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2009

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Web Site Proprietorship And Online Harassment, Nancy S. Kim Jan 2009

Web Site Proprietorship And Online Harassment, Nancy S. Kim

Utah Law Review

Although harassment and bullying have always existed, when such behavior is conducted online, the consequences can be uniquely devastating. The anonymity of harassers, the ease of widespread digital dissemination, and the inability to contain and/or eliminate online information can aggravate the nature of harassment on the Internet. Furthermore, section 230 of the Communications Decency Act provides Web site sponsors with immunity for content posted by others and no incentive to remove offending content.


Combating Global White Supremacy In The Digital Era, Jessie Daniels Jan 2009

Combating Global White Supremacy In The Digital Era, Jessie Daniels

Publications and Research

This chapter explores both the ability of white supremacists to connect globally through Internet technologies, and considers international efforts to combat white supremacy. The United States is not a willing partner in fighting white supremacy online due to certain interpretations of the first amendment. However, absolutist views of free speech contradict the Supreme Court of the US which has ruled that there is a burning cross is not protected by the first amendment. Failing to take action against white supremacy online, the US functions as a global haven for hate speech.


Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams Jan 2009

Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams

Faculty Scholarship

No abstract provided.


Burning Shoes And The Spirit World: The Charade Of Neutrality, Frank H. Wu Jan 2009

Burning Shoes And The Spirit World: The Charade Of Neutrality, Frank H. Wu

Faculty Scholarship

No abstract provided.


Israel's Invasion Of Gaza In International Law, George Bisharat, Timothy Crawley, Sar Elturk, Carey James, Rose Mishaan, Akila Radhakrishnan, Anna Sanders Jan 2009

Israel's Invasion Of Gaza In International Law, George Bisharat, Timothy Crawley, Sar Elturk, Carey James, Rose Mishaan, Akila Radhakrishnan, Anna Sanders

Faculty Scholarship

No abstract provided.


A Comparison Of Development Times For Protophormia Terraenovae (R-D) Reared On Different Food Substrates, J.-A. Warren, G. S. Anderson Jan 2009

A Comparison Of Development Times For Protophormia Terraenovae (R-D) Reared On Different Food Substrates, J.-A. Warren, G. S. Anderson

Faculty Research, Scholarly, and Creative Activity

Experiments were conducted to determine whether a specific larval substrate impacted immature development rates. Protophormia terraenovae was raised on beef organs and compared with whole carcasses (rat), to determine if discrepancies in development times were observed. The minimum development time on beef liver was the most consistent with the rat carcass but a significant difference between all substrates was found after the third instar. These differences can be explained by the differences found between heart and muscle and the other substrates. Often length of the larvae is used to estimate insect age and so Day 2 measuring of weight, length, …


Latina/Os' And Latina/O Legal Studies: A Critical And Self-Critical Review Of Latcrit Theory And Legal Models Of Knowledge Production, Margaret E. Montoya, Francisco Valdes Jan 2009

Latina/Os' And Latina/O Legal Studies: A Critical And Self-Critical Review Of Latcrit Theory And Legal Models Of Knowledge Production, Margaret E. Montoya, Francisco Valdes

Faculty Scholarship

For the twelfth time in as many years, the LatCrit community convened its annual conference to underscore the importance of location and locality in the work that we do. The conference theme's framing around Critical Localities: Epistemic Communities, Rooted Cosmopolitans and Knowledge Processes not only focused our collective attention on questions of epistemic community and intellectual (as well as physical) location, but also invited reflection on the meanings we inscribe onto the positions we elect to stake out for ourselves and our work in light of the options and traditions that serve as background. The "Critical Localities" theme invites an …


Madison In Post-9/11 Cyberspace: Applying Federalist No. 10 To The Online Battle For ‘Hearts And Minds’, Dawinder S. Sidhu Jan 2009

Madison In Post-9/11 Cyberspace: Applying Federalist No. 10 To The Online Battle For ‘Hearts And Minds’, Dawinder S. Sidhu

Faculty Scholarship

To be sure, there are at least a few problems with the approach of drawing upon the Framers for guidance with respect to the issues of the day. First, the Framers did not reach consensus on all matters. The famous rivalry between the Alexander Hamilton, a staunch nationalist from New York who favored a strong federal banking system and central government, and Jefferson, a republican from Virginia who preferred an agrarian lifestyle and trusted the people to do right by American society, perhaps best illustrates the fact that the Framers themselves were not in lockstep as to the makeup of …


On Appeal: Reviewing The Case Against The Death Penalty, Dawinder S. Sidhu Jan 2009

On Appeal: Reviewing The Case Against The Death Penalty, Dawinder S. Sidhu

Faculty Scholarship

There is perhaps a no more divisive and significant issue in the United States than that of capital punishment./ The debate over the death penalty is of vital import and intrigue because it involves death, the termination of an individual's known existence. Not only does the death penalty involve death, but more properly, it involves the deliberate taking of life.3 It is precisely because the death penalty involves the willful extermination of human life that the debate must be thoroughly examined. This article attempts to add this needed clarity by evaluating the various arguments against the death penalty.


