Digital Commons Network^™

Is It The "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge The Divide Between Litigation And Arbitration, Suzette M. Malveaux

Publications

Although the scholarly literature is replete with discussion of the pros and cons of mandatory arbitration and civil litigation, relative to one another, there has been no examination of one-way binding arbitration as a potential bridge between these procedural poles. The goal of this article is to fill that void. One-way binding arbitration requires an employee to use arbitration to resolve workplace disputes, but also gives the employee, but not the employer, the option of rejecting the arbitrator’s decision. In the event the employee is not satisfied with the outcome of arbitration, she can still pursue her claim in court. …

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding

Publications

This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is not merely high rates of defaults on consumer loans, but also unpredictable and highly correlated defaults that create risks for both lenders …

The Transformation Of Work, The Disappearance Of 'Workers', And The Future Of Workplace Regulation, Harry W. Arthurs

All Papers

If you have read my curriculum vitae you will not have seen the publication that inspires my remarks this evening. As I was waiting to go off to Harvard to do my master‟s degree, I was offered work revising a publication known as the Canadian Encyclopaedic Digest. In particular I was asked to update the chapter on “street railways” - what you would likely call “trams”. Sections of the chapter covered such illuminating topics as “sounding the gong” and “using the cowcatcher”. It was boring, stupid work, but I had to do It for money. What added injury to insult, …

Reforming The Nafta Investment Regime, Gus Van Harten

All Papers

The discussion in this paper elaborates a tiered set of reforms designed to (1) protect foreign investment, while (2) affording appropriate policy space for governments to develop and regulate their economies in a sustainable manner and (3) ensuring equitable governance of investment disputes such that foreign investors are not privileged, procedurally or substantively, over domestic investors and citizens. The paper includes a detailed appendix with proposed reforms to the NAFTA Chapter 11 text.

The Sony Legacy: Secondary Liability Perspectives, Robert I. Reis

Journal Articles

No abstract provided.

Private Norms And Public Spaces, Nicole Stelle Garnett

Journal Articles

This Essay explores the role of private norms in the allocation of urban public spaces as well as local governments' efforts to enforce these norms. The Essay was prepared for the 2008 Brigham-Kanner Property Rights Conference, William and Mary School of Law, as a tribute to Robert Ellickson. community policing, informal norms

Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett

Journal Articles

The First Amendment’s “Establishment Clause” is widely thought to protect “conscience.” Does it? If so, how? It is proposed in this paper that the no-establishment rule does indeed promote and protect religious liberty, and does safeguard conscience, but not (or, at least, not only) in the way most people think it does, namely, by sparing those who object from the asserted injury to their conscience caused by public funding of religious activity.

The Supreme Court’s decision in Hein v. Freedom from Religion Foundation - a case in which the Justices limited taxpayer standing to bring Establishment Clause claims - reminds …

Does "Proceeds" Really Mean "Net Profits"? The Supreme Court's Efforts To Diminish The Utility Of The Federal Money Laundering Statute, Jimmy Gurulé

Journal Articles

The Supreme Court’s decision in United States v. Santos is severely hampers the fight against drug traffickers, terrorists, mobsters and white collar criminals. It restricts the scope of the money laundering statute, defining the term “proceeds” in it as net profits, not gross receipts from unlawful activity. This imposes an unreasonable and unwarranted burden on prosecutors to prove net criminal profits, money acquired beyond the defendant’s overhead expenses from unlawful activities. The court’s holding also restricts other provisions of the money laundering statute, such as the concealment theory of money laundering, and it creates confusion over whether the Court’s restrictive …

Religious Freedom, Church Autonomy, And Constitutionalism, Richard W. Garnett

Journal Articles

Our topic at this symposium is "religion, the state, and constitutionalism"-not "the Constitution," or "the First Amendment," but "constitutionalism." Countless conferences, cases, books, and articles have wrestled with one version or another of the question, "how does our Constitution, with its First Amendment and its religion clauses, promote, protect, or perhaps restrain religion?" We are considering, it seems to me, a question that is different, and that is different in interesting and important ways: What are connections between religion and religious freedom, on the one hand, and constitutionalism, on the other?

For Peter, With Love, John Henry Schlegel

Journal Articles

No abstract provided.

