Digital Commons Network^™

The Four Pillars Of Constitutional Doctrine, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial. Judges, scholars, lawyers, politicians, and the American public all disagree among themselves, not only about the correct constitutional outcome but even about the right approach to constitutional interpretation. We are unlikely to reach consensus on whether we should read the Constitution as a living and evolving document or instead read it in accordance with a fixed original meaning, much less on whether it does or does not protect campaign contributions, reproductive rights, affirmative action policies, gun ownership, or any of the other contested issues that have recently come before the Supreme …

Economics, Behavioral Biology, And Law, Owen D. Jones, Erin O'Hara O'Connor, Jeffrey Evans Stake

Vanderbilt Law School Faculty Publications

The article first compares economics and behavioral biology, examining the assumptions, core concepts, methodological tenets, and emphases of the two fields. Building on this, the article then compares the applied interdisciplinary fields of law and economics, on one hand, with law and behavioral biology, on the other - highlighting not only the most important similarities, but also the most important differences.

The article subsequently explores ways that biological perspectives on human behavior may prove useful, by improving economic models and the behavioral insights they generate. The article concludes that although there are important differences between the two fields, the overlaps …

A Study Of Positive Emotions And Turnover Intentions Among Hong Kong Police Officers : The Mediating Role Of Psychological Capital And Work Well-Being, Chun Lok Lui

Lingnan Theses

With reference to Fredrickson‘s (2001) broaden-and-build theory of positive emotions, the current study investigated the mechanism of how positive emotions contribute to desirable outcomes to the organization through psychological capital (PsyCap), which is a positive, state-like, and performance-related resource comprising self-efficacy, hope, optimism and resilience. To date, only few studies have been done particularly on the relationships between PsyCap and positive emotions among Chinese employees. Studies on PsyCap of police force are even rarer. The main purpose of this study was to investigate the underlying mechanism relating positive emotions and work outcomes, specifically to examine the separate roles of positive …

Spousal Abuse And Social Workers : When Private Sphere Goes Public, King Fan, Veronica Shek

Lingnan Theses

This study uses the concept of public and private spheres to analyze how Hong Kong‘s social workers manage spousal abuse cases. Victims of spousal abuse in Hong Kong generally see their experiences as "family shame‖" something that belongs to the private domain - and are therefore reluctant to disclose them to third parties. However, there is a public conviction that social workers are appropriate agents to handle spousal abuses. This study examines the roles and responsibilities of social workers and their service recipients in spousal abuse cases. The analysis is based on eleven semi-structured, in-depth interviews conducted with social workers …

Smoking Restrictions In Bars And Bartender Smoking In The Us, Christopher (Kitt) Carpenter, Marianne P. Bitler, Madeline Zavodny

Vanderbilt Law School Faculty Publications

Objective The present work is an analysis of whether adoption of state clean indoor air laws (SCIALs) covering bars reduces the proportion of bartenders who smoke primarily by reducing smoking among people already employed as bartenders when restrictions are adopted or by changing the composition of the bartender workforce with respect to smoking behaviours.

Methods Logistic regressions were estimated for a variety of smoking outcomes, controlling for individual demographic characteristics, state economic characteristics, and state, year, and month fixed effects, using data on 1380 bartenders from the 1992–2007 Tobacco Use Supplement to the Current Population Survey combined with data on …

Symposium Epilog: Foreign Sovereign Immunity At Home And Abroad, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

If the international law of immunity once purported to make foreign states, their rulers, their officials, and their boats all identical in some sense--the sovereign equality of states--today immunity distinguishes and differentiates between the state's commercial and private features, its tortious and non-tortious conduct committed in the forum state, and sometimes even the torture, war crimes, and acts of terrorism carried out in its name. Of course, sovereign equality has diminished in general as human rights have grown, but even as nation-states accept treaty-based obligations toward their own citizens, they refuse to make themselves explicitly accountable in the national courts …

Survey Mode Effects On Valuation Of Environmental Goods, W. Kip Viscusi, Jason Bell, Joel Huber

Vanderbilt Law School Faculty Publications

This article evaluates the effect of the choice of survey recruitment mode on the value of water quality in lakes, rivers, and streams. Four different modes are compared: bringing respondents to one central location after phone recruitment, mall intercepts in two states, national phone-mail survey, and an Internet survey with a national, probability-based sample. The modes differ in terms of the representativeness of the samples, non-response rates, sample selection effects, and consistency of responses. The article also shows that the estimated benefit value can differ substantially depending on the survey mode. The national Internet panel has the most desirable properties …

