Digital Commons Network^™

Empowering The Collaborative Citizen In The Administrative State: A Case Study Of The Federal Communications Commission, Peter M. Shane

University of Miami Law Review

No abstract provided.

Hard Look Review, Policy Change, And Fox Television, Ronald M. Levin

University of Miami Law Review

No abstract provided.

Breaking The Silence: A Challenge To Executive Use Of The State Secrets Privilege To Dismiss Claims Of Cia Torture In Mohamed V. Jeppesen Dataplan, Inc., Erin E. Bohannon

University of Miami Law Review

No abstract provided.

Jones V. Harris Associates L.P.: The Search For Investor Protection Continues ..., Ryan Bollman, Mark Andreu

University of Miami Law Review

No abstract provided.

Beyond Friending: Buddypress And The Social, Networked, Open-Source Classroom, Matthew K. Gold

Publications and Research

Classrooms have always been networks, of a sort, with professors and students forming an interlaced series of nodes that take shape over the course of a semester, but tools like BuddyPress and WordPress can make those networks more open, more porous, and more varied. In very useful ways, the classroom-as-social-network can help create engaging spaces for learning in which students are more connected to one another, to their professors, and to the wider world.

Securitizing Gender: Identity, Biometrics, And Transgender Bodies At The Airport, Paisley Currah, Tara Mulqueen

Publications and Research

It is widely assumed that the more information surveillance apparatuses can collect about an individual, the less risk she poses. In this article, we examine how gender figures into and potentially disrupts the link between identity and security. Our analysis centers on one very particular event: the confusion that erupts at the airport when US Transportation Security Administration agents perceive a conflict between the gender marked on one's papers, the image of one's body produced by a machine, and/or an individual's perceived gender presentation. Gender has been so deeply naturalized—as immutable, as easily apprehended, and as existing before and outside …

The C.R.E.A.T.E. Approach To Primary Literature Shifts Undergraduates’ Self-Assessed Ability To Read And Analyze Journal Articles, Attitudes About Science, And Epistemological Beliefs, Sally G. Hoskins, David Lopatto, Leslie M. Stevens

Publications and Research

The C.R.E.A.T.E. (Consider,Read, Elucidate hypotheses, Analyze and interpret data, Think of the next Experiment)method uses intensive analysis of primary literature in the undergraduate classroom to demystify and humanize science. We have reported previously that the method improves students’ critical thinking and content integration abilities, while at the same time enhancing their self-reported understanding of “who does science, and why.” We report here the results of an assessment that addressed C.R.E.A.T.E. students’ attitudes about the nature of science, beliefs about learning, and confidence in their ability to read, analyze, and explain research articles. Using a Likert-style survey administered pre- and postcourse, …

Designing Surveillance Law, Patricia L. Bellia

Journal Articles

As communications surveillance techniques become increasingly important in government efforts to detect and thwart criminal and terrorist activities, questions of how to reconcile privacy and law enforcement interests take on paramount importance. These questions have institutional as well as substantive dimensions. That is, the issue is not simply what the limits on communications surveillance should be, but who should set them — courts through application of the Fourth Amendment or legislatures through statutes and the oversight process? The scholarly literature offers divergent positive and normative perspectives on these questions.
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Putting Cost-Benefit Analysis In Its Place: Rethinking Regulatory Review, Susan Rose-Ackerman

University of Miami Law Review

No abstract provided.

Can The Obama Administration Renew American Regulatory Policy?, Edward Rubin

University of Miami Law Review

No abstract provided.

Transparency, Accountability, And Competency: An Essay On The Obama Administration, Google Government, And The Difficulties Of Securing Effective Governance, Ronald J. Krotoszynski Jr.

University of Miami Law Review

No abstract provided.

The Private Performing The Public: Delimiting Delegations To Private Parties, Harold J. Krent

University of Miami Law Review

No abstract provided.

Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett

Journal Articles

Justice William Brennan rightfully reminded all of us that state constitutional law is too often neglected in our courtrooms and our classrooms. State constitutions, to borrow from the late Chief Justice William Rehnquist, ought not to be "relegated to the status of a poor relation" in our constitutional legal structure. They differ in important ways from the federal law Constitution-and those differences provide the space within which our democratic experiment flourishes. And I am sure if Justice Brennan were here with us today, he would agree that we also should not neglect the study of the state and local policies …

Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig

Journal Articles

To whom do spouses belong? Do they belong to their communities as well as each other and their immediate families? These questions are explored in an empirical paper demonstrating ways in which social capital in communities may affect even the marriages of people living in them.

