Digital Commons Network^™

The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton

Articles

No abstract provided.

The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton

Articles

No abstract provided.

Political Responses To Supreme Court Decisions, Marci A. Hamilton

Articles

No abstract provided.

Takeover Regulation In The United States And Europe: An Institutional Approach, William Magnuson

Faculty Scholarship

While convergence may be the word of the day in corporate governance, it is noticeably absent in takeover regulation. The United States and Europe have adopted strongly dissimilar laws governing the process and substance of hostile tender offers, and their respective paths seem to be diverging rather than converging. This paper argues that much of this difference can be explained by process and institutional competency: courts have played the primary role in the development of American law, while political actors dominated the E.U. adoption of the Takeover Directive.

Stakeholder Participation In New Governance: Lessons From Chicago, Lisa T. Alexander

Faculty Scholarship

The efficacy of the public-private partnership as a tool for social reform is the subject of continued scholarly and public debate. New governance theory, an increasingly popular form of jurisprudence, constructs an optimistic vision of stakeholder collaboration in public-private partnerships that justifies the use of the public-private partnership in regulatory reform. New governance scholars contend that recent governance trends such as devolution, deregulation, decentralization, and privatization create opportunities for previously marginalized stakeholders to more fully participate in public problem-solving. New governance scholars expect that both public and private stakeholders, with differing interests, skills and objectives, will effectively collaborate to solve …

The Continuity Of Justification Defenses, Kyron J. Huigens

Articles

This Article presents a legal theory of legal justification. It examines the elements of offense definitions and justification defensesor, more accurately, the conjunctions and disjunctions between these elements-to resolve a longstanding issue in the theory of legal punishment. The unjustified actor who believes she is justified seems to deserve an acquittal, while the justified actor who does not know he is justified seems to deserve conviction. But we face a dilemma: we seem to have to acquit both or convict both. This Article shows a principled way to rule the mistakenly unjustified actor within, and the mistakenly justified actor out …

Disaggregating The Regional-Multilateral Overlap: The Nafta Looking-Glass, Elizabeth Trujillo

Faculty Scholarship

This short piece explores regionalism through the lens of NAFTA and examines its relationship to the multilateral trade regime and its effects on domestic policy. It tries to better understand the legal paradigm that allows the public aspects of trade law to intersect with the private interests of private investors. The rich jurisprudence of the Chapter 11 investment chapter of NAFTA provides a looking-glass into the complex interplay of state and non-state actors who navigate through the regional and multilateral trade and investment frameworks to further their interests. By disaggregating these overlaps, the paper illuminates this interplay which allows private …

When The Lawyer Knows The Client Is Guilty: Client Confessions In Legal Ethics, Popular Culture, And Literature, Michael Asimow, Richard H. Weisberg

Articles

The article explores the ethical dilemma faced by criminal defense lawyers when they know their client is factually guilty but the client insists on a vigorous defense. It examines the tension between the lawyer’s duty of zealous representation and the duty of candor toward the court, proposing a compromise that allows lawyers discretion to choose between strong or weak adversarial approaches based on the context. The analysis draws on historical cases, such as the Courvoisier case of 1840 and the modern case of Steven Feldman, as well as insights from popular culture and literary sources, to argue that the discretionary …

Strict-Dominance Solvability Of Games On Continuous Strategy Spaces, Andrew Campbell Elkington

Theses and Dissertations (Comprehensive)

The concept of strict dominance provides a technique that can be used normatively to predict the play of games based only on the assumption of individual rationality. Such predictions, unlike those based on Nash equilibria, do not depend on players’ beliefs about the behaviour of others. One strategy strictly dominates another if and only if the payoff from the first strategy is strictly greater than the payoff from the second, no matter how the opponent(s) plays. It is possible for iterated elimination of strictly dominated strategies to remove all but a single choice for each player, in which case we …

Exploring The Experience Of University Students Coping With Acquired Or Traumatic Brain Injury, Halina Kay Lin Haag

Theses and Dissertations (Comprehensive)

Mild to moderate brain injury (MBI) can be a complex condition resulting in diffuse impairments that require flexible and creative supportive interventions for university students living with MBI. This study sought to increase awareness and understanding of MBI, enrich the body of lived experience research, amplify the voices of the participants and create a catalyst for change. The participants’ lived experience of the role of the negative social perception of impairment within an organizational context and the individual’s internalization of this social construct into chronic shame are critically examined. The study utilizes a multimethod approach that is influenced by the …

