Digital Commons Network^™

Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey

Journal Articles

This article examines the federal government's growing use of 18 U.S.C. § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. In 2009, Justice Antonin Scalia pointed to the numerous interpretive questions dividing the federal appellate courts and proclaimed that it was "quite irresponsible" to let the "current chaos prevail." Since then, …

Whom Should A Catholic University Honor?: "Speaking" With Integrity, Richard W. Garnett

Journal Articles

It has been more than two years since the announcement that our then-recently-elected President, Barack Obama, would be the featured speaker—and would receive an honorary degree—at the University of Notre Dame's graduation ceremony. No footnotes or citations are necessary for the report that the University's decision was controversial or the observation that the choice was both criticized and celebrated by students, faculty, alumni, political commentators, lay Catholics, and Church leaders.

In a USA Today opinion piece published a few days before the graduation ceremony, I suggested that the "angst at Notre Dame" was "not about what should be said at …

Fairness And The Willingness To Accept Plea Bargain Offers, Avishalom Tor

Journal Articles

In contrast with the common assumption in the plea bargaining literature, we show fairness-related concerns systematically impact defendants' preferences and judgments. In the domain of preference, innocents are less willing to accept plea offers (WTAP) than guilty defendants and all defendants reject otherwise attractive offers that appear comparatively unfair. We also show that defendants who are uncertain of their culpability exhibit egocentrically biased judgments and reject plea offers as if they were innocent. The article concludes by briefly discussing the normative implications of these findings.

African-American English: Teacher Beliefs, Teacher Needs And Teacher Preparation Programs, Abha Gupta

Teaching & Learning Faculty Publications

The purpose of this descriptive study was to investigate elementary school teachers' self-perceived beliefs regarding African-American English (AAE), and their professional preparedness to address linguistic needs of AA students in the classrooms. The findings revealed three central issues: (1) teachers had limited understanding of the linguistic features of AAE, (2) teachers believed they had limited pedagogical skills to address issues related to AAE, and (3) teachers indicated that teacher education programs at the pre-service level were inadequate in preparing them for teaching students who spoke AAE in the classrooms. The study has implications for teachers' in-service training needs regarding culturally …

Emerging Theoretical Models Of Reading Through Authentic Assessments Among Preservice Teachers: Two Case Studies, Eileen S. Oboler, Abha Gupta

Teaching & Learning Faculty Publications

This two-part study examines the emerging understanding of the reading process among preservice teachers (PTs), enrolled in a teacher preparation course on diagnostic reading. The study focuses on the use of reading assessment tools to understand the process of reading, while using reading inventories for diagnostic as well as pedagogical purposes' PTs' self-reflections support a developing insight into the reading process. Through the process of inquiry and self-reflections, PTs discovered critical issues related to literacy, namely, metacognition, prior knowledge, cultural factors, instructional implications, and content area reading. These findings have implications for the teaching of reading as inquiry-based instruction, enabling …

How Does The Sf--‐36 Perform In Healthy Populations? A Structured Review Of Longitudinal Studies, Chinekwu A. Obidoa, Susan L. Reisine, Martin Cherniack

Journal of Social, Behavioral, and Health Sciences

This study examined the stability of the Medical Outcomes Study-Short Form (SF-36) in healthy populations. The researchers conducted a structured review of longitudinal studies that reported the use of SF-36 among people in their active working years ages 18 to 65. The cumulative sample size across selected studies comprised 29,868 participants. SF-36 mean scores were similar to published U.S. aggregate norms. Gender-specific changes in SF-36 scores also followed a normative trend, with women having greater declines in scores (poorer health) than men. The SF-36 was stable among healthy populations; however, its use among healthy people requires caution, particularly when considering …

Examining Sociocultural Contexts Of Classrooms To Foster Student Mathematical Discourse And Learning, Melva R. Grant

