Digital Commons Network^™

Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr

Articles

Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …

Peking University School Of Transnational Law: A New Venture In International Legal Relations, Howard Bromberg

Articles

The School of Transnational Law (STL) is largely the work of two men of vision, Hai Wen, Vice-President of Peking University, and Jeffrey Lehman, former Dean of the University of Michigan Law School and President of Cornell University. Both were instrumental members of the Joint Center for China-U.S. Law and Policy Studies Institute (the Joint Center), founded in 2005, whose mission is to “nurture harmony between the Chinese and American legal systems through the dissemination of knowledge.” Hai and Lehman aspired to create a law school that would integrate China’s bold entry into global business and international diplomacy with a …

How Should We Study District Judge Decision-Making?, Pauline T. Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin

Articles

Understanding judicial decision-making requires attention to the specific institutional settings in which judges operate. The choices available to judges are determined not only by the law and facts of the case but also by procedural context. The incentives and constraints shaping judges’ decision-making will vary depending on, for example, whether they have a life-appointment or are elected; whether they hear cases alone or with colleagues; and whether and under what circumstances their decisions might be altered, overturned, or undone by the actions of others. The basic insight that the institutional context matters has led to increasingly sophisticated studies of how …

An Introduction To The Solo Piano Works Of Three Latin American Composers: Miguel Del Aguila, Tania Leon, And Juan Maria Solare., Yew Choong Cheong

Graduate Theses, Dissertations, and Problem Reports (ETD)

The American musical scene, since 1950, has been complex and varied, and the musical developments in Latin America have been no exception: the composers, both the native-born and the emigre, have written and continue to write in every known style, embracing such diverse musical influences as European Art Music, vernacular music, and non-Western world music. The musical culture of Latin America is extraordinarily rich, with its historical development that can be traced back to the pre-Columbian era (before 1500). The music of three contemporary Latin American composers—Miguel del Aguila, Tania Leon, and Juan Maria Solare—reflect a postmodern aesthetic in that …

Assessment Of Social Anxiety In Early Childhood: Initial Test Construction And *Validation., Daniel B. Chorney

Graduate Theses, Dissertations, and Problem Reports (ETD)

Social anxiety is experienced across the lifespan, with many individuals reporting symptoms of anxiety and shyness from a very early age in childhood. A number of measures have been designed to assess social anxiety in children, adolescents, and adults, yet little attention has been focused on children below 8 years of age. While some debate exists concerning children's ability to reliably report symptoms of anxiety in early childhood, recent research has indicated that accurate data can be obtained if the measures utilized are developmentally sensitive and not simply downward extensions of measures used to examine social anxiety in adults. Obtaining …

The Use Of A Five-Part Lens To Create Musical "Portraits" Of The Five Queens In "Try Me, Good King" By Libby Larsen., Cynthia Conner-Bess

Graduate Theses, Dissertations, and Problem Reports (ETD)

The issues presented in this paper are a nexus of several concerns: feminist criticism concerning the history of the wives of Henry VIII; applying methodologies of acting to develop a framework or process for the preparation of art songs through an original template of five lenses; and using a song cycle by Libby Larsen that provides both a focus and an example. This study introduces an interpretive process or co-creative strategy—a five-part lens for the preparation and interpretation of the songs by the singing artist. This five-part lens is designed to help bring a personal and unique interpretation—to breathe life …

Book/Tax Conformity And Equity Compensation, David I. Walker, Victor Fleischer

Faculty Scholarship

Should we require companies to report the same amount of income to the IRS as they report to their shareholders? The idea behind "book/tax conformity" is that managers' desire to increase reported earnings would act as a check on their desire to minimize taxable income, and vice versa. Some scholars have proposed a comprehensive approach, adopting financial income as the basis for corporate taxation. Legislators, meanwhile, have offered a targeted approach that singles out equity compensation, which has historically been a significant source of the "gap" between book income and taxable income.

