Digital Commons Network^™

Intelligent Machine Rights, Bradley Townson

Honors Capstone Projects and Theses

No abstract provided.

Creativity And Randomness, Darya Lvovna Zabelina

Psychology

Major theories of creative cognition are reviewed in the present thesis. These theories are diverse yet seem to converge on similar key processes. One definition of creativity emphasizes going beyond stereotypical responses in the service of truly novel thought patterns. However, the generation of remotely associated elements must be done in a 111 controlled, goal directed manner. To examine stereotypic and novel thought patterns, I used a cognitive measure termed Random Number Generation (RNG). Baseline tendencies reflecting departures from randomness ('trait' tendencies) were assessed, as were tendencies exhibited in a condition in which participants were asked to type number sequences …

The Role Of Trust In Today’S Extended Enterprise, Ken Saban, Michaela Ann Noakes

AMTP Proceedings 2010

This paper explores the role that trust plays in improving the overall collaboration and business performance of firms that constitute an extended enterprise. Case studies of Eli Lilly, Airbus and Toyota Motor Company illustrate the significant economic advantages of creating and maintaining a collaborative and trusting network.

Visitors' Values Of Natural Resources And Cultural Resources On Dakota Prairie National Grasslands, Bruce Richard Steele

Natural Resources Management

Managing Dakota Prairie National Grasslands requires an understanding of visitor relationships to nature and culture. As national grasslands continue to draw visitors for recreation, relaxation, and wildlife observation the value visitors place on associated resources is important to the management decision process. At the request of the Forest Service, the study focus was specifically on national grasslands visitors. The objectives were to 1) determine the value stakeholders have on our natural resources, 2) determine the value stakeholders place on cultural resources, and 3) national grasslands visitors' perceptions on the origin of federal policies concerning natural and cultural resources. Thus, visitors …

Robust Tests For Cointegration With Application To Statistical Arbitrage Trading Strategies, Thomas Alan Hanson

Statistics

This study proposes two new cointegration tests that employ rank-based and least absolute deviation techniques to create a robust version of the Engle-Granger cointegration test. Critical values are generated through a Monte Carlo simulation over a range of error distributions, and the performance of the tests is then compared against the Engle-Granger and Johansen tests. The robust procedures underperform slightly for normally distributed error terms but outperform for fatter-tailed distributions. This characteristic suggests the robust tests are more appropriate for many applications where departures from normality are common. One particular example discussed here is statistical arbitrage, a stock trading strategy …

In Defense Of Feres: An Unfairly Maligned Opinion, Paul F. Figley

Scholarly Articles in Law Reviews & Journals

The Supreme Court’s 1950 Feres v. United States decision held that when it enacted the Federal Tort Claims Act Congress did not intend to waive sovereign immunity for injuries to members of the military arising out of activity incident to their service. The Court’s decision was influenced by the long history of efforts to enact a general tort claims bill that would free Congress from the burden of processing claims against the government, as well as the case law, statutes, and procedures pertaining to service-members’ injuries prior to enactment of the Federal Tort Claims Act. This Article examines those influences …

Apartment Living And The Multi-Unit Developments Bill 2009, Lorcan Sirr

Articles

No abstract provided.

Rf And Structural Characterization Of Srf Thin Films, A.M. Valente-Feliciano, H.L. Phillips, C.E. Reece, J. Spradlin, X. Zhao, D. Gu, H. Baumgart, D. Beringer, R.A. Lukaszew, B. Xiao, K. Seo

Electrical & Computer Engineering Faculty Publications

In the past years, energetic vacuum deposition methods have been developed in different laboratories to improve Nb/Cu technology for superconducting cavities. JLab is pursuing energetic condensation deposition via Electron Cyclotron Resonance. As part of this study, the influence of the deposition energy on the material and RF properties of the Nb thin film is investigated. The film surface and structure analyses are conducted with various techniques like X-ray diffraction, Transmission Electron Microscopy, Auger Electron Spectroscopy and RHEED. The microwave properties of the films are characterized on 50 mm disk samples with a 7.5 GHz surface impedance characterization system. This paper …

Edges And Diffractive Effects In Casimir Energies, Daniel N. Kabat, Dimitra Karabali, V P. Nair

