Digital Commons Network^™

Tennessee V. Lane, Martha A. Field, Michael Ashley Stein

Faculty Publications

No abstract provided.

Yougberg V. Romeo, Michael Ashley Stein, William P. Alford

Faculty Publications

No abstract provided.

"Duty-Defining Power" And The First Amendment's Civil Domain, Timothy Zick

Faculty Publications

In Rethinking Free Speech and Civil Liability,1 Daniel Solove and Neil Richards attempt something truly ambitious. The authors seek to map coherent boundaries for the First Amendment’s vast civil domain. Their project merits serious attention. Currently, different rules apply to civil liability for speech depending on whether the liability arises in tort, contract, or property. Solove and Richards claim that these boundaries are unworkable, under-theorized, and in some cases destined to collide. They develop a framework for mapping the First Amendment’s civil domain that is based upon a distinction regarding the type of power the state exercises in various civil …

The Lawyer As Catalyst Of Social Change, James E. Moliterno

Faculty Publications

No abstract provided.

Intergenerational Wealth Transmission And The Dynamics Of Inequality In Small-Scale Societies, Monique Borgerhoff Mulder, Samuel Bowles, Tom Hertz, Adrian Bell, Jan Beise, Greg Clark, Ila Fazzio, Michael Gurven, Kim Hill, Paul L. Hooper, William Irons, Hillard Kaplan, Donna Leonetti, Bobbi Low, Frank Marlowe, Richard Mcelreath, Suresh Naidu, David Nolan, Patrizio Piraino, Robert Quinlan, Eric Schniter, Rebecca Sear, Mary Shenk, Eric Alden Smith, Christopher Von Reuden, Polly Wiessner

Psychology Faculty Articles and Research

Small-scale human societies range from foraging bands with a strong egalitarian ethos to more economically stratified agrarian and pastoral societies. We explain this variation in inequality using a dynamic model in which a population’s long-run steady-state level of inequality depends on the extent to which its most important forms of wealth are transmitted within families across generations. We estimate the degree of intergenerational transmission of three different types of wealth (material, embodied, and relational), as well as the extent of wealth inequality in 21 historical and contemporary populations. We show that intergenerational transmission of wealth and wealth inequality are substantial …

Coherence, Complexity, And Information Flow: Self-Organizing Processes In Psychotherapy, David Pincus

Psychology Faculty Books and Book Chapters

"This chapter is written in the spirit of optimism, suggesting that self-organization is just such a general theory that may assist in providing a deeper, scientifically grounded understanding of the complex biopsychosocial processes involved in psychotherapy. To provide some foundation to this rather grand suggestion, the following review rests on five more specific theoretical propositions stemming from self-organization theory... The analysis of these propositions begins with an integrative review of traditional theories of interpersonal process through the lens of nonlinear dynamical systems (NDS) and self-organization theory in particular. Next, the contemporary empirical and theoretical developments using NDS to understand psychotherapy …

Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation, And Play,, Janet E. Lord, Michael Ashley Stein

Articles

No abstract provided.

The Potential Of The Synergistic Use Of Passive And Active Remote Sensing Measurements For The Validation Of A Regional Dust Model, V. Amiridis, Menas Kafatos, M. Perez, S. Kazadzis, E. Gerasopoulos, R. E. Mamouri, A. Papayannis, P. Kokkalis, E. Giannakaki, S. Basart, I. Daglis, C S. Zerefos

Mathematics, Physics, and Computer Science Faculty Articles and Research

A long-lasting Saharan dust event affected Europe on 18–23 May 2008. Dust was present in the free troposphere over Greece, in height ranges between the surface and approximately 4–5 km above sea level. The event was monitored by ground-based CIMEL sunphotometric and multi-wavelength combined backscatter/Raman lidar measurements over Athens, Greece. The dust event had the maximum of its intensity on 20 May. Three-dimensional dust spatial distribution over Greece on that day is presented through satellite synergy of passive and active remote sensing using MODIS and CALIPSO data, respectively. For the period under study, the ground-based measurements are used to characterize …