Wartime America And The Wire: A Response To Posner’S Post-9/11 Constitutional Framework, Dawinder S. Sidhu Jan 2009

Wartime America And The Wire: A Response To Posner’S Post-9/11 Constitutional Framework, Dawinder S. Sidhu

Faculty Scholarship

This article challenges Not a Suicide Pact by using a single component of practical experience that has factored into legal reasoning: television. In particular, it will invoke various themes from The Wire—an HBO series that explores the relationship between the drug trade and law enforcement in Baltimore, Maryland—to demonstrate the problematic nature of the aforementioned arguments set forth in Posner’s book.


Evaluating The Sentencing Of Non-Violent Drug Offenders, Christopher Joseph Koch Jan 2009

Evaluating The Sentencing Of Non-Violent Drug Offenders, Christopher Joseph Koch

Dissertations and Theses @ UNI

A great deal of criminological literature asserts that many non-violent drug offenders are being unnecessarily incarcerated in our nation's prisons. This argument suggests that those offenders typically specialize solely in drug crimes and alternative sanctions would be the most logical and cost-effective way to handle this growing segment of offenders. The purpose of the current research is to examine sentences for non-violent drug convictions and to assess whether presumably non-violent drug offenders pose a significant risk or threat to public safety. An analysis of a sample of 530 convicted drug offenders shows the majority do indeed have significant criminal histories …


Differences In Romanian Men's Online Personals By Sexualities, Sebastian E. Bartoş, Voonchin Phua, Erin N. Avery Jan 2009

Differences In Romanian Men's Online Personals By Sexualities, Sebastian E. Bartoş, Voonchin Phua, Erin N. Avery

Sociology Faculty Publications

As Internet usage increases, its ability to provide almost instant connections and to pre-screen potential partners has made it a popular source for meeting people. To contribute to current literature, we examine differences in content between 187 men seeking men and 193 men seeking women in a sample of Romanian (Bucharest) personals in 2007. Results show that men seeking women provide more information about themselves than men seeking men. While the results also show that some Romanian men are more open about expressing their sexualities than others, there are still many obstacles affecting how men choose to share and express …


Gossip At Work: Unsanctioned Evaluative Talk In Formal School Meetings, Tim Hallett, Brent D. Harger, Donna Eder Jan 2009

Gossip At Work: Unsanctioned Evaluative Talk In Formal School Meetings, Tim Hallett, Brent D. Harger, Donna Eder

Sociology Faculty Publications

This article uses a form of linguistic ethnography to analyze videotaped recordings of gossip that took place during formal school meetings. By comparing this gossip data against existing models of gossip based on data collected in informal settings, we identify eleven new response classes, including four forms of indirectness that operate to cloak gossip under ambiguity, and seven forms of avoidance that change the trajectory of gossip. In doing so, this article makes three larger contributions. First, it opens a new front in research on organizational politics by providing an empirically grounded, conceptually rich vocabulary for analyzing gossip in formal …


Evidence Code Section 802: The Neglected Key To Rationalizing The California Law Of Expert Testimony, David L. Faigman, Edward J. Imwinkelried Jan 2009

Evidence Code Section 802: The Neglected Key To Rationalizing The California Law Of Expert Testimony, David L. Faigman, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.


Plain Language Patents, Robin Feldman Jan 2009

Plain Language Patents, Robin Feldman

Faculty Scholarship

No abstract provided.


The Challenge Of Democratic Lawyering, Ascanio Piomelli Jan 2009

The Challenge Of Democratic Lawyering, Ascanio Piomelli

Faculty Scholarship

No abstract provided.


