Digital Commons Network^™

Showcasing: The Positive Spin, Katharine T. Bartlett

Faculty Scholarship

This Commentary outlines the positive case for showcasing diversity. Patrick Shin and Mitu Gulati criticize showcasing on the grounds that appointing women and minorities to board directorships is unreliable as a sign of true commitment to diversity and, further, that showcasing is detrimental to women and minorities because it treats them as objects or “prized trophies.” Drawing on social psychology, this Commentary highlights the mechanisms through which showcasing, despite the negative features emphasized by Shin and Gulati, also reinforces diversity values and strengthens the existing societal consensus in favor of diversity.

Helping Microfinance Become Commercially Sustainable, Steven L. Schwarcz

Faculty Scholarship

Microfinance primarily refers to the making of small loans to low-income individuals and the poor, to enable them to start or expand small businesses. Currently, most microfinance loans are made through nonprofit microfinance institutions (MFIs) that receive donor money. However, donor-funded loans can account for only a small portion of the need. Microfinance analysts estimate, for example, that total market potential is $300 billion, of which only ten percent is currently being captured. Increasingly, the shortfall in funding is being met by commercial banks. But commercial-bank intermediation is expensive, with a global average effective interest rate (on commercial microfinance loans) …

Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], Ralf Michaels

Faculty Scholarship

Downloadable Document is in German

Summary

1. The private lawyer’s role is inseparably connected with the paradigms and doctrines of private law. This is so because the role played by private lawyers constitutes a large part of their understanding of the discipline. At the same time, the shared understanding of the discipline has necessary consequences for the roles played by lawyers in it.

2. Roles and role perceptions in private law are contingent upon space and time. The most important factor affecting private lawyers today is the growing detachment of private law from the state, through globalization, Europeanization, and privatization …

Four Constitutional Limits That The Minimum Coverage Provision Respects, Neil S. Siegel

Faculty Scholarship

Opponents of the minimum coverage provision in the Affordable Care Act charge that if Congress can require most people to obtain health insurance or pay a certain amount of money, then Congress can impose whatever mandates it wishes—or, at least, whatever purchase mandates it wishes. This Essay refutes that claim by identifying four limits on the Commerce Clause that the minimum coverage provision honors. Congress may not use its commerce power: (1) to regulate noneconomic subject matter; (2) to impose a regulation that violates constitutional rights, including the right to bodily integrity; (3) to regulate at all, including by imposing …

Defining International Law Librarianship In An Age Of Multiplicity, Knowledge, And Open Access To Law, Richard A. Danner

Faculty Scholarship

Many law librarians are experts in international law and legal research. The concept of ‘international law librarianship’, however, encompasses something more than a field of study in which a group of experts practise their profession. In the broader sense, the idea suggests a common calling, similar interests, and goals shared by librarians with a range of specialties beyond international law, working in all types of law libraries. What commonalities create and sustain the concept of international law librarianship? This paper suggests that they can be found in: law librarians’ common need to respond to the ‘multiplicity’ of information sources facing …

Keynote Address: A Regulatory Framework For Managing Systemic Risk, Steven L. Schwarcz

Faculty Scholarship

This accessible analysis of systemic risk regulation was delivered as the keynote speech at an October 20, 2011 European Central Bank conference on regulation of financial services. Many regulatory responses, like the Dodd-Frank Act in the United States, consist largely of politically motivated reactions to the financial crisis, looking for villains (whether or not they exist). To be most effective, however, the regulation must be situated within a more analytical framework. In this speech, I attempt to build that framework, showing that preventive regulation is insufficient and that regulation also must be designed to limit the transmission of systemic risk …

Investing In Work: Wilkes As An Employment Law Case, Deborah A. Demott

Faculty Scholarship

This Article begins by introducing the doctrine of employment at-will and its contemporary operation, and applying the doctrine to the facts in Wilkes. The point of the exercise is making clear the impact of Wilkes from the standpoint of employment law. The Article next turns to scholarship examining the at-will rule as a default rule and the circumstances under which a default rule may become sticky. Against this background, the Article concludes by reexamining the holding in Wilkes along with subsequent developments in Massachusetts and other jurisdictions. These include the implications of buy-sell and comparable provisions in shareholder agreements. In …