Teaching & Learning Faculty Publications

Mathematics learning and teaching are optimized in classrooms when reform-oriented culture (ROC) is present. This report presents a case study that illustrates how ROC manifested and influenced mathematical Discourses in one sixth-grade classroom. The data was drawn from a study that addressed the question: How do classroom interactions influence mathematical Discourses? The study used interpretive methodology for analysis. One finding was that classroom boundary interactions either enhanced or hindered mathematical Discourses dependent upon sociocultural context alignments. An implication of this research is when “effective” learning and/or teaching strategies are identified, “effective” implementation may require paying close attention to sociocultural context …

Response Of Endangered Cape Sable Seaside Sparrows ( Ammodramus Maritimus Mirabilis ) To Nest Exclosures, Rebecca L. Boulton, Julie L. Lockwood

Florida Field Naturalist

No abstract provided.

Birds Of Eastern North America. A Photographic Guide By Paul Sterry And Brian E. Small, James Dinsmore

Florida Field Naturalist

No abstract provided.

Why Has An Urban Adapter, The Northern Mockingbird (Mimus Polyglottos), Declined In Florida?, Rachel E. Hanauer, Christine M. Stracey, Scott K. Robinson

Florida Field Naturalist

No abstract provided.

Community Development For A White City: Race Making, Improvementism, And The Cincinnati Race Riots And Anti-Abolition Riots Of 1829, 1836, And 1841, Silas Niobeh Crowfoot

Dissertations and Theses

This project is an historical ethnography and a cultural history of the anti-black race riots and anti-abolition riots in Cincinnati, Ohio, in 1829, 1836, and 1841. It is also a case history in an urban and commercial/early industrial context of the idea that violent social practices such as riots, as well as law and the customary practices of everyday living, are deployed as race making technologies, actually constructing racial categories. By extending this constructivist concept to the conversion of space to place through the human ascription of meaning, this study also examines racial violence as a strategy for place making …

Weder Bürger Noch Mensch: Gefangener Der Medien Und Des Rechtsstaats Gekoppelte Entmenschlichung Mit Radikalisierung Zwei Auffassungen Heinrich Bölls Die Verlorene Ehre Der Katharina Blum Oder: Wie Gewalt Entstehen Und Wohin Sie Führen Kann, Tyler Robert Russ

Dissertations and Theses

In his 1974 novella The lost Honor of Katharina Blum Heinrich Böll argues for the constitutional guarantee of presumption of innocence. He states that this principle is violated when defamatory media headlines make unwarranted accusations against a private citizen destroying their reputation as part of a targeted smear campaign. The novella characterizes such intentional campaigns as both criminalizing and dehumanizing. Böll argues that the government should influence the press to conform to the limits implied in the institution of freedom of press. He shows the helplessness of a private citizen under attack from a smear campaign …

S-Nitrosothiols: Formation, Decomposition, Reactivity And Possible Physiological Effects, Moshood Kayode Morakinyo

Dissertations and Theses

Three biologically-active aminothiols cysteamine (CA), DL-cysteine (CYSH) and DL-homocysteine, were studied in this thesis. These aminothiols react with nitrous acid (HNO₂), prepared in situ, to produce S-nitrosothiols (RSNOs): S-nitrosocyteamine (CANO), S-nitrosocysteine (CYSNO) and S-nitrosohomocysteine (HCYSNO). They also react with S-nitrosoglutathione (GSNO) and S-nitroso-N-acetylpenicillamine (SNAP) through a transnitrosation reaction to produce their corresponding RSNOs. A detailed kinetics and mechanistic study on the formation of these RSNOs and their subsequent decomposition to release nitric oxide (NO) were studied.

