Digital Commons Network^™

Regulating Conflicts Of Interest In Research: The Paper Tiger Needs Real Teeth, Jesse A. Goldner J.D.

All Faculty Scholarship

This article describes the current state of the regulation of financial conflicts of interest in research in the United States. It notes the implications of the changing academic and private research environment and reviews recent empirical research on (1) the perceived implications of such conflicts on clinician and researcher behavior, and (2) the effect of disclosure of such conflicts to potential research participants. The article also details a number of widely publicized research “scandals” involving conflicts of interest and the effects these may have on both public support for research as well as on the quality of care that ultimately …

Place Mattters (Most): An Empirical Study Of Prosecutorial Decision-Making In Death-Eligible Cases, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman

All Faculty Scholarship

This article investigates prosecutorial discretion in death penalty prosecution in Missouri. Based upon an empirical analysis of all intentional-homicide cases from 1997-2001, this article concludes that Missouri law gives prosecutors unconstitutionally broad discretion in charging these cases. This article also finds that prosecutors exercise this broad discretion differently, leading to geographic and racial disparities in sentencing, and concludes with proposals for statutory reform.

The Precarious Situation Of Human Rights In The United States In Normal Times And After September 11, 2001 (La Situación Precaria De Los Derechos Humanos En Estados Unidos En Tiempos Normales Y Después Del 11 De Septiembre De 2001) (Spanish), Stephen C. Thaman

All Faculty Scholarship

The paper criticizes the impact of U. S. American criminal law and procedure on the human rights of U. S. citizens in normal times and the changes that have occurred since the terrorist attacks of September 11, 2001. It deals with racial profiling, the death penalty, Draconian prison sentences in normal times, and the use of unlimited detention, torture and expanded powers of wiretapping and evidence gathering since the attacks of 9-11.

Note: downloadable document is in Spanish

Shareholders In The Jury Box: A Populist Check Against Corporate Mismanagement, Ann M. Scarlett

All Faculty Scholarship

The recent subprime mortgage disaster exposed corporate officers and directors who mismanaged their corporations, failed to exercise proper oversight, and acted in their self-interest. Two previous waves of corporate scandals in this decade revealed similar misconduct. After the initial scandals, Congress and the Securities and Exchange Commission attempted to prevent the next crisis in corporate governance through legislative and regulatory actions such as the Sarbanes-Oxley Act of 2002. Those attempts failed. Shareholder derivative litigation has also failed because judges accord corporate executives great deference and thus rarely impose liability for breaches of fiduciary duties.

To prevent the next crisis in …

Publicity, Pressure, And Environmental Legislation: The Untold Story Of Availability Campaigns, Molly J. Walker Wilson

All Faculty Scholarship

The availability heuristic — a cognitive rule of thumb whereby events that are easily brought to mind are judged to be more likely — is employed by decision-makers on a daily basis. Availability campaigns occur when individuals and groups strategically exploit this cognitive tendency in order to generate publicity for a particular issue, creating pressure to effect legislative change. This paper is the first to argue that environmental availability campaigns are more beneficial than they are harmful. Because they result in pressure on Congress, these campaigns serve as a catalyst for the enactment of critical new legislative initiatives. Specifically, these …

The Anti-Case Method: Herbert Wechsler And The Political History Of The Criminal Law Course, Anders Walker

All Faculty Scholarship

This article is the first to recover the dramatic transformation in criminal law teaching away from the case method and towards a more open-ended philosophical approach in the 1930s. It makes three contributions. One, it shows how Columbia Law Professor Herbert Wechsler revolutionized the teaching of criminal law by de-emphasizing cases and including a variety of non-case related material in his 1940 text Criminal Law and Its Administration. Two, it reveals that at least part of Wechsler's intention behind transforming criminal law teaching was to undermine Langdell's case method, which he blamed for producing a "closed-system" view of the law …

Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry

All Faculty Scholarship

As more work enters cyberspace, takes place in virtual worlds, and collapses traditional nation-state barriers, we are entering a new era of “virtual work.” In this article, I use “virtual work” as an umbrella term to encompass work in virtual worlds, crowdsourcing, clickworking, even sweeping in, to some degree, the commonplace telecommuting and “mobile executives” that have become ubiquitous over the past decade.Are such new forms of “work” entitled to the minimum payment standards mandated under the FLSA? As the United States enters another economic crisis, and with advances in technology key to continued economic growth and stability, these questions …

National Affordable Housing Trust Fund Legislation: The Subprime Mortgage Crisis Also Hits Renters, Peter W. Salsich

All Faculty Scholarship

This article discusses the National Housing Trust Fund, created as part of the Housing and Economic Recovery Act of 2008 (HERA). The Housing Trust Fun represents a new federal housing development policy. The Fund is designed to serve the approximately 18.5 million households who make less than $30,000 per year, roughly half the national median income in 2005. After a review of the housing affordability concerns of extremely low-income households (annual income 30% or less than area median income) and the impact the subprime mortgage foreclosure has had on such households, the article summarizes HERA's regulatory reform and foreclosure relief …