Enhanced Pre-Monsoon Warming Over The Himalayan-Gangetic Region From 1979-2007, Ritesh Gautam, N. C. Hsu, K. M. Lau, S.-C. Tsay, Menas Kafatos

Mathematics, Physics, and Computer Science Faculty Articles and Research

Fundamental to the onset of the Indian Summer Monsoon is the land-sea thermal gradient from the Indian Ocean to the Himalayas-Tibetan Plateau (HTP). The timing of the onset is strongly controlled by the meridional tropospheric temperature gradient due to the rapid premonsoon heating of the HTP compared to the relatively cooler Indian Ocean. Analysis of tropospheric temperatures from the longest available record of microwave satellite measurements reveals widespread warming over the Himalayan-Gangetic region and consequent strengthening of the land-sea thermal gradient. This trend is most pronounced in the pre-monsoon season, resulting in a warming of 2.7 C in the 29-year …

Two Contrasting Dust-Dominant Periods Over India Observed From Modis And Calipso Data, Ritesh Gautam, Zhaoyan Liu, Ramesh P. Singh, N. Christina Hsu

Mathematics, Physics, and Computer Science Faculty Articles and Research

Each year, prior to the onset of the Indian Summer Monsoon, the Gangetic Plains (GP), bounded by the high-altitude Himalayan mountains, are strongly influenced by the transport of dust outbreaks originating in the northwestern desert in India (known as the Thar Desert). Dust particles constitute the bulk of the regional aerosol loading which peaks annually during the pre-monsoon season. This paper integrates observations from space-borne sensors, namely MODIS and CALIPSO, together with ground sunphotometer measurements, to infer dust loading in the pre-monsoon aerosol build-up over source and sink regions in northern India. Detailed aerosol characterization from the synergetic observational assessment …

An Estimate Of The Branching Fraction Of Tau -> Pi Eta 'Nu(Tau), Shmuel Nussinov, A. Soffer

Mathematics, Physics, and Computer Science Faculty Articles and Research

We calculate the expected branching fraction of the second-class-current decay tau -> pi eta 'nu(tau), motivated by a recent experimental upper-limit determination of this quantity. The largest contribution to the branching fraction is due to the intermediate a(0)(980) scalar meson, assuming it is a (u) over bard state. Smaller contributions arise from a(0)(1450), rho(770), and rho(1450). Our calculated values are substantially below the experimental upper limit, and are smaller still if the a(0)(980) is a four-quark state, as often suggested. Thus, a precise measurement or tight upper limit has the potential to determine the nature of the a(0)(980), as well …

A Proposal For Collaborative Enforcement Of A Federal Right To Education, Kimberly J. Robinson

Law Faculty Publications

This chapter proposes an innovative approach for directing the expanding federal role in education. The proposed approach encourages states to address disparities in opportunity that prevent disadvantaged students from achieving their full potential and builds on the understanding reflected in the NCLB that the federal government will remain critical in public education reform. The proposal re-examines an avenue for federal involvement that the US Supreme Court considered in several cases and scholars have debated for more than 30 years: a federal right to education.

Information May Want To Be Free, But Information Products Do Not: Protecting And Facilitating Transactions In Information Products, Kristen Jakobsen Osenga

Law Faculty Publications

Information products-products that are used to organize, provide context, and distribute information-have gone largely unprotected by intellectual property regimes. As a result, producers of information products, such as databases and software, have resorted to alternative mechanisms to protect their investments. These mechanisms have resulted in both over-protection and under-protection of the information products. Further, the uncertainty in the boundaries of coverage, coupled with the resort to self-help mechanisms, may well inhibit, rather than facilitate, information flow. What is needed is a sui generis protection scheme for information products that clearly defines the boundaries and protection requirements for these works and …

Copying In Patent Law, Christopher A. Cotropia

Law Faculty Publications

Patent law is virtually alone in intellectual property (IP) in punishing independent development. To infringe a copyright or trade secret, defendants must copy the protected IP from the plaintiff, directly or indirectly. But patent infringement requires only that the defendant's product falls within the scope of the patent claims. Not only doesn't the defendant need to intend to infringe, but the defendant may be entirely unaware of the patent or the patentee and still face liability. Nonetheless, copying does play a role in some subsidiary patent doctrines, including damages rules, willfulness, and obviousness. More significantly, the rhetoric of patent law …

