Digital Commons Network^™

"We Reserve The Right To Refuse Service To Anyone.", Jennifer S. Hendricks

Publications

This essay is based on remarks at the 2008 teaching conference of the Society of American Law Teachers, on the theme Teaching for Social Change When You're Not Preaching to the Choir. It reflects on my experience as a liberal/progressive teaching constitutional law in a conservative southern state. It also explores the importance of not just training students in the skills of a junior lawyer but also preparing them for their long-term obligations as citizens and members of the bar.

If It Is Broken, Then Fix It: Needed Reforms To Employment Discrimination Law: 2009 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Melissa Hart, Minna Kotkin, Roberto Corrada, Deborah Widiss

Publications

No abstract provided.

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

Publications

This Article will appear in a May 2009 symposium issue of the Florida International University Law Review on the global financial crisis. 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 …

Code, Crash, And Open Source: The Outsourcing Of Financial Regulation To Risk Models And The Global Financial Crisis, Erik F. Gerding

Publications

The widespread use of computer-based risk models in the financial industry during the last two decades enabled the marketing of more complex financial products to consumers, the growth of securitization and derivatives, and the development of sophisticated risk-management strategies by financial institutions. Over this same period, regulators increasingly delegated or outsourced vast responsibility for regulating risk in both consumer finance and financial markets to these privately owned industry models. Proprietary risk models of financial institutions thus came to serve as a "new financial code" that regulated transfers of risk among consumers, financial institutions, and investors.

The spectacular failure of financial-industry …

The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England

Publications

This article provides a brief history of the doctrine of res gestae and an analysis of its current usage in both Colorado state and federal courts.

Telluride's Tale Of Eminent Domain, Home Rule, And Retroactivity, Richard B. Collins

Publications

Telluride, Colorado, won an eminent domain battle with San Diego billionaire Neal Blue, but only after paying his price and his attorney's fees. The town passed a condemnation ordinance by popular initiative to take 572 acres adjacent to the town. The landowner obtained a state statute intended to forbid the town's action. The trial judge held the statute invalid under Colorado's constitutional home rule amendment. Town officials negotiated a compromise with the landowner, but its voters rejected it. The valuation trial was moved to a neighboring county much more favorable to the landowner, and the jury gave him his full …

Jurisdiction's Noble Lie, Frederic M. Bloom

Publications

This Article makes sense of a lie. It shows how legal jurisdiction depends on a falsehood--and then explains why it would.

To make this novel argument, this Article starts where jurisdiction does. It recounts jurisdiction's foundations--its tests and motives, its histories and rules. It then seeks out jurisdictional reality, critically examining a side of jurisdiction we too often overlook. Legal jurisdiction may portray itself as fixed and unyielding, as natural as the force of gravity, and as stable as the firmest ground. But jurisdiction is in fact something different. It is a malleable legal invention that bears a false rigid …

Commentary: Was The Bill Of Rights Irrelevant To Nineteenth-Century State Criminal Procedure?, Carolyn B. Ramsey

Publications

No abstract provided.

In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey

Publications

After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute--a tactic that provoked a great deal of controversy. Most critics assume that the abuse of material witness laws is a new development. Yet, rather than being transformed by the War on Terror, the detention of material witnesses is a coercive strategy that police officers across the nation have used since the nineteenth century to build cases against suspects. Fears of extraordinary violence or social breakdown played at most an indirect role in its advent and growth. Rather, it has …

Colorado V. Connelly: What Really Happened, William T. Pizzi

Publications

In 1986, the Supreme Court decided Colorado v. Connelly, a landmark case in due process and fifth amendment law. The case began when Francis Barry Connelly approached a police officer on the street in downtown Denver to confess to having killed a young woman several months earlier in southwest Denver. Because Connelly was suffering from acute schizophrenia and was hearing auditory hallucinations commanding him to confess, state courts suppressed his statements to the police on the grounds (1) that his statements before arrest were involuntary and inadmissible under the due process clause and (2) those statements post-arrest could not …

Constraining Public Employee Speech: Government's Control Of Its Workers' Speech To Protect Its Own Expression, Helen Norton

Publications

This Article identifies a key doctrinal shift in courts' treatment of public employees' First Amendment claims--a shift that imperils the public's interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental discipline of public employee speech on matters of public interest only when such speech undermined the government employer's interest in efficiently providing public services. In contrast, courts now increasingly focus on--and defer to--government's claim to control its workers' expression to protect its own speech.

More specifically, courts increasingly permit government …

Institutional Design, Fcc Reform, And The Hidden Side Of The Administrative State, Philip J. Weiser

Publications

Legal scholars have long recognized the importance of the modern administrative state, focusing intently both on the substance of regulatory law and the process of administrative law. Neither focus, however, recognizes the importance of institutional design and institutional processes as determinants of the nature and shape of administrative regulation. The era of neglect towards institutional analysis by both scholars and policymakers may well be on its last legs, as it is increasingly clear that the institutional processes used by regulatory agencies - including when to act by rulemaking as opposed to by adjudication, how to engage the public, and how …

The Internet's Public Domain: Access To Government Information On The Internet, Susan Nevelow Mart

Publications

This article surveys the types and amounts of information that have been removed from the Internet since September 11th. Information has been removed in the name of national security as well as for reasons of seeming political expediency. After discussing the bases of some of the rationales for removing the information, and the legal underpinnings of continued access, the article suggests several forms of advocacy that could be used to return the information to the public's domain.

