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2010

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Institution
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Organizations Matter: They Are Institutions, After All, John Linarelli Jan 2010

Organizations Matter: They Are Institutions, After All, John Linarelli

Scholarly Works

Judge Posner (2010) offers a substantial agenda for organization economics. He advises us on how organization economics can shed substantial light on some of the most pressing social problems of the day. I comment on two of the areas he selects for discussion and offer some comments on the relationship of organization economics to new institutional economics. Judge Posner surely is right to argue that organization economics can help us understand the failures of corporate governance in regulating executive pay. Moreover, with additional and more institutionally nuanced theorizing, organizational economics should further our understanding of the work of judiciaries in …

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Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Patricia E. Salkin, Keith H. Hirokawa Jan 2010

Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Patricia E. Salkin, Keith H. Hirokawa

Scholarly Works

This Article employs sustainability as a framework to analyze the recent proposed physical expansion plans of Columbia University for the purpose of illustrating the complexities that arise in urban development and higher education practices, as well as the problems of trying to simultaneously implement both. Governments and courts traditionally provide a high level of deference and leniency in the application of land-use laws and regulations when it comes to siting and expansion issues for educational institutions, yet institutions of higher education, particularly those located in urban areas, create unique dilemmas for sustainability. For example, available land for expansion is often …

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Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein Jan 2010

Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein

Scholarly Works

No abstract provided.

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What Would Coase Do? (About Parking Regulation), Michael Lewyn Jan 2010

What Would Coase Do? (About Parking Regulation), Michael Lewyn

Scholarly Works

Like many government regulations, municipal minimum parking requirements exist to prevent externalities - most notably the congestion, pollution and greenhouse gas emissions that occur when motorists drive around a city searching for scarce parking. But because such regulations make parking (and thus driving) cheaper, such regulations may in fact increase congestion and pollution, thus creating, rather than reducing, externalities.

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High-Cost Religion, Religious Switching, And Health, Christopher P. Scheitle, Amy Adamczyk Jan 2010

High-Cost Religion, Religious Switching, And Health, Christopher P. Scheitle, Amy Adamczyk

Publications and Research

Previous research has devoted significant attention to understanding the link between health and personal religious beliefs and practices, typically finding that more religious people tend to have better health. However, almost no attention has been given to how switching religious groups or leaving religion altogether is related to self-reported health. Due to selection and causation mechanisms, switching from high-cost groups that are theologically and culturally exclusive could be associated with poor health more than switching from other religious groups. Using data from the 1972 through 2006 General Social Surveys, we examine the relationship between health and religious switching as moderated …

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Technology Integration In Teaching Action Research, Alcione N. Ostorga Jan 2010

Technology Integration In Teaching Action Research, Alcione N. Ostorga

Bilingual and Literacy Studies Faculty Publications

This article describes an instructional model designed to teach action research to undergraduate preservice teachers, which uses technology integration to facilitate the learning process that incorporates face to face and distance learning methods. First, a theoretical overview of the instructional design is provided then the instructional model is described. The course design is analyzed through the use of Moore's levels of interaction. Finally, the author discusses the conclusions and implications for future research.

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Xpu: A Distributed Architecture For Metaverses, Francis Chang, C. Mic Bowman, Wu-Chi Feng Jan 2010

Xpu: A Distributed Architecture For Metaverses, Francis Chang, C. Mic Bowman, Wu-Chi Feng

Computer Science Faculty Publications and Presentations

A significant problem of designing 3D virtual worlds (such as metaverses) is developing a scalable architecture that can manage millions of simultaneous users in an interactive 3D environment. This paper presents XPU (Extremely Partitioned Universe), a hierarchical client-server architecture for developing highly scalable metaverses. This design addresses the problem of dynamically partitioning the world to manage network and computing resources.

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Birmingham's Jewish Women And Social Reform 1880-1980, Kaye Cochran Nail Jan 2010

Birmingham's Jewish Women And Social Reform 1880-1980, Kaye Cochran Nail

All ETDs from UAB

Many historians and scholars have argued that Jewish women kept a low profile during periods of southern social reform since the late nineteenth century. This thesis reveals a little known pattern of activism among some Birmingham Jewish women, encompassing many trends of social change over one hundred years, from 1880 to 1980. Nineteenth century Jewish women immigrants and migrants brought to the South a social conscience rooted in the traditions of their Jewish faith. They mentored their daughters, sisters, and neighbors in the ways of community goodwill. During the Progressive Era, their numbers and voices grew in the public sphere, …

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Tools For Transition : A Look At The Factors And Forces That Prevent People From Escaping Homelessness, Michael Jundt Jan 2010

Tools For Transition : A Look At The Factors And Forces That Prevent People From Escaping Homelessness, Michael Jundt

Undergraduate Theses and Senior Projects

No abstract provided.

