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2010

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(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla Jan 2010

(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla

Articles by Maurer Faculty

This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social psychological perspective. The field of social psychology has documented a pervasive phenomena, the Fundamental Attribution Error, the failure of decision makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social psychological research on the Fundamental Attribution Error, legal concepts such as …

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Parallels Between Tolstoy’S Life, Writing And Hindu Philosophical Thought, Radha Balasubramanian Jan 2010

Parallels Between Tolstoy’S Life, Writing And Hindu Philosophical Thought, Radha Balasubramanian

Russian Language and Literature Papers

Tolstoy was always interested in other religions and was attracted to the ancient religions of the East. He wished to relinquish worldly pleasures and seek seclusion like a true Brahman, who in his old age gives up family and material benefits to devote himself completely to go in search of inner peace and achieve salvation. Tolstoy himself sees a correspondence between his life and Hindu way of life. In my article, I show that this quest was not isolated or applied only to his life, but existed through out Tolstoy’s writing career, as many of his heroes in his novels …

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Sex, Threats, And Absent Victims: The Lessons Of Regina V. Bedingfield For Modern Confrontation And Domestic Violence Cases, Aviva A. Orenstein Jan 2010

Sex, Threats, And Absent Victims: The Lessons Of Regina V. Bedingfield For Modern Confrontation And Domestic Violence Cases, Aviva A. Orenstein

Articles by Maurer Faculty

In 2004, Crawford v. Washington, authored by Justice Antonin Scalia, revolutionized the law of confrontation by requiring that, aside from two discrete exceptions, all testimonial statements (those made with the expectation that they will serve to prosecute the accused) be subject to cross-examination. This new interpretation of the Sixth Amendment confrontation clause has profoundly affected domestic violence cases, making it much harder to prosecute them successfully.

Although Justice Scalia’s approach to confrontation is new, it is strikingly similar to the analysis in Regina v. Bedingfield, a notorious English murder case, which excluded from the evidence an alleged statement by the …

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Equal Access And The Right To Marry, Deborah Widiss, Nelson Tebbe Jan 2010

Equal Access And The Right To Marry, Deborah Widiss, Nelson Tebbe

Articles by Maurer Faculty

How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We contend that courts and commentators have largely overlooked the strongest argument in support of a constitutional right to marry. In our view, the right to marry is best conceptualized as a matter of equal access to government support and recognition and the doctrinal vehicle that most closely matches the structure of the right can be found in the fundamental interest branch of equal …

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The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra Jan 2010

The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra

Articles by Maurer Faculty

Since 2003 American political leaders and lawmakers have been committed to the simultaneous pursuit of tax cuts and military excursions abroad. Just a few decades ago, when military hawks were also deficit hawks, such a position would have seemed incongruous. This essay reviews, War and Taxes, a provocative and fascinating new book that seeks to explain the apparent dissonance of recent American wartime tax policy. In contrast to conventional wisdom which presumes that wartime patriotism has always and everywhere trumped self-interest, War and Taxes shows that the history of U.S. wartime taxation is not quite such a heroic tale. By …

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American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra Jan 2010

American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra

Articles by Maurer Faculty

Histories of the modern American income tax have generally focused on the role that social and political forces have played in the development of a new tax system. This article seeks to move beyond the social and political determinants to examine the economic factors that facilitated the adoption of the modern, graduated income tax. Without marginalizing the importance of social and political factors, the central aim of this article is to make a modest contribution to the legal and political historiography of the U.S. income tax by highlighting how changing material economic conditions afforded social groups, political reformers, and lawmakers …

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Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra Jan 2010

Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

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Is The Pcaob A "Heavily Controlled Component" Of The Sec?: An Essential Question In The Constitutional Controversy, Donna M. Nagy Jan 2010

Is The Pcaob A "Heavily Controlled Component" Of The Sec?: An Essential Question In The Constitutional Controversy, Donna M. Nagy

Articles by Maurer Faculty

The U.S. Supreme Court recently heard oral arguments in Free Enterprise Fund v. Public Company Accounting Oversight Board, described by D.C. Circuit Judge Brett Kavanaugh as “the most important separation-of-powers case regarding the President’s appointment and removal powers to reach the courts in the last 20 years.” Established by Congress as the cornerstone of the Sarbanes-Oxley Act of 2002, the PCAOB was structured as a strong, independent board in the private sector, to oversee the conduct of auditors of public companies.

