Digital Commons Network^™

The Durham Statement On Open Access One Year Later: Preservation And Access To Legal Scholarship, Richard A. Danner

Faculty Scholarship

The Durham Statement on Open Access to Legal Scholarship calls for US law schools to stop publishing their journals in print format and to rely instead on electronic publication with a commitment to keep the electronic versions available in “stable, open, digital formats.” The Statement asks for two things: 1) open access publication of law school-published journals; and 2) an end to print publication of law journals. This paper was written as background for a July 2010 American Association of Law Libraries conference program on the preservation implications of the call to end print publication.

Come The Revolution: A Legal Perspective On Air Operations In Iraq Since 2003, Charles J. Dunlap Jr.

Faculty Scholarship

Has the early part of the twenty-first century shown the most dramatic revolution in the role of law in armed conflict in history? Evidence suggests that it has. Today, for example, allegations about civilian casualties often dominate our discussions about strategy in irregular war, itself a phenomenon that, according to the National Defense Strategy, will preoccupy our military services for years to come. Indeed, as will be discussed below in more detail, adherence to law in armed conflict fact and perception is increasingly a central, if not defining, concern of field commanders, as well as military and civilian leaders at …

Pursuing Geoengineering For Atmospheric Restoration, James Salzman, Robert B. Jackson

Faculty Scholarship

Geoengineering is fraught with problems, but research on three approaches could lead to the greatest climate benefits with the smallest chance of unintentional environmental harm. The authors propose a model for thinking about geoengineering based on the concept of restoration, suggesting the term “atmospheric restoration.” Under this model geoengineering efforts are prioritized based on three principles: to treat the cause of the disease itself, to reduce the chance of harm, and to prioritize activities with the greatest chance of public acceptance.

Based on these principles, the authors propose three forms of geoengineering that could provide the greatest climate benefits with …

The Unsettling ‘Well-Settled’ Law Of Freedom Of Association, John D. Inazu

Faculty Scholarship

This article brings historical, theoretical, and doctrinal critiques to bear upon the current framework for the constitutional right of association. It argues that the Supreme Court’s categories of expressive and intimate association first announced in the 1984 decision, Roberts v. United States Jaycees, are neither well-settled nor defensible. Intimate association and expressive association are indefensible categories, but they matter deeply. They matter to the Jaycees. They matter to the Chi Iota Colony of the Alpha Epsilon Pi fraternity, a now defunct Jewish social group at the College of Staten Island that had sought to limit its membership to men. They …

Unstandard Standardization: The Case Of Biology, Arti K. Rai

Faculty Scholarship

How applicable are the approaches adopted by information and communication technology standards-setting organizations to biological standards? Most engineering-based industries construct products from standard, well understood components. By contrast, despite the early attachment of the moniker “genetic engineering” to biotechnology, standardization in the biological sciences has been relatively rare.

Schrödinger’S Cross: The Quantum Mechanics Of The Establishment Clause, Joseph Blocher

Faculty Scholarship

Perhaps the most famous character in modern physics is Schrödinger’s Cat, an unfortunate feline trapped in a box alongside a flask containing deadly poison that may or may not have been released. Thanks to the wonders of quantum mechanics, the cat is both alive and dead — “mixed or smeared out in equal parts” — until the box is opened, at which point the act of observation causes its state to collapse into either life or death.

Far away in the Mojave Desert, the “life” of a six-foot-tall cross is disputed: it is either a religious symbol or it is …

A Curriculum Unit On Programming And Robotics, Marina U. Bers, Louise Flannery, Elizabeth Kazakoff, R. Jordan Crouser

Computer Science: Faculty Publications

The Tangible Kindergarten project studies how, when given age-appropriate tools, young children can actively engage in computer programming and robotics in a way that is consistent with developmentally appropriate practice. This research project explores the creation of novel human computer interaction techniques to support learning with technology in early elementary school, with a focus on kindergarten. Since many modern graphical user interfaces are not designed with the developmental needs of such young learners in mind, they are generally ill-suited for use in early elementary school classrooms, especially for computer programming activities. To overcome this problem, this research project has created …

Brief Of Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Petitioner, Kerry Abrams

Faculty Scholarship

No abstract provided.

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Faculty Scholarship

No abstract provided.

Valuing Intellectual Property: An Experiment, Christopher Buccafusco, Christopher Sprigman

Faculty Scholarship

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions. …

The Confrontation Clause And The Hearsay Rule: What Hearsay Exceptions Are Testimonial?, Paul W. Grimm, Jerome E. Deise, John R. Grimm

Faculty Scholarship

No abstract provided.

Did Secession Really Die At Appomattox?: The Strange Case Of U.S. V. Jefferson Davis, Cynthia Nicoletti

Faculty Scholarship

No abstract provided.

Deradicalization: A Review Of The Literature With Comparison To Findings In The Literatures On Deganging And Deprogramming, Madeline Morris, Frances Eberhard, Jessica Rivera, Michael Watsula

Faculty Scholarship

No abstract provided.

