Digital Commons Network^™

Securities Law In The Roberts Court: Agenda Or Indifference?, Adam C. Pritchard

Articles

To outsiders, securities law is not all that interesting. The body of the law consists of an interconnecting web of statutes and regulations that fit together in ways that are decidedly counter-intuitive. Securities law rivals tax law in its reputation for complexity and dreariness. Worse yet, the subject regulated-capital markets-can be mystifying to those uninitiated in modem finance. Moreover, those markets rapidly evolve, continually increasing their complexity. If you do not understand how the financial markets work, it is hard to understand how securities law affects those markets.

Free Rider: A Justification For Mandatory Medical Insurance Under Health Care Reform?, Douglas A. Kahn, Jeffrey H. Kahn

Articles

Section 1501 of the Patient Protection and Affordable Care Act added section 5000A to the Internal Revenue Code to require most individuals in the United States, beginning in the year 2014, to purchase an established minimum level of medical insurance. This requirement, which is enforced by a penalty imposed on those who fail to comply, is sometimes referred to as the “individual mandate.” The individual mandate is one element of a vast change to the provision of medical care that Congress implemented in 2010. The individual mandate has proved to be controversial and has been the subject of a number …

Slavery And The Law In Atlantic Perspective: Jurisdiction, Jurisprudence, And Justice, Rebecca J. Scott

Articles

The four articles in this special issue experiment with an innovative set of questions and a variety of methods in order to push the analysis of slavery and the law into new territory. Their scope is broadly Atlantic, encompassing Suriname and Saint-Domingue/Haiti, New York and New Orleans, port cities and coffee plantations. Each essay deals with named individuals in complex circumstances, conveying their predicaments as fine-grained microhistories rather than as shocking anecdotes. Each author, moreover, demonstrates that the moments when law engaged slavery not only reflected but also influenced larger dynamics of sovereignty and jurisprudence.

Citizens United And The Corporate Form, Reuven S. Avi-Yonah

Articles

In Citizens United vs. FEC, the Supreme Court struck down a Federal statute banning direct corporate expenditures on political campaigns. The decision has been widely criticized and praised as a matter of First Amendment law. But it is also interesting as another step in the evolution of our legal views of the corporation. This article argues that by viewing Citizens United through the prism of theories about the corporate form, it is possible to see that the majority and the dissent departed from previous Supreme Court jurisprudence on the First Amendment rights of corporations. It is also possible to then …

Exclusion From Income Of Compensation For Services And Pooling Of Labor Occurring In A Noncommercial Setting, Douglas A. Kahn

Articles

When cash is received for services, it typically will constitute gross income to the recipient.' But what if the payments are made in a noncommercial setting such as the payment by a parent to a child for mowing the lawn or performing household chores? As discussed later in this Essay, there are reasons to conclude that such payments do not constitute income. The problem of how to treat receipts from a noncommercial activity frequently arises in the context of an exchange of services. A similar problem arises when services are provided by several persons pursuant to a pooling of labor …

Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson

Articles

This Foreword is meant as an initial foray into the question of what agencies should do with mass public comments, particularly on broad questions of policy. Part I discusses the extent to which congressional control, presidential control, and agency procedures themselves can ensure that agency decisions are democratically responsive. In view of shortcomings in both congressional and presidential control, I underscore the need to focus closely on rulemaking procedures as a source of democratic responsiveness. The possibility that agencies may be systematically discounting certain public submissions raises difficulties, and I present some examples. Part II makes a preliminary case that …

The Illusory Right To Counsel, Eve Brensike Primus

Articles

Imagine a woman wrongly accused of murdering her fiance. She is arrested and charged with first-degree murder. If convicted, she faces a mandatory sentence of life without the possibility of parole. Her family scrapes together enough money to hire two attorneys to represent her at trial. There is no physical evidence connecting her to the murder, but the prosecution builds its case on circumstantial inferences. Her trial attorneys admit that they were so cocky and confident that she would be acquitted that they did not bother to investigate her case or file a single pre-trial motion. Rather, they waived the …

Hanging On By A Thread: The Exclusionary Rule (Or What's Left Of It) Lives For Another Day, David A. Moran

Articles

Back when there was a Soviet Union, foreign intelligence officers would anxiously await the May Day parade in Moscow to see who would be standing next to the chairman of the Communist Party and who would be missing from the reviewing platform altogether. Since the Soviet government and the statecontrolled press published very little about what was really going on in the halls of state power, this was considered the most reliable way to determine who was in or out of favor and, by extension, how the domestic and foreign policies of the world's second most powerful country were likely …

