Digital Commons Network^™

Secrecy And Democratic Decisions, Mark A. Chinen

Faculty Articles

Secrecy to protect intelligence sources and methods appears often in the nation's discourse about controversial national security matters. Often it is asked whether such secrecy is consistent with the nation's democratic principles and processes. This article argues such principles and processes provide a framework through which we try to answer questions about secrecy and indeed legitimate them, but are often too broad to provide definitive guidance in specific cases. At the same time, the sources and methods argument itself is overbroad because of the nature of the sources and methods themselves; the tentative nature of intelligence assessments derived from those …

Marks Of Rectitude, Margaret Chon

Faculty Articles

Trademarks and certification marks increasingly denote sustainability or social responsibility standards. These marks of rectitude are particularly noticeable in the context of global trade, where market integration is accompanied by relatively uneven integration of environmental, labor and other standards, and where consumers in the so-called global North choose how to empower producers and/or encourage development of markets in the global South. But consumer participation in these transactions is under-explored by reference to criteria such as the quality not to mention accountability and transparency of the standards embedded within the goods or services. Newer stakeholders and meaning-makers such as the largely …

Recovering Access: Rethinking The Structure Of Federal Civil Rulemaking, Brooke Coleman

Faculty Articles

Access to the justice system, which is broadly defined in the article as the opportunity to resolve the merits of a legal claim, is declining. One source of this decline is the Civil Rules. This article examines how the institutional failings of the civil rulemaking process have allowed for the production of rules that diminish access. Rule 1 of the Federal Rules of Civil Procedure provides that the Civil Rules should facilitate the "just, speedy, and inexpensive resolution" of legal claims. While the Civil Rules Committee considers this timeworn mandate when drafting the rules, there is no agreement about how …

Liberal Mccarthyism And The Origins Of Critical Race Theory, Richard Delgado

Faculty Articles

The article discusses the emergence of liberal McCarthyism and the origins of critical race theory in the U.S. It reviews the conflicting stories from Harvard Law School in Massachusetts and the University of California in Berkeley and Los Angeles about critical race theory. The article examines the role of radical professors Kingman Brewster, James Conant, Clark Kerr and Albert Bowker in McCarthyism. The author relates how professors David Trubek, Richard Abel, Staughton Lynd and Anthony Platt lost their job due to liberal McCarthyism.

Externships For Millennial Generation Law Students: Bridging The Generation Gap, Susan Mcclellan

Faculty Articles

This article examines the literature about our newest generation of law students, the Millennials, and offers suggestions to help externship faculty work with supervisors and students to avoid potential problems that may arise from generational differences. After reviewing the literature, the article discusses both positive and negative Millennial generation traits and explains how identified generational problems might arise in externship field placements. The article then offers suggestions from psychologists, managerial literature, and the author's experience to help externship directors and faculty work with field supervisors and students to avoid or resolve issues. The article concludes that members of the Millennial …

From Loyalty To Conflict: Addressing Fiduciary Duty At The Officer Level, Usha Rodrigues

Scholarly Works

Conflicts of interest are the quintessential agency cost-the constant, lurking danger that agents may seek their own personal gain, rather than the good of the corporation. Yet many corporate employees lack knowledge as to exactly what constitutes a conflict of interest. This ignorance facilitated the kind of fraud seen in Enron, WorldCom, and the options backdating scandals, and may help explain the out-sized payouts that many high-level corporate officers received even as the financial institutions they headed verged on self-destruction. Each case required not only affirmative fraudulent behavior on the part of a few, but also the tacit acceptance of …

Procedural Justice In Nonclass Aggregation, Elizabeth Chamblee Burch

Scholarly Works

Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individual litigation and certified class actions. Although scholars have formulated procedural protections for both extremes, the unique danger and allure posed by nonclass aggregation has been undertheorized, leaving mass tort claimants with inadequate safeguards. When hallmark features of mass torts include attenuated attorney-client relationships, numerous litigants, and the demise of adversarial legalism, the attorney-client relationship itself becomes another bargaining chip in the exchange of rights. This Article thus takes the initial steps toward advancing a cohesive theory of procedural justice in nonclass aggregation by exposing the …

