Digital Commons Network^™

Are Judges Overpaid?: A Skeptical Response To The Judicial Salary Debate, Mitu Gulati, Stephen J. Choi, Eric A. Posner

Faculty Scholarship

The public debate over the need to raise judicial salaries has been one-sided. Sentiment appears to be that judges are underpaid. But neither theory nor evidence provides much support for this view. The primary argument being made in favor of a pay increase is that it will raise the quality of judging. Theory suggests that increasing judicial salaries will improve judicial performance only if judges can be sanctioned for performing inadequately or if the appointments process reliably screens out low-ability candidates. However, federal judges and many state judges cannot be sanctioned, and the reliability of screening processes is open to …

Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

The guarantee of equal protection of the laws extends to women as well as men. Yet for the first 100 years of the Fourteenth Amendment’s life, the Supreme Court never found a law unconstitutional on the grounds that it discriminated on the basis of sex. Between 1970 and 1980, social movement advocacy and brilliant litigation by Ruth Bader Ginsburg and others changed our constitutional law. Over the course of the decade, the Court extended the anti-stereotyping principle from discrimination on the basis of race to discrimination on the basis of sex. But fidelity to the principle had its limits. In …

The Andean Tribunal Of Justice And Its Interlocutors: Understanding Preliminary Reference Patterns In The Andean Community, Laurence R. Helfer, Karen J. Alter

Faculty Scholarship

In the European Union, national courts have been key intermediaries in helping to bolster and expand the authority of the European Court of Justice through its preliminary reference mechanism. This article analyzes the role of national judges in the Andean Community, a regional legal system whose judicial institution - the Andean Tribunal of Justice (ATJ) - was modeled directly on its European predecessor. Our analysis is based on an original coding of every publically available national court referral to the ATJ from 1987 to 2007 and interviews with over forty participants in the Andean legal system. We find that the …

Categoricalism And Balancing In First And Second Amendment Analysis, Joseph Blocher

Faculty Scholarship

The least discussed element of District of Columbia v. Heller might ultimately be the most important: the battle between the majority and dissent over the use of categoricalism and balancing in the construction of constitutional doctrine. In Heller, Justice Scalia’s categoricalism essentially prevailed over Justice Breyer’s balancing approach. But as the opinion itself demonstrates, Second Amendment categoricalism raises extremely difficult and still-unanswered questions about how to draw and justify the lines between protected and unprotected “Arms,” people, and arms-bearing purposes. At least until balancing tests appear in Second Amendment doctrine—as they almost inevitably will—the future of the Amendment will depend …

Treaties As "Part Of Our Law", Ernest A. Young

Faculty Scholarship

No abstract provided.

Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Tpack Development In Science Teaching: Measuring The Tpack Confidence Of Inservice Science Teachers, Charles R. Graham, Nicolette Burgoyne, Pamela Cantrell, Leigh Smith, Larry St. Clair, Ron Harris

Faculty Publications

Knowledge related to the effective use of educational technologies has become widely recognized as an important aspect of an educator’s knowledge-base for the 21st Century (ISTE, 2008; National Council for Accreditation of Teacher Education, 1997; Partnership for 21st Century Skills, 2003). Early in the history of educational technology, educators were taught in technology classes that focused primarily on technology skills independent from the pedagogical or content courses (Graham, Culatta, Pratt, & West, 2004; Hargrave & Hsu, 2000; Willis & Mehlinger, 1996). Educators soon recognized that technology skills alone did not serve them well because one could know how to operate …

Disclosure Quality And The Mispricing Of Accruals And Cash Flow, Michael S. Drake, James N. Myers, Linda A. Myers

Faculty Publications

In this paper, we investigate the role that disclosure quality plays in the accurate valuation of accruals and cash flow. We predict that stock prices of firms with higher-quality disclosures more accurately reflect the persistence of accruals and cash flow. We test our predictions using analyst ratings of disclosure published in the annual Association for Investment Management and Research (AIMR) Corporate Information Committee Reports for the years 1982 through 1996. The results provide strong evidence of mispricing for the subset of firms with lower-quality disclosures and of a significant reduction in mispricing for the subset of firms with higher-quality disclosures. …

Flight Check: Are Air Carriers Any Closer To Providing Gambling On International Flights That Land Or Depart From The United States, Darren A. Prum

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Donald R. Andersen

Journal of Air Law and Commerce

No abstract provided.

Flying Safely, The Prosecution Of Pilots, And The Icao Chicago Convention: Some Comparative Perspectives, Marvyn E. Bennun, Gavin Mckellar

Journal of Air Law and Commerce

No abstract provided.

National Transportation Safety Board Aircraft Accident Reports: The Long Lost Legislative History Of Section 701(E), John T. Cocklin

Journal of Air Law and Commerce

No abstract provided.

Creating Automated Plans For Semantic Web Applications Through Planning As Model Checking, Bonnie Brinton Anderson, James V. Hansen, Paul Benjamin Lowry

Faculty Publications

The uncertainties of planning engendered by nondeterminism and partial observability have led to a melding of model checking and artificial intelligence. The result is planning as model checking. Because planning as model checking tests sets of states and sets of transitions at once, rather than single states, the method remains robust and viable in domains of large state spaces and varying levels of uncertainty.

We develop a test bench for Semantic Web agents and use model-based planning to derive strong plans, strong cyclic plans, and weak plans. Our results suggest potential robustness and efficacy in devising plans for agent actions …

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

Faculty Scholarship

No abstract provided.