This Article argues that book/tax conformity carries unexplored …

Combating Midnight Regulation, Jack M. Beermann

Faculty Scholarship

The flurry of regulatory activity by the outgoing administration of President George W. Bush has raised, once again, the specter of midnight regulation. Whatever the reason for midnight regulation, there seems to be a general consensus that something has gone wrong when an outgoing administration takes important action while the incoming administration is essentially waiting to take over. Most late term action is subject to the obvious question of "if this action was so important, why didn't the administration take it in the last seven and three-quarters years or so?" Even though the Constitution leaves the incumbent in office for …

Effects Of Age And Polyploidy On Growth, Composition, Fatty Acids, And Egg Development In Rainbow Trout, Oncorhynchus Mykiss., Meghan Lynn Manor

Graduate Theses, Dissertations, and Problem Reports (ETD)

Egg development (vitellogenesis) is a dominant physiological process that alters growth efficiency and compromises muscle quality in some species. Lipid mobilization from fat stores supplies energy required for this process. To study the effect of vitellogenesis on lipid mobilization, triploid (3N; sterile) and diploid (2N; fertile) rainbow trout females were derived from two families (70 and 71). Fish growth, egg development, proximate composition, and fatty acid composition of muscle, liver, visceral fat, and gonads were determined from July 2008 to March 2009. There were no differences in growth measurements (whole body weight, length, condition factor, eviscerated body weight, and empty …

Parent-Child Interaction Therapy: The Effects Of Parental Attention Components On Children's Verbalizations And Attending-To-Task Behaviors., Ashley B. Tempel

Graduate Theses, Dissertations, and Problem Reports (ETD)

Various evidence-based behavioral parent training programs are theoretically designed to target parenting skills that enhance parent-child interactions. Many similarities exist across the empirically-supported interventions, however programs also include unique components (e.g., use of reflections in Parent-Child Interaction Therapy). Empirical examination of individual components is necessary to inform components that promote or deter intervention effectiveness and efficiency. An empirically established association among language delays, behavior difficulties, and poor longitudinal outcomes further supports a need for identification of facilitative components. Currently, examinations of individual components have largely targeted the effects of praise and time-out. Despite clinical assertions that additional components serve important …

Variation Of Morphology And Elemental Concentrations In The California Nickel Hyperaccumulator Streptanthus Polygaloides (Brassicaceae), Robert S. Boyd, Michael A. Wall, Scott R. Santos, Michael A. Davis

Faculty Publications

The Ni hyperaccumulator Strepthanthus polygaloides (Brassicaceae) is one of a handful of Ni hyperaccumulators known from continental North America. Surveys have revealed four distinctive morphs of this species, relying primarily on floral traits (sepal color and shape): a purple sepal morph (P), a yellow sepal morph (Y), a morph in which sepals start yellow and mature to purple (Y/P), and a morph with light yellow undulate sepals (U). In this study, we raised plants from ten populations (five Y, three P, one Y/P, and one U) under uniform greenhouse conditions to determine if morphs varied in morphology and elemental concentrations …

A Distribution-Free Convolution Model For Background Correction Of Oligonucleotide Microarray Data, Zhongxue Chen, Monnie Mcgee, Qingzhong Liu, Megan Kong, Youping Deng, Richard H. Scheuermann

Faculty Publications

Introduction

Affymetrix GeneChip^® high-density oligonucleotide arrays are widely used in biological and medical research because of production reproducibility, which facilitates the comparison of results between experiment runs. In order to obtain high-level classification and cluster analysis that can be trusted, it is important to perform various pre-processing steps on the probe-level data to control for variability in sample processing and array hybridization. Many proposed preprocessing methods are parametric, in that they assume that the background noise generated by microarray data is a random sample from a statistical distribution, typically a normal distribution. The quality of the final results depends …