Equality And Differences, John M. Finnis

Journal Articles

This revised and annotated version of the H.L.A. Hart Memorial lecture in the University of Oxford in June 2011 has some significant differences in coverage from the essay of the same title published in the American Journal of Jurisprudence 56 (2011) 17-44, including a brief discussion of Waldron’s treatment of basic equality and Cohen’s “luck-egalitarianism”. The object of the lecture is to establish the grounds of basic human equality, and to indicate how neglect of non-basic inequalities and of preconditions for sustainable common good tends to ensure that legal measures promoting equality rights and condemning ‘discrimination’ yield serious injustices (violations …

Foreward: Erie's Gift, Jay Tidmarsh

Journal Articles

Sometimes described as "one of the modem cornerstones of our federalism," Erie stands at its narrowest for a simple proposition: When a federal court decides a claim whose source is state law, the court must apply the same substantive common-law rules that a state court would apply to the claim. Dictated by statute, by policy, and by the Constitution, this result seems "superbly right" to many. Indeed, Erie's narrow holding is not controversial today.

Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson

Journal Articles

Prepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s proposal to permit opt-out rights when remedies and “divisible,” but not to permit them when remedies are “indivisible.” Starting from the ground up, the paper employs economic analysis to determine what the optimal size of a class action should be. We demonstrate that, in some circumstances, the optimal size of a class is a class composed of all victims, while in other cases, the optimal size is smaller. We further argue that courts should consider optimal class size in determining whether to certify a class, …

Localism And Capital Punishment, Stephen F. Smith

Journal Articles

Professor Adam Gershowitz presents an interesting proposal to transfer from localities to states the power to enforce the death penalty. In his view, state-level enforcement would result in a more rationally applied death penalty because states would be much more likely to make capital charging decisions based on desert, without the distorting influence of the severe resource constraints applicable to all but the wealthiest of localities. As well conceived as Professor Gershowitz’s proposal is, however, I remain skeptical that statewide enforcement of the death penalty would be preferable to continued local enforcement. First, Professor Gershowitz underestimates the benefits of localism …

Development Of Risk Uncertainty Factors From Historical Nasa Projects, Tahani R. Amer

EMSE Doctoral Projects

NASA is a good investment of federal funds and strives to provide the best value to the nation. NASA has consistently budgeted to unrealistic cost estimates, which are evident in the cost growth in many of its programs. In this investigation, NASA has been using available uncertainty factors from the Aerospace Corporation, Air Force, and Booz Allen Hamilton to develop projects' risk posture. NASA has no insight into the developmental of these factors and, as demonstrated here, this can lead to unrealistic risks in many NASA Programs and projects (P/p). The primary contribution of this project is the development of …

Genetic Analysis Of Cortical Thickness And Fractional Anisotropy Of Water Diffusion In The Brain, Peter Kochunov, David C. Glahn, Thomas E. Nichols, Anderson M. Winkler, Elliot L. Hong, Joanne E. Curran, Rene L. Olvera, Matthew P. Johnson, Shelley A. Cole, John Blangero

School of Medicine Publications

Objectives: The thickness of the brain’s cortical gray matter (GM) and the fractional anisotropy (FA) of the cerebral white matter (WM) each follow an inverted U-shape trajectory with age. The two measures are positively correlated and may be modulated by common biological mechanisms. We employed four types of genetic analyses to localize individual genes acting pleiotropically upon these phenotypes.

Methods: Whole-brain and regional GM thickness and FA values were measured from high-resolution anatomical and diffusion tensor MR images collected from 712, Mexican American participants (438 females, age = 47.9 ± 13.2 years) recruited from 73 (9.7 ± 9.3 individuals/family) large …

The Impact Of Infectious Disease On Chronic Disease: A Review Of Contemporary Findings, Wendy Berke

Journal of Social, Behavioral, and Health Sciences

Infectious diseases are among the top causes of death in adults and children. Chronic diseases such as cardiovascular disease and cancer are among the top causes of death in adults. Associations between bacterial and viral infectious agents and subsequent development of chronic disease have been made in the past but are currently being reexamined with more rigor and specificity. This review examines infectious disease agent causes and associations with cancer, cardiovascular disease, metabolic disease, and neurodegenerative disease. These associations will impact future research, surveillance, treatment, and prevention of both infectious and chronic diseases.

