Digital Commons Network^™

Are We Over-Lawyering International Affairs, Philip C. Bobbitt, John D. Hutson, John C. Yoo, Philip D. Zelikow, Edwin D. Williamson

Faculty Scholarship

This panel will discuss the role of lawyers — particularly government lawyers — in addressing questions of legal policy. We will discuss fundamental questions such as: Should lawyers decide legal policy? Or, is that best left to the policymakers? Should lawyers give advice as to legal policy, or should they stick to providing answers as to what the law is? How should lawyers respond to what a policymaker thinks is the legal question, but is really a question of legal policy? If lawyers find the law vague or lacking, should they fill in the gaps, advising as to what the …

From Reform To Reduction: Reports On The Management Of Navy And Department Of Defense Laboratories In The Post-Cold War Era, J. Eric Hazell

Books

This book reviews approximately 65 of the significant reports issued on Department of Defense (DOD) and Department of the Navy (DON) management of research, development, test, and evaluation (RDT&E) from the end of the Cold War through the late 1990s. It is designed for two primary audiences: (1) DOD, congressional, and other government staff who need an accessible overview and quick reference and bibliographic guide to issues during that period; and (2) researchers and historians, especially those interested in available sources. The book is organized both chronologically and thematically, and engages some of the principal arguments, regarding management of defense …

E-Disclosure In International Arbitration, Robert H. Smit, Tyler B. Robinson

Faculty Scholarship

Electronically stored documents, in particular, emails, have rapidly become perhaps the most important source of evidence in commercial business disputes of virtually every kind. In the United States, new rules of court procedure seek to address the scope and conduct of discovery of electronic documents, which present unique challenges for litigants that discovery rules and principles designed with hardcopy documents in mind are ill-equipped to address. The same issues arise for international commercial arbitration but no guidelines tailored to the unique nature of international arbitration have yet been devised. This article surveys the unique issues and problems that arise in …

Goose Pond, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Overcoming Cultural Blindness In International Clinical Collaboration: The Divide Between Civil And Common Law Cultures And Its Implications For Clinical Education, Philip Genty

Faculty Scholarship

This essay reflects upon the work that U.S. clinical teachers have done in helping to bring clinical methodology to law schools in European civil law jurisdictions. The essay examines some of the differences between the U.S. common law and European civil law systems with respect to the conception, teaching, and practice of law. The essay suggests that U.S. clinical teachers have not been sufficiently sensitive to these differences in legal culture. The essay describes five core differences between the two systems and their implications for effective clinical education in civil law systems. The essay concludes with recommendations for future cross-cultural …

The Permissible Reach Of National Environmental Policies, Henrik Horn, Petros C. Mavroidis

Faculty Scholarship

Trading nations exchange tariff concessions in the context of trade liberalizing rounds. Tariffs, nonetheless, are not the only instrument affecting the value of a concession. Domestic instruments affect it as well, but public order is not negotiable, and, consequently, is not scheduled. Public order is unilaterally defined, but must respect the default rules concerning allocation of jurisdiction which are common to all WTO Members and bind them by virtue of their appurtenance to the international community. In this paper, we focus on the interaction between trade and environment. The purpose of this study is to highlight how these rules and …

Het Acid Based Oligoesters – Tga/Ftir Studies, Thangamani Rajkumar, Chinnaswamy Thangavel Vijayakumar, Palanichamy Sivasamy, Charles A. Wilkie

Chemistry Faculty Research and Publications

One of the important reactive halogenated dicarboxylic acids used in the synthesis of flame retardant unsaturated polyester resins is 1,4,5,6,7,7-hexachlorobicyclo [2.2.1] hept-5-ene-2,3-dicarboxylic acid (HET acid). In the present investigation four different oligoesters are synthesized using HET acid as the diacid component and 1,2-ethane diol, 1,2-propane diol, 1,3-propane diol and 1,4-butane diol as the aliphatic diols. Melt condensation technique in vacuum is used for the synthesis of the oligoesters. The number average molecular weights of the oligoesters are determined using end group analysis. The degree of polymerization is estimated to be 3–5. The structural characterization is done using FTIR and NMR …

Giving The Constitution To The Courts, Jamal Greene

Faculty Scholarship

Judicial supremacy is the new judicial review. From the time Alexander Bickel introduced the term "countermajoritarian difficulty" in 1962 until very recently, justifying judicial authority to strike down legislation in a nation committed to democratic self-government was the central problem of constitutional theory. But many who had satisfied themselves as to the legitimacy of judicial review have since taken up the related but distinct question of whether, though legitimate, constitutional interpretation should be the exclusive province of the judiciary. That is, is it ever appropriate to locate constitutional interpretive authority outside of constitutional courts, whether within the coordinate branches of …

