Digital Commons Network^™

The Effect Of Race On Eyewitness Identification Lineup Processing Strategies: An Analysis Of Eye Movements, Ryan Betts

Dissertations and Theses @ UNI

Race plays an extremely important role in people's ability to recognize or identify an individual in an eyewitness identification situation. In particular, other-race faces are more poorly recognized than same-race faces. This phenomenon, known as the cross-race effect, compounded by problematic lineup administration, contribute to the hundreds of falsely convicted people who continue to be exonerated through DNA evidence to this day. The current study focused on the role that race plays in an eyewitness's decision making strategy when viewing simultaneous police lineups. Eye tracking methodology was used to analyze eye movements and fixations while viewing lineups that were of …

Collective Management Of Copyrights And Human Rights: An Uneasy Alliance Revisited, Laurence R. Helfer

Faculty Scholarship

This essay analyzes the “creators’ rights” provisions of the International Covenant on Economic Social and Cultural Rights (ICESCR) in the context of the collective administration of copyright and neighboring rights and the policies and practices of collective management organizations (CMOs). It also addresses other human rights treaties and international court rulings relevant to collective rights management. The essay begins with an overview of the ICESCR Committee’s General Comment on ICESCR Article 15(1)(c), “the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the …

Responsible Sovereign Lending And Borrowing, Mitu Gulati, Lee C. Buchheit

Faculty Scholarship

There are three reasons for attempting to reach a common understanding of the responsibilities of sovereign borrowers and their lenders. First, the flow of capital to sovereign debtors is exceptionally important to the world economy. Industrialized countries rely on it to finance their budget deficits, these days to a breathtaking extent. Developing countries need it to develop. Misbehaviour, either by the sovereign debtors or by the creditors, destabilizes this key component of the international financial system, making credit less available and more costly.

Second, sovereign finance is uniquely unforgiving of mistakes. Unlike corporate or personal debtors, sovereigns do not have …

Evaluating Judges And Judicial Institutions: Reorienting The Perspective, Mitu Gulati, David E. Klein, David F. Levi

Faculty Scholarship

Empirical scholarship on judges, judging, and judicial institutions, a staple in political science, is becoming increasingly popular in law schools. We propose that this scholarship can be improved and enhanced by greater collaboration between empirical scholars, legal theorists, and the primary subjects of the research, the judges. We recently hosted a workshop that attempted to move away from the conventional mode of involving judges and theorists in empirical research, where they serve as commentators on empirical studies that they often see as reductionist and mis-focused. Instead, we had the judges and theorists set the discussion agenda for the empiricists by …

A Foundational Proposal For Making The Durham Statement Real, Wayne V. Miller

Faculty Scholarship

This outline is an attempt to synthesize the issues surrounding the ambitious project of the Durham Statement on Open Access to Legal Scholarship into a coherent, though still quite preliminary solution. At the heart is the conviction that the problems of digital publishing are best solved by a stable and open organization of and by the stakeholders.

Facing The Debt Challenge Of Countries That Are Too Big To Fail, Steven L. Schwarcz

Faculty Scholarship

The recent financial woes of Greece and other nations are reinvigorating the debate over whether to bail out defaulting countries or, instead, restructure their debt. Bailouts are expensive, in the case of Greece costing potentially hundreds of billions of euros. But a bailout was virtually inevitable because a default on Greek debt was believed to have the potential to bring down the world financial system. This is a growing problem: as finance becomes more intertwined, the potential for a countrys debt default to trigger a larger systemic collapse becomes even more tightly linked. This reveals a phenomenon viewed until recently …

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Faculty Scholarship

Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best appreciated in the context of its original meaning as ideologically neutral description of how law might be used in armed conflict. It emphasizes that although law may be manipulated by some belligerents for nefarious purposes, it can still serve to limit human suffering in war. In discussing the current state of the concept of lawfare, the essay reviews several contentious areas, and recognizes the concerns of critics. The paper concludes that lawfare is still a useful term, and is optimized when it is …

Enforcing International Corrupt Practices Law, Paul D. Carrington

Faculty Scholarship

This Essay strives to advance the current international movement to
deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.

Rethinking Reliance On Eyewitness Confidence, Neil Vidmar, James E. Coleman Jr., Theresa A. Newman

Faculty Scholarship

No abstract provided.

On Not Being “Not An Originalist”, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Further Reflections On Not Being “Not An Originalist”, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Government Of Sudan V. Sudan’S People’S Liberation Movement/Army (“Abyei Arbitration”), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

Happiness Research And Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

A growing body of research on happiness or subjective well-being (SWB) shows, among other things, that people adapt to many injuries more rapidly than is commonly thought, fail to predict the degree of adaptation and hence overestimate the impact of those injuries on their SWB, and, similarly, enjoy small or moderate rather than significant changes in SWBg in response to significant changes in income. Some researchers believe that these findings pose a challenge to cost-benefit analysis, and argue that project evaluation decision-procedures based on economic premises should be replaced with procedures that directly maximize subjective well-being. This view turns out …

Book Review, Matthew D. Adler

Faculty Scholarship

Reviewing, N. Scott Arnold, Imposing Values: An Essay on Liberalism and Regulation (2009)

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 …

On The Constitutionality Of Health Care Reform, Barak D. Richman

Faculty Scholarship

This commentary describes the legal challenges to the Patient Protection and Affordable Care Act.