Regulation In The Behavioral Era, Lisa Schultz Bressman, Michael P. Vandenbergh, Amanda R. Carrico

Vanderbilt Law School Faculty Publications

Administrative agencies have long proceeded on the assumption that individuals respond to regulations in ways that are consistent with traditional rational actor theory, but that is beginning to change. Agencies are now relying on behavioral economics to develop regulations that account for responses that depart from common sense and common wisdom, reflecting predictable cognitive anomalies. Furthermore, political officials have now called for behavioral economics to play an explicit role in White House review of agency regulations. This is a significant development for the regulatory process, yet our understanding of how behavioral insights should alter regulatory analysis is incomplete. To account …

Criminal Procedure: Confessions, Searches, And Seizures, James Taylor Wells, Michael E. Keasler

SMU Law Review

No abstract provided.

Oil, Gas And Mineral Law, Richard F. Brown

SMU Law Review

No abstract provided.

Some Hypotheses About Empirical Desert, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Paul Robinson has written a series of articles advocating the view that empirical desert should govern development of criminal law doctrine. The central contention of empirical desert is that adherence to societal views of justice“ defined in terms of moral blameworthiness will not only satisfy retributive urges, but will also often be as efficacious at controlling crime as a system that revolves around other utilitarian purposes of punishment. Constructing criminal laws that implement empirical desert has the latter effect, Robinson argues, because it enhances the moral credibility of the law, thus minimizing citizens desire to engage in vigilantism and other …

Working With Dan Schuman: A Remembrance, Anthony Champagne

SMU Law Review

No abstract provided.

Democracy's Distrust: Contested Values And The Decline Of Expertise, Suzanna Sherry

Vanderbilt Law School Faculty Publications

This response to Professor Dan Kahan’s recent Harvard Foreword, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, argues that while Kahan accurately describes the contemporary “neutrality crisis” and the consequent popular mistrust of the Supreme Court, he has mistaken its cause and thus proposes the wrong solution. Kahan attributes the crisis to “motivated cognition,” and asks judges to adopt techniques that rely on and foster an underlying popular agreement about cultural values. This response essay instead acknowledges the existence and inevitability of contested values in our constitutional democracy. The essay contends that the real causes of the neutrality …

Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry

Vanderbilt Law School Faculty Publications

This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude Rains’s memorable line in Casablanca: “Round up the usual suspects.” Two things saved this symposium from that fate. First, each of the usual suspects was appointed defense counsel, which made things more interesting. Second, a new face found its way into the line-up: Erie Railroad v. Tompkins. My goal in this essay is to explain why Erie is in fact guiltier than all of the …

Rethinking Novelty In Patent Law, Sean B. Seymore

Vanderbilt Law School Faculty Publications

The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those in complex fields like biotechnology, chemistry, and pharmaceuticals. For example, if a drug company seeks to patent a promising molecule that was disclosed but never physically made in the prior art, the key possession question is whether a person having ordinary skill in the art (PHOSITA) could have made it at the time of the prior disclosure. Put differently, could the PHOSITA rely on then-existing knowledge …

Two-Photon Cross Section Enhancement Of Photochromic Compounds For Use In 3d Optical Data Storage, Gheorghe Luchita

Electronic Theses and Dissertations

Rewritable photochrome-based 3D optical data storage requires photochromic molecules with high two-photon absorption (2PA) cross sections. Currently, the low value of two-photon absorption cross sections of existing photochromes makes them unsuitable for practical application in 3D data storage. Worldwide attempts to increase the cross section of photochromic molecules by altering the chemical structure have yielded poor results. In this work, two ways to increase the two-photon absorption cross sections of photochromes were investigated. In the first method, partial success demonstrated by extending the conjugation of a photochromic molecule, a high two-photon absorption cross section of the closed form isomer and …

Effect Of Collaborative Planning For An Activity-Based Approach To Early Intervention For Children With Autism Spectrum Disorders Across School And Home Environments, Marisa J. Salazar

Electronic Theses and Dissertations

As the prevalence of autism spectrum disorders (ASD) continues to rise, families and educators are challenged with providing intensive, evidence-based practices in the least restrictive environment. Evidence exists for a variety of effective intervention approaches. Selection of appropriate interventions requires consideration of the individual needs of the child and family. An activity-based approach to early intervention combines strategies from a variety of evidence-based practices and allows for intensity of instruction through distributed opportunities for practice. Brief teaching interactions are elicited within the context of typical routines and activities throughout the day. Thus, intervention can be provided in inclusive classroom settings …