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Codependency, Perceived Interparental Conflict, And Chemical Dependency In The Family Of Origin Among College Students, Theresa Rerick Jan 2010

Codependency, Perceived Interparental Conflict, And Chemical Dependency In The Family Of Origin Among College Students, Theresa Rerick

Undergraduate Theses and Senior Projects

No abstract provided.

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Find Your Voice : Take A Stand, Jurene Wallery Jan 2010

Find Your Voice : Take A Stand, Jurene Wallery

Undergraduate Theses and Senior Projects

No abstract provided.

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Table Of Contents Jan 2010

Table Of Contents

Georgia Law Review

No abstract provided.

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Putting The Community Back Into The "Community Benefit" Standard, Jessica Berg Jan 2010

Putting The Community Back Into The "Community Benefit" Standard, Jessica Berg

Georgia Law Review

Disputes about tax exemption for hospitals are occurring all over the country. Local tax authorities have revoked tax- exempt status for some hospitals. State governments are considering whether to require minimum amounts of charity care in exchange for tax exemption. Congress is debating whether hospitals should remain a part of the nonprofit sector at all. At the same time, uninsured individuals are suing hospitals for unfair billing and collection practices. Creative accounting and expansive definitions of "free" care have led to a variety of non ideal practices by hospitals in order to balance their bottom line, while maintaining tax-exempt status. …

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The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation, Christopher J. Churchill Jan 2010

The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation, Christopher J. Churchill

Georgia Law Review

American health care reform has drawn both impassioned critics and vociferous supporters. Although underinsured and uninsured Americans face a dire plight, the mentally ill-even those with private health insurance-confront even greater hurdles. While drawing substantially less outcry, many insurance plans place limits on mental illness coverage that do not apply to physical illnesses. Though Congress recently passed the Mental Health Parity and Addiction Equity Act of 2008 (the MHPAEA), it did not solve the problem. The MHPAEA eliminates some disparity-such as higher deductibles for mental health treatment-but still allows insurers to impose unequal annual coverage limits. Furthermore,the MHPAEA shares the …

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The Federal Rules Of Civil Procedure And Legal Realism As A Jurisprudence Of Law Reform, David Marcus Jan 2010

The Federal Rules Of Civil Procedure And Legal Realism As A Jurisprudence Of Law Reform, David Marcus

Georgia Law Review

Since the 1930s, legal realism has weathered claims that its adherents had no use for legal rules and lacked a positive program of law reform. This Article uses the Federal Rules of Civil Procedure, the major procedural reform of the twentieth century, to illuminate more accurately the treatment of rules in realism as well as its constructive potential. It draws upon the published and unpublished writings of Charles Clark, the primary author of the Federal Rules and a leading realist, to describe a realist procedural jurisprudence and to explain why the Federal Rules neatly illustrate this jurisprudence in practice. Part …

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The Privacy Implications Of Deep Packet Inspection Technology: Why The Next Wave In Online Advertising Shouldn't Rock The Self-Regulatory Boat, Robert T. G. Collins Jan 2010

The Privacy Implications Of Deep Packet Inspection Technology: Why The Next Wave In Online Advertising Shouldn't Rock The Self-Regulatory Boat, Robert T. G. Collins

Georgia Law Review

With the explosive growth in Internet use by consumers throughout the 1990s, advertisers have quickly embraced the Web as a fertile ground for attracting customers. This increase in usage has been tracked by online advertisers' progressive efforts to achieve ad relevance by discovering consumer preferences and serving ads accordingly. An attendant concern is the extent to which the data collection that fuels online advertising respects the consumer's interest in data privacy. To date, American lawmakers have allowed existing subject-matter-based privacy statutes, in combination with industry self-regulation and Federal Trade Commission oversight, to manage privacy concerns. In 2008, however, the introduction …

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Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken Levy Jan 2010