This Article challenges the D.C. Circuit’s depiction of the PCAOB as “a heavily controlled component” of the SEC, and …

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Damned For Their Judgment: The Tort Liability Of Standard Development Organizations, Robert H. Heidt Jan 2010

Damned For Their Judgment: The Tort Liability Of Standard Development Organizations, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

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Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve Jan 2010

Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve

Articles by Maurer Faculty

This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.

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Adaptive Management In The Courts, Robert L. Fischman, J. B. Ruhl Jan 2010

Adaptive Management In The Courts, Robert L. Fischman, J. B. Ruhl

Articles by Maurer Faculty

Adaptive management has become the tonic of natural resources policy. With its core idea of “learning while doing,” adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending “adaptive” in front of “management” somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with …

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Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley Jan 2010

Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

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Force–Frequency Effect Of Thickness Mode Langasite Resonators, Haifeng Zhang, Joseph A. Turner, Jiashi Yang, John A. Kosinski Jan 2010

Force–Frequency Effect Of Thickness Mode Langasite Resonators, Haifeng Zhang, Joseph A. Turner, Jiashi Yang, John A. Kosinski

Department of Mechanical and Materials Engineering: Faculty Publications

Langasite resonators are of recent interest for a variety of applications because of their good temperature behavior, good piezoelectric coupling, low acoustic loss and high Q factor. The force–frequency effect describes the shift in resonant frequency a resonator experiences due to the application of a mechanical load. A clear understanding of this effect is essential for many design applications such as pressure sensors. In this article, the frequency shift is analyzed theoretically and numerically for thin, circular langasite plates subjected to a pair of diametrical forces. In addition, the sensitivity of the force–frequency effect is analyzed with respect to the …

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Protecting Privacy In Health Research: The Limits Of Individual Choice, Fred H. Cate Jan 2010

Protecting Privacy In Health Research: The Limits Of Individual Choice, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

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Charity And Information: Correcting The Failure Of A Disjunctive Social Norm, Brian Broughman, Robert Cooter Jan 2010

Charity And Information: Correcting The Failure Of A Disjunctive Social Norm, Brian Broughman, Robert Cooter

Articles by Maurer Faculty

Charitable donations fund social goods that the state and markets undersupply. Despite widespread belief in the importance of private charity, most Americans donate little or nothing. Experiments in behavioral economics show that anonymity, not human nature, causes low contributions. Anonymity poses a particular challenge for charity because of the special character of the obligation. Charity is a disjunctive social norm, meaning the obligation is owed to ‘A or B or C or …’. Disclosure of each individual’s aggregate conduct is necessary for the effectiveness of any disjunctive social norm. To revitalize charity we propose a public registry where each taxpayer …

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Synthesis Of Satellite (Modis), Aircraft (Icartt), And Surface (Improve, Epa‐Aqs, Aeronet) Aerosol Observations Over Eastern North America To Improve Modis Aerosol Retrievals And Constrain Surface Aerosol Concentrations And Sources, Easan Drury, Daniel J. Jacob, Robert J. D. Spurr, Jun Wang, Yohei Shinozuka, Bruce E. Anderson, Antony D. Clarke, Jack Dibb, Cameron Mcnaughton, Rodney Weber Jan 2010

Synthesis Of Satellite (Modis), Aircraft (Icartt), And Surface (Improve, Epa‐Aqs, Aeronet) Aerosol Observations Over Eastern North America To Improve Modis Aerosol Retrievals And Constrain Surface Aerosol Concentrations And Sources, Easan Drury, Daniel J. Jacob, Robert J. D. Spurr, Jun Wang, Yohei Shinozuka, Bruce E. Anderson, Antony D. Clarke, Jack Dibb, Cameron Mcnaughton, Rodney Weber