For all three aminothiols the stoichiometry of their reaction with nitrous acid is strictly 1:1 with the formation of one mole …

Identity, Nostalgia And Leisure: Technology Use In Second Homes, Françoise Bourdonnec

Dissertations and Theses

This thesis, based on two years of ethnographic fieldwork in the US, Russia, France and Australia, focuses on technology use in second homes and its implications for technology design. I highlight the unexpectedly strong sense of nostalgia, for place as well as for richer relationships, felt in second homes around the world, and the ways in which second home residents use technology to shape space and behavior to reinforce this link to an imagined past. I show that the transition between main and second homes, with its rituals of preparation and transition between physical locations, allows residents to assume different …

Modular, Configurable Bus Architecture For Ease Of Ip Reuse On System On Chip And Asic Devices, Naveendran Balasingam

Dissertations and Theses

Integrated Circuit (IC) designs are increasingly moving towards Intellectual Property (IP) reuse for various targeted products and market segments. Therefore, there is a need to share and synergize internal bus architectures to enable the reuse of IP blocks for various ASIC and SoC applications. Due to the different market segments of various ASICs and SoCs, design teams and architects have opted to use customized internal bus architectures to suit the respective targeted features for their market segments. As a result, many ASIC and SoC companies that produce microprocessors for computers, microcontrollers for consumer electronics as well as memory and I/O …

Performance Measures For Managerial Decision Making: Performance Measurement Synergies In Multi-Attribute Performance Measurement Systems, Robert Andrew Fowke

Dissertations and Theses

This research tests for correlation between corporate performance and use of financial measures, nonfinancial measures, and number of balanced scorecard categories used. Literature notes a preference for managing by nonfinancial measures because financial measures are lagging indicators, but little empirical evidence is available on the relationship between nonfinancial measures and financial performance, and few companies are found to realize the benefits of nonfinancial measurements. The balanced scorecard has been studied to find the impact of diversity of performance measures, and anecdotal improvements have been reported, but there is a paucity of empirical evidence regarding how the use of a balanced …

Somatization And Engagement In Mental Health Treatment, Teresa Chianello

Dissertations and Theses

Somatization, the presentation of physical symptoms without an identifiable cause, is among the most common problems in primary medical care. Treatment approaches are typically offered within the medical consultation interview once the medical provider distinguishes between physical and emotional etiology. This dualistic strategy is especially troublesome for patients whose physical complaints cannot be validated and who are recommended for only mental health therapy. The aim of this study was to examine how medical practitioners can instead motivate patients to consider both physical and emotional treatment. An analogue intervention consisting of an enhanced consultation interview was compared to a care as …

Lessons From Mazibuko: Persistent Inequality And The Commons, Daria Roithmayr

Publications

No abstract provided.

Context Of Ideology: Law, Politics, And Empirical Legal Scholarship, The, Carolyn Shapiro

Missouri Law Review

In their confirmation hearings, Chief Justice Roberts and Justice Sotomayor both articulated a vision of the neutral judge who decides cases without resort to personal perspectives or opinions, in short, without ideology. At the other extreme, the dominant model ofjudicial decisionmaking in political science has long been the attitudinal model, which posits that the Justices' votes can be explained primarily as expressions of their personal policy preferences, with little or no role for law, legal reasoning, or legal doctrine. Many traditional legal scholars have criticized such scholarship for its insistence on the primacy of ideology in judicial decisionmaking, even as …

Demise Of Arbitration Agreements In Long-Term Care Contracts, The, Laura K. Bailey

Missouri Law Review

This Article argues that pre-dispute compulsory arbitration provisions in nursing home contracts should not be enforced and encourages the elimination of such clauses in long-term care contracts. This Article will lay out the historical background and development of arbitration and then will address the use of arbitration clauses in nursing home admission contracts. Finally, this Article will explore recent developments of arbitration law in long-term care contracts, both federally and in the state of Missouri, with particular attention given to the Supreme Court of Missouri's decision in Lawrence v. Beverly Manor.

The False Promise Of Retributive Proportionality, Aya Gruber

Publications

No abstract provided.

