of the challenging federalism questions raised by Holland in this new era is the effect of international human rights treaties and emerging customary international human rights law on U.S. states. And just as the creation of the international human rights regime has affected domestic analysis of federalism, the international human rights system has itself adjusted to the processes of federalism.

The human rights regime is largely …

Three Narratives Of Medellín V. Texas, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

Every once in a while, a Supreme Court case comes along that holds a mirror up to the changing face of the American polity. Medellín v. Texas (Medellín II) is such a case, reflecting divisive national debates over immigration, the death penalty, victims' rights, the scope of executive power, U.S. adherence to international human rights standards, the salience of international law to national security, and the appropriate role of judicial review of political decisions. Which of those issues stands out among the reflected images depends on who is peering into the mirror.

For international law scholars, the significance of …

Better Revision: Encouraging Student Writers To See Through The Eyes Of The Reader, Patricia Grande Montana

Faculty Publications

(Excerpt)

Revision is an integral part of the first-year legal writing curriculum. Students rewrite most of their writing assignments for a grade, and, in many cases, the rewrites are weighted more heavily than the first drafts. The purposes of a rewrite in legal writing, as with other writing, are to resolve any inconsistencies and fill in gaps, strengthen the analysis and reasoning, and present the information in the clearest way possible. Though legal writing professors devote substantial time to the rewrite phase of assignments, in my experience, law students traditionally treat an assignment as completed as soon as they turn …

Explaining The “Big Picture”: Why Students Should Know Why They Read Cases In Law School, Patricia G. Montana

Faculty Publications

(Excerpt)

We must remind our students that we ask them to read cases in law school to help them master the art of legal analysis. Though part of our goal also might be to teach them important substantive law, it is not our primary goal, nor should it be. In reality, when practicing attorneys are faced with real legal problems, they must research the applicable law in the relevant jurisdiction and as it relates to the specific circumstances of their case. If the problem involves a contracts claim, for example, an attorney will not open his or her law school …

Persuasion In A Familiar Activity: The Parallels Between Resume Writing And Brief Writing, Patricia Grande Montana

Faculty Publications

(Excerpt)
/="/">To succeed in drafting a “winning” brief, you must approach it like you approach any other persuasive piece of writing in everyday life. A résumé is one such type of writing.Although many writers might not realize that composing a résumé is an exercise in persuasion, it is. The résumé’s purpose is simple: to persuade the employer to hire the applicant. Thus, a good résumé will be tailored to the needs of the employer. To achieve this goal, writers of successful résumés will carefully consider the employer throughout the planning, drafting, and revising processes. They will step into the …

A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen

Faculty Publications

Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.

From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …

In Whose "Best Interests"? – An International And Comparative Assessment Of Us Rules On Sentencing Of Juveniles, Jelani Jefferson Exum, John W. Head

Faculty Publications

According to numerous sources, both at the international level and within the USA, legal standards governing the treatment of children (commonly defined as persons under 18 years old)—including their treatment at the hands of the judicial system—should reflect an assessment of "the best interests of the child". An explicit announcement of this principle at the international level appears in the Convention on the Rights of the Child ("CRC"), which nearly all countries in the world have adopted. Article 37 of the CRC elaborates on the "best interests" principle, by prescribing six key standards national juvenile justice systems are to follow …

The Blind Leading The Blind: What If They’Re Not All Visual Or Tactile Learners?, Robin A. Boyle, James B. Levy

Faculty Publications

(Excerpt)

As legal writing professors, we exalt analysis over intuition and are trained to follow the facts rather than engage in guess-work. We train our students to do the same. Yet when it comes to the pedagogy of legal analysis, we sometimes disregard our training by relying on observations and anecdotal evidence. Specifically, we may be assuming that the vast majority of our students are visual and/or tactile learners because they have grown up using computers, and we see students using computers all the time. Implicit in our assumption is that learning styles are determined by environmental factors alone or …

Return To Missouri V. Holland: Federalism And International Law, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

Columbia, Missouri is a fitting venue at which to continue the conversation about Missouri v. Holland and explore the intersection of law-making at the international, national and sub-national levels. This symposium revisits the debate over national and local control over foreign affairs and brings together the constitutional doctrinal discussion and accounts of the globalization of regulation that consider the complexity of influences operating within and between multiple systems of law. Both the factual background of Holland (primarily a case about environmental regulation) and the doctrinal context in which it arose (a Supreme Court poised to move toward constitutional endorsement …

Nanocomposites For Novel Holographic Applications, Izabela Naydenova, Svetlana Mintova, Suzanne Martin, Vincent Toal

Articles

Nanozeolites incorporated into photopolymerizable holographic recording materials can be used for holographic sensing, data storage, and optical systems design.

Supreme Court Clerks' Recollections Of October Term 1951, Including The Steel Seizure Cases, John Q. Barrett, Charles C. Hileman, Abner J. Mikva, James C.N. Paul, Neal P. Rutledge, Marshall L. Small, William H. Rehnquist, Gregory L. Peterson, Ken Gormley

Faculty Publications

A roundtable panel discussion at the Chautauqua Institution. The panel brought together five lawyers who fifty-five years ago served as law clerks to Justices of the Supreme Court of the United States. The panelists discussed the Justices and some of the cases of that Supreme Court Term, including the Steel Seizure Cases,1 which came to the Supreme Court in the spring of 1952. The honored guests and panelists are five lawyers who have led high-achieving, diverse and public-spirited lives: Charles C. Hileman, Abner J. Mikva , James C.N. Paul , Neal Person Rutledge, Marshall L. Small.

The Culture Differential In Parental Autonomy, Elaine M. Chiu

Faculty Publications

When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions …

Twombly, The Federal Rules Of Civil Procedure And The Courts, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

This Article analyzes the rationale for the Twombly holding and concludes that: (1) the Court's assertion that judges cannot effectively control litigation costs because the parties-not the courts-control claims and defenses as well as the nature and amount of discovery in any given case is contrary to fact; and (2) certain classes of cases may well warrant particularized pleading but that decision should be made by the rulemakers through amendments to the Federal Rules of Civil Procedure and not by judges on an ad hoc basis.

Phonon-Energy-Coupling-Enhancement Effect And Its Applications, Pang-Leen Ong

University of Kentucky Doctoral Dissertations

Silicon Oxide/Oxynitride (SiO₂/SiON) has been the mainstream material used for gate dielectric for MOS transistors for the past 30 years. The aggressive scaling of the feature size of MOS transistor has limited the ability of SiO₂/SiON to work effectively as the gate dielectric to modulate the conduction of current of MOS transistors due to excess leakage current dominated by direct quantum tunneling. Due to this constraint, alternative gate dielectric/high-k is being employed to reduce the leakage current in order to maintain the rate of scaling of MOS transistors. However, the cost involved in the implementation of …

Strategic Fragility: Infrastructure Protection And National Security In The Information Age, Robert A. Miller, Irving Lachow

Defense Horizons

Modern societies have reached unprecedented levels of prosperity, yet they remain vulnerable to a wide range of possible disruptions. One significant reason for this growing vulnerability is the developed world’s reliance on an array of interlinked, interdependent critical infrastructures that span nations and even continents. The advent of these infrastructures over the past few decades has resulted in a tradeoff: the United States has gained greater productivity and prosperity at the risk of greater exposure to widespread systemic collapse. The trends that have led to this growing strategic fragility show no sign of slowing. As a result, the United States …