Digital Commons Network^™

Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber

Maryland Law Review

No abstract provided.

Citizenship, In The Immigration Context, Matthew Lister

Maryland Law Review

No abstract provided.

On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin

Faculty Scholarship

Every now and then, our legal system interacts with the spirit world, whether by virtue of seances being used in establishing the defense in a criminal matter or being used by the prosecution to impugn the defendant, or because of the impact that ghosts may have on stigmatized property or by virtue of houses being built on cemeteries, like in the movie "Poltergeist." Our legal system has an uneasy relationship with the spirit world and this chapter in the book explores that relationship.

Being In The World, Joseph Raz

Faculty Scholarship

Actions for which we are responsible constitute our engagement with the world as rational agents. What is the relationship between such actions and our capacities for rational agency? I take this to be a question about responsibility in a particular use of that term, which I shall call ‘responsibility’. We are not responsible for all our intentional actions (actions under hypnosis, for example), but we can nevertheless be responsible for actions we do not adequately control, for negligent actions, and for non‐intentional omissions. Appreciating this helps show that familiar principles of responsibility are false: those which delimit responsibility to intentional …

A Delay-Discounting Primer, Gregory J. Madden, Patrick S. Johnson

Psychology Faculty Publications

Given the importance of research findings and the potential of further research to aid in the prediction and control of impulsivity, the primary focus of this chapter (and this book) is on choice and the failure of future events to affect current decisions. In this primer chapter, we consider two types of impulsive choice: (a) preferring a smaller-sooner reward while forgoing a larger-later one and (b) preferring a larger-later aversive outcome over a smaller-sooner one. The first of these is exemplified by the toy-pilfering child with whom we opened this chapter. Taking the toy is immediately rewarded, but it is …

The Contradictions Of Juvenile Crime & Punishment, Jeffrey Fagan

Faculty Scholarship

This essay explores the contradictions and puzzles of modern juvenile justice, and illustrates the enduring power of the child-saving philosophy of the juvenile court in an era of punitiveness toward offenders both young and old. The exponential growth in incarceration in the U.S. since the 1970s has been more restrained for juveniles than adults, even in the face of a youth violence epidemic that lasted for nearly a decade. Rhetoric has grown harsher in the wake of moral panics about youth crime, juvenile codes now express the language of retribution and incapacitation, yet the growth in incarceration of juveniles was …

Flirting As A Liminal Experience: A Dialogue Between A Philosophical-Phenomenological Understanding Of Liminality And An Empirical-Existential Study Of Flirting, Rune Lassen Mølbak

Electronic Theses and Dissertations

In this dissertation I bring out concealed aspects of the lived experience of flirting by studying it neither as a subjective act nor as an objective behavior, but as a liminal event. Liminality is an anthropological concept that designates a realm of experience that falls outside identity and mutually exclusive binaries. I argue that flirting is a liminal experience in so far as it is an experience that both constitutes me through the other and is constituted by me as a way of relating to the other. What is primary is thus not self or other, but the relation or …

User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg

Faculty Scholarship

This book chapter considers the liability of entrepreneurs of ‘user-generated content’ (UGC) sites. These immensely popular fora, such as YouTube and My Space, enable their participants to post and view a great variety of content, not all of it in fact generated by the posting user. The legislative compromise worked out between telecommunications providers and content owners in the 1998 ‘Digital Millennium Copyright Act’ provides the statutory framework, at once insulating the operators of UGC sites from debilitating copyright sanctions, while still affording meaningful relief to copyright owners. The statutory criteria to qualify for the section 512(c) safe harbor are …

On Respect, Authority & Neutrality: A Response, Joseph Raz

Faculty Scholarship

I owe a great debt to Professors Wall, Darwall, and Green for their willingness to challenge, develop, and question some of my publications, which forced me to confront a few of the shortcomings in my views and, I hope, to clarify and improve some of them. Given the diversity of the topics, I respond to each separately. I aimed to avoid minor points and to write only on matters which affect the cogency of my views or theirs on important issues.1 For that reason, as well as for reasons of space, not all the issues they raise are dealt …

Brown, Teneille, And Emily Murphy. "Through A Scanner Darkly: Functional Neuroimaging As Evidence Of A Criminal Defendant's Past Mental States, Emily R. Murphy, Teneille R. Brown

Faculty Scholarship

No abstract provided.

