Digital Commons Network^™

Elected Lawmakers Accountable For The Laws — Gasp! The House, David Schoenbrod

Other Publications

No abstract provided.

A Medical Liability Reform That Will Actually Work, Joanne Doroshow

Other Publications

This post originally appeared on https://www.huffpost.com/entry/a-real-medical-liability-_b_821066

What I’Ve Learned About The Congressional Budget Office And Health Care, Joanne Doroshow

Other Publications

This post originally appeared on https://www.huffpost.com/entry/what-ive-learned-about-th_b_391034

Outdoor Recreation Participation Of Pennsylvanians With Disabilities, Elizabeth H. Weybright, Alan R. Graefe, Andrew J. Mowen, Nate E. Trauntvein

Kinesiology and Health Science Faculty Publications

Approximately 16% of United States residents report having some sort of physical disability that limits their recreation participation. Many of these individuals may have an abundance of free time due to unemployment, part-time work status, or retirement, and therefore recreation and leisure have the potential to provide great meaning in their lives. Qualitative and quantitative data from a State Comprehensive Outdoor Recreation Plan was used to better understand the outdoor recreation habits and perceptions of Pennsylvania residents with disabilities. Using descriptive, chi square, and ANOVA statistics, results indicate that these individuals perceive fewer benefits from outdoor activities, experience different types …

Bulletin 2011-2012, Seattle University School Of Law

Viewbooks

No abstract provided.

A Capital Gains Anomaly: Commissioner V. Banks And The Proceeds From Lawsuits., Stephen T. Black, Katherine D. Black, Michael D. Black

St. Mary's Law Journal

When a litigant receives an award of damages or agrees to a settlement of a lawsuit for which the litigant and her attorney have agreed to a contingent fee, a portion of those damages or the settlement is paid to the attorney. For income tax purposes, there is a question of whether the litigant should include the portion paid to her attorney as her own income. The question is not merely academic. In a tax system that does not always allow the litigant to deduct her attorney's fees, the litigant may end up paying tax on money that she never …

Utilizing Temporally Invariant Calibration Sites To Classify Multiple Dates And Types Of Satellite Imagery, Joe Fortier, John Rogan, Curtis E. Woodcock, Daniel Miller Runfola

Geography

Mapping past time periods (retrospective mapping) using remotely sensed data is hindered by a lack of coincident calibration and validation information. The identification of features of same ground cover invariant across time and their use as calibration and validation data addresses this challenge by: (a) streamlining the process of image calibration for multiple dates, and (b) allowing each image to generate its own spectral signature. This study investigates the use of temporally invariant calibration and validation data to map land-cover in Massachusetts, employing five satellite images collected from five separate dates and different sensors. The results indicate that this technique …

2010 Ohio Animal Welfare Compromise, J. David Aiken

Cornhusker Economics

In June 2010, Ohio elected officials and animal welfare activists negotiated an animal welfare compromise agreement that kept an animal welfare proposition off the November ballot in Ohio.

2011 Federal Estate Tax Update, J. David Aiken

Cornhusker Economics

Estate planning is a very important topic for farm families. In 2001, President Bush signed legislation that reduced the federal estate taxes up until 2010, when the federal estate tax was reduced to zero. If no new federal legislation had been enacted, the Federal Estate Tax Exemption would have fallen from unlimited to $1 million on January 1, 2011. However, on December 17, 2010 President Obama signed HR 4853, which extended the Bush tax cuts through the end of 2012. This means that from January 1, 2011 through December 31, 2012, the Federal Estate Tax Exemption is $5 million, but …

Consent V. Closure, Howard M. Erichson, Benjamin C. Zipursky

Faculty Scholarship

Claimants, defendants, courts, and counsel are understandably frustrated by the difficulty of resolving mass tort cases. Defendants demand closure, but class certification has proved elusive and non-class settlements require individual consent. Lawyers and scholars have been drawn to strategies that solve the problem by empowering plaintiffs’ counsel to negotiate package deals that effectively sidestep individual consent. In the massive Vioxx settlement, the parties achieved closure by including terms that made it unrealistic for any claimant to decline. The American Law Institute’s Principles of the Law of Aggregate Litigation offers another path to closure: it proposes to permit clients to consent …