Labor Injunctions In Bankruptcy: The Norris-Laguardia Firewall, Michael C. Duff

All Faculty Scholarship

This article considers whether federal courts, including bankruptcy courts, are authorized to issue injunctions in connection with various kinds of labor disputes arising after the filing of a petition in bankruptcy. The question takes on renewed importance in light of the record number of Chapter 11 bankruptcy filings in 2008, including filings by two of the three major American automakers, which are unionized. Given the increasing complexity of some of these notorious reorganizations, the likelihood of post-petition labor disputes appears to have correspondingly increased. In agreement with the few federal circuits that have considered the question, the article concludes that, …

Embracing Paradox: Three Problems The Nlrb Must Confront To Resist Further Erosion Of Labor Rights In The Expanding Immigrant Workplace, Michael C. Duff

All Faculty Scholarship

This article discusses the Supreme Court's 2002 Hoffman Plastic Compounds opinion, normally considered in terms of its social justice ramifications, from the different perspective of NLRB attorneys tasked with pursuing enforcement of the National Labor Relations Act (NLRA) under the conceptually (and practically) odd rubric that some NLRA employees (unauthorized workers) have no remedy under the NLRA. The article focuses on three problems evincing paradox. First, NLRB attorneys prosecuting cases involving these workers will probably gain knowledge of unlawful background immigration conduct. To what extent must the attorneys disclose it, and to whom? Second, NLRB attorneys are extraordinarily reliant on …

I’Ll Huff And I’Ll Puff — But Then You’Ll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California’S Anti-Slapp Statute, Jeremiah A. Ho

All Faculty Scholarship

Although the original enactment of California’s anti-SLAPP law was commendable, the law itself (section 425.16 of the California Civil Code) has its share of flaws. One particular wrinkle that the California appellate courts still have not ironed out in interpreting section 425.16 involves the situation where the filer of a SLAPP suit voluntarily dismisses his SLAPP suit against the victim. Because the goal of California’s anti-SLAPP statute is to deter the “chilling” effect of SLAPP suits upon the public’s ability to “petition for the redress of grievances” — which includes the cost put forth to defend such suits — the …

Quality Improvement In Small Office Settings: An Examination Of Successful Practices., Daniel Wolfson, Elizabeth Bernabeo, Brian Leas, Shoshanna Sofaer, Gregory Pawlson, Donna Pillittere

College of Population Health Faculty Papers

BACKGROUND: Physicians in small to moderate primary care practices in the United States (U.S.) (<25>physicians) face unique challenges in implementing quality improvement (QI) initiatives, including limited resources, small staffs, and inadequate information technology systems 23,36. This qualitative study sought to identify and understand the characteristics and organizational cultures of physicians working in smaller practices who are actively engaged in measurement and quality improvement initiatives.

METHODS: We undertook a qualitative study, based on semi-structured, open-ended interviews conducted with practices (N = 39) that used performance data to drive quality improvement activities.

RESULTS: Physicians indicated that benefits to performing measurement and …

Quality Improvement In Small Office Settings: An Examination Of Successful Practices., Daniel Wolfson, Elizabeth Bernabeo, Brian Leas, Shoshanna Sofaer, Gregory Pawlson, Donna Pillittere

College of Population Health Faculty Papers

BACKGROUND: Physicians in small to moderate primary care practices in the United States (U.S.) (<25 >physicians) face unique challenges in implementing quality improvement (QI) initiatives, including limited resources, small staffs, and inadequate information technology systems 23,36. This qualitative study sought to identify and understand the characteristics and organizational cultures of physicians working in smaller practices who are actively engaged in measurement and quality improvement initiatives.

METHODS: We undertook a qualitative study, based on semi-structured, open-ended interviews conducted with practices (N = 39) that used performance data to drive quality improvement activities.

RESULTS: Physicians indicated that benefits to performing measurement and …

Clawbacks: Prospective Contract Measures In An Era Of Excessive Executive Compensation And Ponzi Schemes, Miriam A. Cherry, Jarrod Wong

All Faculty Scholarship

In the spring of 2009, public outcry erupted over the multi-million dollar bonuses paid to AIG executives even as the company was receiving TARP funds. Various measures were proposed in response, including a 90% retroactive tax on the bonuses, which the media described as a "clawback." Separately, the term "clawback" was also used to refer to remedies potentially available to investors defrauded in the multi-billion dollar Ponzi scheme run by Bernard Madoff. While the media and legal commentators have used the term "clawback" reflexively, the concept has yet to be fully analyzed. In this article, we propose a doctrine of …

Productivity-Diversity Relationships From Chemolithoautotrophically Based Sulfidic Karst Systems, Megan L. Porter, Annette Summers Engel, Thomas C. Kane, Brian K. Kinkle

International Journal of Speleology

Although ecosystems thriving in the absence of photosynthetic processes are no longer considered unique phenomena, we have yet to understand how these ecosystems are energetically sustained via chemosynthesis. Ecosystem energetics were measured in microbial mats from active sulfidic caves (Movile Cave, Romania; Frasassi Caves, Italy; Lower Kane Cave, Wyoming, USA; and Cesspool Cave, Virginia, USA) using radiotracer techniques. We also estimated bacterial diversity using 16S rRNA sequences to relate the productivity measurements to the composition of the microbial communities. All of the microbial communities investigated were dominated by chemolithoautotrophic productivity, with the highest rates from Movile Cave at 281 g …

Lights And Shadows On The Conservation Of A Rock Art Cave: The Case Of Lascaux Cave, Fabiola Bastian, Claude Alabouvette

International Journal of Speleology

Lascaux Cave was discovered in 1940. Twenty years after the first microbial contamination signs appeared. In the last forty years the cave suffered different fungal invasions. Here we discuss the past, present and future of the cave and the conservation of its rock art paintings to the light of data obtained using culture-dependent and –independent methods.