Behavior Constrains The Dispersal Of Long-Lived Spiny Lobster Larvae, Mark J. Butler Iv, Claire B. Paris, Jason S. Goldstein, Hirokazu Matsuda, Robert K. Cowen

Biological Sciences Faculty Publications

Behavior such as ontogenetic vertical migration (OVM) limits the transport of marine larvae with short pelagic larval durations (PLDs), but its effect on the supposed long-distance dispersal of larvae with long PLDs is unknown. We conducted laboratory tests of ontogenetic change in larval phototaxis and examined size-specific patterns of larval distribution in the plankton to characterize OVM in the Caribbean spiny lobster Panulirus argus during its long (6 mo) PLD. We then used a coupled biophysical model to explore the consequences of OVM and hydrodynamics on larval P. argus dispersal in the Caribbean Sea. Larvae reared in the laboratory were …

Disease Effects On Lobster Fisheries, Ecology, And Culture: Overview Of Dao Special 6, Donald C. Behringer, Mark J. Butler Iv, Grant D. Stentiford

Biological Sciences Faculty Publications

Lobsters are prized by commercial and recreational fishermen worldwide, and their populations are therefore buffeted by fishery practices. But lobsters also remain integral members of their benthic communities where predator-prey relationships, competitive interactions, and host-pathogen dynamics push and pull at their population dynamics. Although lobsters have few reported pathogens and parasites relative to other decapod crustaceans, the rise of diseases with consequences for lobster fisheries and aquaculture has spotlighted the importance of disease for lobster biology, population dynamics and ecology. Researchers, managers, and fishers thus increasingly recognize the need to understand lobster pathogens and parasites so they can be managed …

Conservation Status Of Marine Biodiversity In Oceania: An Analysis Of Marine Species On The Iucn Red List Of Threatened Species, Beth A. Polidoro, Cristiane T. Elfes, Jonnell C. Sanciangco, Helen Pippard, Kent E. Carpenter

Biological Sciences Faculty Publications

Given the economic and cultural dependence on the marine environment in Oceania and a rapidly expanding human population, many marine species populations are in decline and may be vulnerable to extinction from a number of local and regional threats. IUCN Red List assessments, a widely used system for quantifying threats to species and assessing species extinction risk, have been completed for 1190 marine species in Oceania to date, including all known species of corals, mangroves, seagrasses, sea snakes, marine mammals, sea birds, sea turtles, sharks, and rays present in Oceania, plus all species in five important perciformfish groups. Many of …

Decoupling Of Standard Implementation From Certification: Does Quality Of Iso 14001 Implementation Affect Facilities’ Environmental Performance?, Deepa Aravind, Petra Christmann

Publications and Research

The literature on certifiable management standards has not paid sufficient attention to implementation of standard requirements in certified firms. Firms that obtain standard certification to achieve the legitimacy benefits of certification may not implement standard requirements sufficiently to realize the standard’s intended performance outcomes. We argue that such decoupling of implementation from certification threatens the effectiveness of certifiable standards as governance mechanisms for firms’ environmental conduct because standard certification may not accurately signal firms’ superior environmental performance to external stakeholders. Empirical findings based on the ISO 14001 standard at the facility level support this view: Quality of standard implementation affects …

Monte Carlo Comparison Of Back-Propagation, Conjugate-Gradient, And Finite-Difference Training Algorithms For Multilayer Perceptrons, Stephen Wehry

Theses

Monte Carlo Simulation is used to compare the performance of the Back-Propagation, Conjugate-Gradient, and Finite-Difference algorithms when training simple Multilayer Perceptron networks to solve pattern recognition and bit counting problems. Twelve individual simulations will be run for each training algorithm-test problem combination, resulting in an overall total of 72 simulations. The random elements in each Monte Carlo simulation are to be the individual synaptic weights between layers, which will be uniformly distributed. Two other factors, the size of the hidden layer and the exponent of the error function, will also be tested within the simulation plan outlined above.

Improving The Characterization Of Initial Condition For Ensemble Streamflow Prediction Using Data Assimilation, Caleb Matthew Dechant, Hamid Moradkhani

Civil and Environmental Engineering Faculty Publications and Presentations

Within the National Weather Service River Forecast System, water supply forecasting is performed through Ensemble Streamflow Prediction (ESP). ESP relies both on the estimation of initial conditions and historically resampled forcing data to produce seasonal volumetric forecasts. In the western US, the accuracy of initial condition estimation is particularly important due to the large quantities of water stored in mountain snowpack. In order to improve the estimation of snow quantities, this study explores the use of ensemble data assimilation. Rather than relying entirely on the model to create single deterministic initial snow water storage, as currently implemented in operational forecasting, …