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken Levy

Georgia Law Review

For over a century now, American scholars(among others) have been debating the merits of "bad-Samaritan" laws-laws punishing people for failing to attempt "easy rescues." Unfortunately, the opponents of bad-Samaritan laws have mostly prevailed. In the United States, the "no-duty-to-rescue" rule dominates. Only four states even have bad-Samaritan laws, and these laws impose only the most minimal punishment-either sub-$500 fines or short-term imprisonment. This Article argues that this situation needs to be remedied. Every state should criminalize bad Samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against …

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"I'M Not Gay, M'Kay?": Should Falsely Calling Someone A Homosexual Be Defamatory?, Haven Ward Jan 2010

"I'M Not Gay, M'Kay?": Should Falsely Calling Someone A Homosexual Be Defamatory?, Haven Ward

Georgia Law Review

This Article argues a statement misidentifying a personas homosexual should be deemed not defamatory as a matter of law. Whether a statement is defamatory changes as social mores and policies evolve, such that a statement deemed defamatory in the past may not be defamatory now. For example, historically, courts deemed statements misidentifying a person as homosexual defamatory per se. As society's opinion of homosexuality began to improve, courts instead required proof of special damages for a plaintiff to maintain a defamation action for such statements. No American court, however, has yet held that such a statement is not defamatory as …

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Phase Six Pandemic: A Call To Re-Evaluate Federal Quarantine Authority Before The Next Catastrophic Outbreak, John T. Clarkson Jan 2010

Phase Six Pandemic: A Call To Re-Evaluate Federal Quarantine Authority Before The Next Catastrophic Outbreak, John T. Clarkson

Georgia Law Review

At some point in the future, the United States will confront a deadly pandemic. One potential response to blunt the impact of an outbreak may be the use of a large-scale quarantine. The current statutory framework governing federal quarantine authority, however, is outdated and in need of revision. Any reform must acknowledge that the federal government may be best positioned to respond to national health threats and must simultaneously create limits on federal power to ensure a proper balance of power remains between the states and the federal government. This Note proposes that Congress focus its reform efforts on adding …

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"How Can You Represent That Man?": Ethics, The Rule Of Law, And Defending The Indefensible, Ramsey Clark Jan 2010

"How Can You Represent That Man?": Ethics, The Rule Of Law, And Defending The Indefensible, Ramsey Clark

Georgia Law Review

As we meet to discuss legal ethics, we should consider whether the subject as it is usually presented today adequately encompasses the ideal role of the lawyer, beyond zealous advocacy on behalf of clients. For the most part, legal ethics today, through codes of professional conduct, deals with prohibitions intended to protect the public from misconduct by lawyers, oftentimes criminal. Thou shalt not steal, conceal, lie, bear false witness, suborn perjury, or breach client trust. But is this all? Doesn't ethics promise more than this? Ethics-like morality, which has richer connotations in our culture-properly deals not only with what is …

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Prosecutorial Sound Bites: When Do They Cross The Line?, Laurie L. Levenson Jan 2010

Prosecutorial Sound Bites: When Do They Cross The Line?, Laurie L. Levenson

Georgia Law Review

Even good prosecutors can cross the line. This is particularly true when it comes to media sound bites in high-profile cases. The Supreme Court held in Gentile v. Nevada State Bar, 501 U.S. 1030 (1991), that while lawyers have the First Amendment right to make comments to the press, they do not have the right to make comments that have a "substantial likelihood of materially prejudicing an adjudicative proceeding." This broad standard gives little guidance to prosecutors as they try to frame their public remarks. A much better guide is found in 28 C.F.R. § 50.2. These federal regulations at …

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Should A Statement Of Interest Matter?: Judging Executive Branch Foreign Policy Concerns, Catherine H. Curlet Jan 2010

Should A Statement Of Interest Matter?: Judging Executive Branch Foreign Policy Concerns, Catherine H. Curlet

Georgia Law Review

Since the enactment of the Constitution, scholars have fiercely debated the question of the appropriate balance between the branches of the federal government in matters of foreign affairs. Recently, the Supreme Court set forth some guidelines for striking this balance between the Executive and the Judicial Branches in litigation implicating foreign affairs,yet the guidelines leave much of this debate unresolved. A cross-section of recent appellate court decisions illustrates how lower courts have filled in these gaps when assessing how much deference to give an Executive's Statement of Interest filed in cases concerning foreign affairs. This Note extracts from these cases …

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Table Of Contents Jan 2010

Table Of Contents

Georgia Law Review

No abstract provided.