Bullying In Public Schools In Missouri, David A. Copeland Jan 2009

Bullying In Public Schools In Missouri, David A. Copeland

Doctoral Dissertations and Projects

The research conducted sought to find evidence and data to support or lack of support to the following questions: Do school administrators perceive a problem with bullying in their schools in Missouri? Is there a relationship between the victim of bullying and the learning process? Do female adolescents engage in cyber bullying more than male adolescents? Do public schools in Missouri have policies in place that address bullying? The researcher used the Olweus Bullying Prevention Program survey on bullying. The study examined the perceptions and beliefs of the superintendents in the State of Missouri concerning bullying and student responses from …


The Most Evangelistic Kentucky Baptist Churches In Eastern Kentucky, Paul R. Badgett Jan 2009

The Most Evangelistic Kentucky Baptist Churches In Eastern Kentucky, Paul R. Badgett

Doctoral Dissertations and Projects

The purpose of this project is to acknowledge the value and role of the smaller church in Eastern Kentucky as it relates to reaching people for Christ. According to Gary England, Richland Southern Baptist Church in Peoria, Illinois, the average size of a Southern Baptist Church is around one hundred active members. This means that the majority of Southern Baptists are being reached for the kingdom of God by the smaller church. Almost all of the churches in Eastern Kentucky fall into this small church classification. Therefore, this project will attempt to deal with the smaller work, and will seek …


Bridging Academic Writing With Service-Learning: Measuring Student Perceptions And Learning Outcomes Of An Academic Writing Course, Karen Gabrielle Johnson Jan 2009

Bridging Academic Writing With Service-Learning: Measuring Student Perceptions And Learning Outcomes Of An Academic Writing Course, Karen Gabrielle Johnson

Doctoral Dissertations and Projects

The purpose of this study was to determine if there was a significant difference between students who completed a service-learning component and those who did not complete a service-learning component in the areas of student achievement of learning outcomes and perceptions of the course. Proponents of service-learning claim that students write higher quality papers and are more engaged, motivated, and satisfied when they complete a service-learning component. However, these findings are largely based on anecdotal and qualitative evidence that lack empirical evidence to strengthen these claims. This study employed a quasi-experimental design using static group comparison to measure differences between …


Neural Network Demodulation For An Optical Sensor, Rohit Dua, Steve Eugene Watkins, Donald C. Wunsch Jan 2009

Neural Network Demodulation For An Optical Sensor, Rohit Dua, Steve Eugene Watkins, Donald C. Wunsch

Electrical and Computer Engineering Faculty Research & Creative Works

Methods and systems of neural network demodulation for an optical sensor. An optical sensor may be coupled to a structure and be capable of reflecting a reflected optical signal. A wavelength of the reflected optical signal may be spread based on a strain being applied to the structure. A replication device may receive the reflected optical signal from the optical sensor and produce a plurality of optical signals. A filter may be coupled to the replication device to receive an optical signal from the plurality of optical signals and filter the received optical signal. A detector may receive the filtered …


Foreword: Energy And The Environment: Empowering Consumers, Katrina Fischer Kuh Jan 2009

Foreword: Energy And The Environment: Empowering Consumers, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

The conference Energy and the Environment: Empowering Consumers brought together legal scholars, attorneys, scientists, philosophers, journalists, sociologists, elected representatives, and agency experts. This symposium issue of the Hofstra Law Review presents a selection of papers from conference participants that, together, illustrate some of the opportunities, challenges, and diverse questions that arise in the effort to deploy energy and environmental law and policy to embrace individual consumers and combat climate change.


Green Jobs Myths, Andrew P. Morris, William T. Bogart, Andrew Dorchak, Roger E. Meiners Jan 2009

Green Jobs Myths, Andrew P. Morris, William T. Bogart, Andrew Dorchak, Roger E. Meiners

Faculty Scholarship

A rapidly growing literature promises that a massive program of government mandates, subsidies, and forced technological interventions will reward the nation with an economy brimming with green jobs. Not only will these jobs improve the environment, but they will be high paying, interesting, and provide collective rights. This literature is built on mythologies about economics, forecasting, and technology.

In this Article, we survey the green jobs literature, analyze its assumptions, and show how the special interest groups promoting the idea of green jobs have embedded dubious assumptions and techniques within their analyses. Before undertaking efforts to restructure and possibly impoverish …


Agents And Service-Oriented Computing For Autonomic Computing: A Research Agenda, Frances M.T. Brazier, Jeffrey O. Kephart, H. Van Dyke Parunak, Michael N. Huhns Jan 2009

Agents And Service-Oriented Computing For Autonomic Computing: A Research Agenda, Frances M.T. Brazier, Jeffrey O. Kephart, H. Van Dyke Parunak, Michael N. Huhns

Faculty Publications

Autonomic computing is the solution proposed to cope with the complexity of today's computing environments. Self-management, an important element of autonomic computing, is also characteristic of single and multiagent systems, as well as systems based on service-oriented architectures. Combining these technologies can be profitable for all - in particular, for the development of autonomic computing systems.