The Taxation Of A Gift Or Inheritance From An Employer., Douglas A. Kahn

Articles

The focus of this article is to examine the following questions: 1. whether, despite its unrestricted language, section 102(c) does not apply to some gratuitous transfers to an employee; 2. if so, what are the exceptions to section 102(c); and 3. when section 102(c) does not apply to a transfer, whether it will be excluded from income. Part II of this article examines the conditions under which a gratuitous transfer to an employee will be excluded from income under the Duberstein standard and under the normal tax treatment of testamentary transfers -- in other words, how the section 102(a) gift …

Patent Costs And Unlicensed Use Of Patented Inventions, Rebecca S. Eisenberg

Articles

Recent commentators have observed, and sometimes lamented, significant gaps between the formal reach of the patent system and the practical exclusionary effect of patent law. It is costly for technology developers to obtain and assert patents, for technology users to identify the patents they might be infringing and to clear rights, and for the Patent and Trademark Office (PTO) to find patent-defeating prior art. The costs of the patent system provide shelter for infringing behavior that might otherwise lead to either licensing or liability, perhaps mitigating excesses in the patent system while retaining strong rights that motivated owners may enforce. …

Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth

Articles

In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their intellectual methods and believe that those methods are designed to analyze questions and reach the correct conclusions by means of reason, free from cognitive or emotional biases. Of course, both law and science often fall short of this ideal at all levels, from the decisions about individual legal cases or scientific studies to the acceptance of general theories. In many ways, the biases that mislead legal and scientific thinkers are …

Analysis Of The Effects Of 12 Months Accelerated Aging Testing, Obtained At Two Equivalent Aging Programs, On A Medical Grade Proprietary Chevron Pouch, Laurie Carletta Kruczynski

Theses

The Food and Drug Administration requires that all sterile medical devices be tested and documented for a labeled shelflife. This thesis analyzed the effects of 12 months of accelerated aging testing, obtained at two equivalent aging programs, on a medical-grade chevron pouch constructed from a proprietary BOPET/PE film sealed to 1073B uncoated Tyvek®. The equivalent of 12 of months accelerated aging was obtained at 55°C and 70°C, and samples were also evaluated pre-aging to serve as a baseline for comparison. The aging model was based upon ASTM F-1980, "Standard Guide For Accelerated Aging of Sterile Barrier Systems for Medical Devices" …

Anger And Compassion On The Picket Line: Ethnography And Emotion In The Study Of Westboro Baptist Church, Rebecca Barrett-Fox

Journal of Hate Studies

Feminist ethnographic methods stress the role of empathy for research subjects and researchers’ willingness for their work to be useful to their subjects. When the research subjects are “unloved groups,” though—people whose actions or beliefs are hateful or harmful—some ethnographers argue that such empathy and empowerment is misplaced or leads to uncritical scholarship. In this reflection on the author’s ethnographic study of Westboro Baptist Church, a small Kansas-based congregation infamous for preaching its anti-gay theology at funerals, including the funerals of fallen servicemen and -women, she questions the usefulness of denying an emotional connection with “hatemongers.” Instead, she argues for …

Habits Of Hate: A Pragmatist Analysis Of Habits Of Racism And Nativism, Terrence Macmullan

Journal of Hate Studies

There are many different ways of recognizing, describing, and combating racism. This essay extends my previously published research on the topic of whiteness and habit to advance the argument that A) racism (by which I mean primarily white supremacist racism directed against people of color) still exists as a corrosive impediment to the realization of a truly fair and democratic American community, and B) it is best understood as a network of flexible, persistent, yet correctable habits. The primary value of seeing racism in America as being a problem of bad habits rather than as conscious actions or attitudes is …

Introduction, John Shuford

Journal of Hate Studies

On behalf of the Gonzaga University Institute for Hate Studies and the Journal of Hate Studies, it is our pleasure to offer Volume 9 of the Journal. Herein readers will find a collection of eleven articles, a special interview with a recent Nobel Peace Prize nominee, and a remembrance of a woman whose life and work helped inspire the field of Hate Studies.