Department of Earth and Atmospheric Sciences: Faculty Publications

We use an ensemble of satellite (MODIS), aircraft, and ground‐based aerosol observations during the ICARTT field campaign over eastern North America in summer 2004 to (1) examine the consistency between different aerosol measurements, (2) evaluate a new retrieval of aerosol optical depths (AODs) and inferred surface aerosol concentrations (PM2.5) from the MODIS satellite instrument, and (3) apply this collective information to improve our understanding of aerosol sources. The GEOS‐Chem global chemical transport model (CTM) provides a transfer platform between the different data sets, allowing us to evaluate the consistency between different aerosol parameters observed at different times and …

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Dis-Manteling More, Peter Iver Kaufman Jan 2010

Dis-Manteling More, Peter Iver Kaufman

Jepson School of Leadership Studies articles, book chapters and other publications

Hilary Mantel's Wolf Hall, winner of the prestigious 2009 Booker-Man award for fiction, re-presents the 1520s and early 1530s from Thomas Cromwell's perspective. Mantel mistakenly underscores Cromwell's confessional neutrality and imagines his kindness as well as Thomas More's alleged cruelty. The book recycles old and threadbare accusations that More himself answered. "Dis-Manteling" collects evidence for the accuracy of More's answers and supplies alternative explanations for events and for More's attitudes that Mantel packs into her accusations. Wolf Hall is admirably readable, although prejudicial. Perhaps it is fair for fiction to distort so ascertainably, yet I should think that historians will …

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Political Traditions: Left Political Movements And The Politics Of Social Justice, Thad Williamson Jan 2010

Political Traditions: Left Political Movements And The Politics Of Social Justice, Thad Williamson

Jepson School of Leadership Studies articles, book chapters and other publications

Left political traditions, in this chapter, refer to systems of political thought and theories of political action that aim to transform existing political and economic institutions so as to increase substantially the political and economic power of ordinary people, to eliminate or reduce invidious forms of social inequality, and to prevent private interests from trumping the common good. Although the Left (so defined) shares some goals with liberalism, civic republicanism, and even conservatism, it differs from those political traditions (as generally understood) in that it does not seek to legitimate existing political, economic, and constitutional structures or provide an account …

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The Nature And Significance Of Groups, Donelson R. Forsyth Jan 2010

The Nature And Significance Of Groups, Donelson R. Forsyth

Jepson School of Leadership Studies articles, book chapters and other publications

An understanding of group counseling requires an understanding of groups themselves, their basic nature and processes. Given that human beings are a social species and spend their lives in groups rather than alone, an individual-level analysis of adjustment, well-being, and treatment, with its focus on internal, psychological processes, should be supplemented by a group-level analysis. The defining features of a group are relationships linking a substantial number of members, boundaries, interdependence, structure, cohesion, and entitativity (perceived groupness): and groups with more of these features are more Influential than other forms of association, such as social networks. The chapter reviews a …

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An Argument For Guest Worker Programs, Javier S. Hidalgo Jan 2010

An Argument For Guest Worker Programs, Javier S. Hidalgo

Jepson School of Leadership Studies articles, book chapters and other publications

Several noted economists and prominent international organizations have recently advocated for the implementation of guest worker programs in developed states.1 Their primary argument is that guest worker programs would serve as a powerful mechanism for reducing global poverty and inequality. For example, economist Dani Rodrik estimates that guest worker programs in wealthy states would generate $200 billion or more annually for poor countries. According to Rodrik, liberalizing the temporary movement of workers would “produce the largest possible gains for the world economy, and for poor countries in particular” in comparison with other policies, such as trade liberalization.