Reputational Sanctions In China's Securities Market, Benjamin L. Liebman, Curtis J. Milhaupt

Faculty Scholarship

Literature suggests two distinct paths to stock market development: an approach based on legal protections for investors, and an approach based on self-regulation of listed companies by stock exchanges. This Essay traces China's attempts to pursue both approaches, while focusing primarily on the role of the stock exchanges as regulators. Specifically, the Essay examines a fascinating but unstudied aspect of Chinese securities regulation – public criticism of listed companies by the Shanghai and Shenzhen exchanges. Based on both event study methodology and extensive interviews of market actors, we find that the public criticisms have significant effects on listed companies and …

Ape 205, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Figures 1.1-1.16: Advanced political economy data charts [Chart packet on industrial production, investment, output, business cycles, prices, wages, unemployment, and projected U.S. and U.K. long waves]. (n.d.).
• The New School for Social Research. (2008, Spring). GECO 6205 Advanced Political Economy 2 attendance sheet [Completed course attendance record].
• Tran, L. (2008, February 7). Attendance policy [Faculty memorandum with Student Non-Attendance Form].
• Shaikh, A. (2000, September). The economic analysis of advanced capitalism I [Annotated Economics 204 / Advanced Political Economy I syllabus and reading outline].
• Shaikh, A. (2008, Spring). The economic analysis of advanced capitalism [Annotated Economics 205 / …

Market Damages, Efficient Contracting, And The Economic Waste Fallacy, Alan Schwartz, Robert E. Scott

Faculty Scholarship

Market damages are the best default rule when parties trade in thick markets: They induce parties to contract efficiently and to trade if and only if trade is efficient, and they do not create ex ante inefficiencies. Courts commonly overlook these virtues, however, when promisors bundle services that are not separately priced. For example, a promisor may agree to pay royalties on a mining lease and later to restore the promisee's property. When the cost of completion is large relative to the "market delta " – the increase in market value – courts concerned with avoiding "economic waste" limit the …

Juvenile Onset Central Nervous System Folate Deficiency And Rheumatoid Arthritis, Mary Kay Koenig, Maria Perez, Sheldon Rothenberg, Ian J Butler

Faculty, Staff and Student Publications

Isolated cerebral folate deficiency was detected in a 13-year-old girl with cognitive and motor difficulties and juvenile rheumatoid arthritis. Her serum contains autoantibodies that block membrane-bound folate receptors that are on the choroid plexus and diminish the uptake of folate into the spinal fluid. Whereas her serum folate exceeded 21 ng/mL, her spinal fluid contained 3.2 ng/mL of 5-methyltetrahydrofolate as a consequence of the autoantibodies diminishing the uptake of this folate.

Large Scale Variation In Enterococcus Faecalis Illustrated By The Genome Analysis Of Strain Og1rf, Agathe Bourgogne, Danielle A Garsin, Xiang Qin, Kavindra V Singh, Jouko Sillanpaa, Shailaja Yerrapragada, Yan Ding, Shannon Dugan-Rocha, Christian Buhay, Hua Shen, Guan Chen, Gabrielle Williams, Donna Muzny, Arash Maadani, Kristina A Fox, Jason Gioia, Lei Chen, Yue Shang, Cesar A Arias, Sreedhar R Nallapareddy, Meng Zhao, Vittal P Prakash, Shahreen Chowdhury, Huaiyang Jiang, Richard A Gibbs, Barbara E Murray, Sarah K Highlander, George M Weinstock

Faculty, Staff and Student Publications

BACKGROUND: Enterococcus faecalis has emerged as a major hospital pathogen. To explore its diversity, we sequenced E. faecalis strain OG1RF, which is commonly used for molecular manipulation and virulence studies.

RESULTS: The 2,739,625 base pair chromosome of OG1RF was found to contain approximately 232 kilobases unique to this strain compared to V583, the only publicly available sequenced strain. Almost no mobile genetic elements were found in OG1RF. The 64 areas of divergence were classified into three categories. First, OG1RF carries 39 unique regions, including 2 CRISPR loci and a new WxL locus. Second, we found nine replacements where a sequence …

Anatomy/ Physiology Lab, Steelman Library, B Mcconchie Dr.

Syllabus Repository

No abstract provided.

Accounting Information Systems, Christopher M. Fairchild

Syllabus Repository

No abstract provided.

Forensic Accounting, William Hahn

Syllabus Repository

No abstract provided.

Biblical Exposition & Faith Integration, Robby Waddell Dr.