Does Terrestrial Drought Explain Global Co 2 Flux Anomalies Induced By El Niño?, C. R. Schwalm, Christopher A. Williams, K. Schaefer, I. Baker, G. J. Collatz, C. Rödenbeck

Geography

The El Niño Southern Oscillation is the dominant year-to-year mode of global climate variability. El Niño effects on terrestrial carbon cycling are mediated by associated climate anomalies, primarily drought, influencing fire emissions and biotic net ecosystem exchange (NEE). Here we evaluate whether El Niño produces a consistent response from the global carbon cycle. We apply a novel bottom-up approach to estimating global NEE anomalies based on FLUXNET data using land cover maps and weather reanalysis. We analyze 13 years (1997-2009) of globally gridded observational NEE anomalies derived from eddy covariance flux data, remotely-sensed fire emissions at the monthly time step, …

Death To Kappa: Birth Of Quantity Disagreement And Allocation Disagreement For Accuracy Assessment, Robert Gilmore Pontius, Marco Millones

Geography

The family of Kappa indices of agreement claim to compare a map's observed classification accuracy relative to the expected accuracy of baseline maps that can have two types of randomness: (1) random distribution of the quantity of each category and (2) random spatial allocation of the categories. Use of the Kappa indices has become part of the culture in remote sensing and other fields. This article exam- ines five different Kappa indices, some of which were derived by the first author in 2000. We expose the indices' properties mathematically and illustrate their limitations graphically, with emphasis on Kappa's use of …

Market Intermediaries And Rural People In Bolivia's Forest Products Sector: Are Trusting Partnerships Possible?, James T. Murphy, Mary Lawhon

Geography

Decentralization in access to and control of Bolivia's forest resources, coupled with a rising global demand for tropical hardwoods, raises important questions about whether increased trade and community forest management (CFM) initiatives can enable forms of market integration that have more favourable outcomes for rural communities. This paper assesses the prospects for such a transition through an examination of the relationships linking wood product market intermediaries (brokers and buyers) to rural suppliers and forest communities in Bolivia. The analysis centres on whether trust - conceptualized as a power-laden sociospatial process driven by multiscalar factors - can evolve between buyers and …

Editor's Note, Marites Tiongco

DLSU Business & Economics Review

No abstract provided.

The Contributors, Marites Tiongco

DLSU Business & Economics Review

No abstract provided.

Quality Of Work Life: A Review Of Literature, Maynard R. Bagtasos

DLSU Business & Economics Review

The Quality of Work Life (QWL) is a multi-faceted concept, having multi-dimensional constructs brought about by the variation of interest of the researchers and/or its users. The issue of QWL has become critical due to the increasing demands of today’s business environment and of the family structure. This gave rise to an increased interest in QWL not only in business but also for many professions and fields. Determining QWL always involves the interplay between and among the worker, job content, and job context. Furthermore, the determination of the extent of QWL in an organization is a perceptual undertaking. As such, …

Empirical Comparison Of Extreme Value Theory Vis-À-Vis Other Methods Of Var Estimation Using Asean+3 Exchange Rates, Cesar C. Rufino, Emmanuel G. De Guia

DLSU Business & Economics Review

This study applies Extreme Value Theory in calculating Value-at-Risk (VaR) of portfolios consisting of foreign exchange exposures of ASEAN+3 countries. This paper addresses the issue that traditional VaR models assume normality of the return distribution. Empirical evidence confirms the stylized facts that financial asset returns are typically negatively skewed and fat-tailed. Moreover, risk management concerns itself with the distribution of the tails, or events in the extremes of the distribution. Estimation of magnitude and the likelihood of extreme events should be given greater attention than central tendency characteristics. Thus, this paper proposes the application of Extreme Value Theory in computing …