Teaching Women With High Body Concerns To Become The Teachers: A Two-Pronged Cognitive Dissonance Intervention, Rachael E. Kroening

Graduate Theses/Dissertations

Women with high levels of body dissatisfaction have repeatedly demonstrated significant improvements in body image following cognitive dissonance-based interventions. The current research project consisted of a two-pronged intervention. One intervention closely replicated previous studies by using the process of cognitive dissonance to improve body image among female college students. The second aspect of the study required the women to develop and implement a body image intervention with 3rd-4th grade children. The goals of these intervention included improving body image among college women and increasing positive body image in young children through a peer-led intervention. Seven female college participants with high …

Growth And Characterization Of Chromium Doped Indium Oxide Diluted Magnetic Semiconductors, Ndubuisi Benjamin Ukah

Graduate Theses/Dissertations

Recently, enormous research efforts have been directed at diluted magnetic semiconductors (DMS) critical for realization for multi-functional spintronic devices. However, the origin of electronic and magnetic properties in DMS is not well understood. This study is aimed to better understand the structural, optical, magnetic, and magneto-transport property relationships of Cr-doped In2O3 (In2O3:Cr) DMS grown under different partial oxygen pressures on sapphire substrates using pulsed laser deposition technique. The thin films were characterized using various state-of-the-art techniques such as x-ray diffraction (XRD), UV-VIS spectroscopy, magnetotransport, and SQUID magnetometer. Expansions in lattice parameter (10.10 Å to 10.34 Å) and crystal size (13.9 …

What’S In A Name? Managing Multiple Organizational Identities In A Catholic University, Sarah Bonewits Feldner, Scott C. D'Urso

College of Communication Faculty Research and Publications

This paper examines the situation surrounding a proposed nickname change for Marquette University. The analysis draws upon current work that explores multiple organizational identities and stakeholder participation in making such a decision. The article focuses on Catholic universities and considers tensions that emerge as the faith mission interacts with the secular purposes of the organization. We argue that, rather than focusing on the faith-mission alone, Catholic universities are at their best when they attend to multiple identity targets when communicating decisions to various constituency groups.

The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland

College of Communication Faculty Research and Publications

This essay urges scholars in media law and ethics to reevaluate the extent and utility of their public-scholar efforts and to consider ways that they can transfer research-based knowledge to public audiences while also playing a more deliberate role in holding media and government institutions accountable. It suggests that the devolution of standards in mass communication, the increasing encroachments on media autonomy, and the broader collapse of power into fewer hands make this a particularly urgent moment for scholars to reengage the public and to abandon their feckless neutrality on public issues. The overarching aim of public scholars ought to …

What’S In A Name? Managing Multiple Organizational Identities In A Catholic University, Sarah Bonewits Feldner, Scott C. D'Urso

College of Communication Faculty Research and Publications

This paper examines the situation surrounding a proposed nickname change for Marquette University. The analysis draws upon current work that explores multiple organizational identities and stakeholder participation in making such a decision. The article focuses on Catholic universities and considers tensions that emerge as the faith mission interacts with the secular purposes of the organization. We argue that, rather than focusing on the faith-mission alone, Catholic universities are at their best when they attend to multiple identity targets when communicating decisions to various constituency groups.

Anticipatory Smiling: Linking Early Affective Communication And Social Outcome, Meaghan Venezia Parlade, Daniel S. Messinger, Christine E.F. Delgado, Marygrace Yale Kaiser, Amy V. Van Hecke, Peter C. Mundy

Psychology Faculty Research and Publications

In anticipatory smiles, infants appear to communicate pre-existing positive affect by smiling at an object and then turning the smile toward an adult. We report two studies in which the precursors, development, and consequences of anticipatory smiling were investigated. Study 1 revealed a positive correlation between infant smiling at 6 months and the level of anticipatory smiling at 8 and 10 months during joint attention episodes, as well as a positive correlation between anticipatory smiling and parent-rated social expressivity scores at 30 months. Study 2 confirmed a developmental increase in the number of infants using anticipatory smiles between 9 and …

The Freedom Ring: Making Grutter Matter In School Desegregation Cases, Rachel F. Moran

University of Miami Law Review

No abstract provided.

Memory Lost: Brown V. Board And The Constitutional Economy Of Liberty And Race, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

John Roberts's Formalist Nightmare, Steven L. Winter

University of Miami Law Review

No abstract provided.

Sleight Of Hand Or The Old Bait & Switch?: Article Iii And The Politics Of Self-Policing By The Court In Parents Involved, Zanita E. Fenton

University of Miami Law Review

No abstract provided.

Changing, Not Balancing, The Market: Economic Politics And "Social" Programs, Martha T. Mccluskey

Contributions to Books

Published in Progressive Lawyering, Globalization, and Markets: Rethinking Ideology and Strategy, Claire Dalton, ed.

