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2011

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The One Percent Problem, Kevin M. Stack, Michael P. Vandenbergh Nov 2011

The One Percent Problem, Kevin M. Stack, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Parties frequently seek exemption from regulation on the ground that they contribute only a very small share to a problem. These one percent arguments are not inherently questionable; it can be efficient to exclude relatively small contributors. These arguments for exemption garner broad acceptance in part because they appeal to behavioral biases that induce individuals to discount or ignore small values. But when a regulatory problem can be solved only by regulating small contributors, accepting one percent arguments creates what we call the one percent problem. This Article shows that this general problem for regulation has particularly damaging effects on …


Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin Nov 2011

Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends to the contrary that, properly constituted, indeterminate sentencing is both a morally defensible method of preventing crime and the optimal regime for doing so. More specifically, the position defended in this Article is that, once a person is convicted of such an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within very broad ranges set by the …


A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos Nov 2011

A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos

Vanderbilt Law School Faculty Publications

The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in October 2009 that the Department of Justice (DOJ) would stop enforcing the federal marijuana ban against persons who comply with state medical marijuana laws. Given the significance of the medical marijuana issue in both criminal law and federalism circles, this Article sets out to provide the first in-depth analysis of the changes wrought by the DOJ’s new Non Enforcement Policy (NEP). In a nutshell, it suggests that early enthusiasm for the …


Emotional Regulation And Judicial Behavior, Terry A. Maroney Nov 2011

Emotional Regulation And Judicial Behavior, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Judges are human and experience emotion when hearing cases, though the standard account of judging long has denied that fact. In the post-Realist era it is possible to acknowledge that judges have emotional reactions to their work, yet our legal culture continues to insist that a good judge firmly puts those reactions aside. Thus, we expect judges to regulate their emotions, either by preventing emotion’s emergence or by walling off its influence. But judges are given precisely no direction as to how to engage in emotional regulation.
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/="/">This Article proposes a model for judicial emotion regulation that goes …


Saddle Pulmonary Embolism: Is It As Bad As It Looks? A Community Hospital Experience., Alejandro Sardi, Jill Gluskin, Adam Guttentag, Morris N Kotler, Leonard E Braitman, Michael Lippmann Nov 2011

Saddle Pulmonary Embolism: Is It As Bad As It Looks? A Community Hospital Experience., Alejandro Sardi, Jill Gluskin, Adam Guttentag, Morris N Kotler, Leonard E Braitman, Michael Lippmann

Division of Pulmonary, Allergy, and Critical Care Medicine Faculty Papers

BACKGROUND: Saddle pulmonary embolism represents a large clot and a risk for sudden hemodynamic collapse. However, the clinical presentation and outcomes vary widely. On the basis of the findings of right heart dysfunction on echocardiograms, computed tomography angiography, or cardiac enzyme elevation, some argue for the use of thrombolytics or catheter thrombectomy even for hemodynamically stable patients.

OBJECTIVE: To investigate the outcomes and management of patients with saddle pulmonary embolism, including radiographic appearance (estimate of clot burden) and echocardiographic features.

INTERVENTIONS: None.

MEASUREMENTS AND MAIN RESULTS: This study is a retrospective evaluation of all patients with computed tomography angiography positive …


Cutting Tool Insert Having Internal Microduct For Coolant, William J. Endres Nov 2011

Cutting Tool Insert Having Internal Microduct For Coolant, William J. Endres

Michigan Tech Patents

A cutting tool insert includes: a body defining a rake face, a flank face, and a cutting edge at an intersection of the rake and flank faces; and a cooling microduct within the body. The microduct has a cross-sectional area of not more than 1.0 square millimeter. The microduct is adapted to permit the flow of a coolant therethrough to transfer heat away from the cutting edge and extend the useful life of the insert. The microduct may have a portion with a cross-sectional area no larger than 0.004 square millimeter, and may communicate through at least one of the …


Adventures In North America According To My Own Experiences: My Military Service, Andreas Hanselmann, Ch. H. Im Bundt, Richard Blatter, Translator, Leo Schelbert, Editor Nov 2011

Adventures In North America According To My Own Experiences: My Military Service, Andreas Hanselmann, Ch. H. Im Bundt, Richard Blatter, Translator, Leo Schelbert, Editor

Swiss American Historical Society Review

I came back to New Orleans. There one talked about nothing else but war. The northern and southern states rebelled against each other. In the latter, Negro slaves were used in the cotton- and sugar cane plantations. The others abhorred the trade with people and worked toward the abolition of slavery. For many years the Democrats, as the friends of slavery called themselves, were successful in winning for one of theirs the presidential election that took place every four years and thereby dominated the federal government.