Correlates Of Poverty: Evidence From The Community-Based Monitoring System (Cbms) Data, Rechel G. Arcilla, Frumencio F. Co, Shirlee R. Ocampo

DLSU Business & Economics Review

This study identified correlates of poverty for Pasay City and Mogpog, Marinduque representing an urban and a rural area in the Philippines, respectively, by utilizing the 2005 census data from its Community-Based Monitoring System. Regression models with the arcsine of the square root of barangay level poverty incidence as dependent variable were investigated which allowed the identification of the correlates of poverty at the barangay level. Results showed that the significant correlates of barangay poverty incidence were average household size, proportion of households whose housing units/lot are not owned and proportion of households who own telephone/cellphone. Furthermore, lower poverty incidences …

The Geographic Profiling Of Poverty And Accessibility: The Case Of Two Provinces In The Philippines, Alexis M. Fillone, Nicanor Roxas Jr., Cristela G. Dakila

DLSU Business & Economics Review

This study attempts to relate the poverty problem in the Philippines using spatial accessibility measures. Spatial accessibility is the ease with which one could avail of the social services and economic opportunities laid in geographic space to the individual. Using the provinces of Eastern Samar and Siquijor Island as case studies, a Social Composite Index (SCI) value for the household was derived from the 13+1 CBMS core indicators of poverty, which represents the unmet needs of the household and which was then aggregated at the barangay level. The spatial accessibility values were estimated by measuring how each barangay, specifically households, …

Audit Committee Observation/Recommendations Versus Practices As A Compliance Of Corporate Governance In India, Debabrata Chatterjee

DLSU Business & Economics Review

The series of accounting scandals have intensified pressure from stakeholders and regulators on the audit committees to do the jobs for which they are hired. Though most companies have audit committees, their role has been limited due to the lack of expertise and time. An active audit committee is important because it indicate the commitment to the issues of interest because of the reports it release about the activities undertaken during the financial year and the efforts made to ensure adequate internal control. Audit committees must be given the role to approve and review audit fees, thus neutralizing the bias …

Empirical Analysis Of Impact Of Capital Market Development On Nigeria’S Economic Growth (1981 – 2008) (Case Study: Nigerian Stock Exchange), Rowland T. Obiakor, Andy T. Okwu

DLSU Business & Economics Review

This study empirically examined the impact of capital market development on economic growth in Nigeria for the period 1981-2008. The major tool we employed for empirical analysis is a multiple regression analysis model specified on the basis of hypothesized functional relationship between capital market development and economic growth. For capital market development indicators, we considered ratios of value of shares traded, market capitalization, gross capital formation and foreign private investment, to gross domestic product, as explanatory variables, while we used growth rate of gross domestic product as the dependent variable. We introduced an error correction term to capture the flexibility …

Litigating Together: Social, Moral, And Legal Obligations, Elizabeth Chamblee Burch

Scholarly Works

In a post-Class Action Fairness Act world, the modern mass-tort class action is disappearing. Indeed, multi-district litigation and private aggregation through contracts with plaintiffs’ law firms are the new mass-tort frontier. But something’s amiss with this “nonclass aggregation.” These new procedures involve a fundamentally different dynamic than class actions: plaintiffs have names, faces, and something deeply personal at stake. Their claims are independently economically viable, which gives them autonomy expectations about being able to control the course of their litigation. Yet, they participate in a familiar, collective effort to establish the defendant’s liability. They litigate from both a personal and …

Ethical Issues In Business And The Lawyer's Role, Carol Morgan, Robert Rhee, Tamar Frankel, Mark Fagan

Scholarly Works

This is a transcript of a panel discussion on teaching Business Ethics.