Golan V. Holder: Copyright In The Image Of The First Amendment, David L. Lange, Risa J. Weaver, Shiveh Roxana Reed

Faculty Scholarship

Does copyright violate the First Amendment? Professor Melville Nimmer asked this question forty years ago, and then answered it by concluding that copyright itself is affirmatively speech protective. Despite ample reason to doubt Nimmer’s response, the Supreme Court has avoided an independent, thoughtful, plenary review of the question. Copyright has come to enjoy an all-but-categorical immunity to First Amendment constraints. Now, however, the Court faces a new challenge to its back-of-the-hand treatment of this vital conflict. In Golan v. Holder the Tenth Circuit considered legislation (enacted pursuant to the Berne Convention and TRIPS) “restoring” copyright protection to millions of foreign …

Introductory Note To The International Centre For Settlement Of Investment Disputes: Aes Summit Generation Ltd. V. Republic Of Hungary, Charles O. Verrill Jr.

Faculty Scholarship

No abstract provided.

Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee

Faculty Scholarship

No abstract provided.

What State Constitutional Law Can Tell Us About The Federal Constitution, Joseph Blocher

Faculty Scholarship

Courts and scholars have long sought to illuminate the relationship between state and federal constitutional law. Yet their attention, like the relationship itself, has largely been one-sided: State courts have consistently adopted federal constitutional law as their own, and scholars have attempted to illuminate why this is, and why it should or should not be so. By contrast, federal courts tend not to look to state constitutional law, even for persuasive authority. Nor have scholars argued at any length that federal courts can or should look to state constitutional law for guidance in answering the many constitutional questions common to …

Public Funding Of Judicial Campaigns: The North Carolina Experience And The Activism Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

In recent years, the problem of selecting judges to sit on the highest state courts has become a national crisis. North Carolina remains among the states whose constitutions require competitive elections of all its judges. Presently, all candidates for its judicial offices must first compete for election in a non-partisan primary, a system motivated by the desire to maximize the power of the state’s citizen-voters to choose their judges and hold them accountable for their fidelity to the law. Some observers have continued to celebrate such judicial elections as an honorable democratic empowerment, while others have not. The disagreement has …

A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy

Faculty Scholarship

No abstract provided.

Who’S Afraid Of The Federal Circuit?, Arti K. Rai

Faculty Scholarship

In this brief Essay, Professor Rai responds to Professor Jonathan Masur's Yale Law Journal article "Patent Inflation." Professor Masur's argument rests on the assumption that U.S. Patent and Trademark Office ("PTO") behavior is determined almost entirely by a desire to avoid reversal by the Federal Circuit. Although the PTO is certainly a weak agency over which the Federal Circuit has considerable power, Masur overestimates the extent to which high-level PTO administrators are concerned about Federal Circuit reversals and underestimates institutional influences that are likely to operate in a deflationary direction. The PTO is influenced not only by the Federal Circuit …

Special Incentives To Sue, Margaret H. Lemos

Faculty Scholarship

In an effort to strengthen private enforcement of federal law, Congress regularly employs plaintiff-side attorneys’ fee shifts, damage enhancements, and other mechanisms that promote litigation. Standard economic theory predicts that these devices will increase the volume of suit by private actors, which in turn will bolster enforcement and encourage more voluntary compliance with the law. This Article challenges the conventional wisdom. I use empirical evidence to demonstrate that special incentives to sue do not dependably generate more litigation. More crucially, when such incentives do work, they often trigger a judicial backlash against the very rights that Congress sought to promote. …

State Enforcement Of Federal Law, Margaret H. Lemos

Faculty Scholarship

Federal law is enforced through a combination of public and private efforts. Virtually all federal civil statutes vest enforcement authority in a federal agency; some also create private rights of action that permit private parties to sue to enforce federal law. Decades of commentary on the choice between public and private enforcement have generated a remarkably stable set of arguments about the strengths and weaknesses of each type. But the conventional wisdom tells only part of the story, as it ignores variations within the category of public enforcement. In fact, there are two distinct types of public enforcement. Many federal …

Causation In The Fiduciary Realm, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Brief Of Constitutional Law Professors As Amici Curiae In Support Of Petitioner, Ernest A. Young

Faculty Scholarship

No abstract provided.