Deregulation Pas De Deux: Dual Regulatory Classes Of Financial Institutions And The Path To Financial Crisis In Sweden And The United States, Erik F. Gerding

Publications

This article presents the following model of two regulatory classes of financial institutions interacting in financial and political markets to spur deregulation and riskier lending and investment, which in turn contributes to the severity of a financial crisis: 1) Regulation creates two categories of financial institutions. The first class faces greater restrictions in lending or investment activities but enjoys regulatory subsidies, such as an explicit or implicit government guarantee, while the second class is more loosely regulated and can make riskier loans or investments and earn additional profits. 2) These additional profits leads to calls for deregulation to enable the …

Telling Through Type: Typography And Narrative In Legal Briefs, Derek H. Kiernan-Johnson

Publications

Most legal authors today self-publish, using basic word-processing software and letting the software’s default settings determine what their documents will look like when printed. As these settings are not optimized for legal texts, they do so at their peril. The default font Times New Roman, for example, as Chief Judge Frank Easterbrook warns, is "utterly inappropriate for long documents [such as] briefs."

Commentators have started urging a more deliberate approach to legal typography. Their suggestions, however, have been content-neutral, intended for all legal texts and focused on goals such as legibility and readability.

Typography, however, has much greater potential. The …

Energy Justice And Sustainable Development, Lakshman Guruswamy

Publications

Sustainable Development ("SD")--an expression of distributive justice--is the foundational premise of international energy and environmental law. It posits that international answers to environmental and energy problems cannot be pursued as independent and autonomous objectives but must be addressed within the framework of economic and social development. SD has been politically institutionalized in the Millennium Development Goals and a plethora of significant international instruments. Perhaps more importantly from a legal standpoint, SD is unequivocally codified, in the most widely accepted international energy and environmental treaties. This Article affirms the importance and continuing applicability of SD to the "other" third of the …

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Publications

The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court's long struggle with the desegregation of public schools. This Article examines the decision's implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent on existing, de …

Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid

Publications

In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminating Fourth Amendment protection in information turned over to third parties - regardless of any subjective expectation of privacy or confidentiality in the information on the part of the revealer. This so-called “third-party” doctrine of the Fourth Amendment has become increasingly controversial in light of the growing societal reliance on the Internet in the United States, where nearly every transaction requires a user to turn information over to at least one third party: the Internet service provider (“ISP”).

Citing the scholarship that has criticized the third-party …

Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan

Publications

No abstract provided.

Colorado Legal Ethics: Guide To Resources, Robert M. Linz

Publications

No abstract provided.

A Methodology To Estimate The Future Extent Of Dryland Salinity In The Southwest Of Western Australia, Peter Caccetta, Robert Dunne, Richard J. George, Don J. Mcfarlane

Natural Resources Research Articles

In the southwestern agricultural region of Western Australia, the clearing of the original perennial vegetation for annual vegetation-based dryland agriculture has lead to rising saline groundwater levels. This has had effects such as reduced productivity of agricultural land, death of native vegetation, reduced stream water quality and infrastructure damage. These effects have been observed at many locations within the 18 million ha of cleared land. This has lead to efforts to quantify, in a spatially explicit way, the historical and likely future extent of the area affected, with the view to informing management decisions. This study was conducted to determine …

Using Soil-Borne Polycyclic Aromatic Hydrocarbons (Pahs) And Organic Carbon In Soil For Projecting Pollution States Of Pahs In Ambient Air, Chika Yamaguchi

Open Access Theses & Dissertations

Polycyclic Aromatic Hydrocarbons (PAHs) are of environmental concern due to their ubiquitous nature, long-range transport, long half-lives, and toxicity. PAHs enter the environment as a consequence of incomplete combustion and cause adverse health effects. Because they are omnipresent pollutants, PAH distribution is not only a local issue, but also a global issue. Therefore, monitoring PAHs in ambient air and identifying their sources and distribution patterns have tremendous importance in assessing public health. However, sampling and analyzing airborne PAHs with conventional methods is time consuming and costly. In addition, an active sampling method remains unfeasible in many cases because it requires …