Digital Commons Network^™

The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Connected Coordination: Network Structure And Group Coordination, Mathew D. Mccubbins, Ramamohan Paturi, Nicholas Weller

Faculty Scholarship

Networks can affect a group’s ability to solve a coordination problem. We utilize laboratory experiments to study the conditions under which groups of subjects can solve coordination games. We investigate a variety of different network structures, and we also investigate coordination games with symmetric and asymmetric payoffs. Our results show that network connections facilitate coordination in both symmetric and asymmetric games. Most significantly, we find that increases in the number of network connections encourage coordination even when payoffs are highly asymmetric. These results shed light on the conditions that may facilitate coordination in real-world networks.

Knowing When To Trust Others: An Erp Study Of Decision-Making After Receiving Information From Unknown People, Cheryl Boudreau, Mathew D. Mccubbins, Seana Coulson

Faculty Scholarship

To address the neurocognitive mechanisms that underlie choices made after receiving information from an anonymous individual, reaction times (Experiment 1) and event-related brain potentials (Experiment 2) were recorded as participants played 3 variants of the Coin Toss game. In this game, participants guess the outcomes of unseen coin tosses after a person in another room (dubbed “the reporter”) observes the coin toss outcomes and then sends reports (which may or may not be truthful) to participants about whether the coins landed on heads or tails. Participants knew that the reporter's interests either were aligned with their own (Common Interests), opposed …

Competition In The Courtroom: When Does Expert Testimony Improve Jurors’ Decisions?, Cheryl Boudreau, Mathew D. Mccubbins

Faculty Scholarship

Many scholars lament the increasing complexity of jury trials and question whether the testimony of competing experts helps unsophisticated jurors to make informed decisions. In this article, we analyze experimentally the effects that the testimony of competing experts has on (1) sophisticated versus unsophisticated subjects' decisions and (2) subjects' deci- sions on difficult versus easy problems. Our results demonstrate that competing expert testimony, by itself, does not help unsophisticated subjects to behave as though they are sophisticated, nor does it help subjects make comparable decisions on difficult and easy problems. When we impose additional institutions (such as penalties for lying …

Lawfare: A Decisive Element Of 21st-Century Conflicts?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Why The Chinese Public Prefer Administrative Petitioning Over Litigation, Taisu Zhang

Faculty Scholarship

In recent years, the Chinese public, when facing disputes with government officials, have preferred a non-legal means of resolution, the Xinfang system, over litigation. Some scholars explain this by claiming that administrative litigation is less effective than Xinfang petitioning. Others argue that the Chinese have historically eschewed litigation and continue to do so habitually. This paper proposes a new explanation: Chinese have traditionally litigated administrative disputes, but only when legal procedure is not too adversarial and allows for the possibility of reconciliation through court-directed settlement. Since this possibility does not formally exist in modern Chinese administrative litigation, people tend to …

Reasons To Write, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

A Jag In La La Land, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne

Faculty Scholarship

This article reports on the thick layers of law applicable to claims of religious exception to public and private employment workplaces in the United States. It reviews the Supreme Court's First and Fourteenth Amendment salient holdings, distinguishing public sector (government) workplaces, and the extent to which legislative bodies may and may not oblige private employers to "accommodate" religiously-asserted requirements. It also provides exhaustive footnote analyses of all major federal statutes (plus some representative state and local law variations) pertinent to the topic. Its principal conclusions are these: In the currently prevailing view of the U.S. Supreme Court, neither public nor …

Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar

Faculty Scholarship

Juries in medical malpractice trials are viewed as incompetent, anti-doctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about inflated claims. Jury verdicts on negligence are roughly similar to assessments made by medical experts and judges. Damage awards tend to correlate positively with the severity of injury. There are defensible reasons for large damage awards. Moreover, the largest awards are typically settled …

Bottomheavy: Legal Footnotes, Joan Ames Magat

Faculty Scholarship

For decades, legal footnotes have been the deserving target of both ample criticism and self-mockery. Apart from their complaints as to footnotes’ mere existence, most critics draw a bead on the ballooning of footnote content. Some journal editors, aspiring to respond to this sound theme, hopefully inform their authors of a preference for “light footnoting.” But where does an author begin to trim, and what editor has the audacity to slash what the author (or her research assistant) has so laboriously compiled below the line? Changing our footnote habits is about benefits and costs. To gain the former, we must …