Pitx2 Is Overexpressed In Follicular Cell-Derived Thyroid Cancer And Promotes Thyroid Cancer Proliferation By Regulating Cell Cycle, Yue Huang

Theses, Dissertations and Capstones

Thyroid cancer is the most prevailing malignancy of the endocrine system. Its incidence is rapidly rising at the second fastest rate of all malignancies in the United States, making it a significant health problem. Although the majority of thyroid cancer is slowly-growing and well-differentiated, available treatment options are very limited, and most of them require complete removal of the thyroid gland and surrounding tissues. Patients who have undergone thyroid removal have to take life-long hormone replacement therapy, which is very inconvenient and costly. Therefore, there is an urgent need to develop new treatments for this disease. As a prerequisite for …

Girls' Secondary Education In Uganda: Assessing Policy Within The Women's Empowerment Framework, Shelley Jones

Institute for Educational Development, East Africa

This paper makes the case that policies, such as the National Strategy for Girls' Education in Uganda (NSGE), intended to achieve gender equity in education for girls in developing countries, have limited relevance to, and impact on girls' actual educational experiences. Recent considerations of girls' education acknowledge that gender equity within education is more than access to schooling; it entails the cultivation of capabilities necessary for girls to participate fully, actively and equally in all aspects of their societies. Drawing on a longitudinal, ethnographic policy research case study with 15 Ugandan schoolgirls in rural Masaka District, Uganda, from August 2004 …

A Business Case For Return On Investment: Understanding Organizational Change, Rya S. Henderson-Carter

Walden Dissertations and Doctoral Studies

Since 2010, 2,000 U. S. leaders spent {dollar}150 billion on return on investment (ROI) training, yet questions still exist on how to measure the benefits of organizational change. The purpose of this embedded single-case study was to explore how business leaders could use ROI to characterize the benefit of intervention strategies for organizational change. Stakeholder theory and Maslow's hierarchy of needs theory formed the conceptual framework for this study. A purposive sample of 20 civilian personnel managers located at a medical facility for veterans in central Texas participated in semistructured interviews. The 5 primary themes that emerged using thematic analysis …

Improving Community College Faculty Effectiveness Through Technology-Based Learning Communities, David Mark Peter

Walden Dissertations and Doctoral Studies

College faculty members are often inadequately prepared to use technology in their classrooms. They often learn technology without institutional support, and without understanding technology's impact on student learning. As a result of these shortcomings, the use of technology in the college classroom is often not systematic or focused on improving learning. This study used a conceptual framework based on Wenger's learning community or community of practice idea. This study examined a Midwestern university where faculty made only limited use of classroom technology and did not demonstrate contemporary approaches to student learning. The study set out to determine the impact of …

Sibling Suicide In Indo-American Families: Acculturation, Acculturative Stress, And Family Relationships, Suresh Unni

Dissertations

This study investigated suicide in Indo-American families. Relationships between acculturation, acculturative stress, and family relationships in completed suicides of Indo-American youth were examined. Snowball sampling procedures were used to find six adult sibling survivors of suicide as participants. Semi-structured, in-depth interviews were conducted by the researcher. Grounded theory strategies were used to analyze data and generate theory. Analysis of results yielded both protective and risk factors for suicide. Acculturation risk factors resulted from homogeneous populations lacking in diversity while protective factors were progressive and integrated neighborhood and schools. Integration was the preferred mode of acculturation by participants and suicide victims. …

So That Love May Be Safeguarded: The Nature, Form, And Function Of Obedience As A Heuristic Device For The Theology Of Hans Urs Von Balthasar, Daniel Paul Burns

Dissertations

Hans Urs von Balthasar's literary body of work is enormous. His style is erudite and often abstruse. As a result, it is often difficult to systematize and arrange his work into coherent and consistent categories. This dissertation offers the singular category of obedience as a heuristic device to help render the entire von Balthasarian corpus more understandable. For von Balthasar, the word "obedience" is multivalent and rich in meaning. It cuts across all aspects of human relationships, of human relationships with God, and even God's relationship with Himself. This dissertation claims that the meaning of the word "obedience" is central …