Describing The Effect Of Adaptation On Settlement, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Faculty Scholarship

No abstract provided.

Conversations With Renowned Professors On The Future Of Copyright, James Boyle, Elizabeth Townsend Gard

Faculty Scholarship

No abstract provided.

The Restatement (Third) Of Agency And The Unauthorised Agent In Us Law, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Back To The Future: Lorraine V. Markel American Insurance Co. And New Findings On The Admissibility Of Electronically Stored Information, Paul W. Grimm, Michael V. Ziccardi, Alexander W. Major

Faculty Scholarship

No abstract provided.

Competition And Predation In The Airline Industry, Gustavo Mathias Pinto

Journal of Air Law and Commerce

No abstract provided.

An Examination Of Family Communication Within The Core And Balance Model Of Family Leisure Functioning, Kevin M. Smith, Patti A. Freeman, Ramon B. Zabriskie

Faculty Publications

The purpose of this study was to examine family communication within the core and balance model of family leisure functioning. The study was conducted from a youth perspective of family leisure and family functioning. The sample consisted of youth (N= 95) aged 11 – 17 from 25 different states in the United States. Path analyses indicated that family communication mediated a positive relationship between family leisure variables and family functioning variables. Implications and recommendations are discussed. The addition of communication in the Core and Balance Model is recommended.

Investor Flows And Stock Market Returns, Brian H. Boyer, Lu Zheng

Faculty Publications

This study simultaneously analyzes the relation between aggregate stock market returns and cash flows (net purchases of equity) from a broad array of investor groups in the United States over a long period of time from 1952 to 2004.We find strong evidence that quarterly flows are autocorrelated for each of the different investor groups.We further document a significant and positive contemporaneous relation between stock market returns and flows of Mutual Funds and Foreign Investors.

Investigating The Effects Of Marriage And Relationship Education On Couples' Communication Skills: A Meta-Analytic Study, Victoria L. Blanchard, Alan J. Hawkins, Scott A. Baldwin, Elizabeth B. Fawcett

Faculty Publications

This meta-analysis probes into previous research substantiating the positive effects of marriage and relationship education (MRE) on couples' communication skills. We reviewed 97 MRE research reports that yielded 143 distinct evaluation studies. We found modest evidence that MRE functions both as a universal prevention and as a selective or indicated prevention. That is, MRE demonstrates program effects at longer term follow-ups for more distressed couples. In addition, we found that observational assessments produced larger effects than self-report assessments, although interpreting the meaning of this difference is difficult.

Engaging Embedded Information: Toward A Holistic Theory Of Knowledge Transfer In Organizations, Michael P. Thompson, Robert J. Jensen, Kristen Detienne

Faculty Publications

Purpose – The purpose of this paper is to propose a model of knowledge transfer that takes into account both the perspective of the sender and the perspective of the receiver, with an emphasis on the latter. The contention is that, although externalizing knowledge residing in an individual or group and making it accessible to others either through direct communication or embedding information in the organizational system is a necessary component of knowledge transfer, it is not the only component. An equal, but understudied, share of the knowledge transfer effort takes place when the receiver of the knowledge engages with …

Soldiering In The Light, David Charlton

ATS Chapel Services

No abstract provided.

Taking Action In New York On Climate Change, Michael B. Gerrard, David Driesen, Veronica Eady Famira, J. Kevin Healy, Katrina Kuh, Edward Lloyd, Eileen Millett, David Paget, Virginia Robbins, Patricia Salkin, James Sevinsky, James Van Nostrand

Faculty Scholarship

The New York State Bar Association (NYSBA) Task Force on Global Warming (the Task Force) has been convened by NYSBA President Bernice Leber to summarize New York’s existing laws and programs regarding climate change and to make specific proposals that the State can implement in a timely and cost-effective fashion to reduce greenhouse gas (GHG) emissions and to prepare for the impacts of climate change. New York has taken many steps to address climate change; however, there is much more that can be done. The Task Force has not attempted to comprehensively suggest every possible action, but rather has selected …

Plenary Session Panel: The Sixth John A. Speziale Alternative Dispute Resolution Symposium, Lela P. Love

Articles

No abstract provided.

From The Chair, Lela P. Love

Articles

No abstract provided.

Richmond Law Magazine: Winter 2009, University Of Richmond

Richmond Law Magazine

Right Place, Right Time: New downtown center expands Law School connections with the Richmond community

The Feedback Loop: The effect of human behavior on the law

Court Appeal: Alumni clerks gain experience in federal appellate courts

Reaching Out: Minority students enrich the school and profession

Functional Stability Of Transfemoral Amputee Gait Using The 3r80 And Total Knee 2000 Prosthetic Knee Units, M. Barbara Silver-Thorn, Christine L. Glaister

Biomedical Engineering Faculty Research and Publications

Prosthetic knee designs have become extremely sophisticated compared to early constant friction single axis mechanisms. Today, prosthetists and physicians have a wide variety of components to choose from for their transfemoral amputee patients. Unfortunately, there are little quantitative data comparing the performance of different types of prosthetic components, and prosthetic prescription is often based on empirical knowledge and experience, rather than objective comparison of prosthetic designs. This study used gait analysis to objectively evaluate the stability characteristics of two types of prosthetic knee designs, the polycentric Total Knee 2000 (Ossur, Aliso Viejo, CA) and the single axis 3R80 stance control …