Disciplines And Jurisdictions: An Historical Note, Peter Goodrich

Articles

No abstract provided.

Gorgonian Host‐Inducible Cytochrome P450s From The Predatory Gastropod Cyphoma Gibbosum: Evolution And Function, Kristen E. Whalen, V. R. Starczak, D. R. Nelson, J. V. Goldstone

Biology Faculty Scholarship

No abstract provided.

Biochemical Warfare On The Reef: The Role Of Glutathione Transferases In Consumer Tolerance Of Dietary Prostaglandins, Kristen E. Whalen, A. L. Lane, J. Kubanek, M. E. Hahn

Biology Faculty Scholarship

No abstract provided.

Sticky Intuitions And The Future Of Sexual Orientation Discrimination, Suzanne B. Goldberg

Faculty Scholarship

As once-accepted empirical justifications for discriminating against lesbians and gay men have fallen away, the major stumbling block to equality lies in a set of intuitions, impulses, and so-called common sense views regarding sexual orientation and gender. This Article takes up these impulses and views, which I characterize as "sticky intuitions," to consider both their sustained influence and the prospects for their destabilization. In this effort, I first offer a framework for locating the intuitions' work within contemporary doctrine, culture, and politics. I then advance an extended typology of the intuitions themselves, drawing from case law, scholarly literature, and public …

Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi L. Short, Michael W. Toffel

Faculty Scholarship

No abstract provided.

Discounting And Pathological Gambling, Nancy M. Petry, Gregory J. Madden

Psychology Faculty Publications

Pathological gambling is a disorder characterized by excessive gambling. It often occurs in conjunction with substance use disorders, and research is beginning to examine the association between these disorders, especially with regard to impulsivity and discounting. In this chapter, we initially review the diagnosis and prevalence rates of pathological gambling, including its comorbidity with substance use disorders. We then describe relations between personality measures of impulsivity and pathological gambling. Gamblers' patterns of choices on the Iowa Gambling Task (IGT) and measures of delay and probability discounting are covered in depth, and we discuss the degree to which these choices are …

Empowered To Hope: The Life And Peacebuilding Work Of Sarah Akoru Lochodo, Sigrid Tornquist

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, a question-and-answer transcript of select interviews, and a table of best practices in peacebuilding as demonstrated and reflected on by the peacemaker during her time at the Joan B. Kroc Institute for Peace & Justice.

Sarah Akoru Lochodo …

The Third Tear In Everyday Aesthetics, Katya Mandoki

Contemporary Aesthetics (Journal Archive)

Although totally overlooked by mainstream aesthetic theory, various paths were nevertheless left open for addressing everyday aesthetics, a natural yet surprisingly controversial topic. Why they were never taken until recently, when the theme of everyday aesthetics is now becoming fashionable, can be explained not only by the obvious fact of philosophical aesthetics’ restrictive focal point on art but, among other reasons, by a kind of fetishism that demands an object of recognized value for legitimating an aesthetic inquiry. This new popularity entails, however, certain theoretical risks such as clinging to traditional art-centric and beauty-centric categories to explain the everyday and …

Interpretation, Sincerity & "Theory", John Gibson

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus

San Diego Journal of Climate & Energy Law

Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.

Socially Induced Synchronization Of Every-Other-Day Egg Laying In A Seabird Colony, Shandelle M. Henson, James L. Hayward, J. M. Cushing, Joseph C. Galusha

Faculty Publications

Spontaneous oscillator synchrony has been documented in a wide variety of electrical, mechanical, chemical, and biological systems, including the menstrual cycles of women and estrous cycles of Norway Rats (Rattus norvegicus). In temperate regions, many colonial birds breed seasonally in a time window set by photoperiod; some studies have suggested that heightened social stimulation in denser colonies can lead to a tightened annual reproductive pulse. It has been unknown, however, whether the analog of menstrual synchrony occurs in birdsthat is, whether avian ovulation cycles can synchronize on a daily timescale within the annual breeding pulse. We report every-other-day clutch-initiation and …

The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Designing Payments For Ecosystem Services, James Salzman

Faculty Scholarship

This Policy Series by James Salzman brings attention to a rapidly developing phenomenon—payments for ecosystem services (PES).