Neural And Behavioral Responses To The Use Of Auditory Feedback In Vocal Control, Colin S. Haweo

Theses and Dissertations (Comprehensive)

A large body of evidence suggests that the motor system maintains a forward model that predicts the sensory outcome of movements. When sensory feedback does not match the predicted consequences, a compensatory response corrects for the motor error and the forward model is updated to prevent future errors. Like other motor behaviours, vocalization relies on sensory feedback for the maintenance of forward models and to stabilize vocalizations.

Experiment 1 used event-related potentials (ERPs) to examine sensory processing of short feedback perturbations during an ongoing utterance. In one session, participants produced a vowel at an FO of their own choosing. In …

Can Overeating Induce A Conditioned Taste Avoidance In Previously Restricted Rats?, Amanda Louise Hertel

Theses and Dissertations (Comprehensive)

While feeding is rewarding, the feeling of satiation has been theorized to be aversive under certain conditions. Using a food-restriction model of overeating developed in our laboratory the results presented here suggest that overeating, and the resulting experience of satiation, is capable of supporting a conditioned taste avoidance.

Rats had either ad lib (n=8) or restricted (n=24) food access (receiving 50% of the food eaten by ad lib fed rats) for 8 days. All rats were then given 24 hr access to a 0.1% saccharin solution, and two groups of food-restricted rats were given access to either 100% of the …

Simulation Studies On Estimation Of Variance Components For Multilevel Models, Sara Vakilian

Theses and Dissertations (Comprehensive)

With the presence of unequal sampling in a multilevel model, the weight inflated estimators for variance components can be biased even though the use of survey weights results in design consistent estimators of the parameters. In this thesis I will carry out a simulation study to examine the performance of current existing methods and I will examine the resampling method for correcting bias of estimators of variance components of a multilevel model with covariates. This study will be based on these three papers: “Weighting for Unequal Selection Probabilities in Multilevel Models” by D. Pfeffermann , C. J. Skinner, D.J. Holmes, …

Exploring Newcomer Settlement And Integration Supports In Brantford, And Brant-Haldimand-Norfolk Counties: Community-Based Participatory Research, Bharati Sethi

Theses and Dissertations (Comprehensive)

Much of the literature on recent immigrants focuses on a needs analysis from a deficit model where primarily formal services and programs related to employment issues are analyzed from a post-positivist or interpretivist framework. Using a strength-based approach this study examined other settlement issues including employment that are vital to the long-term viability of newcomers and the host society such as access to education, training (language and/or vocational), health care, and social network. Using Community Based Participatory Research (CBPR) philosophical framework and methodology, data were generated from various sources—quantitative and qualitative text in the survey questionnaire (service providers and newcomers), …

Implementing Technology In The Classroom: Assessing Teachers’ Needs Through The Use Of A Just-In-Time Support System, Alissa N. Anderson

Theses and Dissertations (Comprehensive)

Given the importance of computer technology in classrooms today, it is crucial to identify the types of supports that will facilitate teachers’ effective implementation of technology. Ten teachers (four kindergarten, four grade one, and two grade one/two) received just-in-time support while introducing a reading software program in their class. An additional 12 teachers (four kindergarten, seven grade one, and one grade two) were exposed to the software, but did not receive just-in-time support. Both quantitative and qualitative analyses of instructional sessions were conducted in order to determine the kinds of support that teachers required throughout the intervention. Results provided an …

Laboratory Studies In Chemically Mediated Phosphorus Removal, Rebecca L. Gilmore

Theses and Dissertations (Comprehensive)

Chemically mediated phosphorus removal, done during wastewater treatment, is an effective means of reducing nutrient loads to sensitive environments. Although this method of treatment is widely used, the mechanism of removal is poorly understood. Moreover, phosphorus regulations for wastewater effluents are moving to concentration ranges of 10-100 μg P/L (total phosphorus). This is much lower than current regulations (∼0.1 ∼0.2 mg P/L as TP) required by municipalities (Takács et al., 2006a; Murthy et al., 2005). The analytical methods for low level phosphate analysis need to be optimized to perform reliably and accurately at these low levels. To accomplish this, absorbance …