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Limiting Article Iii Standing To "Accidental" Plaintiffs: Lessons From Environmental And Animal Law Cases, Robert J. Pushaw Jr. Jan 2010

Limiting Article Iii Standing To "Accidental" Plaintiffs: Lessons From Environmental And Animal Law Cases, Robert J. Pushaw Jr.

Georgia Law Review

According to the Supreme Court, Article III's extension
of "judicialPower" to "Cases" and "Controversies"limits
standing to plaintiffs who can demonstrate an
individualized "injury in fact" that was caused by the
defendant and that is judicially redressable. Article III's
text and history, however, do not mention "injury,"
"causation,"or "redressability."
Furthermore, these standards are malleable and have
been applied to achieve ideological goals, especially in
cases involving environmental and animal-welfare laws.
Most notably, the Court has recognized an "injury in fact"
to one's aesthetic enjoyment of nature, but determining
such an injury is arbitrarybecause "aesthetics"is a matter
of personal taste. Judges have …

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Defense Against Outrage And The Perils Of Parasitic Torts, Geoffrey C. Rapp Jan 2010

Defense Against Outrage And The Perils Of Parasitic Torts, Geoffrey C. Rapp

Georgia Law Review

Two prominent narratives in tort law scholarship
address the increasing recognition of claims for loss of
emotional tranquility and the expanding privilege to use
force in defense of self and others. This Article explores a
puzzle in tort law that challenges these traditional
accounts. Can force be used to defend against intentional
extreme or outrageous conduct threatening a person with
severe emotional distress? The answer in the case law and
articulated doctrine appears to be "no." The law permits
the use of force to protect dignitary interests, in the case of
offensive battery and assault, but seems to deny the …

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A Blueprint For Planning And Designing Staged-Authentic Heritage Attractions In Small Island Nations, Earney F. Lasten Jan 2010

A Blueprint For Planning And Designing Staged-Authentic Heritage Attractions In Small Island Nations, Earney F. Lasten

Electronic Theses and Dissertations

The purpose of this largely qualitative study was to develop a blueprint for planning and designing a staged-authentic heritage tourist attraction for small island nations. Data were gathered and analyzed in three phases. In Phase I, existing and potential supply, demand, and external variables associated with staged-authentic heritage attractions were identified, and a preliminary planning model and conceptual framework was developed. In Phase II, the model was refined. A blueprint containing seven major questions and 26 sequential steps was developed. In Phase III, the blueprint was tested using focus groups and an online tourist survey in the Caribbean region (Aruba) …

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The Twenty-Five Maiden Ladies’ Tomb And Predicaments Of The Feminist Movement In Taiwan, Anru Lee Jan 2010

The Twenty-Five Maiden Ladies’ Tomb And Predicaments Of The Feminist Movement In Taiwan, Anru Lee

Publications and Research

No abstract provided.

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How Subways And High Speed Railways Have Changed Taiwan: Transportation Technology, Urban Culture, And Social Life, Anru Lee Jan 2010

How Subways And High Speed Railways Have Changed Taiwan: Transportation Technology, Urban Culture, And Social Life, Anru Lee

Publications and Research

No abstract provided.

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Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs Jan 2010

Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs

Animal Law Review

Much debate has surfaced surrounding so-called “eco-terrorism.” Some commentators argue that such activity is not and should not be called terrorism. This Comment analyzes these extremist activities through the lens of federal terrorism laws and argues that, while these activists’ goals are laudable, their methods are often terroristic. Consequently, those activities that go too far are-and should be-classified as terrorism.

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Noneconomic Damage Awards In Veterinary Malpractice: Using The Human Medical Experience As A Model To Predict The Effect Of Noneconomic Damage Awards On The Practice Of Companion Animal Veterinary Medicine, Steve Barghusen Jan 2010

Noneconomic Damage Awards In Veterinary Malpractice: Using The Human Medical Experience As A Model To Predict The Effect Of Noneconomic Damage Awards On The Practice Of Companion Animal Veterinary Medicine, Steve Barghusen

Animal Law Review

Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice involving companion animals. However, scholarship has not focused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary practices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recovery of noneconomic damages will make veterinary care more …

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