Estimating The Effect Of Damages Caps In Medical Malpractice Cases: Evidence From Texas, David A. Hyman, Bernard Black, Charles Silver, William M. Sage Jan 2009

Estimating The Effect Of Damages Caps In Medical Malpractice Cases: Evidence From Texas, David A. Hyman, Bernard Black, Charles Silver, William M. Sage

Faculty Scholarship

Using claim-level data, we estimate the effect of Texas's 2003 cap on non-economic damages on jury verdicts, post-verdict payouts, and settlements in medical malpractice cases closed during 1988–2004. For pro-plaintiff jury verdicts, the cap affects 47-percent of verdicts and reduces mean allowed non-economic damages, mean allowed verdict, and mean total payout by 73-percent, 38-percent, and 27-percent, respectively. In total, the non-econ cap reduces adjusted verdicts by $156M, but predicted payouts by only $60M. The impact on payouts is smaller because a substantial portion of the above-cap damage awards were not being paid to begin with. In cases settled without trial, …


Cuotas Y Tasa Suplementaria En El Sector Lácteo En Cataluña [Quota And Super Levy In The Cow Milk Sector], Vanessa Casado-Pérez, Anna Ginès-Fabrellas, Patricia Gómez-González, Aroa Saiz-Jiménez Jan 2009

Cuotas Y Tasa Suplementaria En El Sector Lácteo En Cataluña [Quota And Super Levy In The Cow Milk Sector], Vanessa Casado-Pérez, Anna Ginès-Fabrellas, Patricia Gómez-González, Aroa Saiz-Jiménez

Faculty Scholarship

El Reglamento 856/84/CE instaura en el seno de la Unión Europea el régimen de cuotas lecheras y tasa suplementaria, con la finalidad de restringir la producción de leche de vaca. Dicha limitación al libre mercado ha afectado al precio de la leche y ha generado transformaciones importantes en la estructura productiva del sector ganadero catalán. Actualmente se debate la posibilidad de la supresión del régimen de cuotas lecheras y tasa suplementaria. La supresión de esta medida proteccionista conllevaría un aumento de la producción, una caída en el precio y una mayor intensificación de las explotaciones ganaderas. El objetivo de este …


Are You A Boy Or A Girl - Show Me Your Real Id, James Mcgrath Jan 2009

Are You A Boy Or A Girl - Show Me Your Real Id, James Mcgrath

Faculty Scholarship

Although many official documents and forms of identification contain a sex or gender identifier, gender, as a category on these documents, is not very helpful in confirming a person's identity. If the purpose of the inclusion of gender on official documents is to accurately identify an individual, technological advances have given us more accurate methods of ensuring a person's identity. Technologies such as fingerprinting, facial recognition and retinal scans are far superior methods of determining whether a person is who they claim to be. The use of gender or sex on identification cards does little to positively identify individuals, and …


Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres Jan 2009

Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres

Faculty Scholarship

It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and …


Stability Of Linear Flocks On A Ring Road, J. J. P. Veerman, Carlos Martins Da Fonseca Jan 2009

Stability Of Linear Flocks On A Ring Road, J. J. P. Veerman, Carlos Martins Da Fonseca

Mathematics and Statistics Faculty Publications and Presentations

We discuss some stability problems when each agent of a linear flock on the line interacts with its two nearest neighbors (one on either side).


A Single Particle Impact Model For Motion In Avalanches, J. J. P. Veerman, Dacian Daescu, M. J. Romero-Vallés, P. J. Torres Jan 2009

A Single Particle Impact Model For Motion In Avalanches, J. J. P. Veerman, Dacian Daescu, M. J. Romero-Vallés, P. J. Torres

Mathematics and Statistics Faculty Publications and Presentations

We describe the global behavior of the dynamics of a particle bouncing down an inclined staircase. For small inclinations all orbits eventually stop (independent of the initial condition). For large enough inclinations all orbits end up accelerating indefinitely (also independent of the initial conditions). There is an interval of inclinations of positive length between these two. In that interval the behavior of an orbit depends on its initial condition. In addition to stopping and accelerating orbits, there are also orbits with speeds bounded away from both zero and infinity. A second hallmark of the dynamics is that the orbits going …


Measuring Insider Trading Damages For A Private Plaintiff, William K.S. Wang Jan 2009

Measuring Insider Trading Damages For A Private Plaintiff, William K.S. Wang

Faculty Scholarship

No abstract provided.