A Careful Examination Of The Live Nation-Ticketmaster Merger, Barak D. Richman, Alan J. Meese

Faculty Scholarship

As great admirers of The Boss and as fans of live entertainment, we share in the popular dismay over rising ticket prices for live performances. But we have been asked as antitrust scholars to examine the proposed merger of Live Nation and Ticketmaster, and we do so with the objectivity and honesty called for by The Boss’s quotes above. The proposed merger has been the target of aggressive attacks from several industry commentators and popular figures, but the legal and policy question is whether the transaction is at odds with the nation’s antitrust laws.

One primary source of concern to …

Full Faith And Credit In The Early Congress, Stephen E. Sachs

Faculty Scholarship

After more than 200 years, the Full Faith and Credit Clause remains poorly understood. The Clause first issues a self-executing command (that "Full Faith and Credit shall be given"), and then empowers Congress to prescribe the manner of proof and the "Effect" of state records in other states. But if states must accord each other full faith and credit-and if nothing could be more than full-then what "Effect" could Congress give state records that they wouldn't have already? And conversely, how could Congress in any way reduce or alter the faith and credit that is due?

This Article seeks to …

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation James E. Coleman, Jr., James E. Coleman Jr., Angela Davis, Michael Gerhardt, K.C. Johnson, Lyrissa Lidsky, Howard M. Wasserman

Faculty Scholarship

This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools ("SEALS") in July 2008 in West Palm Beach, Florida

The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

Unpacking The State’S Reputation, Rachel Brewster

Faculty Scholarship

International law scholars debate when international law matters to states, how it matters, and whether we can improve compliance. One of the few areas of agreement is that fairly robust levels of compliance can be achieved by tapping into states’ concerns with their reputation. The logic is intuitively appealing: a state that violates international law develops a bad reputation, which leads other states to exclude the violator from future cooperative opportunities. Anticipating a loss of future gains, states will often comply with international rules that are not in their immediate interests. The level of compliance that reputation can sustain depends, …

Shadow Unilateralism: Enforcing International Trade Law At The Wto, Rachel Brewster

Faculty Scholarship

This short essay briefly traces the evolution of trade law enforcement from the the GATT to the WTO regime. The WTO's Dispute Settlement Understanding (DSU) is widely viewed as a major innovation from the GATT regime in that it subordinates unilateral enforcement of trade law to a rule-based system of multilateral enforcement. I recognize the successes of the WTO regime but the institution effective permits (if not encourages) the unilateral enforcement of trade law outside of the DSU framework Specifically, I examine how the DSU system only provides a prospective remedy - that is, the DSU permits retaliation only for …

The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing “First Drafts,” Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller

Faculty Scholarship

Fabricated testimony by informants often plays an important role in convictions of the innocent. In this article, I examine the particularly problematic situation of defendants who are innocent of the particular crime charged but are not strangers to crime. As to such defendants, potential informants abound among crime associates, and they have a ready story line that authorities are preconditioned to accept. Independent proof, which could be an antidote, will predictably be lacking. Indeed, that the informant has exclusive, critical knowledge often leads the prosecution to offer particularly tempting deals.

I focus on the case of Lee Wayne Hunt, a …

Keynote Address: The Case For A Market Liquidity Provider Of Last Resort, Steven L. Schwarcz

Faculty Scholarship

This short paper, prepared as a keynote address, explains why the credit crunch is fundamentally a story about financial markets, not banks. Its cause was a collapse of securitization and other debt markets, which have become major sources of financing for consumers and companies. Deprived of this financing, consumers have had difficulty purchasing homes and automobiles, and companies have had difficulty purchasing inventory and making capital investments, causing the real economy to shrink. This paper examines how these financial markets should be protected. Although already subject to many prescriptive regulatory protections, these markets evolve faster than regulation can adapt. The …