High-Throughput Next-Generation Sequencing Technologies Foster New Cutting-Edge Computing Techniques In Bioinformatics, Mary Qu Yang, Brian D. Athey, Hamid R. Arabnia, Andrew H. Sung, Qingzhong Liu, Jack Y. Yang, Jinghe Mao, Youping Deng

Faculty Publications

The advent of high-throughput next generation sequencing technologies have fostered enormous potential applications of supercomputing techniques in genome sequencing, epi-genetics, metagenomics, personalized medicine, discovery of non-coding RNAs and protein-binding sites. To this end, the 2008 International Conference on Bioinformatics and Computational Biology (Biocomp) - 2008 World Congress on Computer Science, Computer Engineering and Applied Computing (Worldcomp) was designed to promote synergistic inter/multidisciplinary research and education in response to the current research trends and advances. The conference attracted more than two thousand scientists, medical doctors, engineers, professors and students gathered at Las Vegas, Nevada, USA during July 14-17 and received great …

An Ensemble Learning Approach To Reverse-Engineering Transcriptional Regulatory Networks From Time-Series Gene Expression Data, Jianhua Ruan, Youping Deng, Edward J. Perkins, Weixiong Zhang

Faculty Publications

Background

One of the most challenging tasks in the post-genomic era is to reconstruct the transcriptional regulatory networks. The goal is to reveal, for each gene that responds to a certain biological event, which transcription factors affect its expression, and how a set of transcription factors coordinate to accomplish temporal and spatial specific regulations.

Results

Here we propose a supervised machine learning approach to address these questions. We focus our study on the gene transcriptional regulation of the cell cycle in the budding yeast, thanks to the large amount of data available and relatively well-understood biology, although the main ideas …

The Non-Option: Understanding The Dearth Of Discounted Employee Stock Options, David I. Walker

Faculty Scholarship

Contemporaneous grants of both stock and at-the-money options to individual employees of U.S. public companies indicates demand for equity compensation packages that are in the money, i.e., packages of equity pay instruments that in aggregate have payoff profiles and incentive properties that are similar to explicit in-the-money employee stock options. However, several tax rules (and formerly accounting rules) strongly discourage grants of explicit in-the-money options, including recently enacted IRC - 409A, which essentially precludes the use of explicitly discounted options by taxing these instruments at vesting, rather than at exercise, and adding a 20% penalty tax. This article explores whether …

The Challenge Of Improving The Long-Term Focus Of Executive Pay, David I. Walker

Faculty Scholarship

A consensus is developing that executive compensation in the U.S. is inadequately linked to long-termcompany performance, resulting in reckless, short-term decision making. Congress, the Obama administration, and academic commentators have recently embraced dramatic restrictions on the form and holding period of senior executive pay, at least at some companies. A common view, apparently, is that while regulation of the amount of executive pay would do more harm than good, regulation of form and term is desirable.

This essay questions that view. It highlights the challenges of fruitfully regulating the term and form of payarising from the complexity and diversity of …

Concerns, Social Support, And Health -Related Quality Of Life Of Mothers., Susan B. Coyle

Graduate Theses, Dissertations, and Problem Reports (ETD)

Mothers are primary caregivers and gatekeepers for family health yet little is known about the nature and level of maternal concern, social support, and health-related quality of life for mothers across the maternal continuum. This research was designed to examine the relationship between maternal concerns and health-related quality of life, describe the impact of social support on this relationship, identify the relationship between sociodemographic factors and concern, social support and HRQOL, and identify differences in these variables among categories of mothers. Participants were 238 mothers from Maryland, West Virginia, and Pennsylvania who completed a mail survey. The sample was composed …

Metals Or Management? Explaining Africa's Recent Economic Growth Spurt, Laura Nyantung Beny, Lisa D. Cook