Generational Shift And Drug Abuse In Older Americans, John B. White, David F. Duncan, Thomas Nicholson, Dana Bradley, John Bonaguro

Journal of Social, Behavioral, and Health Sciences

Since the problem of substance abuse by older adults began to receive serious professional attention, the focus has been almost exclusively on alcohol abuse. This reality is changing as the “baby boomers” age. We examined data from the National Household Survey on Drug Abuse (1985) and the National Survey on Drug Use and Health (2006) comparing nationwide prevalence of both legal and illicit drugs. Use of drugs by category varied over the study period; some showed little change (e.g., alcohol) while others showed marked increase (e.g., marijuana, cocaine). We found that the population of older Americans in 2006 contained greater …

Stimulating School Reform: The American Recovery And Reinvestment Act And The Shifting Federal Role In Education, Benjamin Michael Superfine

Missouri Law Review

The American Recovery and Reinvestment Act (ARRA), aimed at stimulating and stabilizing the American economy during the worst financial crisis since the Great Depression, reflects significant new dimensions of federal action in the area of educational reform. In addition to saving jobs in the educator workforce, the ARRA was designed to spark the implementation of specific reform strategies in states and schools and lay a foundation for the Obama administration's subsequent educational reform efforts, including the impending reauthorization of the No Child Left Behind Act of 2001. While the goals of the educational reform provisions of the ARRA are laudable, …

Eeoc Reinforces Broad Interpretation Of Adaaa Disability Qualification: But What Does Substantially Limits Mean, Carol J. Miller

Missouri Law Review

Part I of this Article recognizes the difficulty in calculating how many workers are disabled. Such difficulties have been used by the courts to justify differing interpretations of what constitutes a disability. This Part also discusses the origin of the ADA and provides a brief overview of the 2008 ADAAA. Part I of the Article examines the United States Supreme Court's interpretations that narrowed the construction of what is a "substantial limitation" and what is an ADA disability. This Part highlights the lack of consensus between the courts, Congress, and the EEOC, as well as the courts' apparent disregard of …

Walking Out On The Check: How Missouri Abandoned Its Public Defenders And Left The Poor To Foot The Bill, Chris Dandurand

Missouri Law Review

This Note looks at the Pratte decision, which arose primarily from the MSPD's most recent effort to cope with its drastically insufficient level of funding. In Missouri, as in many other states, the funding crisis has manifested itself in the form of extremely high caseloads for public defender offices. Straining to prevent a system-wide collapse, the Missouri Public Defender Commission (Commission) enacted regulations that gave each district office of the public defender the power to manage its caseload. These regulations effectively gave each district office the discretion to deny representation to indigent defendants who were otherwise entitled to counsel under …

In A Class Of Their Own: The Eighth Circuit Upholds A Credit Card Agreement's Class Action Waiver And Mandatory Arbitration Clause, Lucinda Housley Luetkemeyer

Missouri Law Review

The United States Court of Appeals for the Eighth Circuit recently joined the cadre of courts to uphold class action waivers in arbitration agreements. In Cicle v. Chase Bank USA, the court held that a Missouri woman's putative class action suit against a credit card company was barred due to theclass action waiver in her card agreement's arbitration clause. The Eighth Circuit reversed a sharply worded federal district court order and rejected the plaintiff s contention that the class action waiver was a "de facto immunity provision[]" for the credit card company which would leave her and other similarly situation …

Giving A Voice To The Inanimate: The Right Of A Corporation To Political Free Speech, Alex Osterlind

Missouri Law Review

This Note examines the concept of corporate personhood and whether the state-created corporate entity is contemplated by the First Amendment. To discuss this controversy in relation to federal election laws constraining corporate financing, this Note first explains the particulars giving rise to the Citizens United case. Next, this Note examines the legislative and judicial treatment of corporate financing laws in regard to elections. Building upon this milieu, this Note presents the viewpoints of both those opposed to unrestricted corporate political speech as well as those championing a broad interpretation of the First Amendment that encompasses the corporate entity. Finally, this …

Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch

Missouri Law Review

In 2009, the U.S. Court of Appeals for the Eighth Circuit held that the Minnesota offense of fleeing a peace officer in a motor vehicle is not a "crime of violence" for the purposes of the Federal Sentencing Guidelines. Under the Federal Sentencing Guidelines (Sentencing Guidelines), a crime of violence is defined as any state or federal offense "punishable by imprisonment for a term exceeding one year" that involves the use of physical force against another person or that "is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential …

An Analysis Of E-Commerce Sales Patterns In Rural Small Business, Timothy W. Langemo

Theses and Dissertations

No abstract provided.

An Approach To The Synthesis Of Plakortethers A-E, Duminda Shiromalee Liyanage

Theses and Dissertations

No abstract provided.