Digital Commons Network^™

Distilling Minimum Due Process Requirements For Punitive Damages Awards, Benjamin J. Robinson

Florida Law Review

No abstract provided.

Interpreting I.R.C. § 67(E): The Supreme Court's Attempt To Nail Investment Advisory Fees To The "Floor", Lindsay Roshkind

Florida Law Review

No abstract provided.

False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell

Florida Law Review

No abstract provided.

Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller

Florida Law Review

Under the Bail Reform Act of 1984, federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial question.” Federal appellate courts, however, have been deeply divided over how much merit is required to show that an appeal will raise a “substantial question.” Ten circuits define the phrase as a “close question,” based on an implausible reading of the 1984 Bail Act’s legislative history. But the Ninth Circuit has interpreted the requirement to mean that a defendant must prove that his appeal will raise …

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Florida Law Review

The tax-free treatment of like-kind exchanges presents one of tax law’s most compelling equity conundrums. Tax law generally does not tax property holders on the property’s appreciation but does tax gain or loss recognized by property sellers and exchangers of non-like-kind property. In the basic Aristotelian system, equity requires that likes be treated alike, but the system does not provide criteria to determine what is alike. Depending upon the criteria, exchangers of like-kind property can be similar either to holders or to sellers and exchangers of non-like-kind property. The equity conundrum asks whether tax law should treat exchangers of like-kind …

Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger Levinson

Florida Law Review

Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforcement personnel, public-school officials, government employers, and those who render decisions that affect our property rights. Government officials who act with intent to harm or with deliberate indifference to our rights have been found to engage in conduct that “shocks the judicial conscience” contrary …

Substantive Due Process: Sex Toys After Lawrence, Michael J. Hooi

Florida Law Review

No abstract provided.

The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks

Florida Law Review

After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional—a decision based on nothing more than …

The Ubiquity Of Greed: A Contextual Model For Analysis Of Scienter, Ann Morales Olazábal, Patricia Sanchez Abril

Florida Law Review

Some securities fraud plaintiffs contend that greed—in the form of perpetuating a prestigious executive position, ensuring a gainful bonus, or maintaining the appearance of corporate profitability—is a bona fide motive evidencing scienter. But currently, no single judicial standard or analytical rubric guides the analysis of whether allegations of greed indicate scienter in these cases. The Private Securities Litigation Reform Act of 1995 (PSLRA) requires that the complaint state “with particularity” facts giving rise to a “strong inference” that the defendant acted with the scienter required for the cause of action. Plaintiffs have long established scienter through “motive and opportunity” pleading: …

Substantive Due Process Limits On Punitive Damages Awards: "Morals Without Technique"?, F. Patrick Hubbard

Florida Law Review

In a series of cases decided over the last two decades, the Supreme Court has used the Due Process Clause to establish a procedural and substantive framework for awarding punitive damages. Initially, the substantive aspects of this framework were sufficiently clear and flexible that they required little change in the system and probably generated a helpful level of debate and uniformity as to some basic requirements for awards. However, in BMW of North America, Inc. v. Gore, the Court adopted an approach characterized by a lack of clarity and consistency, an inadequate basis in theory and policy, and ad …

Tort Arbitrage, Robert J. Rhee

Florida Law Review

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued during settlement relative to the legal standard. Central to this thesis is a proper conception and accounting of cost. Cost is typically viewed as the transaction cost of litigation processing. Cost, however, encompasses more than this. Each dispute has a cost of resolution, defined as the discounting effect of risk on legal valuation. A spread between the …

Gene Flow On Ice: The Role Of Sea Ice And Whaling In Shaping Holarctic Genetic Diversity And Population Differentiation In Bowhead Whales (Balaena Mysticetus), S Elizabeth Alter, Howard C. Rosenbaum, Lianne D. Postma, Peter Whitridge, Cork Gaines, Diana Weber, Mary G. Egan, Melissa Lindsay, George Amato, Larry Dueck, Robert L. Brownell, Mads-Peter Heide-Jørgensen, Kristin L. Laidre, Gisella Caccone, Brittany L. Hancock

Publications and Research

Sea ice is believed to be a major factor shaping gene flow for polar marine organisms, but it remains unclear to what extent it represents a true barrier to dispersal for arctic cetaceans. Bowhead whales are highly adapted to polar sea ice and were targeted by commercial whalers throughout Arctic and subarctic seas for at least four centuries, resulting in severe reductions in most areas. Both changing ice conditions and reductions due to whaling may have affected geographic distribution and genetic diversity throughout their range, but little is known about range-wide genetic structure or whether it differed in the past. …

Against Libertarianism, Alicia Finch

Faculty Articles, Papers, and Other Scholarship

The so-called Mind argument aims at the conclusion that agents act freely only if determinism is true. The soundness of this argument entails the falsity of libertarianism, the two-part thesis that agents act freely, and free action and determinism are incompatible. In this paper, I offer a new formulation of the Mind argument. I argue that it is true by definition that if an agent acts freely, either (i) nothing nomologically grounds an agent’s acting freely, or (ii) the consequence argument for incompatibilism is unsound. I define the notion of nomological grounding, and argue that unless an agent’s acting freely …

Changing The Assessment To Promote Deeper Learning, Jennifer Byrne

Conference papers

The Technological University Dublin is one of the largest multi-level higher education providers in Ireland. The Institute’s traditional mission has always been focused on teaching and learning in the field of advanced technical vocational education and training (TVET), and one of its agendas is to foster and encourage changes in teaching practice and methodology in order to enhance the student learning experience.