Publications and Research

The prototypical Casimir effect arises when a scalar field is confined between parallel Dirichlet boundaries. We study corrections to this when the boundaries themselves have apertures and edges. We consider several geometries: a single plate with a slit in it, perpendicular plates separated by a gap, and two parallel plates, one of which has a long slit of large width, related to the case of one plate being semi-infinite. We develop a general formalism for studying such problems, based on the wavefunctional for the field in the gap between the plates. This formalism leads to a lower dimensional theory defined …

Rethinking The Future Of The Colorado River: Draft Interim Report Of The Colorado River Governance Initiative, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

117 p. : ill. (some color), color maps ; 29 cm

Lynn University Scholar 2010, Lynn University

Honors Journals

Lynn University Scholar: The International Journal of the Honors Program

A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones

Scholarly Articles in Law Reviews & Journals

The government’s duty to disclose favorable evidence to the defense under Brady v. Maryland has become one of the most unenforced constitutional mandates in criminal law. The intentional or bad faith withholding of Brady evidence is by far the most egregious type of Brady violation and has led to wrongful convictions, near executions, and other miscarriages of justice. This Article suggests that two ramifications should flow from intentional Brady violations. First, courts should have the power to inform the jury of the government’s Brady misconduct by imposing a specially crafted punitive jury instruction. Unlike the ineffective sanctioning scheme currently used …

Ghostwriting: Filling In The Gaps Of Pro Se Prisoners' Access To The Courts, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Compared with other litigants, pro se prisoners are at an inherent disadvan-tage when they try to vindicate their rights. They lack many of the resources enjoyed by non-prisoner litigants. They have limited finances and limited access to legal-research materials. Even if they had such access, their illiteracy would lessen its effectiveness. Moreover, many attorneys are unwilling or unable to undertake full representation of prisoner litigants. As a result, pro se prisoners struggle to navigate the complex legal system, often losing their cases on procedural grounds before ever reaching a decision on the merits. This Article argues that, in order to …

Achieving Accountability For Migrant Domestic Worker Abuse, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Domestic work has become increasingly commoditized in the global economy. Migrant domestic workers' remittances constitute a rich source of revenues for their countries of origin, while their labor ameliorates the “care deficit” experienced in wealthier countries of destination. Despite the importance of their work, migrant domestic workers are some of the most exploited workers in the world. They are often discriminated against based on their gender, class, race, nationality, and immigration status, and they are excluded from labor law protections in most countries of destination.

This essay examines some of the underlying reasons for this mistreatment and neglect. After describing …

Dealing With Excessive Caseloads With Litigation - Panel Two (National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services), Adele Bernhard

Articles & Chapters

No abstract provided.

Courts And Temperance “Ladies”, Richard H. Chused

Articles & Chapters

In 1873 and 1874, parts of southern Ohio were gripped by a remarkable string of marches, religious gatherings, and sit-ins by conservative, Christian, white women intent on shutting down the distribution of alcohol in their communities. A fascinating series of issues relating to the use of legal institutions to control these demonstrative women arose during these "temperance crusades." Many women in Hillsboro opposed using available legal avenues to suppress the liquor trade, preferring strategies based on moral suasion. But, as with other major controversies in our history, aspects of the temperance crusade ended up in court despite the desires of …

In Praise Of Martin Chanock, Stephen Ellmann, Heinz Klug, Penelope Andrews

Articles & Chapters

No abstract provided.

Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab

Articles & Chapters

Over-the-counter (OTC) derivatives are widely regarded as “unregulated” financial instruments. While it is true that OTC derivatives are subject to relatively minimal federal regulation, OTC derivatives are in fact subject to a robust form of control and governance in the form of counterparty regulation. Counterparty regulation arises when two or more parties are continually exposed to counterparty credit risk for the duration of a long-term contract, and it consists of specific governance mechanisms such as the daily adjustment of collateral and the netting out of redundant trades. Counterparty regulation governs derivatives transactions but not securities transactions.