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 …

Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge

Scholarly Works

An exceptional feature of international arbitration is the extensive and meaningful dialogue that takes places between scholars and practitioners in the field. Unlike some other disciplines where the camps appear to talk past each other, international arbitration enjoys a rich relationship between the two. Practitioners have written some of the most important scholarly works in the field, while scholars have worked on some of the most important cases. In January 2009, the University of Georgia Law School and its Dean Rusk Center were pleased to bring together an elite group of scholars and practitioners for a day-long conference on the …

A New Way Forward: A Response To Judge Weinstein, Elizabeth Chamblee Burch

Scholarly Works

This short essay responds to Judge Jack Weinstein's essay, Preliminary Reflections on Administration of Complex Litigations, 2009 Cardozo De Novo 1. In so doing, it also provides a condensed version of my earlier article, Litigating Groups, which analyzes group dynamics within nonclass aggregation. By drawing on the literature of moral and political philosophy as well as social psychology, I contend that, in the face of hard cases, of instability and disunity, plaintiffs who have made promises and assurances to one another can invoke social norms of promise-keeping, social agglomeration, compatibility, and the desire for means-end coherence to achieve consensus, mitigate …

Towards Achieving Lasting Healthcare Reform: Rethinking The American Social Contract, Fazal Khan

Scholarly Works

The famous preamble to the United States Declaration of Independence reflects a concise and eloquent understanding of the Lockean social contract theory that underpinned the foundation of the original American government: that free people will naturally find it in their self-interest to leave the state of nature (and the tyranny of foreign rule) and join a society where a legitimate sovereign power and the rule of law protect the citizens' fundamental rights. As of the writing of this essay, a new decade approaches and both the U.S. Senate and House have passed historic healthcare reform bills. The two legislative bodies, …

The Public’S Right To Health: When Patient Rights Threaten The Commons, Elizabeth Weeks Leonard

Scholarly Works

This Article offers a contemporary examination of traditional public health objectives to address social problems not amenable to individual resolution. Taking the tradition a step further, it defines a "public health right" that may justify certain government actions that otherwise appear to impair individual rights. For example, lawmakers are considering whether current regulations on prescription drugs should be loosened to allow terminally ill patients to access drugs before they have been tested and approved for the general public. This Article concludes that expanding access to experimental drugs would violate the public health right to scientific knowledge and new drug development. …

Gonzales, Casey And The Viability Rule, Randy Beck

Scholarly Works

Gonzales v. Carhart upheld a federal ban on intact D&E abortions. The dissenters in Gonzales accused the majority of ignoring the rule that a state may only prohibit abortion of a viable fetus, one capable of life outside the womb. The continuing discord over the viability rule highlights an issue that remains unsettled 34 years after Roe: Why may a state protect the life of a fetus after it reaches viability, but not before? Professor John Hart Ely long ago noted Roe's failure to justify the viability rule, observing that the Court's defense seems to mistake a definition for a …

The Burden Of Knowledge, Christian Turner

Scholarly Works

Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …

The Supreme Courts Municipal Bond Decision And The Market-Participant Exception To The Dormant Commerce Clause, Dan T. Coenen

Scholarly Works

Does it violate the dormant Commerce Clause for a state to exempt interest earned on its own bonds, but no others, from income taxation? In a recent decision, the Supreme Court answered this question in the negative. Six members of the Court found the case controlled by the state-self-promotion exception to the dormancy doctrine's antidiscrimination rule. Three of those Justices, however, went further by also invoking the longstanding market-participant exception to sustain the discriminatory state tax break. This Essay challenges that alternative line of analysis. According to the author, the plurality's effort to apply the market-participant principle: (1) invites a …

Can International Law Work? A Constructivist Expansion, Harlan G. Cohen

Scholarly Works

An increasing number of scholars have begun to apply rational choice methodologies to the study of international law. Earlier rational choice scholarship voicing skepticism about international law’s true force has since been followed by sophisticated rational choice defenses of international law. This review essay focuses on Andrew Guzman’s recent book HOW INTERNATIONAL LAW WORKS: A RATIONAL CHOICE THEORY (2008), one of the best of those defenses. In that book, Guzman develops an elegant and sophisticated account of 'reputation' and the role it can play in encouraging rational compliance with international law. Based on this account, Guzman makes a powerful case …

International Common Law: The Soft Law Of International Tribunals, Timothy L. Meyer, Andrew T. Guzman

Scholarly Works

Rising legalization in the international community has lead to greater use of international tribunals and soft law. This paper explores the intersection of these instruments. The decision of an international tribunal interprets binding legal obligations but is not itself legally binding except, in some instances, as between the parties. The broader, and often more important function of a tribunal's decision - its influence on state behavior beyond the particular case and its impact on perceptions regarding legal obligations - is best characterized as a form of soft law.