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A Slice-Based Decision Procedure For Type-Based Partial Orders Tr-Unl-Cse-2010-0004, Elena Sherman, Brady J. Garvin, M Dwyer Jan 2010

A Slice-Based Decision Procedure For Type-Based Partial Orders Tr-Unl-Cse-2010-0004, Elena Sherman, Brady J. Garvin, M Dwyer

School of Computing: Technical Reports

Automated software verification and path-sensitive program analysis require the ability to distinguish executable program paths from those that are infeasible. To achieve this, program paths are encoded symbolically as a conjunction of constraints and submitted to an SMT solver; satisfiable path constraints are then analyzed further. In this paper, we study type-related constraints that arise in path-sensitive analysis of object-oriented programs with forms of multiple inheritance. The dynamic type of a value is critical in determining program branching related to dynamic dispatch, type casting, and explicit type tests. We develop a custom decision procedure for queries in a theory of …

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Development Of A Testbed For Wireless Underground Sensor Networks, Agnelo R. Silva, Mehmet C. Vuran Jan 2010

Development Of A Testbed For Wireless Underground Sensor Networks, Agnelo R. Silva, Mehmet C. Vuran

School of Computing: Faculty Publications

Wireless Underground Sensor Networks (WUSNs) constitute one of the promising application areas of the recently developed wireless sensor networking techniques. WUSN is a specialized kind of Wireless Sensor Network (WSN) that mainly focuses on the use of sensors that communicate through soil. Recent models for the wireless underground communication channel are proposed but few field experiments were realized to verify the accuracy of the models. The realization of field WUSN experiments proved to be extremely complex and time-consuming in comparison with the traditional wireless environment. To the best of our knowledge, this is the first work that proposes guidelines for …

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Spatio-Temporal Soil Moisture Measurement With Wireless Underground Sensor Networks, Xin Dong, Mehmet C. Vuran Jan 2010

Spatio-Temporal Soil Moisture Measurement With Wireless Underground Sensor Networks, Xin Dong, Mehmet C. Vuran

School of Computing: Conference and Workshop Papers

In this paper, the estimation distortion of distributed soil moisture measurement using Wireless Underground Sensor Networks (WUSNs) is investigated. The main focus of this paper is to analyze the impact of the environment and network parameters on the estimation distortion of the soil moisture.More specifically, the effects of rainfall, soil porosity, and vegetation root zone are investigated by exploiting a rainfall model, in addition to the effects of sampling rate, network topology, and measurement signal noise ratio. Spatio-temporal correlation is characterized to develop a measurement distortion model with respect to these factors. The evaluations reveal that with porous soil and …

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A First Practical Algorithm For High Levels Of Relational Consistency, Shant Karakashian, Robert J. Woodward, Christopher Reeson, Berthe Y. Choueiry, Christian Bessiere Jan 2010

A First Practical Algorithm For High Levels Of Relational Consistency, Shant Karakashian, Robert J. Woodward, Christopher Reeson, Berthe Y. Choueiry, Christian Bessiere

School of Computing: Conference and Workshop Papers

Consistency properties and algorithms for achieving them are at the heart of the success of Constraint Programming. In this paper, we study the relational consistency property R(*,m)C, which is equivalent to m-wise consistency proposed in relational databases. We also define wR(*,m)C, a weaker variant of this property. We propose an algorithm for enforcing these properties on a Constraint Satisfaction Problem by tightening the existing relations and without introducing new ones. We empirically show that wR(*,m)C solves in a backtrackfree manner all the instances of some CSP benchmark classes, thus hinting at the tractability …

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Xlp: A Cross-Layer Protocol For Efficient Communication In Wireless Sensor Networks, Mehmet C. Vuran, Ian F. Akyildiz Jan 2010

Xlp: A Cross-Layer Protocol For Efficient Communication In Wireless Sensor Networks, Mehmet C. Vuran, Ian F. Akyildiz