Population Density, Circulating Testosterone And Dawn Chorus Behaviour In White-Throated Sparrows (Zonotrichia Albicollis), Simon Richard Hall

Theses and Dissertations (Comprehensive)

An integrative approach to biological research has facilitated the study not only of specific phenomena, but of the connections between these phenomena. A particularly striking example is that of the relationships between testosterone, social behavior, and social context. Increased levels of testosterone increase the frequency of aggressive behaviors and reduce the quality of parental care in many songbird species, and these changes in behavior can affect the surrounding social environment. Different social contexts, population density as a readily studied example, affect the cues that control the release of testosterone into the bloodstream. The distinct tan-stripe and white-stripe phenotypic morphs of …

Effects Of Context On Target Localization, Cheryl M. Lavell

Theses and Dissertations (Comprehensive)

The purpose of this thesis was to investigate how the presence of non-target objects can influence the planning of a movement towards a remembered target location. One specific aim was to examine how the temporal effects of the task could affect movement planning. The final aim of this thesis was to examine whether or not the mere presence of extrinsic cues can suppress the encoding of intrinsic cues.

It was found that when non-target objects are presented simultaneously with the target, interference occurs; however, if the non-target objects are presented at least 250 ms in advance of the targets performance …

First-Passage Time Models With A Stochastic Time Change In Credit Risk, Hui Li

Theses and Dissertations (Comprehensive)

Many authors have used a time-changed Brownian motion as a model of log-stock returns. Using a Levy process as a stochastic time change, one obtains well known asset price models such as the variance gamma (VG) and normal inverse Gaussian (NIG) models. Following on the heels of these asset price models, it is natural to extend structural credit models by using a time-changed geometric Brownian motion and other jump-diffusion processes to model the value of a firm. To avoid the difficulties that arise in computing the associated first passage time distribution and in analogy to the time-changed Markov chain models, …

London As Delaware?, Adam C. Pritchard

Articles

Jurisdictional competition in corporate law has long been a staple of academic-and sometimes, political-debate in the United States. State corporate law, by long-standing tradition in the United States, determines most questions of internal corporate governance-the role of boards of directors, the allocation of authority between directors, managers and shareholders, etc.-while federal law governs questions of disclosure to shareholders-annual reports, proxy statements, and periodic filings. Despite substantial incursions by Congress, most recently in the Sarbanes-Oxley Act of 2002, this dividing line between state and federal law persists, so state law arguably has the most immediate impact on corporate governance outcomes.

Limits Of Interpretivism, Richard A. Primus

Articles

Justice Stephen Markman sits on the Supreme Court of my home state of Michigan. In that capacity, he says, he is involved in a struggle between two kinds of judging. On one side are judges like him. They follow the rules. On the other side are unconstrained judges who decide cases on the basis of what they think the law ought to be. This picture is relatively simple, and Justice Markman apparently approves of its simplicity. But matters may in fact be a good deal more complex.

Procedural Obstacles To Reviewing Ineffective Assistance Of Trial Counsel Claims In State And Federal Postconviction Proceedings., Eve Brensike Primus

Articles

Ineffective assistance of trial counsel is one of the most frequently raised claims in state and federal postconviction petitions. This is hardly surprising given reports of trial attorneys who refuse to investigate their cases before trial, never meet with their clients before the day of trial, and fail to file any motions or object to inadmissible evidence offered at trial. Unfortunately, the current structure of indigent defense funding makes it impossible for many public defenders to provide effective representation to their clients.

Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers

Articles

In the early 1950s, the typical graduate of Michigan Law began his career working as an associate in a law firm with four other lawyers and earned about $5,000 in his first year. Surprising to us today, in his new job he would have earned slightly less than other classmates whose first jobs were in government. Fifty years later, in the early 2000s, the typical graduate still started out as an associate in a law firm, but the firm she worked for had more than 400 lawyers. She earned about $114,000 in her first year, about three times as much …

The Oecd Harmful Tax Competition Report: A Tenth Anniversary Retrospective, Reuven S. Avi-Yonah

Articles

Eleven years ago the Organisation for Economic Co-operation and Development published its report "Harmful Tax Competition: An Emerging Global Issue." The Report identified for the first time two problem areas facing international income taxation of geographically mobile activities: tax havens and harmful preferential tax regimes. It sought to initiate activities to eliminate both types of problems.