Laws For Learning In An Age Of Acceleration, John O. Mcginnis Nov 2011

Laws For Learning In An Age Of Acceleration, John O. Mcginnis

William & Mary Law Review

No abstract provided.


The Current Volume 22 : Issue 11, Nova Southeastern University Nov 2011

The Current Volume 22 : Issue 11, Nova Southeastern University

Student Newspapers

No abstract provided.


Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser Nov 2011

Deterring And Compensating Oil-Spill Catastrophes: The Need For Strict And Two-Tier Liability, W. Kip Viscusi, Richard J. Zeckhauser

Vanderbilt Law Review

The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability structure for deep-sea oil drilling and for catastrophic risks generally. It delineates a two-tier system of liability. The first tier would impose strict liability up to the firm's financial resources, including insurance coverage. The second tier would be an annual tax equal to the expected costs in the coming year beyond this damages amount. Before beginning a risky operation, the proposed liability scheme would identify a single firm-the …


Advising Clients To Commit War Crimes With Impunity: An Unethical Practice, Marjorie Cohn Nov 2011

Advising Clients To Commit War Crimes With Impunity: An Unethical Practice, Marjorie Cohn

Seattle Journal for Social Justice

No abstract provided.


The Research And Development Tax Credit: Moderately Effective But Hampered By Politics, Jonathan Talley Nov 2011

The Research And Development Tax Credit: Moderately Effective But Hampered By Politics, Jonathan Talley

DePaul Business & Commercial Law Journal

No abstract provided.


Show Me The Money: How The Aba Model Rules Of Professional Conduct Can Deter Ncaa Rules Violations Involving Sports Agents & College Athletes, Chris J. Evanoff Nov 2011

Show Me The Money: How The Aba Model Rules Of Professional Conduct Can Deter Ncaa Rules Violations Involving Sports Agents & College Athletes, Chris J. Evanoff

DePaul Journal of Sports Law

No abstract provided.


Second Chance: Establishing A Reentry Program In The Northern District Of Illinois, Hon. Joan Gottschall, Molly Armour Nov 2011

Second Chance: Establishing A Reentry Program In The Northern District Of Illinois, Hon. Joan Gottschall, Molly Armour

DePaul Journal for Social Justice

No abstract provided.


Emergency Contraception In The Emergency Room: "Ec" In The "Er" Analysis And Recommendations, Joelle Emerson Nov 2011

Emergency Contraception In The Emergency Room: "Ec" In The "Er" Analysis And Recommendations, Joelle Emerson

DePaul Journal for Social Justice

No abstract provided.


Chromosome Malorientation Precedes Nondisjunction During Female Meiosis I, Shane Gillies Nov 2011

Chromosome Malorientation Precedes Nondisjunction During Female Meiosis I, Shane Gillies

College of Liberal Arts & Social Sciences Theses and Dissertations

Meiosis is a specialized form of cellular division in which the gametes are formed. During female meiosis I, homologous chromosomes must coorient to opposite poles to ensure proper segregation, otherwise nondisjunction can occur which would form aneuploid gametes. The recent discovery that chromosomes do in fact congress prior to metaphase I arrest in Drosophila requires a reexamination of the mechanisms behind nondisjunction. To do this, a series of altered disjunction (ald) mutant alleles generated by imprecise excision of a P element in the 5’ UTR were compared through a genetic nondisjunction assay and cytological examinations for the chromosomes' …


Security Misread: A Critical Analysis Of Ukraine's Debate On Nato, Andriy Levytskyy Nov 2011

Security Misread: A Critical Analysis Of Ukraine's Debate On Nato, Andriy Levytskyy

College of Liberal Arts & Social Sciences Theses and Dissertations

While the benefits and positive aspects of Ukraine's possible membership in NATO are known and widely discussed from the standpoint of looking for the ways to guarantee Ukraine's security, the negative aspects, associated with the incorporation of Ukraine into broader capitalist and liberal-democratic space of North America and Europe, are largely unknown and remain unquestioned. This thesis aims at a critical study of Ukraine's possible Euro-Atlantic integration and develops an argument against Ukraine's incorporation into NATO. My argument is that by joining NATO, Ukraine may well become predisposed to undertake a course of action that will not serve the interests …


Politics, History, Critique: An Interpretation Of Kant's Political Philosophy In Light Of His Critical-Regulative Method., Dilek Huseyinzadegan Nov 2011

Politics, History, Critique: An Interpretation Of Kant's Political Philosophy In Light Of His Critical-Regulative Method., Dilek Huseyinzadegan

College of Liberal Arts & Social Sciences Theses and Dissertations

My dissertation offers the following three benefits with regard to a renewed interpretation of Kant's political philosophy:

1)I will demonstrate that Kant's essays on history and politics are not dogmatic, unimportant, or of minor significance, but employ a critical principle of teleology, following on the critical-regulative method developed in the Critique of Pure Reason and the Critique of Judgement.