Modernizing Patent Law's Inequitable Conduct Doctrine, Christopher A. Cotropia

Law Faculty Publications

This Article's main finding is that the inequitable conduct doctrine has the ability to improve patent quality as long as the inherent tendency to overcomply with the doctrine by overloading the USPTO with information is kept in check. The Article reaches this conclusion by proceeding in five parts. Part II describes the current thinking on the inequitable conduct doctrine, with particular focus on the major critiques of the doctrine and proposed legislative and administrative responses. Part III of the Article begins the construction of a fundamental, conceptual framework for the doctrine by explaining how it impacts both patent quality and …

Filling Federal Appellate Vacancies, Carl W. Tobias

Law Faculty Publications

Judicial selection for the United States Courts of Appeals has rarely been so controversial. Delay in nominating and analyzing candidates as well as fractious accusations, recriminations, and "paybacks" between Democrats and Republicans have vexed circuit appointments over two decades. Many judgeships remain empty for long periods, while one position has been vacant since 1994. Certain appellate tribunals have confronted acute difficulties. The U.S. Court of Appeals for the Sixth Circuit recently operated absent half its judicial complement across eight months, and numerous courts labored without one in three members at various junctures.

The Senate, which furnishes advice and consent, has …

Lessons Learned From The Spectrum Wars: Views On The United States Effort Going Into And Coming Out Of A World Radiocommunication Conference, Donna Coleman Gregg

Scholarly Articles

No abstract provided.

Leaving The Chisholm Trail: The Eleventh Amendment And The Background Principle Of Strict Construction, Kurt T. Lash

Law Faculty Publications

Most scholars and courts assume that the Eleventh Amendment emerged from a sudden 'shocked' public reaction to the Supreme Court's decision in Chisholm v. Georgia. The Supreme Court's decision in Hans v. Louisiana has been subject to particular criticism for extending the doctrine of sovereign immunity beyondthe text of the amendment and the particular subject matter before the Court in Chisholm. This article contends that the modern emphasis on Chisholm v. Georgia as the generative source of the Eleventh Amendment is historically incorrect. Public debate regarding the key issues behind the Eleventh Amendment had been underway long before the Court …

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri

Law Faculty Publications

A six-volume work, this set constitutes a major revision and massive expansion of the 1995 Oxford Encyclopedia of the Modern Islamic World. In addition to covering Islamic societies in the modern world from the eighteenth century to the present, as the earlier four-volume set did, it will add a depth of historical background going back to the pre- Islamic era. The new reference also covers the full geographical extent of Islam by focusing not only on the countries in which Islam is dominant, but also on regions in which Muslims live as minorities, such as Europe and the Americas.

Deliberative Democracy As Dispute Resolution? Conflict, Interests, And Reasons, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Defining The International Accounting Standard Board's Governance Network, Patricia A. Rossman

Walden Dissertations and Doctoral Studies

There is little empirical research identifying the structural forces influencing the International Accounting Standards Board (IASB). The purpose of this study was to analyze the structural forces underlying international accounting regulation to contribute insights useable by the public, politicians, and scholars to conceptualize the processes of international accounting regulation. Based on stakeholder theory, legitimacy theory, and social network theory it was posited that this network is rationally created to serve certain stakeholder groups in the face of divergent stakeholder interests. The research questions for this study addressed the organizations which constituted the IASB's governance network, the professional and geographic perspectives …

The Lived Experience Of Hiv-Positive Tanzanian Orphans, Carol A. Parker

Walden Dissertations and Doctoral Studies

The purpose of this investigation was to generate a context- specific model of the lived experience of HIV positive Tanzanian orphans. With the advent of anti-retroviral drugs, Sub-Saharan African populations with high burdens of human immunodeficiency virus (HIV) face annually accumulating increases in the number of HIV positive children, and ultimately adults. Perinatally infected, these children often become orphans while still young. Extended interviews were performed with a purposive sample of 12 HIV infected orphaned children between 9 and 12 years of age. Half of the research participants lived in an orphanage and half were children living with guardians in …