Investigating The Potential Contributors To Non-Suicidal Self-Injury: Stress, Emotional Dysregulation, And Alexithymia, Kelly K. Espenschade

Dissertations and Theses @ UNI

Research has investigated perceived stress, non-suicidal self-injury (NSSI), emotional dysregulation, and alexithymia independently. However, there have been no studies to date that have simultaneously examined the relationship among all these variables. The purpose of this study was to examine these variables among those who had or had not engaged in NSSI. Five hundred seventy-seven college students completed self report measures of non-suicidal self-injury, perceived stress level, emotional dysregulation, and alexithymia. As hypothesized, those who had engaged in self-harm behaviors reported higher levels of perceived stress, emotional dysregulation, and alexithymia. There were no gender differences except on perceived stress levels, where …

Institutional Racism And Public Policy : A Critical Discourse Analysis Of The War On Drugs, Kyle L. Mahannah

Dissertations and Theses @ UNI

Through reviewing the concept of institutional racism, I examine how this concept has been employed in the discourse on the war on drug. Moreover, I explore how this term has been employed by opponents and proponents on the war on drugs. First, I explore how the term 'institutional racism' is defined by various authors and scholars. I then reviewed how the United State Supreme Court has set precedents regarding intentional and unintentional discrimination. I also investigate how the concept of institutional racism is used in the discourse on American institutions of education, economics, law, and politics. l then review how …

The Impact Of Levene's Test Of Equality Of Variances On Statistical Theory And Practice., Joseph L. Gastwirth, Yulia R. Gel, Weiwen Miao

Mathematics & Statistics Faculty Scholarship

No abstract provided.

The Church And Convento Of Santo Domingo Yanhuitlan, Oaxaca: Art, Politics, And Religion In A Mixtec Village, Sixteenth Through Eighteenth Centuries, Alessia Frassani

Dissertations, Theses, and Capstone Projects

The mission-building campaign undertaken in the Americas in the years following the Spanish conquest (1521-1546) is the largest and most ambitious evangelical and artistic enterprise in the history of the Catholic Church. In the span of just a few decades, Spanish mendicant friars, at the head of the missionary efforts, established hundreds of conventos (missions) in both colonial cities and provinces. These institutions did not merely accommodate friars. Planned to carry out doctrinal, educational, and liturgical activities, they soon became booming economic and cultural centers.

This dissertation focuses on the convento in the Mixtec town of Yanhuitlan in Oaxaca, southwestern …

Eduardo Chibás: The Incorrigible Man Of Cuban Politics, Ilan Ehrlich

Dissertations, Theses, and Capstone Projects

There is ample evidence to suggest that Eduardo Chibás (1907-1951), despite never having been president, was of primary importance to Cuba’s political system in the years 1940-1952. As a congressman, senator and presidential candidate who was also the island’s most popular radio commentator, Chibás was afforded an excellent opportunity to alter government policy and shape public opinion. Specifically, Chibás denounced what he saw as the vices and inadequacies of Cuba’s fledgling democracy, especially corruption in public office. By all accounts, Chibás was a man of unquestioned probity. Unlike his political rivals, who gained financially from their elected positions, Chibás’ economic …

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

Faculty Scholarship

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 …

The Enhancement Of Graduate Digital Forensics Education Via The Dc3 Digital Forensics Challenge, Timothy H. Lacey, Gilbert L. Peterson, Robert F. Mills

Faculty Publications

No abstract provided.

Marketing Orlando As A Tourism Destination: Collaboration And Competitiveness, Youcheng Wang

Dick Pope Sr. Institute Publications

No abstract provided.

Colorblind, Deaf And Dumb: Examining Race In A Contemporary American High School, Brendan Bedell

Dissertations

Despite rhetoric of a meritocratic education system, there is little doubt that race still plays a significant role in advantaging white students while disadvantaging black students in school. These advantages and disadvantages are subtly carried out. The root causes of racial disparities in schools are not easily identified and often considered taboo outside of the academy. There is little research that assesses the ways in which students understand the relationship between race and schooling when compared to professional educators. Therefore, the research question for this project was: What language and perspectives do school personnel use in discussing race and what …