Addressing The Achievement Gap And Disproportionality Through The Use Of Culturally Responsive Teaching Practices, Angela Griner

Electronic Theses and Dissertations

Culturally responsive teaching practices in schools and classrooms have been shown to be an effective means of addressing the achievement gap, as well as the disproportionate representation of racially, culturally, ethnically, and linguistically diverse students in programs serving students with special needs. While there has been a recent influx in research discussing these issues, teachers and school staff lack clear examples and tools for best practices that will aid them in addressing the achievement gap and disproportionality effectively within their schools. Conducted in three phases, this research provides a framework for developing, implementing, and evaluating a culturally responsive tool for …

Self-Assembly And Photophysics Of Selected Organic Materials And Two-Photon Bioimaging With Profluorescent Nitroxides, Polyelectrolyte Nanoparticles, And Squaraine Probes, Hyo Yang Ahn

Electronic Theses and Dissertations

Two-photon absorption and upconverted fluorescence has been utilized in a variety of applications in pure science and engineering. Multiphoton-based techniques were used in this research in order to understand photophysical and chemical characteristics of several fluorescent dyes and to demonstrate some of their key applications. Two-photon fluorescence microscopy (2PFM) has become a powerful technique in bio-photonics for non-invasive imaging in the near-infrared (NIR) region (700~1000 nm) that often results in less photobleaching. In Chapter 1, there is a brief introduction to fluorescence, examples of fluorescence materials, and a discussion of the advantages of two-photon absorption. 2PFM imaging was utilized in …

Selling "Dream Insurance" : The Standardized Test-Preparation Industry's Search For Legitimacy, 1946-1989, Keegan Shepherd

Electronic Theses and Dissertations

This thesis analyzes the origins, growth, and legitimization of the standardized test preparation ("test-prep") industry from the late 1940s to the end of the 1980s. In particular, this thesis focuses on the development of Stanley H. Kaplan Education Centers, Ltd. ("Kaplan") and The Princeton Review ("TPR"), and how these companies were most conducive in making the test-prep industry and standardized test-preparation itself socially acceptable. The standardized test most frequently discussed in this thesis is the Scholastic Aptitude Test ("SAT"), especially after its development came under the control of Educational Testing Service ("ETS"), but due attention is also given to the …

Effects Of Deadline Conditions On Learners Of Different Procrastination Tendencies In An Online Course, Pin Wang

Electronic Theses and Dissertations

The purpose of this study was to investigate the effects of three deadline conditions (i.e., frequent-instructor-set-deadline condition, flexible-instructor-set-deadline condition, and self-imposed-deadline condition) on students of different academic procrastination levels (high, medium, and low) in terms of their perceived learning, academic performance, and course satisfaction in an online course. A 3 x 3 factorial quasi-experimental design was adopted for this study. One hundred and seventy three students from three classes of different majors voluntarily participated in the study with 50 students majoring in Agriculture, 61 in International Trading, and 62 in Food Manufacturing. The three classes were randomly assigned to three …

Role Of Membrane Lipids In Modulating Protein Structure & Function, Ray Supriyo

Electronic Theses and Dissertations

A-B family of toxins consists of plant toxins such as ricin and bacterial toxins such as cholera. The A subunit is the enzymatic domain and the B subunit is the receptor binding domain. Commonly, these toxins bind to the target cell plasma membrane receptors through their B subunit followed by endocytosis and a transport to the endoplasmic reticulum (ER). Inside the ER, the A subunit dissociates from the rest of the toxin, unfolds and triggers the ER quality control mechanism of ER-associated degradation (ERAD). Most ERAD substrates are purged out of the ER into the cytosol for proteasomal degradation. However, …

High Pressure And Micro-Spectroscopic Studies Of Single Living Erythrocytes And The Intraerythrocytic Multplication Cycle Of Plasmodium Falciparum, Silki Arora

Electronic Theses and Dissertations

A novel experimental approach for micro-absorption spectroscopy and high-pressure microscopy of single cells is developed and applied to the investigation of morphological, volume, and spectroscopic changes in healthy red blood cells (RBCs) and erythrocytes infected with the malaria parasite Plasmodium falciparum. Through real-time optical imaging of individual erythrocytes (size ~ 7[micrometer]) we determine the change in volume over the pressure range from 0.1 to 210 MPa. The lateral diameter of healthy RBCs decreases reversibly with pressure with an approximate slope of 0.015 [micrometer] / MPa. In infected cells, clear differences in the deformability and between the compression and decompression curves …