Syllabus Repository

No abstract provided.

Rules For Donations To Tissue Banks: What Next?, George J. Annas

Faculty Scholarship

Michael Crichton's Next is a fictional creation of multiple catastrophes emanating from the real-life case of John Moore, in which the California Supreme Court ruled in 1990 that Moore did not own his cells after they were removed from his body. As human tissue has become commercially useful, and as tissue banks storing and providing samples for research have flourished, the question of who owns the tissue has become more vital. Next got mixed reviews, but even many scientists, such as Michael Goldman, who reviewed the book in Nature, agree with Crichton that it is imperative that we “establish clear …

Forgiveness And Prayer, Mark R. Mcminn, Heath Fervida, Keith A. Louwerse, Jennifer L. Pop, Ryan Dale Thompson, Bobby L. Trihub, Susan Mcleod-Harrison

Faculty Publications - Doctor of Psychology (PsyD) Program

Forgiveness and prayer are both topics of contemporary social science research, but they are not often considered together. The present study investigates how Christian respondents portray prayer when describing the process of interpersonal forgiveness. Just over half of the respondents mentioned prayer as an important part of forgiveness at their first opportunity in a structured interview protocol. Prayer responses were coded as inward, upward, or outward, with inward prayers being the most common. The narrative descriptions of inward prayer resemble Worthington's (2001, 2003) REACH model of the forgiveness process.

Positive Coping Among Wives Of Male Christian Clergy, Mark R. Mcminn, Sarah P. Kerrick, Susan Duma, Emma R. Campbell, Jane B. Jung

Faculty Publications - Doctor of Psychology (PsyD) Program

Clergy spouses experience various life stressors, yet many cope and function effectively in the midst of their daily challenges. Mental health professionals were asked to identify wives of male clergy who exemplify emotional and spiritual health. Nominees were contacted and interviews conducted with 25 women. Each interviewee was asked about coping with normal life stressors, stressors associated with being married to a minister, and catastrophic life events. All interviews were transcribed and coded, using grounded theory. Participants emphasized the importance of spirituality, social support, limit-setting, and healthy lifestyle choices. Implications are discussed.

Divided By Sin (Chapter 1 From Sin And Grace In Christian Counseling), Mark R. Mcminn

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

"The Anchor Of The Soul That Enters Within The Veil": The Ascension Of The "Son" In The Letter To The Hebrews, Felix H. Cortez

Faculty Publications

Problem This dissertation studies the nature of Jesus’ ascension to heaven and its role in the argument of Hebrews. Method The study consists of an analysis of those passages in which Jesus’ ascension is referred to directly (Heb 1:6; 4:14-16; 6:19-20; 9:11-14, 24; 10:19-22) and a study of the imagery Hebrews uses to couch its theology, giving special attention to the role of this imagery in the progression of the argument. The study is both exegetical and theological in nature, seeking to provide an analysis of specific passages as well as systematization of their import. Results The six passages that …

Preaching To Jews And Gentiles, Robert M. Johnston

Journal of Adventist Mission Studies

No abstract provided.

Making Spiritual Sense: Christian Leaders As Spiritual Interpreters [Review] / Cormode,S., Skip Bell

Journal of Applied Christian Leadership

No abstract provided.

Primal Leadership: Realizing The Power Of Emotional Intelligence [Review] / Goleman, D., Boyatzis, R., & Mckee, A., Stanley E. Patterson

Journal of Applied Christian Leadership

No abstract provided.

Junk Dna? (Faith & Science Update), John T. Baldwin

Perspective Digest

No abstract provided.

How To Know If A Bible Principle Applies Today, Roy Gane

Perspective Digest

No abstract provided.

I Rest My Case, Richard M. Davidson

Perspective Digest

No abstract provided.

Motivation And The Placebo Response : Predicting Non-Specific Therapeutic Benefits From The Concordance Of Therapeutic Rituals With High-Level Goals, Ben Whalley

School of Psychology Theses

Predicting individual differences in placebo responding has proved hard. Predictions from dispositional or personality variables are unreliable for two reasons: first, because dispositional predictions fail to account for situational variability, and second, because the dimensions identified in popular dispositional models are inter-individual variables, and may not map on to intra-individual structures and processes involved in placebo effects. This thesis describes a new psychological mechanism of placebo responding—motivational concordance—which links placebos with established research on human values and goal-striving. Progress towards goals, particularly goals which are self-actualising, is associated with positive emotional states. Findings presented here support the view that when …

Exploring The Factors That Shaped The Early Adventist Mission To Jamaica, Trevor O'Reggio

Journal of the Adventist Theological Society

No abstract provided.