The Historical-Eschatological/Apocalyptic Fulfillment Of The Gog And Magog Prophecy In Ezekiel 38–39, Jiri Moskala

Faculty Publications

No abstract provided.

Preliminary Report On The Tall Jalul 2007 Season: Field A, Paul Z. Gregor, Helena Gregor

Faculty Publications

No abstract provided.

Preliminary Report On The 2009 Season Of The Madaba Plains Project: Tall Jalul Excavations 2009, Paul Z. Gregor, Constance E. Gane, Randall Younker, Jennifer Groves, Paul Ray

Faculty Publications

No abstract provided.

A Tripartite Pillared Building In Transjordan, Paul Z. Gregor

Faculty Publications

No abstract provided.

Librarian Faculty Status: What Does It Mean In Academia?, Nathan D. Hosburgh

Library Philosophy and Practice (e-journal)

Although much has been written over the years about whether or not professional academic librarians should have faculty status, there has been far less in the literature concerning the ambiguity of faculty status. In this paper, faculty status is defined according to the American College and Research Libraries’ “Standards for faculty status for college and university librarians”. Various studies and situations are examined in order to cover the spectrum of faculty status that exists in academic libraries in the United States, however this is not meant to be conclusive, but point out that there is no definition consistently applied. Faculty …

2008 Season At Tall Jalul, Jordan, Randall W. Younker Editor

Faculty Publications

No abstract provided.

A Report On The 180 Symposium, Roger Dudley, Allen Walshe

Faculty Publications

No abstract provided.

Three Reasons To Serve, Gary L. Hopkins, Duane C. Mcbride, Stuart Tyner, Jonathan Duffy

Faculty Publications

Young people in the Seventh-day Adventist Church are in need of leadership creating effective strategies for protecting the youngsters from engaging in high risk behaviors along with finding effective methods of keeping these same youngsters churched. It is clear that God had answers to these problems long ago. A review of Matthew 25 clearly states that our purpose as Christians should be to serve individuals in need. When young people engage in service, they are more likely to be attracted to the church, get involved in the church, and stay in the church. Furthermore, service is associated with better grades …

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

The article explores the potential benefits of integrating proportionality theory, traditionally used in sentencing, into litigation challenging harsh prison conditions under the Eighth Amendment. It argues that this approach could offer new avenues for addressing the limitations of current conditions of confinement jurisprudence by reimagining how courts evaluate the constitutionality of prison conditions.

Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes

Articles

Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)

Superpixel Segmentation Of Outdoor Webcams To Infer Scene Structure, Rachel Tannenbaum

All Theses and Dissertations (ETDs)

Understanding an outdoor sceneΓÇÖs 3-D structure has applications in several ∩¼üelds, including surveillance and computer graphics. Scene elementsΓÇÖ time-series brightness gives insight to their geometric orientation; and thus the 3-D structure of the overall scene. Previous works have studied the time-series brightness of individual pixels. However, there are limitations with this approach. Pixels are often quite noisy, and can require a lot of memory. This thesis explores the use of superpixels to address these issues. Superpixels, an approach to image segmentation, over-segment a scene but attempt to ensure that each segment lies on only one scene element. Applying superpixels to …

Critique Of Money Judgment (Part Two: Liens On New York Personal Property), David G. Carlson

Articles

The article critiques the New York Civil Practice Law and Rules (CPLR) for its outdated and overly complex framework governing money judgments, particularly in the creation, enforcement, and priority of judicial liens. It argues that the CPLR's inefficiencies and inconsistencies, exacerbated by conflicts with federal bankruptcy law and the Uniform Commercial Code (UCC), lead to unjust outcomes for both debtors and creditors. The article proposes modest reforms to align the CPLR with modern legal standards, simplify procedures, and eliminate unnecessary distinctions between tangible and intangible property.

Hart Avec Kant: On The Inseparability Of Law And Morality, David G. Carlson

Articles

The article critiques H.L.A. Hart's The Concept of Law from a Kantian perspective, arguing that Hart's separation thesis between law and morality is untenable. Hart's internal point of view, a cornerstone of his jurisprudence, is revealed to be indistinguishable from morality, undermining his effort to separate law from moral considerations. The analysis contends that Hart's theory ultimately collapses into a Kantian framework, where law and morality share a common form, challenging the foundational principles of legal positivism.

An Imperfect Vocabulary Of Religious Liberty, Marci A. Hamilton

Articles

No abstract provided.