Hybrid Adult Neuron Culture Systems For Use In Pharmacological Testing, Darin Keay Edwards

Electronic Theses and Dissertations

Neuronal culture systems have many applications, such as basic research into neuronal structure, function, and connectivity as well as research into diseases, conditions, and injuries affecting the brain and its components. In vitro dissociated neuronal systems have typically been derived from embryonic brain tissue, most commonly from the hippocampus of E18 rats. This practice has been motivated by difficulties in supporting regeneration, functional recovery and long-term survival of adult neurons in vitro. The overall focus of this dissertation research was to develop a dissociated neuronal culture system from human and animal adult brain tissue, one more functionally and developmentally correlative …

Characterization Of The Nonlinear Refractive Index Of Carbon Disulfide Over An Extended Spectral And Temporal Range, Marcus Seidel

Electronic Theses and Dissertations

The intensity dependent refractive index change of a medium is frequently described in terms of the product n₂ · I where n₂ is the nonlinear refractive index and I the light intensity. The nonlinear refractive index is often treated as constant which is a reasonable assumption if the light interacts only with bound electrons. In the case of carbon disulfide (CS₂) however, nuclear motions contribute to n₂. These motions occur on the sub picosecond time scale and thus become especially relevant for ultrashort laser pulses. The neat liquid CS₂ is studied because it exhibits a large nonlinear refractive index in …

An Approach To Improve The Failure Rate Model Of A Solid State Laser By Utalizing The Physics Of Failure Methodology, Omar L. Thompson

Electronic Theses and Dissertations

The ability to predict the failure rate of any military laser is very critical. In-field laser usage does not support the troubleshooting and repairing of a complex electro optical system. The only published laser failure rate model was last updated by the Department of Defense in 1975. Consequently, the failure rate predicted is inaccurate due to model deficiencies. This dissertation has developed a laser failure rate model for diode pumped lasers with improved failure rate prediction accuracy. The model has surpassed the capabilities of the Department of Defense model by the inclusion of key performance attributes that are currently not …

Discovery And Optimization Of Novel Small-Molecular Inhibitors Suppressing Stat3-Dependent Tumor Process, Xiaolei Zhang

Electronic Theses and Dissertations

With the critical role of aberrantly active Signal Transducer and Activator of Transcription (Stat) 3 protein in many human cancers, selective small-molecule inhibitors targeting the dimerization event which is required for stat3 activation, would be valuable as therapeutic agents. And the inhibitors will be useful chemical probes to clarify the complex biological functions of Stat3. By computational and structural analyses of the interaction between Stat3 and the lead dimerization disruptor, S3I-201, we have designed a diverse set of analogs. One of the most active analogs, S3I-201.1066 is derived to contain a cyclo-hexyl benzyl moiety on the amide nitrogen, which increases …

The Shaky Political Economy Foundation Of A National Renewable Electricity Requirement, Jim Rossi

Vanderbilt Law School Faculty Publications

This Article argues that a national renewable portfolio standard (RPS) for electric power is not likely to advance its purported goals, nor is it likely to be adopted by Congress in its present proposed form. For one, a national RPS would have geographically disproportionate costs - those costs would be focused on a few, mostly natural resource-poor states, whereas the benefits of job growth and technological adoption in infant industries will be elsewhere. Second, the ability of firms to use operational flexibility regarding their nonrenewable fuel mix to substitute other nonrenewable energy sources for traditional fossil fuels undermines the purported …

To Transfer Or Not To Transfer: Identifying And Protecting Relevant Human Rights Interests In Non-Refoulement, Vijay Padmanabhan

Vanderbilt Law School Faculty Publications

Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman or degrading treatment. This protection, called non-refoulement, emanates from a theory of human rights that recognizes rights fulfillment requires States to protect those within their jurisdiction from rights violations perpetrated by third parties, including other States. Generally human rights law recognizes that resource constraints and/or competing rights restrict protection duties. But such limitations have not been recognized in the non-refoulement context with limited theorization as …

Organizational Apologies: Bp As A Case Study, Erin O'Connor

Vanderbilt Law School Faculty Publications

This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances from an evolutionary perspective, the Article describes how apology and other responsibility-accepting behaviors can be mobilized by organizations to avoid the costs of its apparently careless conduct. In particular, organizations can designate particular agents as spokespersons who possess the ability to portray a sense of sincerity and regret. Moreover, reconciliation by ingroup members appears to be more common than is reconciliation by outgroup members, likely …