Articles

Explanations for Africa's poor long-run growth performance have varied over time. The theories examined include geography (Jeffrey D. Sachs and Andrew Warner 1997); institutions (William Easterly and Ross Levine 1997; Daron Acemoglu, Simon Johnson, and James Robinson 2001, 2002; Nathan Nunn 2007, 2008); health (David Bloom and Sachs 1998; Gregory N. Price 2003); and economic dependency (William Darity 1982). More recently, economists have attempted to explain what The Economist has called Africa's new "period of unparalleled economic success" (The Economist 2008a, 33). Average annual real GDP growth was 1.8 percent between 1980 and 1989 and increased to 4.4 percent between …

Letting Good Deeds Go Unpunished: Volunteer Immunity Laws And Tort Deterrence, Jill R. Horwitz, Joseph Mead

Articles

Does tort law deter risky behavior in individuals? We explore this question by examining the relationship between tort immunity and volunteering. During the 1980s and 1990s, nearly every state provided some degree of volunteer immunity. Congress followed with the 1997 Volunteer Protection Act. This article analyzes these acts, identifying three motivations for them: the chilling effects of tort liability, limits on liability insurance, and moral concerns. Using data from the Independent Survey’s Giving and Volunteering surveys, we then identify a large and positive correlation between immunity and volunteering. We next consider the implications of the findings for tort theory and …

Finding A Reasonable Way To Enforce The Reasonable Efforts Requirement In Child Protection Cases, Jeanne M. Kaiser

Faculty Scholarship

Under federal law, state child protection agencies are required to exert "reasonable efforts" to reunite abused and neglected children with their parents before seeking to terminate parental rights and free the children for adoption. The scope of this requirement is undefined in federal statutes and in the statutory law of many states. As a result, it has fallen to appellate courts to determine the degree of effort a state agency must exert before the relationship between a parent and a child is severed. This has proven no easy task. By the time a parental termination case has reached an appellate …

National Security Without Secret Laws: How Other Nations Balance National Security Interests And Transparency Of The Law, Sudha Setty

Faculty Scholarship

This Article explores the issues surrounding, and the arguments against, secret law by providing an international comparative perspective. As an example of secret law, the Author cites the lack of transparency surrounding the Bush Administration Department of Justice’s Office of Legal Counsel (OLC) March 2003 torture policy memorandum, which was kept secret for years before being declassified and disclosed in April 2008 in response to a Freedom of Information Act lawsuit. The Author examines the justifications given for nondisclosure, such as arguments that disclosure is incompatible with prioritizing national security. In brief, the Author rejects such a formulation, stating “[t]he …

No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty

Faculty Scholarship

One of the key hallmarks of a democratic nation is that there are no secret laws. In the post-September 11, 2001 era, the George W. Bush administration relied on national security concerns and the unitary executive theory of presidential power as justifications for maintaining secret legal policies that govern parts of the war on terrorism that affect serious issues of human rights and civil liberties. These legal policies sometimes staked out positions that are at odds with legislation, treaties, and court decisions—but the parameters of the executive branch legal policies were sometimes unknown because of the lack of public disclosure. …

The Upc Addresses The Class-Gift And Intestacy Rights Of Children Of Assisted Reproduction Technologies, Lawrence W. Waggoner, Sheldon F. Kurtz

Articles

Editor's Synopsis: Recent years' advances in assisted reproduction technology have enabled the conception of children in ways in addition to the traditional way. The Uniform Probate Code was amended last year to address the status of children born from assisted reproductive technologies for intestacy and class-gift purposes. This article discusses the relevant UPC provisions and offers several hypothetical cases to show how they operate. The article concludes expressing the hope that states will consider the new UPC approach.

Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin

Faculty Scholarship

As a result of several recent studies and changes in the ABA's Standards for Approval of Law Schools, legal education is paying more attention to skills training for law students. The need to bring the skills and values of business lawyers into the classroom has never been greater, yet there remains a real risk that "skills training" may be skewed in favor of litgation skills, with little emphasis given to transactional practice. This Article assesses some of the obstacles that stand in the way of effective integration of transactional skills into the law school curriculum and offers some concrete suggestions …

Taming The Employment Sharks: The Case For Regulating Profit-Driven Labor Market Intermediaries In High Mobility Labor Markets, Harris Freeman, George Gonos

Faculty Scholarship

Over the last quarter century, a profound restructuring of U.S. labor markets has occurred. Long-term job tenure, internal labor markets, and employer-sponsored benefits have waned under the pressures of neoliberal globalization. The trend is toward increasingly precarious, shorter-term, serial employment relationships that offer significantly lower wages, reduced job-related benefits, and formidable obstacles to the exercise of employment rights. This fundamental shift has moved so-called “non-standard” employment arrangements, once viewed as marginal, into the core economy. As a result, a remarkable array of profit-driven labor market intermediaries (LMIs) are now embedded in mainstream labor markets. Temporary help and staffing agencies, payrolling …

Instant (Gender) Messaging: Expression-Based Challenges To State Enforcement Of Gender Norms, Taylor Flynn

Faculty Scholarship

Most challenges to state enforced conformity with gender norms are almost solely status-based equality claims. Given that a common term deployed by members of the trans community and in antidiscrimination laws is "gender identity and expression," situating such challenges in expression may, at first glance, appear to be little more than linguistic legerdemain. An understanding of gender as expressive, however, helps capture an often unarticulated, yet central aspect, of the harm enforced conformity inflicts on trans persons---compelled expression of the state's gender message over their profound objection. Consider governmental insistence that a trans student or employee present herself, through dress …

The Future Of American Labor And Employment Law: Hopes, Dreams, And Realities, Theodore J. St. Antoine

Articles

In many respects the US is a deeply conservative country. Unique among the major industrial democracies of the world, it imposes the death penalty, provides no national health insurance, fixes a high legal drinking age, and subscribes to the doctrine of employment at will. Perhaps not surprisingly, its labor movement is also one of the most conservative on earth, eschewing class warfare and aiming largely at the bread-and-butter goal of improved wages, benefits, and working conditions. Yet American employers have generally never been as accepting of unionization as their counterparts in other countries (Bok 1971; Freeman and Medoff 1984). Over …

Bargaining In The Shadow Of Rate-Setting Courts, Daniel A. Crane

Articles

Judges will tell you that they are comparatively poor rate regulators. The specialized, technical competence and supervisory capacity that public utilities commissions enjoy are usually absent from judicial chambers. Nonetheless, when granting antitrust remedies-particularly remedies for monopolistic abuse of intellectual property-courts sometimes purport to act as rate regulators for the licensing or sale of the defendant's assets. At the outset, we should distinguish between two forms ofjudicial rate setting. In one form, a court (or the FTC in its adjudicative capacity) grants a compulsory license and sets a specific rate as part of a final judgment or an order. The …

Lead Poisoning: An Alarming Public Health Problem In Bangladesh, Amal K. Mitra, Akhlaque Haque, Manirul Islam, S.A. M.K. Bashar

Faculty Publications

To assess the risk of lead poisoning among preschool and school-aged children in Bangladesh, 345 children were screened for blood lead levels (BLLs) from one rural and two urban areas in Bangladesh from September 2007 through January 2008. An urban industrial area at Tongi was identified as a disaster area, where 99% (104/105) of those tested had BLLs >= 10 mu g/dL. Industrial emissions and use of leaded gasoline by two-stroke engine vehicles were identified as possible sources of lead in that area. A rural nonindustrial area at Chirirbandar, Dinajpur was identified as another high-risk area, where 14% of the …

When Child Protective Services Comes Knocking, Vivek Sankaran

Articles

A child protective services (CPS) worker knocks on the door of your client, a 36-year-old mother involved in a contentious child custody case. The worker reveals only that she received an anonymous phone call alleging that your client physically abused her son and now she must investigate those allegations under state law. The worker demands to enter the house, interview the children, and inspect the premises. She threatens that a lack of cooperation may result in the filing of a court petition and the possible removal of the child. Your panicked client calls with a plethora of questions: Can CPS …