Salzman, the Samuel F. Mordecai Professor of Law and the Nicholas Institute Professor of Environmental Policy at Duke University, explains when and where ecosystem services can be provided by voluntary markets rather than government actions. The key to understanding how PES work is rooted in the basis of any voluntary market transaction—gains from trade. One party agrees to take action because another party offers an incentive. Both parties benefit. A beekeeper, for example, brings her hives to an orchard to provide pollination services …

Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster

Faculty Scholarship

This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four …

The Frequency, Predictability, And Proportionality Of Jury Awards Of Punitive Damages In State Courts In 2005: A New Audit, Neil Vidmar, Mirya Holman

Faculty Scholarship

The state of punitive damages in the United States has been a controversial topic for more than three decades, resulting in litigation reaching the U.S. Supreme Court and state supreme courts. Various business advocacy groups have sought to drastically curb or eliminate punitive damages while plaintiffs’ lawyers and consumer groups vigorously defend the use of punitive damages. State legislatures have responded with many substantive and procedural reforms over the years. Yet, in Exxon Shipping Co. v. Baker, the United States Supreme Court, while approvingly citing empirical evidence indicating that there are “not mass-produced runaway awards” and that “by most accounts …

Introduction, Jane Costlow, Amy Nelson

All Faculty Scholarship

No abstract provided.

Genetic Characterization, Ginsenoside Analysis And Micropropagation Of American Ginseng (Panax Quinquefolius L.), Samuel G. Obae

Graduate Theses, Dissertations, and Problem Reports (ETD)

American ginseng (Panax quinquefolius L.), is an economically important medicinal plant native to eastern deciduous forests of North America. Like many other medicinal plants worldwide, P. quinquefolius is mainly collected from the wild. And because of its growing demand, abundance of wild populations is threatened with over harvesting. In West Virginia, P. quinquefolius is available both in cultivation and in the wild. Even though P. quinquefolius occurs in all 55 counties in West Virginia, patterns of its harvesting and cultivation vary across the state. As described in chapter 2, the genetic diversity and population structure of P. quinquefolius under two …

Industrial Heat Stress : Using Ice Slurry Ingestion As A Practical Approach To Reducing Heat Strain In Workers, Joseph E. Maté

Theses: Doctorates and Masters

Personnel working in industry can encounter hot and humid conditions where uncompensable heat loads are experienced; an inability to dissipate stored heat increases the risk of developing a heat illness. In order to minimise the incidence of heat illnesses, several heat stress reduction interventions have been developed which aim to allow for safe repeated bouts of exposure to high thermal heat loads. These vary from modification of the working environment, wearing of personal protective equipment designed to cool, heat stress indices and/or hydration regimens. Despite these interventions, personnel still experience heat stress related illnesses. Consequently, the overall aim of the …

The (Un)Written Heart In Brecht’S Baal And Journeys Of The God Of Happiness : Heart Matters In The Development Of A Playwright And His Ideas On Acting, Ralf G. Rauker

Theses: Doctorates and Masters

In the 1918 and 1919 versions of his play Baal, Brecht had used
autobiographical material about a heart problem that he suffered from and
had recorded in his diaries since 1913. When he revised the 1919 version
and the play was first published in 1922, it seemed that this very personal
connection had disappeared. An observable shift in his work began to take
place, which led to his adopting an apparently unambiguous rationalist take
on theatre. However, his extremely critical, sometimes polemical position on
the intertwined subject of heart and emotions raises questions about the
motivations for the move towards …

Hong Kong’S New Creative Industries: The Example Of The Video Games Sector, F. Ted Tschang

Research Collection Lee Kong Chian School Of Business

Hong Kong has considerable creative and entrepreneurial resources, and the opportunity to build a vibrant set of creative industries, including in the new sectors such as video games, animation, and computer graphics. However, as it stands, some of these industries, especially that of the games industry, are fledgling in nature. Strong supporting institutions already exist, but it is essential to discover how industry can be better supported with existing and new resources — financial and otherwise. The opportunities are immense, but so is the competition. The new entertainment media sectors are growing at a faster pace than most economic sectors …