The Market Reaction To Legal Shocks And Their Antidotes: Lessons From The Sovereign Debt Market, Michael Bradley, James D. Cox, Mitu Gulati

Faculty Scholarship

In October 2000 a hedge fund holding an unpaid debt claim won an enormous victory against the debtor, the Republic of Peru, through an opportunistic interpretation of the common pari passu clause by a Brussels court. This development was met by charges from policy makers and practitioners that the court's decision (its novel interpretation of the pari passu clause) would lead to a dramatic increase in the risks of holdout litigation faced by sovereign debtors. Over the ensuing years, multiple reform solutions were proposed including the revision of certain contractual terms, the filing of amicus briefs in a key case, …

"A Cage Of Ovulating Females" : Mary Breckinridge And The Politics Of Contraception In Rural Appalachia, Dana Allen Johnson

Theses, Dissertations and Capstones

Mary Breckinridge and the Frontier Nursing Service have been the focus of intense scholarly effort over the last twenty years. Scholarship on Mary Breckinridge has centered on her healthcare reform work in Appalachia and its effects on the local residents and culture. This thesis examines the oral contraceptive trial that the FNS performed in Leslie County in the late 1950s and early 1960s. Although Breckinridge and the FNS maintained a restrictive contraceptive stance, they paradoxically permitted the contraceptive trial to be conducted on their patients in Leslie County. The decision to participate in the contraceptive trial resulted from a complex …

Tools And Community : How Women Become Researchers In Communication Sciences And Disorders, Karen L. Mccomas

Theses, Dissertations and Capstones

Communication Sciences and Disorders (CSD) is a female-dominated discipline in danger of losing its professional autonomy. In 2002, the American Speech-Language- Hearing Association (ASHA) reported that 6-7% of all faculty positions in CSD were vacant, predicted a substantial increase in vacancies through 2012, and declared the issue of faculty preparation as the "most significant threat to our [CSD] future" (p. 5). In 2008, ASHA reported that, although more people were receiving Ph.D. degrees, only half accepted positions in higher education. The purpose of this study was to extend understanding of the problem of too few researchers in CSD by increasing …

Comparison Of The Reading Subtests Of The Wechsler Individual Achievement Test - Third Edition And The Peabody Individual Achievement Test-Revised/Normative Update, Lauren M. Ott

Theses, Dissertations and Capstones

This study compared the reading subtests of the Wechsler Individual Achievement Test Third Edition and the Peabody Individual Achievement Test-Revised/Normative Update. Scores were compared on these two tests in a group of 28 students ages 7 through 12 who were referred or reevaluated for suspected learning problems. The data were collected through a deidentified data set provided by a school building staff member or administrator and included such information as gender, age, and grade level as well as WIAT-III and PIAT-R/NU reading subtest scores. A t test of significance and the Pearson r Correlations were computed to see how the …

The Relationship Between The Wisc-Iv Gai And The Kabc-Ii, Nancy R. Oliver

Theses, Dissertations and Capstones

This present study compared the WISC-IV GAI and the global scores of KABC-II. The tests were administered to referred students in rural schools in Ohio and West Virginia. The study included 30 Caucasian students between the ages of 6 years, 7 months to 16 years, 11 months; 19 females and 11 males with an average age of 9 years, 10 months. Results found a strong correlation between the GAI and the FCI; and the GAI and the MPI. The results of the t-test of significance suggested that these tests given to the same student would yield similar results.

Madness, Sexuality, And Gender In Early Twentieth Century Music Theater Works: Four Interpretive Essays, Megan B. Jenkins

Dissertations, Theses, and Capstone Projects

Diagnoses of madness are inextricably entwined with social and cultural beliefs about gender and sexual behavior. The portrayal of characters in music theater as mad relies on contemporaneous understanding of mental illness, as often resulting from, or expressed in transgression of normative gender roles or heteronormativity, and this may apply either to male or female characters. Such transgressions are explored--with regard to recent reconceptualizations of madness within Disability Studies--in four works: Arnold Schoenberg's monodrama Erwartung (1924); Richard Strauss's opera Salome (1905); Kurt Weill's ballet chanté, Anna-Anna (1933), also known as The Seven Deadly Sins; and Igor Stravinsky's neo-classical …

A Critical And Cultural Poetics Of The End: Self, Space, And Volatility In Los Angeles, Pamela Albanese