This essay reviews recent …

Unasked (And Unanswered) Questions About The Role Of Neuroimaging In The Criminal Trial Process, Michael L. Perlin, Valerie Mcclain

Articles & Chapters

The robust neuroimaging debate has dealt mostly with philosophical questions about free will, responsibility, and the relationship between brain abnormalities, violence and crime. This debate, however, obscures several important issues of criminal procedure to which little attention has as of yet been paid: 1) an indigent defendant's right of access to expert testimony in cases where neuroimaging tests might be critical, 2) a defendant's competency to consent to the imposition of a neuroimaging test; and 3) the impact of antipsychotic medications on a defendant's brain at the time that such a test is performed. This article will consider these questions …

Too Stubborn To Ever Be Governed By Enforced Insanity: Some Therapeutic Jurisprudence Dilemmas In The Representation Of Criminal Defendants In Incompetency And Insanity Cases, Michael L. Perlin

Articles & Chapters

Little attention has been paid to the importance between therapeutic jurisprudence (TJ) and the role ofcriminal defense lawyers in insanity and incompetency-to-stand-trial (IST) cases. That inattention is especially noteworthy in light of the dismal track record of counsel providing services to defendants who are part of this cohort of incompetency-status-raisers and insanity-defense-pleaders. On one hand, this lack of attention is a surprise as TJ scholars have, in recent years, turned their attention to virtually every other aspect of the legal system. On the other hand, it is not a surprise, given the omnipresence of sanism, an irrational prejudice ofthe same …

They Keep It All Hid: The Ghettoization Of Mental Disability Law And Its Implications For Legal Education, Michael L. Perlin

Articles & Chapters

The Supreme Court has, since 1972, decided more than fifty cases involving persons with mental disabilities, a docket spanning virtually every aspect of constitutional law and criminal procedure. These cases have dealt with the substantive and procedural limitations on the commitment power, the conditions of confinement in psychiatric institutions, the application of the Americans with Disabilities Act to persons institutionalized because of mental illness, the substantive and procedural aspects of the criminal incompetency inquiry and the insanity defense, the relationship between mental disability and sexually violent predator laws, and all aspects of the death penalty. Thousands of cases have been …

Beyond Compliance: Rethinking Why International Law Really Matters, Robert Howse, Ruti G. Teitel

Articles & Chapters

The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing sub-field, in international legal scholarship. The authors seek to put in question this trend. They argue that looking at the aspirations of international law through the lens of rule-compliance leads to inadequate scrutiny and understanding of the diverse complex purposes and projects that multiple actors impose and transpose on international legality, and especially a tendency to oversimplify if not distort the relation of international law to politics. Citing a range of examples from different areas of internationallaw-ranging widely from international trade …

Salvation Or A Lethal Dose? Attitudes And Advocacy In Right To Refuse Treatment Cases, Michael L. Perlin

Articles & Chapters

The debate surrounding the right to refuse treatment controversy continues unabated in the relevant law and social science literature. However, there are two areas where scant research attention is found. These include the attitudes of patients and staff regarding right to refuse treatment decisions and the adequacy of counsel availed to patients who assert their constitutionally protected right to refuse. This article examines both issues, mindful of what they tell us about sanism and pretextuality with respect to mental disability law and right to refuse treatment jurisprudence.

Good And Bad, I Defined These Terms, Quite Clear No Doubt Somehow: Neuroimaging And Competency To Be Executed After Panetti, Michael L. Perlin

Articles & Chapters

There has been little consideration, in either the caselaw or the scholarly literature, of the potential impact of neuroimaging on cases assessing whether a seriously mentally disabled death row defendant is competent to be executed. The Supreme Court's 2007 decision in Panetti v. Quarterman significantly expanded its jurisprudence by ruling that such a defendant had a constitutional right to make a showing that his mental illness "obstruct[ed] a rational understanding of the State's reason for his execution." This article considers the impact of neuroimaging testimony on post-Panetti competency determination hearings, and looks at multiple questions of admissibility of evidence, adequacy …

Some Horwitzian Themes In The Law And History Of The Federal Courts, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

2009 – A Year Of Increased Focus On International Tax Reporting, Alan Appel, Hope Krebs Esq.

Articles & Chapters

No abstract provided.

Barry Friedman's The Will Of The People: Probing The Dynamics And Uncertainties Of American Constitutionalism, Edward A. Purcell Jr.

Articles & Chapters

This essays examines Barry Friedman’s book, The Will of the People, and its thesis that, with lags and hesitations, the Supreme Court’s constitutional jurisprudence has increasingly adapted to the changing social and political attitudes of the American people. Noting the book’s close affinity with the work of recent scholars who argue that popular attitudes should and do have substantial influence in shaping constitutional law, the essay explores the lessons Friedman draws from his constitutional history and, in particular, the significance of four “critical periods”: the Federalist Era with its opposition to what seemed an overtly partisan Court, the first half …

2010-01-22 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

2010-01-20 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

As Old As The Hills: Detention And Immigration, Lenni Benson

Articles & Chapters

No abstract provided.