Listen To Me! An Exploration Of The Students' Voices Regarding Homework, Gladys Landing-Corretjer

Walden Dissertations and Doctoral Studies

Research on students' voices and perspectives regarding homework is absent from the literature. This qualitative case study explored the perspectives of 5th and 6th grade students and ten teachers' perceptions regarding homework completion. The literature review revealed 3 trends in homework, including support homework, support against homework, and homework reform. However, most of this research considers the adults' perspective. The researcher administered 46 questionnaires and conducted 12 in depth interviews using a stratified purposive sample and extreme case sampling. The questionnaires and interviews educed the participants' perceptions and practices regarding homework. The students represented 4 distinct groups: English language learners, …

Volunteers: Beyond Government Partners, Maria J. D'Agostino

Publications and Research

Over the past several years, practitioners and academics have expressed concern about the deteriorating morale and effectiveness of the federal civil service, given its aging workforce and the competition with the private sector for human capital. Recruiting qualified public servants is complicated by the negative perception of government. Attacks by politicians of all sides have contributed to a negative stereotype of the American civil service. Therefore, finding new ways to recruit and retain the best-qualified young graduates has become critical. This paper reports on an untapped resource – volunteers, explores the youth volunteer activity that occurs in the federal government, …

Understanding Generalist Function, F. Matthew Mihelic

Faculty Publications

A major concern in dealing with multi-agent complex adaptive systems is the understanding of how such systems build order in the midst of an otherwise chaotic universe. The ordering principles of such systems that are found at the biological level can be applied to better understanding human organizations, and can also be used to develop or modify highly complex intelligent agent software systems for greater efficacy. This paper describes the theoretical mechanism of how huge multi-agent complex adaptive systems overcome the exponential increases in entropy that would otherwise cause system collapse, through the use of agents that function to maintain …

Contradance And Quadrille Culture In The Caribbean, Peter L. Manuel

Publications and Research

No abstract provided.

Transnational Chowtal: Bhojpuri Folksong From North India To The Caribbean, Fiji, And Beyond, Peter L. Manuel

Publications and Research

In mid-February of 2007, I attended some lively sessions of chowtal (Hindi, cautāl), a boisterous Bhojpuri folk song genre, in a Hindu temple in a small town a few hours from Banaras (Varanasi), North India. The following weekend I was singing chowtal, in an identical style, with an Indo-Guyanese ensemble in Queens, New York City. In the subsequent season of the vernal Holi (Hindi, holī) festival, in March 2008, I found myself singing along with a group of Indo-Fijians in Sacramento, California, as they performed a similar version of one of the same chowtal songs. Despite the nearly identical styles …

From Contradanza To Son: New Perspectives On The Prehistory Of Cuban Popular Music, Peter L. Manuel

Publications and Research

While it is often claimed that the Cuban son emerged from rural Oriente and “invaded” Havana in the early 20th century, serious Cuban musicologists have clarifi ed that the true consolidation of the genre took place in Havana after around 1910–1920. Examination of 19th-century sources can help us trace with greater specifi city the origins of the particular musical features that distinguished the traditional son. Editions and descriptions of 1850s–1860s Havana contradanzas illuminate much about urban popular dance music of that milieu. In par-ticular, they reveal the presence of features typically associated with the son, such as melodies in duet …

An Examination Of Consumer Experience And Relative Effects On Consumer Values, Andrew Walls

Electronic Theses and Dissertations

In the ever changing business climate, the service sector has become a major focus of attention. One key aspect of this competitive environment is the effort of many businesses to differentiate themselves by creating unique customer experiences that accompany their products and services. The challenge to creating memorable consumer experiences is the proper identification of specific characteristics that influence experiences and gaining better understanding of how these impact consumers perceived values. To this end, this study attempted to develop a model that identifies influencing dimensions of consumer experiences and investigates the composition of consumer experiences and the relative outcome on …

Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish

American Indian Law Review

No abstract provided.