Dissertations, Theses, and Capstone Projects

A Critical and Cultural Poetics of the End: Self, Space, and Volatility in Los Angeles delineates the correspondences between Los Angeles spaces--exterior, topographical, architectural, and imaginary--and aspects of the self--interiority, identity, experience, and desire--in fictional and non-fictional depictions of Los Angeles. Through close readings of key Los Angeles novels, essays, and films, this project emphasizes how the narrative "I" traverses urban space, focusing on the dissolution of boundaries between self and place. Los Angeles' sprawling, decentralized layout and rapidly-shifting landscape have a profound influence on narrative identity, generating a volatile and disquieting sense of self; this project also explores how …

Teaching Style: An Investigation Of New York City Public High School Teacher Dress Practices, Anne J. Brownstein

Dissertations, Theses, and Capstone Projects

In recent decades there has been increasing interest in regulating teacher appearance in the schools. While there is a great deal of anecdotal data available about what dress standards for teachers should be, to the best of the researcher's knowledge no one has undertaken scholarly research to investigate teacher attitudes towards their constructions of self, self-as-teacher, and educational philosophies as expressed by dress practices.

Predicated upon the theory that the study of self presentation provides a window through which we can gain insight into these constructions, this dissertation investigates how a sample of nine New York City public high school …

Music And National Identity: A Study Of Cello Works By Taiwanese Composers, Yu-Ting Wu

Dissertations, Theses, and Capstone Projects

The purpose of this study is to explore the impact of folkloric elements in music by Taiwanese composers and to uncover the methods they treat regional materials under the influences of Western compositional techniques, hereby creating a new fusion within classical music. This study centers in the ethnic impact on modern Taiwanese music, and also provides an opportunity to probe the significance of the subject "nation" in the field of musical creativity.

In this dissertation, the discussion includes the development of traditional and Western music in Taiwan including the historical and cultural background, how music serves as an emblem of …

Railroads And Economies Of Scale And Scope In U.S. Manufacturing Industries: 1850-1880. Chandler Revisited, Michael Kalson

Dissertations, Theses, and Capstone Projects

This study concerns the measurement and quantification of the relationship between railroadization in the United States in the mid-19^th century and the subsequent evolution of the modern, large-scale, corporate form of industrial business organization marked by significant economies of scale and scope, as described in various writings by Alfred Chandler. Focusing on American industry as it developed from 1850-1880 using data uniquely suited to empirical analysis of economies of scale and scope, its aim is to determine whether the growth of the American railroad network, as Chandler contended, expanded markets and augmented the American financial sector such that the …

Colombian Artists In Paris, 1865-1905, Maya Jiménez

Dissertations, Theses, and Capstone Projects

This dissertation brings together a group of artists not previously studied collectively, within the broader context of both Colombian and Latin American artists in Paris. Taking into account their conditions of travel, as well as the precarious political and economic situation of Colombia at the turn of the twentieth century, this investigation exposes the ways in which government, politics and religion influenced the stylistic and thematic choices made by these artists abroad. For those who were pensioned artists and who were restricted by a defined political agenda, their artistic experimentation was limited, while the more radical artists were typically wealthy …

Design And Performance Analysis Of Genetic Algorithms For Topology Control Problems, Cem Safak Sahin

Dissertations, Theses, and Capstone Projects

In this dissertation, we present a bio-inspired decentralized topology control mechanism, called force-based genetic algorithm (FGA), where a genetic algorithm (GA) is run by each autonomous mobile node to achieve a uniform spread of mobile nodes and to provide a fully connected network over an unknown area. We present a formal analysis of FGA in terms of convergence speed, uniformity at area coverage, and Lyapunov stability theorem.

This dissertation emphasizes the use of mobile nodes to achieve a uniform distribution over an unknown terrain without a priori information and a central control unit. In contrast, each mobile node running our …

How Counseling Helps: An In-Depth Look At Domestic Violence Counseling, Sonya V. Crabtree-Nelson

Dissertations

Intimate partner violence (IPV) is currently described by trauma researchers as a social epidemic (Briere & Jordan, 2004) . The array of domestic violence services we currently have in the United States were started 30 years ago by women victims assisting other women. Currently, the services we have for victims of IPV are largely unchanged and the literature lacks information on what is helpful to victims of IPV in a domestic violence counseling setting. The research points to the fact that women seeking domestic violence counseling experience an array of physical and mental health sequelae as a result of the …

Hypervirulent Clostridium Difficile Strains: Adherence, Toxin Production And Sporulation, Michelle Marie Merrigan

Dissertations

Clostridium difficile is a leading cause of nosocomial infections, and recently emerged "hypervirulent" C. difficile strains have caused epidemics worldwide. We hypothesized that multiple factors were responsible for this phenotype, particularly the interaction of C. difficile with the epithelial cell, as well as toxin production and sporulation.

To test if host interaction varied in HV strains, we developed a quantitative host-cell adherence assay, and found that while C. difficile strains varied in adherence to human intestinal epithelial cells, hypervirulent strains were not significantly more adherent than other strains. The bacterial surface protein SlpA varied in both size and amount between …