The present volume includes selected proceedings from the Second International Conference on Hate Studies, which took place April 6-9, 2011 in Spokane, Washington. These articles exemplify the conference’s theme of “Interdisciplinary Approaches to Understanding the Nature of …

Policing Hatred: A Case Study Of An English Police Force, Jordan Blair Woods

Journal of Hate Studies

This article makes an important contribution to the field of hate studies by advancing the understanding of hate crime policing in the United Kingdom. The article presents an ethnographic case study on hate crime policing within a small-city police station in England. The study focused primarily on the police station’s Community Cohesion Unit (CCU), which was responsible for supporting hate crime informants, and for monitoring and assisting police officers handling hate incidents and hate crimes. The case study is mostly descriptive and exploratory in nature. Its primary objective is to provide needed insight into the inner workings of a police …

Taking A Stand: The Role Of The Early Childhood Teacher In Educating Against Homophobia, Tamar Ascher Shai

Journal of Hate Studies

This article focuses on early childhood educators’ readiness to address controversial issues in the classroom related to gender and sexual identity in young children, with a special focus on homosexuality and homophobia. The terms gender, sexual identity, sexual orientation, homosexuality, and homophobia are defined in relation to the part they play in the lives of young children and their families. The role of early childhood teachers and consequently the roles played by individuals who train teachers (teacher trainers) are also presented for discussion.

Applied Anthropology And Anti-Hate Activism, Jennifer Schlegel

Journal of Hate Studies

This paper examines my journey from activist, to educator, to researcher, and back, and the implications the journey has for developing effective anti-hate collaborations and educational practices. After being notified that my name and contact information had been posted on a white supremacist’s website, I re-considered my role as an anti-hate activist and turned to teaching. Combining my activist experience with my anthropology background, I developed a course, “Hate Across Cultures.” Using multi-disciplinary academic resources and featuring guest lectures from representatives of various government agencies, this class provides a space for students to learn and talk about the origins of …

Arizona’S Senate Bill 1070: Targeting The Other1 And Generating Discourses And Practices Of Discrimination And Hate, William Arrocha

Journal of Hate Studies

The state of Arizona, through its Senate Bill 1070, has made legal the practice of profiling as one of the key tools to regulate migration and differentiate those who are presumed to be residing in the state without legal documents. The state is encouraging xenophobia and empowering the groups with a strong anti-immigrant sentiment to become directly involved in the monitoring of such practice. History has shown us that when the state and large sectors of civil society exclude the “other” and criminalize his/her presence, hate toward the “other” is the most common result. The consequences of such a dynamic …

The Community Security Trust – Best Practice In Combating Antisemitic Hate, Michael Whine

Journal of Hate Studies

The author describes antisemitic activity in post WWII Britain and the Jewish community’s response. as well as legal and political developments in the realm of antisemitism. The author recounts how the Community Security Organisation, which in 1994 became the Community Security Trust (CST), was established in an effort to address security issues being confronted by the Jewish community in Britain. The author details the structure of the CST and lays out its goals and methods. The organization’s activities, which are offered free of charge to the entire community, include providing suggestions and training to community groups and individuals regarding security …

Socialization And Hate: Can Higher Education Make A Difference?, Jo Ann Jankoski

Journal of Hate Studies

What happens to students when their “Cycle of Socialization” clashes with their academic discipline and higher education? This qualitative participant observational study is grounded in the Hate Model and its intersection with the Cycle of Socialization as it clashes with social justice in higher education.

Genocidal Religion, Steven Leonard Jacobs

Journal of Hate Studies

There is no more egregious hateful behavior than that of genocide. There is no more uncomfortable thought than that of religion as a participating factor in the perpetration of genocide, though religious studies scholars come late to any discussion of genocide. This paper, an initial foray into a much longer and more in-depth book-length project, and whose author is desirous of collegial feedback ([email protected]), is a preliminary conversation addressing four precipitating factors: (1) tribalism, (2) religious exclusivism, (3) privileged access to the divine, and (4) a particularistic and parochial reading of sacred texts. It will also attempt, by way of …

Academic Libraries In Nigeria In The 21st Century, Bappah Magaji Abubakar

Library Philosophy and Practice (e-journal)

Academic libraries in Nigeria must meet the demands the 21st century. The world is witnessing a revolution as a result of developments in ICTs that has permeated all sectors. This paper discusses the paradigm shift in academic library services. It also analyzes academic libraries situation in Nigeria within the context of inadequate funding. If academic libraries in Nigeria are to measure up to expectations in the 21st century, they must develop coping strategies to overcome some of the major challenges.

Icts And Information Needs Of Rural Female Farmers In Delta State, Nigeria, Edwin I. Achugbue, Sylvester O. Anie

Library Philosophy and Practice (e-journal)

Female farmers in Delta State play an important role in crop production, poultry farming, and socioeconomic development of the communities. This research work investigates ICTs and information needs of rural female farmers in Delta State, Nigeria. It also ascertains the level of their ICT-compliance in the management of agricultural information for increased productivity. The paper uses descriptive survey method to determine the information needs of rural female farmers and the impact of ICTs on rural female farmers. It was discovered that female farmers in Delta State, Nigeria, are very keen to know more about treatments of animals, application of fertilizers, …