School of Computing: Faculty Publications

Severe energy constraints of battery-powered sensor nodes necessitate energy-efficient communication in Wireless Sensor Networks (WSNs). However, the vast majority of the existing solutions is based on classical layered protocols approach, which leads to significant overhead. It is much more efficient to have a unified scheme which blends common protocol layer functionalities into a cross-layer module. In this paper, a cross layer protocol (XLP) is introduced, which achieves congestion control, routing, and medium access control in a cross-layer fashion. The design principle of XLP is based on the cross-layer concept of initiative determination, which enables receiver-based contention, initiative-based forwarding, local …

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Estimating Dilemma Zone Hazard Function At High Speed Isolated Intersection, Anuj Sharma, Darcy Bullock, Srinivas Peeta Jan 2010

Estimating Dilemma Zone Hazard Function At High Speed Isolated Intersection, Anuj Sharma, Darcy Bullock, Srinivas Peeta

Anuj Sharma Publications

The traditional surrogate measures of safety (like number of vehicles in dilemma zone) fail to quantify the risk of crash. Traffic conflict has been proposed as an improved surrogate measure of safety for operations at isolated intersections to quantify the risk. This paper develops a dilemma zone hazard function estimating procedure to obtain the probability of traffic conflict occurring. This approach is an extension of the current approach of dilemma zone boundaries to determine the risk of traffic conflict for an individual vehicle in the case of a dilemma zone incursion. Field data collected from the intersection of SR37 and …

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Improved Algorithm For Modis Satellite Retrievals Of Aerosol Optical Thickness Over Land In Dusty Atmosphere: Implications For Air Quality Monitoring In China, Jun Wang, Xiaoguang Xu, R. Spurr, Yuxuang Wang, Easan Drury Jan 2010

Improved Algorithm For Modis Satellite Retrievals Of Aerosol Optical Thickness Over Land In Dusty Atmosphere: Implications For Air Quality Monitoring In China, Jun Wang, Xiaoguang Xu, R. Spurr, Yuxuang Wang, Easan Drury

Department of Earth and Atmospheric Sciences: Faculty Publications

A new algorithm, using the Moderate Resolution Imaging Spectroradiometer (MODIS) satellite reflectance and aerosol single scattering properties simulated from a chemistry transport model (GEOS-Chem), is developed to retrieve aerosol optical thickness (AOT) over land in China during the spring dust season. The algorithmfirst uses a “dynamic lower envelope” approach to sample theMODIS dark-pixel reflectance data in lowAOT conditions, to derive the local surface visible (0.65 μm)/near infrared (NIR, 2.1 μm) reflectance ratio. Joint retrievals of AOT at 0.65 μm and surface reflectance at 2.1 μm are then performed, based on the time, location, and spectraldependent single scattering properties of the …

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The Endogeneity Problem In Cost-Benefit Analysis, Gregory S. Crespi Jan 2010

The Endogeneity Problem In Cost-Benefit Analysis, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Cost-benefit analysis, an important technique in American public sector decision-making, is used to assess policies through aggregating the estimated willingness to pay of the affected persons to enjoy the benefits or avoid the burdens of those policies. Such analyses are generally based on the implicit simplifying assumptions that both the preferences of existing persons and the genetic identities of the persons who will comprise future generations are exogenous with respect to that policy. If, however, some persons’ preferences are endogenous in that they are altered by a policy, which is often the case, then this exogenous preferences assumption will introduce …

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Further Reflections On Post-Realist Legal Scholarship And Teaching: A Brief Response To Professor Scordato, Gregory S. Crespi Jan 2010

Further Reflections On Post-Realist Legal Scholarship And Teaching: A Brief Response To Professor Scordato, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

In this article, the author scrutinizes Professor Marin Roger Scordato’s recommendations regarding legal scholarship and teaching in the post-realist era. The author takes issue with some of Scordato’s recommendations on how to resolve the tension between instrumentalism and formalist legal discourse. Rather than devoting the bulk of their instruction to conventional doctrines and formalist analysis, the author suggests that instrumentalist law professors give greater relative emphasis to instrumentalist critiques.

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A Critical Legal Rhetoric Approach To In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss Jan 2010

A Critical Legal Rhetoric Approach To In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

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