Cofactors In Coronavirus Entry, Ana Shulla

Dissertations

Viruses have evolved complex ways to penetrate host barriers and cause disease. One of the most important barriers the virus has to cross is the cellular membrane. Enveloped viruses accomplish this task by viral glycoprotein-mediated binding to host cells and fusion of virus and host cell membranes. For the coronaviruses, viral spike (S) proteins execute these cell entry functions. In my dissertation research I focused on understanding the coronavirus spike proteins as well as other cofactors required for S-mediated entry into cells.

The S proteins are set apart from other viral and cellular membrane fusion proteins by their extensively palmitoylated …

Service-Learning And Jesuit Pedagogy: A Critical Analysis, Nichol Elizabeth Hooker

Dissertations

Service-learning and Jesuit pedagogy have each been the subject of numerous studies and journal articles, particularly throughout the last 40 years. The purpose of this study was to connect these two bodies of research and identify fundamental characteristics that must be present in order for service-learning to conform to Jesuit pedagogy. This study includes an analysis of the core documents of Jesuit education, an examination of research pertaining to service-learning, and a review of literature related to identity development, reflection, social justice, and cultural immersion. The result is a framework of five characteristics (social justice, solidarity, service, reflection, and academic …

Leading With Love: The Confluence Of Spirituality And Leadership In College Students, Eileen Patricia Doherty

Dissertations

This study explored the relationship between spirituality and leadership in college students, creating a conceptual framework for student spiritual leadership. Based in the prior work of leadership theory, college student leadership development, faith development, spiritual leadership, spirituality in higher education, and the environment of faith-based institutions, this research built upon previous research to create a framework for future study.

Using a case study method that considered a specific context, fourth-year students at a mid-size Catholic institution were interviewed, along with faculty and staff who offered observations of the students. While these students are a small sample of the college student …

Winning The Future: Strategic Plan For The Development Of Tourism, Robertico R. Croes, Manuel A. Rivera, Abraham Pizam, Eric D. Olson, Seung Hyan Lee, Yun Ying Zhong

Dick Pope Sr. Institute Publications

Aruba has developed and positioned its tourism sector as one of the premier destinations in the Caribbean over the past twenty-five years. The push towards tourism development was primarily aimed to create jobs and to enhance the quality of life of its population. The results have been astounding: not only has the island successfully transformed from an industrial-based economy to a tourist- and service-based economy, but the island now boasts one of the highest living standards in the Caribbean. The prosperity on the island is broadly shared among Arubans. Tourism has become an engine of economic growth, totaling U.S.$2.3 billion …

An Exploratory Study Of The Curricular Integration Of Ethics In Executive Mba Programs, Jaime M. Franco

Dissertations

An Exploratory Study of the Curricular Integration of Ethics in Executive MBA Programs

News headlines of corporate scandals have unleashed a contentious debate of whether or not graduate management education has contributed to corporate collapses and the resultant financial crisis. In particular, questions abound as to the willingness of Executive MBA program (EMBA) administrators and faculty to integrate ethics into the curriculum.

A sizable amount of research has been conducted and published on the curricular integration of ethics in graduate management education. Unfortunately, very little is known about the curricular integration of ethics in EMBA programs. Over time, the number …

Being And Becoming A U.S. Iraq War Veteran: An Exploration Of The Social Construction Of An Emerging Identity, Anna Stachyra

Dissertations

Background: Traditional perspectives of veteran mental health are grounded in physiological and psychological principles of trauma response and recovery. An alternative perspective is needed for the provision of culturally relevant healthcare to our nation's newest veterans. Research Question: Based on the premise that each veteran cohort has a characteristically identifiable cultural form and process of cultural identification and negotiated development, the research question guiding this study was, "What is the culture of the Iraq War veteran?" Study Aim: The purpose of this study was to describe, from social constructivist perspective, Operation Iraqi Freedom [OIF] veteran cultural identity development. Study Design …