2) Such a holistic and systematic reading of Kant's historico-political writings will reveal that Kant's political philosophy cannot be construed as a mere extension of his moral theory. There is a distinction between how Kant theoretically justifies his normative assumptions about …


Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice Nov 2011

Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


United States V. Davis - 648 F.3d 84 (2d Cir. 2011), Izabella Redzisz Nov 2011

United States V. Davis - 648 F.3d 84 (2d Cir. 2011), Izabella Redzisz

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Sensing With The Motor Cortex, Nicholas G. Hatsopoulos, Aaron J. Suminski Nov 2011

Sensing With The Motor Cortex, Nicholas G. Hatsopoulos, Aaron J. Suminski

Biomedical Engineering Faculty Research and Publications

The primary motor cortex is a critical node in the network of brain regions responsible for voluntary motor behavior. It has been less appreciated, however, that the motor cortex exhibits sensory responses in a variety of modalities including vision and somatosensation. We review current work that emphasizes the heterogeneity in sensorimotor responses in the motor cortex and focus on its implications for cortical control of movement as well as for brain-machine interface development.


Cognitive Bias Modification: Past Perspectives, Current Findings, And Future Applications, Paula T. Hertel, A. Mathews Nov 2011

Cognitive Bias Modification: Past Perspectives, Current Findings, And Future Applications, Paula T. Hertel, A. Mathews

Psychology Faculty Research

Research conducted within the general paradigm of Cognitive Bias Modification (CBM) reveals that emotional biases in attention, interpretation, and memory are not merely associated with emotional disorders but contribute to them. After briefly describing research on both emotional biases and their modification, we examine similarities between CBM paradigms and older experimental paradigms used in research on learning and memory. We also compare the techniques and goals of CBM research to other approaches to understanding cognition/emotion interactions. From a functional perspective, the CBM tradition reminds us to use experimental tools to evaluate assumptions about clinical phenomena and more generally, about causal …


Tracking Development Of The Corpus Callosum In Fetal And Early Postnatal Baboons Using Magnetic Resonance Imaging, Kimberley A. Phillips, P. Kochunov Nov 2011

Tracking Development Of The Corpus Callosum In Fetal And Early Postnatal Baboons Using Magnetic Resonance Imaging, Kimberley A. Phillips, P. Kochunov

Psychology Faculty Research

Although the maturation of the corpus callosum (CC) can serve as a sensitive marker for normative antenatal and postnatal brain development, little is known about its development across this critical period. While high-resolution magnetic resonance imaging can provide an opportunity to examine normative brain development in humans, concerns remain over the exposure of developing fetuses to non-essential imaging. Nonhuman primates can provide a valuable model for normative brain maturation. Baboons share several important developmental characteristics with humans, including a highly orchestrated pattern of cerebral development. Developmental changes in total CC area and its subdivisions were examined across the antenatal (weeks …


Review Of The Book Gender And Globalization: Patterns Of Women’S Resistance, Erica G. Polakoff And Ligaya Lindio-Mcgovern, (Eds.)., Mantra Roy Nov 2011

Review Of The Book Gender And Globalization: Patterns Of Women’S Resistance, Erica G. Polakoff And Ligaya Lindio-Mcgovern, (Eds.)., Mantra Roy

Faculty and Staff Publications

No abstract provided.


Oil Prices And The Impact Of The Financial Crisis Of 2007-2009, Anastasios G. Malliaris, Ramaprasad Bhar Nov 2011

Oil Prices And The Impact Of The Financial Crisis Of 2007-2009, Anastasios G. Malliaris, Ramaprasad Bhar

School of Business: Faculty Publications and Other Works

Oil prices increased dramatically during 2004–2006. Industry experts initially attributed these price increases to fundamental factors such as the rise in global demand, but also because of disruptions in the supply of oil. The price increases however were so substantial that additional factors are needed to explain such dramatic changes. We propose that the decline in the value of the U.S. dollar measured both by the appreciation of the Euro and of gold prices, played an important role as oil suppliers demanded compensation for the declining value of the dollar. Using a Markov switching regime methodology we find evidence that …


Rubbing Off The Corners: The Rite Of Passage Of The Teacher Trainee In 20th Century New Zealand, Teresa Ball Nov 2011