This paper is a result of the ever changing process which shows the evolution of the assessment process to its current format. It was driven by the fact that we as lecturers realised that the assessments promoted surface …

Proposed Coherent Trapping Of A Population Of Electrons In A C60 Molecule Induced By Laser Excitation, Thomas George, G.P. Zhang

Chemistry & Biochemistry Faculty Works

This Letter demonstrates the possibility of generating coherent population trapping in C60. Similar to a three-level Λ system, C60 has a forbidden transition between the highest occupied molecular orbital (HOMO) (|a⟩) and the lowest unoccupied molecular orbital (LUMO) (|c⟩), but a dipole-allowed transition between HOMO and LUMO+1 (|b⟩) and between |b⟩ and |c⟩. We employ two cw laser fields, one coupling and one probe. The strong coupling field is switched on first to resonantly excite the transition between |b⟩ and |c⟩. After a delay, the probe is switched on; the coherent interaction between the coupling and probe fields traps the …

Gpsa Council Meeting, 11/17/2012, Graduate And Professional Student Association

GPSA Meeting Agendas and Minutes

No abstract provided.

November 17, 2012 (Pages 7075-7158), Pennsylvania Legislative Reference Bureau

Volume 42 (2012)

No abstract provided.

Murray Ledger And Times, November 17, 2012, Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Toward Universal Broadband In Rural Alaska, Heather E. Hudson, Virgene Hanna, Alexandra Hill, Khristy Parker, Suzanne Sharp, Kent Spiers, Kyle Wark

ISER Reports

The TERRA-Southwest project is extending broadband service to 65 communities in the Bristol Bay, Bethel and Yukon-Kuskokwim regions. A stimulus project funded by a combination of grants and loans from the Rural Utilities Service (RUS), TERRA-Southwest has installed a middle-mile network using optical fiber and terrestrial microwave. Last-mile service will be through fixed wireless or interconnection with local telephone networks. The State of Alaska, through its designee Connect Alaska, also received federal stimulus funding from the National Telecommunications and Information Administration (NTIA) for tasks that include support for an Alaska Broadband Task Force “to both formalize a strategic broadband plan …

Annual Legal Update, Rachel Levinson Esq.

Journal of Collective Bargaining in the Academy

No abstract provided.

Annual Legal Update, Nicholas Digiovanni Esq.

Journal of Collective Bargaining in the Academy

No abstract provided.

Workshop: Grievance And Arbitration Role Play - Handouts, Howard Parish

Journal of Collective Bargaining in the Academy

No abstract provided.

Higher Education's Senior Leadership: Too Many Rungs On The Ladder?, Jacqueline King

Journal of Collective Bargaining in the Academy

No abstract provided.

State Finances And The Economy, Ed Muir

Journal of Collective Bargaining in the Academy

No abstract provided.

Rountable On Legislative Strategies For Pensions And Retirement Benefits, Richard Winsten Esq.

Journal of Collective Bargaining in the Academy

No abstract provided.

The Erosion Of The Tenure System And Academic Collective Bargaining: An Aaup Perspective, Ernst Benjamin

Journal of Collective Bargaining in the Academy

The widely endorsed “1940 Statement of Principles on Academic Freedom and Tenure”

affirms that “Tenure is a means to certain ends; specifically: (1) freedom of teaching and

research and of extramural activities, and (2) a sufficient degree of economic security to

make the profession attractive to men and women of ability.”1 The erosion of the tenure

system severely threatens both of these objectives and thereby presents a severe challenge

both to academic institutions and to academic collective bargaining.

Research Briefs, Unlv Innovation Staff Writer

UNLV Innovation

- New Scorpion Species Discovered

- Medication Errors by Both Domestically and Internationally Trained Nurses Studied

- Researchers Discover Magnetic Bacteria with Potential for Emerging Biotech Industry

- Stalagmites Provide Clues on the Demise of Early Civilizations

- Anthropologist Explores the Impact of Honey on Human Evolution

- Expanding the Reach of Scholarly Communication

Collective Bargaining In Canada, Michael Farrell

Journal of Collective Bargaining in the Academy

In Canada collective bargaining is shaped by a tight statutory structure used to regulate almost every aspect

of of the union-manangement relationship. Such legislation closely regulates the formation of the collective

bargaining relationship, governs the conduct and timing of the bargaining process, places restrictions on economic

conflict, and may, in some cases, mandate certain terms of the collective agreement. The legislation confers broad

administrative powers on labour relations boards or tribunals, which play a major role in the application of the

legislation (Carter 1995). Labour tribunals regulate both management and union activity and may restrain some

forms of employer interference …

New Models: A Joint Labor/Management Meeting - Annual Update, Nicholas Digiovanni Esq.

Journal of Collective Bargaining in the Academy

No abstract provided.

Salary Equity In The California Statue University System, Margaret Merryfield

Journal of Collective Bargaining in the Academy

No abstract provided.