Corporate Governance In An Age Of Separation Of Ownership From Ownership, Usha Rodrigues

Scholarly Works

The shareholder empowerment provisions enacted as part of the recent bailout legislation are internally incoherent because they fail to address the short-termist realities of shareholder ownership today. Ownership has separated from ownership in modern corporate America: individual investors now largely hold stock through mutual funds, pension funds, and hedge funds. The incentives of these short-term financial intermediaries only imperfectly reflect the interests of their long-term holders - an imbalance only exacerbated by the bailout’s corporate governance legislation. The bailout’s focus on shareholder empowerment tactics - such as proxy access, say-on-pay, and increased disclosure - makes little sense if shareholders are …

Resolving Interstate Conflicts Over Same-Sex Non-Marriage, Hillel Y. Levin

Scholarly Works

States have adopted several different regimes of recognition for same-sex couples. A few states allow same-sex couples to marry; several others offer marriage-like partnerships (usually called civil unions), which provide all or nearly all of the substantive rights and responsibilities associated with marriage; still others offer marriage-lite partnerships (sometimes called reciprocal benefits arrangements), which provide a small subset of the rights and responsibilities associated with marriage; and, of course, others offer no recognition at all.

What happens when these regimes of recognition collide? For example, what happens when a couple marries in Massachusetts and then moves to a marriage-like state, …

Fueling Controversy, Randy Beck

Scholarly Works

In a recent Yale Law Journal article, Linda Greenhouse and Reva Siegel question the received wisdom that the Supreme Court’s decision in Roe v. Wade generated a political backlash, inflaming conflict over abortion and damaging the political process. The evidence they highlight shows that political conflict over abortion predated the Roe opinion, spurred by the Catholic Church and by Republican Party strategists seeking to foster party realignment. This enriched picture of the political and social landscape at the time of the decision undermines any simplistic suggestion that Roe served as “the sole cause of backlash” or “single-handedly caused societal polarization …

Law Asks For Trust, Nathan Chapman

Scholarly Works

This Article offers a reading of chapters 1 and 2 of the book of Genesis, informed by concerns for the social effects of law. Part I considers the implications of God's method of creating the world by speech in the first chapter of Genesis. Part II turns to God's prohibition against eating the fruit of the tree of the knowledge of good and evil. The content of the prohibition and the nature of the threatened penalty suggest that the prohibition is a rule against disobedience generally, paradigmatic of a general claim by God to be the ruler. With the creation …

Girl's Basketball In Iowa: The Game Of Six-On-Six And Its Impact On The State's Athletic Culture, Sarah Gronemeyer

Honors Program Theses

Since the beginning of civilization, sporting activities have played a role in the lives of people. Whether it was the ancient Greek Olympics, or the Native-American game of lacrosse, people found time to participate in athletic endeavors, whether it be for competition or friendly play. While this was originally limited to men, women also found time to participate in sporting activities, although on a more limited basis that reflected their "delicate" nature. 1 As in most other social areas, women were limited to only those sports and leisure activities that were deemed "ladylike", since physical exertion and competition were too …

Differences In Depression Levels Among Tenors, Baritones, And Basses, Rhiannon Jane Talbot

Honors Program Theses

Music and speech are closely related to one another. Both have specific elements, such as average fundamental frequency, pitch variation, and speed, to accurately communicate emotion. Some emotions have characteristic speech patterns; in the case of sadness, a low mean fundamental frequency, slow speed of speech, and minimal pitch variation are common. Both music and speech also utilize physical metaphors (up/down, high/low, etc.) to express positivity and negativity. The study was intended to determine whether male vocal register correlated with levels of depressive symptoms. Specifically, tenors were expected to have lower levels of depression than baritones and basses. Participants (16 …

Music Videos As Social Commentary: A Sociological Analysis Of Lady Gaga, Jacob Allen Everett Rudy

Honors Program Theses

Since the television channel Music Television (MTV) aired its first music video on August 1, 1981, music videos have come to serve as vehicles for music artists from all genres. Using these productions as a way to simultaneously promote a song and a particular artist has proven to be successful means with which to build a career in the American music industry. However, as with all cultural artifacts, music videos contain much more information than simply visual interpretation of songs. They are rich in sources with which sociologists can further understand social norms and institutions. Through the analysis of music …