Structure, Composition, And Mechanical Properties Of Australian Orthodontic Wires, Brian M. Pelsue, Spiros Zinelis, T. Gerard Bradley, David W. Berzins, Theodore Eliades, George Eliades

School of Dentistry Faculty Research and Publications

Objective: To investigate the surface morphology, structure, elemental composition, and key mechanical properties of various sizes and tempers of Australian wires.

Materials and Methods: Three types of Australian wire were used: 0.016″ regular, 0.018″ regular+, and 0.018″ special+ (A.J. Wilcock, Whittlesea, Victoria, Australia). Each type of wire was subjected to scanning electron microscopy (SEM) analysis, x-ray energy dispersive spectroscopy (EDS) investigation, Vickers hardness testing, and tensile testing. The modulus of elasticity and ultimate tensile strength were determined. Hardness, modulus, and strength data were analyzed with one-way analysis of variance (ANOVA) and Tukey testing at the .05 level of significance.

Results: …

Comparison Of Porcelain Surface And Flexural Strength Obtained By Microwave And Conventional Oven Glazing, Soni Prasad, Edward A. Monaco, Jr., Hyeongil Kim, Elaine L. Davis, Jane D. Brewer

School of Dentistry Faculty Research and Publications

Statement of problem. Although the superior qualities of microwave technology are common knowledge in the industry, effects of microwave glazing of dental ceramics have not been investigated.

Purpose. The purpose of this study was to investigate the surface roughness and flexural strength achieved by glazing porcelain specimens in a conventional and microwave oven.

Material and methods. Thirty specimens of each type of porcelain (Omega 900 and IPS d.Sign) were fabricated and sintered in a conventional oven. The specimens were further divided into 3 groups (n=10): hand polished (using diamond rotary ceramic polishers), microwave glazed, and conventional oven …

The Federal Courts As A Franchise: Rethinking The Justifications For Federal Question Jurisdiction, Gil Seinfeld

Articles

The components of the Federal Franchise model-procedural homogeneity, cultural conformity, and technical competence-should be familiar. The federal courts' capacity to provide these benefits has not escaped commentators' notice; indeed, there are points of connection between these features of federal court adjudication and the individual fragments of the conventional account.l0 But prior scholarly discussion of these themes has been unsystematic, treating them as (at best) secondary considerations when it comes to the allocation of federal question cases between the state and federal courts. This Article attempts to weave together these previously disconnected strands of thinking about federal court adjudication and to …

Secondary Human Rights Law, Monica Hakimi

Articles

In recent years, the United States has appeared before four different treaty bodies to defend its human rights record. The process is part of the human rights enforcement structure: each of the major universal treaties has an expert body that reviews and comments on compliance reports that states must periodically submit. What's striking about the treaty bodies' dialogues with the United States is not that they criticized it or disagreed with it on the content of certain substantive rules. (That was all expected.) It's the extent to which the two sides talked past each other. Each presumed a different set …

When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas C. Howson

Articles

In the aftermath of the global financial crisis of 2008–2009, investors, analysts, legislators, and pundits have spotlighted “good” or “improved” corporate governance as a remedy for all that presently ails us. It is one remedy in a long wish list that includes tougher requirements for risk capital, liquidity, and leverage; compensation and bonus reform; reimposition ofthe Glass-Steagall-like separation of bank “utility” and “casino” functions; the downsizing or breakup of institutions deemed “too big to fail;” enhanced consumer protection; securities law liability for secondary violators (like credit rating agencies); direct taxation of proprietary trading; “macroprudential” regulation; and new transparency requirements for …

Communicating Worry: An Intrapersonal Perspective, Linda Vangelis

Iowa Journal of Communication

Existing social science research on worry generally takes a psychological slant, focusing on categories and characteristics of worry, and the reasons people worry. Some of the current literature also provides strategies on how to cope with worry. This essay extends the current research by offering the reader insights into the intrapersonal communication of this emotion. This article is an autoethnographic, layered account of the author's lived experience as a worrier. Through the use of episodic vignettes, the author explores her thoughts and feelings while in the throes of a cycle of worry, offering the readers a glimpse into the everyday, …