The Rule Of Law Unplugged, Daniel B. Rodriguez, Mathew D. Mccubbins, Barry R. Weingast

Faculty Scholarship

The "Rule of Law" is a venerable concept, but, on closer inspection, it is a complex admixture of positive assumptions, inchoate political and legal theory, and occasionally wishful thinking. Although enormous investments have been made in rule of law reformism throughout the world, advocates of transplanting American-style legal and political institutions to developed and developing countries are often unclear about what they are transplanting and why they are doing so. The concept of rule of law has become unplugged from theories of law. Scholars clearly have more work to do in understanding the rule of law and designing institutions to …

The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Substance Of False Confessions, Brandon L. Garrett

Faculty Scholarship

A puzzle is raised by cases of false confessions: How could an innocent on convincingly confess to a crime? Postconviction DNA testing has now exonerated over 250 convicts, more than forty of whom falsely confessed to rapes and murders. As a result, there is a new awareness that innocent people falsely confess, often due to psychological pressure placed upon them during police interrogations. Scholars increasingly examine the psychological techniques that can cause people to falsely confess and document instances of known false confessions. This Article takes a different approach, by examining the substance of false confessions, including what was said …

Iqbal And Empathy, Darrell A. H. Miller

Faculty Scholarship

This Essay argues that empathy does and should play an important, albeit limited role, in a judge’s decision making process. Specifically, empathy is essential for making correct, principled, and unbiased judgments, because empathy is one of the few means we have to understand human motivation. Empathy is a crucial cognitive mechanism that can help compensate for common cognitive bias. As such, empathy, appropriately restricted, should be an accepted and meaningful tool for judges to use in evaluating the sufficiency of complaints, especially as they relate to Iqbal’s plausibility pleading standard.

What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Effect Of Crushed Ice Quantity On Interface And Intramuscular Temperatures During And Following Immersion, Christopher James Nelson

Dissertations and Theses @ UNI

Context: Latent heat of fusion of ice increases heat removal. Thus, a greater ice to water ratio during cooling and following immersion could enhance cooling efficacy. Moreover, a greater ice to water ratio could shorten treatment durations without reducing residual cooling effectiveness. Objective: Compare interface and muscle temperatures during and post-immersion using 2 ice to water ratios and treatment durations. Design: Crossover trial. Setting: Laboratory. Patients or Other Participants: Sixteen active volunteers (age= 21 ± 2yrs, ht= 173.0 ± 12.1cm, mass= 75.0 ± 12.4kg, skinfold= 21.7 ± 4.0mm, and girth= 37.2 ± 3.0cm) in accordance with university IRB. Interventions: During …

Trading-Off Reproductive Technology And Adoption: Does Subsidizing In Vitro Fertilization Decrease Adoption Rates And Should It Matter?, Daniel L. Chen, I. Glenn Cohen

Faculty Scholarship

For those facing infertility, using assisted reproductive technology to have genetically related children is a very expensive proposition. In particular, to produce a live birth through in vitro fertilization (IVF) will cost an individual (on average) between $66,667 and $114,286 in the U.S. If forced to pay these prices out of pocket, many would be unable to afford this technology. Given this reality, a number of states have attempted to improve access to reproductive technology through state-level insurance mandates that cover IVF. Several scholars, however, have worried that increasing access in this way will cause a diminution in adoptions and …

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.

Designing Payments For Ecosystem Services, James Salzman

Faculty Scholarship

This Policy Series by James Salzman brings attention to a rapidly developing phenomenon—payments for ecosystem services (PES).

Salzman, the Samuel F. Mordecai Professor of Law and the Nicholas Institute Professor of Environmental Policy at Duke University, explains when and where ecosystem services can be provided by voluntary markets rather than government actions. The key to understanding how PES work is rooted in the basis of any voluntary market transaction—gains from trade. One party agrees to take action because another party offers an incentive. Both parties benefit. A beekeeper, for example, brings her hives to an orchard to provide pollination services …

"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 …

Growth And Age At Reproductive Maturity Of The Carolina Pigmy Rattlesnake, Sistrurus M. Miliarius (Reptilia: Serpentes), Kevin Robert Messenger

Theses, Dissertations and Capstones

Growth and age at reproductive maturity are life history attributes that play an important role in the development of proper management strategies. The Carolina Pigmy Rattlesnake, Sistrurus m. miliarius, is one of two dwarf rattlesnake species. The subspecies ranges from eastern NC to nearly the southern tip of SC and into the northeastern portion of GA. In NC, where the species’ status is of Special Concern, fragmentation and land development have destroyed most of its historic range. Its small size also makes it highly susceptible to predation. In some parts of the range, commercial collection is another pressure the species …

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 …

Automatic Readability Assessment, Lijun Feng

Dissertations, Theses, and Capstone Projects

We describe the development of an automatic tool to assess the readability of text documents. Our readability assessment tool predicts elementary school grade levels of texts with high accuracy. The tool is developed using supervised machine learning techniques on text corpora annotated with grade levels and other indicators of reading difficulty. Various independent variables or features are extracted from texts and used for automatic classification. We systematically explore different feature inventories and evaluate the grade-level prediction of the resulting classifiers. Our evaluation comprises well-known features at various linguistic levels from the existing literature, such as those based on language modeling, …

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 …