Despite its inability to bind states, a tribunal can influence state behavior …

Paging King Solomon: Towards Allowing Parents To Donate Organs Of Anencephalic Infants, Fazal Khan, Brian Lea

Scholarly Works

In October of 1987, Canadian doctors artificially sustained the life of an anencephalic infant so that her organs could be transplanted into another child, touching off a fiery debate. At the request of her parents, doctors connected Baby Gabrielle, who was born missing most of her brain, to a respirator before flying her to Loma Linda, California, where her heart was transplanted into the world's youngest recipient of a heart transplant. While Baby Gabrielle's parents insisted that their daughter's organs be used in this manner and were presumably happy with the resulting transplant, one of Baby Gabrielle's doctors expressed qualms …

Litigating Groups, Elizabeth Chamblee Burch

Scholarly Works

Large-scale litigation, such as the Vioxx, Zyprexa, and asbestos cases, breeds conflict. Conflicts arise between attorneys and their clients (agency problems), plaintiffs and other plaintiffs (group problems), and plaintiffs' attorneys and other plaintiffs' attorneys (competition problems). Although these cases cannot be certified as class actions, they still proceed en masse to achieve economies of scale and present a credible threat to defendants. Assuming that coordinating and consolidating large-scale litigation is systemically desirable, this Article explores a new approach to removing the group and agency problems that increase aggregate litigation's costs and undermine its normative goals such as fairness, compensation, and …

Coexisting With Cougars: Public Perceptions, Attitudes, And Awareness Of Cougars On The Urban-Rural Fringe Of Calgary, Alberta, Canada, Clarisse Thornton, Michael S. Quinn

Human–Wildlife Interactions

Interactions between humans and cougars (Puma concolor) have been steadily increasing over the past 20 years largely due to human encroachment into cougar habitat and an increase in the human population. We determined the attitudes, knowledge, and perceptions toward cougars by residents in the urban-rural fringe of Calgary, Alberta, Canada, an area populated by both cougars and humans. We sent a survey to a stratified, random sample of 1,508 residents. Survey analysis included a potential for conflict index (PCI) to help provide quantitative direction for future cougar management. We analyzed and tested for differences among 7 variables: livestock …

Microbial Communities And Associated Mineral Fabrics In Altamira Cave, Spain, Soledad Cuezva, Sergio Sanchez-Moral, Cesareo Saiz-Jimenez, Juan Carlos Cañaveras

International Journal of Speleology

Evidences of microbial colonizations were observed in Altamira Cave, Spain. These consisted of distinct small coloured colonies, both on walls and ceiling, mainly located in the area near the cave entrance, which progressed until reaching the Polychromes Hall. The colonizations were characterized by a high morphological and microstructural variability and related to biomineralization processes. Two main types of CaCO₃ deposits were related to the colonies: rosette- or nest-like aggregates of rhombohedral calcite crystals, and spheroid to hemispheroid CaCO₃ elements. Colonies distribution seems to be controlled by microenvironmental conditions inside the cavity. The areas of the cave showing higher …

Preparing Students For The Environment Of The Practice Of Consulting Engineer, James Mwangi, Craig Baltimore, Brent Nuttall

Architectural Engineering

In the United States of America, the body of knowledge required for an individual to be allowed to take the engineering licensing examination, which on passing allows the individual to be in responsible charge of engineering projects, is usually defined by laws and regulations of each state. In California, the shortest path taken by most individuals is one where the individual graduates from an ABET accredited undergraduate program; passes the Engineer in Training (EIT) examination and works under the supervision of a licensed engineer for two years (one year if the individual has a Masters degree in relevant field).

In …

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 …

Shareholder Bylaws And The Delaware Corporation, Christopher M. Bruner

Scholarly Works

Much like hostile tender offers in the 1980s and 1990s, shareholder bylaws purporting to limit board authority in key areas of corporate governance are, once again, forcing Delaware's courts to grapple with the fundamental nature of the corporate form.