House Of Wisdom Or A House Of Cards? Why Teaching Islam In U.S. Foreign Detention Facilities Violates The Establishment Clause, Scott Thompson

Publications

In an attempt to erase Islamic-fundamentalist sentiments held by detainees apprehended in the course of the "war on terror," the United States government began teaching and preaching a more moderate version of the Qur'an and Islam to detainees in Iraq. One such detention program in Iraq was dubbed the House of Wisdom. But the wisdom of such a practice is highly suspect--both because it likely runs afoul of the Establishment Clause of the First Amendment and because it may be doing more harm than good to the American effort to defuse Islamic-extremism and anti-American sentiment. This Article examines the practice …

Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart

Publications

It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …

Catalog Denison University 2009-2010

Denison University Catalogs

Denison University Course Catalog 2009-2010

Understanding As The Ultimate Medium To Resolve Mistrust : Re-Imagining A New Narrative Between The United States And Iran, Ali Goldoust

Doctoral Dissertations

unavailable

African American Children In An Urban Foster Care System : Perceptions Of Disproportionality And Demographics, Jeffrey W. Timms

Doctoral Dissertations

unavailable

High School English Language Arts Teachers' Conceptualizations Of Pedagogical Content Knowledge, Donna Hyatt Scarlett

Doctoral Dissertations

unavailable

Savoring Life Through Servant-Leadership, Richard Leider, Larry Spears

International Journal of Servant-Leadership

Since the dawn of civilization, great thinkers have debated the quality of human existence, often calling it "the good life." To some thinkers, the ideal state is one of generating power and wealth; to others, it is about community and relationships; and to yet others, it is about service and humanitarian ideals as the path to the good life. The good life from cradle-to-grave has proven to be an elusive concept to agree upon. There are enough definitions to fill a small book. Yet, one central theme, purpose-having a reason to get up in the morning-seems to be an element …

Genetic Variation At Hair Length Candidate Genes In Elephants And The Extinct Woolly Mammoth, Alfred L. Roca, Yasuko Ishida, Nikolaidis Sergios, Sergios-Orestis Kolokotronis, Stephen Fratpietro, Kristin Stewardson, Shannon Hensley, Michele Tisdale, Gennady Boeskorov, Alex D. Greenwood

Biological Sciences Faculty Publications

Background: Like humans, the living elephants are unusual among mammals in being sparsely covered with hair. Relative to extant elephants, the extinct woolly mammoth, Mammuthus primigenius, had a dense hair cover and extremely long hair, which likely were adaptations to its subarctic habitat. The fibroblast growth factor 5 (FGF5) gene affects hair length in a diverse set of mammalian species. Mutations in FGF5 lead to recessive long hair phenotypes in mice, dogs, and cats; and the gene has been implicated in hair length variation in rabbits. Thus, FGF5 represents a leading candidate gene for the phenotypic differences in hair length …

Faith-Based Volunteers In Local Jails: The Inaugural Test Of Servant-Leadership, Linda Keena

International Journal of Servant-Leadership

Robert Greenleaf believed the best leadership results from a desire to serve others (Greenleaf, 1991). Servant-leaders approach others with humble spirits, seeking to serve rather than to be served. In his essay The Servant as Leader, Greenleaf (1991) asserted, "Not everything that is old and worn, or even corrupt, can be thrown away. Some of it has to be rebuilt and used again. So it is with the words serve and lead" (p. 1). For that reason, the message of the "leader-as-servant" (Greenleaf, 1998, p. 4) exemplifies the spirit of faith-based correctional volunteers. As advanced by John MacArthur (1994) in …

Persistent Currents And Quantum Critical Phenomena In Mesoscopic Physics, Oleksandr Zelyak

University of Kentucky Doctoral Dissertations

In this thesis, we study persistent currents and quantum critical phenomena in the systems of mesoscopic physics. As an introduction in Chapter 1 we familiarize the reader with the area of mesoscopic physics. We explain how mesoscopic systems are different from quantum systems of single atoms and molecules and bulk systems with an Avogadro number of elements. We also describe some important mesoscopic phenomena.

One of the mathematical tools that we extensively use in our studies is Random Matrix Theorty. This theory is not a part of standard physics courses and for educational purposes we provide the basics of Random …

Old Testament Survey, Steelman Library

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, G White Dr.

Syllabus Repository

No abstract provided.

Old Testament Survey, Steelman Library, Charles Dawes

Syllabus Repository

No abstract provided.

Hebrew Wisdom Literature, Steelman Library, Gerry White Dr.

Syllabus Repository

No abstract provided.

Hebrew Wisdom Literature, Steelman Library, Gerry A. White Dr.

Syllabus Repository

No abstract provided.

Hebrew Wisdom Literature, Steelman Library, Gerry White

Syllabus Repository

No abstract provided.

Assessment Centres: A Tale About Dimensions, Exercises, And Dancing Bears, Filip Lievens

Research Collection Lee Kong Chian School Of Business

This study reviews prior construct-related validity research in assessment centres. Special focus is placed on disentangling possible explanations for the construct-related validity findings. The conclusion is that we now have a much better picture of the reasons behind the construct-related validity findings. Careful assessment centre design and high interrater reliability among assessors seem necessary albeit insufficient conditions to establish assessment centre construct-related validity. The nature of candidate performances is another key factor. This study next discusses how these empirical findings have changed how assessment centres are conceptualized (theoretical advancements framed in the application of trait activation theory), analysed (methodological advancements), …