Rubbing Off The Corners: The Rite Of Passage Of The Teacher Trainee In 20th Century New Zealand, Teresa Ball

Australian Journal of Teacher Education

Abstract: This paper investigates how, in the early 20th Century training colleges of New Zealand, student teachers actively constituted themselves through internalising the norms imposed upon them by the educational authorities. It explores how their training resulted in "rubbing off the corners" so that they could be ethically and pedagogically transformed into the ideal teacher. The result of this was the emergence of a disciplined body of conforming individuals who could implement the state's moral and pedagogical imperatives. This occurred through a three-phase rite of passage: the separation of trainees from their original society; a transition in the enclosed world …


Analysis Of Binding Site Hot Spots On The Surface Of Ras Gtpase, Greg Buhrman, Casey O'Connor, Brandon Zerbe, Bradley M. Kearney, Raeanne Napoleon, Elizaveta A. Kovrigina, Sandor Vajda, Dima Kozakov, Evgenii L. Kovrigin, Carla Mattos Nov 2011

Analysis Of Binding Site Hot Spots On The Surface Of Ras Gtpase, Greg Buhrman, Casey O'Connor, Brandon Zerbe, Bradley M. Kearney, Raeanne Napoleon, Elizaveta A. Kovrigina, Sandor Vajda, Dima Kozakov, Evgenii L. Kovrigin, Carla Mattos

Chemistry Faculty Research and Publications

We have recently discovered an allosteric switch in Ras, bringing an additional level of complexity to this GTPase whose mutants are involved in nearly 30% of cancers. Upon activation of the allosteric switch, there is a shift in helix 3/loop 7 associated with a disorder to order transition in the active site. Here, we use a combination of multiple solvent crystal structures and computational solvent mapping (FTMap) to determine binding site hot spots in the “off” and “on” allosteric states of the GTP-bound form of H-Ras. Thirteen sites are revealed, expanding possible target sites for ligand binding well beyond the …


Delphi In Criminal Justice Policy: A Case Study On Judgmental Forecasting, Kim Loyens, Jeroen Maesschalck, Geert Bouckaert Nov 2011

Delphi In Criminal Justice Policy: A Case Study On Judgmental Forecasting, Kim Loyens, Jeroen Maesschalck, Geert Bouckaert

The Qualitative Report

This article provides an in-depth case study analysis of a pilot project organized by the section "Strategic Analysis" of the Belgian Federal Police. Using the Delphi method, which is a judgmental forecasting technique, a panel of experts was questioned about future developments of crime, based on their expertise in criminal or social trends. The results demonstrate how police authorities could implement judgmental forecasting methods like Delphi methodology for the anticipation of future criminal trends, and how this technique, applied under specific conditions, can complement current crime analysis techniques. This article will not focus on criminal trends that were forecasted in …


Aids Related Stigma In Social Relations: A Qualitative Study In Turkey, Aytul Kasapoglu, Elif Kus Saillard, Nilay Kaya, Feryal Turan Nov 2011

Aids Related Stigma In Social Relations: A Qualitative Study In Turkey, Aytul Kasapoglu, Elif Kus Saillard, Nilay Kaya, Feryal Turan

The Qualitative Report

The actual number of HIV/AIDS cases in Turkey is higher than the number of cases reported, and People Living with HIV (PLWHIV) may refrain from acknowledging their sickness or seeking help because of the stigma associated with HIV and fear of discrimination from their close friends, workmates, and even their families. In this paper we aim to explore HIV-positive people's relationships with significant others such as family members, friends, sexual partners, employers and health professionals in order to present the patients' perceptions about stigma and attitudes that lead to pro-social or anti-social behavior towards them. We carried out a qualitative …


Who Wants To Be A Physical Education Teacher? A Case Study Of A Non-Traditional Undergraduate Student In A Physical Education Teacher Education Program, Scott Ronspies Nov 2011

Who Wants To Be A Physical Education Teacher? A Case Study Of A Non-Traditional Undergraduate Student In A Physical Education Teacher Education Program, Scott Ronspies

The Qualitative Report

Forty percent of undergraduate students are non-traditional students. The purpose of this study was to identify what attracted the participant to physical education, identify what situational/social factors facilitated the career choice, and the beliefs of the participant about what it meant to be a physical educator. The study consisted of one male non-traditional student. Artifacts, observation, and interview methods were employed to gain an understanding of why the participant wanted to become a physical educator and what were the beliefs of the participant about physical education teaching or teachers. Findings indicated the participant was attracted to physical education by his …