In this (short) essay written for a roundtable discussion at the 2009 Annual Meeting of the Southeastern Association of Law Schools, I discuss CA, Inc. v. AFSCME Employees Pension Plan - the 2008 opinion in which the Delaware Supreme Court began to define the nature and scope of the shareholders' bylaw authority. In CA, Inc. the court held that a proposed …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

The United States Court of Appeals for the Eleventh Circuit decided cases in 2008 that addressed the scope of agency discretion in several contexts. In an issue of first impression under the Clean Air Act (CAA), the court held that the Environmental Protection Agency (EPA) properly exercised its discretion in not objecting to the issuance of an operating permit to a power company that the agency had earlier formally accused of violating the CAA. In another case, the court held that the Federal Emergency Management Agency had the discretion to protect endangered species while administering the National Flood Insurance Act …

The Experiences Of Women Who Live With An Implantable Cardioverter-Defibrillator (Lcd), Jenea Mary Smith

UNF Graduate Theses and Dissertations

The implantable cardioverter defibrillator (lCD) is the most effective treatment available for terminating potentially life-threatening ventricular fibrillation and ventricular tachycardia. The lCD detects and attempts to correct these arrhythmias by pacing, cardioversion, and defibrillation thereby providing lifesaving therapy to patients at risk for sudden cardiac death. Currently, 150,000 Americans receive ICDs each year. Although most lCD recipients are men, more women are now qualifying for insertion (Stutts, Cross, Conti, & Sears, 2007).

Despite its established health benefits, lCD implantation is accompanied by psychological factors which merit research attention. This study investigated the experiences of women who live an lCD. The …

Exploring Mentoring Experiences In College Student Affairs : A Q Methodology Study, Matthew Woodward Clifford

UNF Graduate Theses and Dissertations

The purpose of this study was to explore the experiences of new professionals in college student affairs as protégés in mentoring relationships. This study was designed as an exploratory study into the types of mentoring relationships that exist among college student affairs professionals, using Q methodology. The profession of college student affairs can use mentoring relationships to help recruit, train, develop, and retain high-quality individuals. Although mentoring relationships are frequently used to develop college student affairs professions, little is known about these relationships.

Fifty-five new professionals in college student affairs from 29 different states sorted 39 statements describing mentoring relationships …

A Theory Of Cultural Glocality, Sarah Elizabeth Fernandez

UNF Graduate Theses and Dissertations

A Theory of Cultural Glocality shows how globalization can be salvaged from the negativity that often surrounds it. Globalization has been the target of criticism that claims globalization is pushed on cultures and in the process is destroying local cultures. The purpose of this thesis is to explore the limitations of globalization critics and show that it is not a negative force, that there is a healthy form of globalization. Therefore, globalization does not have to be considered disastrous for local cultures. Glocalizing provides cultures with a way to balance the local and the global in a healthy way where …

The Impact Of Using Situational Management Communication Styles In Intercollegiate Athletics, Glen A. Sisk

University of the Pacific Theses and Dissertations

This study examined if supervisors within intercollegiate athletic settings have a higher tendency to use task-oriented management styles than supervisors outside of athletics. The study also assessed if athletic supervisors would have a higher tendency to adapt their leadership style based on situational factors. 214 respondents were asked to complete a five-part survey, comprised of two management communication styles, emotional intelligence, the Leadership Adaptability Style Index, and demographic information. Two additional questions raised in the study posed the same questions in relation to all respondents within athletics and those outside athletics. The results showed no significant differences in management styles …

Observations On The Cave-Associated Beetles (Coleoptera) Of Nova Scotia, Canada, Max Moseley

International Journal of Speleology

The cave-associated invertebrates of Nova Scotia constitute a fauna at a very early stage of post-glacial recolonization. The Coleoptera are characterized by low species diversity. A staphylinid Quedius spelaeus spelaeus, a predator, is the only regularly encountered beetle. Ten other terrestrial species registered from cave environments in the province are collected infrequently. They include three other rove-beetles: Brathinus nitidus, Gennadota canadensis and Atheta annexa. The latter two together with Catops gratiosus (Leiodidae) constitute a small group of cave-associated beetles found in decompositional situations. Quedius s. spelaeus and a small suite of other guanophiles live in accumulations of …