Private Import Safety Regulation And Transnational New Governance, Errol E. Meidinger

Contributions to Books

Published as Chapter 12 in Import Safety: Regulatory Governance in the Global Economy, Cary Coglianese, Adam M. Finkel & David Zaring, eds.

This paper examines the role of ‘private’ (non-governmental) regulatory programs in assuring the safety of imported products. Focusing particularly on food safety it argues that private regulatory institutions have great capacity to control safety hazards and to implement dynamic systems for detecting and correcting nascent risks. However, to establish the accountability and legitimacy relationships necessary for long-term effectiveness, private safety regulatory programs must devise new ways of incorporating and responding to the interests of developing country producers, laborers, …

Judicial Review, Local Values, And Pluralism, Richard W. Garnett

Journal Articles

At the Federalist Society's 2008 National Student Symposium, a panel of scholars was asked to consider the question, does pervasive judicial review threaten to destroy local identity by homogenizing community norms? The answer to this question is yes, pervasive judicial review certainly does threaten local identity, because such review can homogenize[e] community norms, either by dragging them into conformity with national, constitutional standards or (more controversially) by subordinating them to the reviewers' own commitments. It is important to recall, however, that while it is true that an important feature of our federalism is local variation in laws and values, it …

The Role Of Health Kiosks In 2009: Literature And Informant Review., R Jones

School of Nursing and Midwifery

No abstract provided.

Regulation Of The Fibrosis And Angiogenesis Promoter Sparc/Osteonectin In Human Adipose Tissue By Weight Change, Leptin, Insulin, And Glucose., Katrina Kos, Steve Wong, Bee Tan, Anders Gummesson, Margareta Jernas, Niclas Franck, David Kerrigan, Fredrik H. Nystrom, Lena M.S. Carlsson, Harpal S. Randeva, Jonathan H. Pinkney, John P.H. Wilding

Peninsula Medical School

OBJECTIVE: Matricellular Secreted Protein, Acidic and Rich in Cysteine (SPARC), originally discovered in bone as osteonectin, is a mediator of collagen deposition and promotes fibrosis. Adipose tissue collagen has recently been found to be linked with metabolic dysregulation. Therefore, we tested the hypothesis that SPARC in human adipose tissue is influenced by glucose metabolism and adipokines. RESEARCH DESIGN AND METHODS: Serum and adipose tissue biopsies were obtained from morbidly obese nondiabetic subjects undergoing bariatric surgery and lean control subjects for analysis of metabolic markers, SPARC, and various cytokines (RT-PCR). Additionally, 24 obese subjects underwent a very-low-calorie diet of 1,883 kJ …

Longitudinal Evaluation Of South West Peninsula Deanery F1 Doctors, Nicola Brennan, Oonagh Corrigan

Peninsula Medical School

EXECUTIVE SUMMARY.BackgroundIn 2007 and 2008, the first and second cohorts of Peninsula Medical School (PMS) students graduated. Of the 232 graduates, 75% (174) gained Foundation Year 1 (F1) positions in the South West Peninsula Deanery (SWPD).ObjectivesThe objectives of the study are:1. to provide a systematic evaluation of the performance and preparedness of the first and second cohorts of PMS graduates based in the F1 programme in the SWPD;2. to compare the performance and preparedness of PMS graduates with graduates of other medical schools based in the F1 programme in the SWPD;3. to explore F1 doctors’ experience of transition from medical …

Position Of The American Dietetic Association: Vegetarian Diets, Winston J. Craig, Ann Reed Mangels

Faculty Publications

It is the position of the American Dietetic Association that appropriately planned vegetarian diets, including total vegetarian or vegan diets, are healthful, nutritionally adequate, and may provide health benefits in the prevention and treatment of certain diseases. Well-planned vegetarian diets are appropriate for individuals during all stages of the life cycle, including pregnancy, lactation, infancy, childhood, and adolescence, and for athletes. A vegetarian diet is defined as one that does not include meat (including fowl) or seafood, or products containing those foods. This article reviews the current data related to key nutrients for vegetarians including protein, n-3 fatty acids, iron, …

Faculty Should Consider Peer Review As A Means Of Improving Students' Scientific Reasoning Skills, Briana Timmerman, Denise Strickland

Journal of the South Carolina Academy of Science

No abstract provided.

Improving Diversity In Phd Programs In The Biological Sciences At Usc, Bert Ely

Journal of the South Carolina Academy of Science

No abstract provided.

Downregulation Of Hiv-1 Vif By A Hammerhead Ribozyme Expressed From A Retroviral Vector, Audrey M. Hendley, William Jackson

Journal of the South Carolina Academy of Science

No abstract provided.