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2012

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Lafler V. Cooper And Aedpa, Nancy J. King Jan 2012

Lafler V. Cooper And Aedpa, Nancy J. King

Vanderbilt Law School Faculty Publications

The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the loss of a favorable plea deal. Less noted, but also worthy of attention, are Lafler’s implications for federal habeas law. Four Justices protested that the Lafler decision violated the federal habeas statute. At the least, the decision expanded habeas review in unexpected ways. Lafler presented the Supreme Court with an unusual opportunity to declare new doctrine on habeas review


Rescuing Dignitary Torts From The Constitution, Cristina Carmody Tilley Jan 2012

Rescuing Dignitary Torts From The Constitution, Cristina Carmody Tilley

Brooklyn Law Review

No abstract provided.


Dynamics Of A Close-Loop Controlled Mems Resonator, Abdulrahman Seleim, Shahrzad Towfighian, Emmanuel Delande, Eihab Abdel-Rahman, Glenn Heppler Jan 2012

Dynamics Of A Close-Loop Controlled Mems Resonator, Abdulrahman Seleim, Shahrzad Towfighian, Emmanuel Delande, Eihab Abdel-Rahman, Glenn Heppler

Mechanical Engineering Faculty Scholarship

The dynamics of a close-loop electrostatic MEMS resonator, proposed as a platform for ultra sensitive mass sensors, is investigated. The parameter space of the resonator actuation voltage is investigated to determine the optimal operating regions. Bifurcation diagrams of the resonator response are obtained at five different actuation voltage levels. The resonator exhibits bi-stability with two coexisting stable equilibrium points located inside a lower and an upper potential wells. Steady-state chaotic attractors develop inside each of the potential wells and around both wells. The optimal region in the parameter space for mass sensing purposes is determined. In that region, steady-state chaotic …


Avoiding A Confrontation?: How Courts Have Erred In Finding That Nontestimonial Hearsay Is Beyond The Scope Of The Bruton Doctrine, Colin Miller Jan 2012

Avoiding A Confrontation?: How Courts Have Erred In Finding That Nontestimonial Hearsay Is Beyond The Scope Of The Bruton Doctrine, Colin Miller

Brooklyn Law Review

No abstract provided.


Ladder Safety: Disclosure Of Corporate Client Confidences, Linda Galler Jan 2012

Ladder Safety: Disclosure Of Corporate Client Confidences, Linda Galler

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


A Continuum Approach To Systemic Risk And Too-Big-To-Fail, Cheryl D. Block Jan 2012

A Continuum Approach To Systemic Risk And Too-Big-To-Fail, Cheryl D. Block

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Climate Change Disclosure By Sec Registrants: Revisiting The Sec's 2010 Interpretive Release, Rick E. Hansen Jan 2012

Climate Change Disclosure By Sec Registrants: Revisiting The Sec's 2010 Interpretive Release, Rick E. Hansen

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Shot Through The Heart: The Fda Gives All Health Care Company Executives A Bad Name Under The Controversial Strict-Liability Misdemeanor Provision Of The Federal Food, Drug, And Cosmetic Act, Kimberly Bolte Jan 2012

Shot Through The Heart: The Fda Gives All Health Care Company Executives A Bad Name Under The Controversial Strict-Liability Misdemeanor Provision Of The Federal Food, Drug, And Cosmetic Act, Kimberly Bolte

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Accountability And The Bureau Of Consumer Financial Protection, Susan Block-Lieb Jan 2012

Accountability And The Bureau Of Consumer Financial Protection, Susan Block-Lieb

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


The Complaint Conundrum: Thoughts On The Cfpb's Complaint Mechanism, Katherine Porter Jan 2012

The Complaint Conundrum: Thoughts On The Cfpb's Complaint Mechanism, Katherine Porter

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Reasonable Behavior At The Cfpb, Norman I. Silber Jan 2012

Reasonable Behavior At The Cfpb, Norman I. Silber

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Form And Substance In Consumer Financial Protection, Jean Braucher Jan 2012

Form And Substance In Consumer Financial Protection, Jean Braucher

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Consumer Protection Out Of The Shadows Of Shadow Banking: The Role Of The Consumer Financial Protection Bureau, David Reiss Jan 2012

Consumer Protection Out Of The Shadows Of Shadow Banking: The Role Of The Consumer Financial Protection Bureau, David Reiss

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Ecolabel Programs And Green Consumerism: Preserving A Hybrid Approach, Megan S. Houston Jan 2012

Ecolabel Programs And Green Consumerism: Preserving A Hybrid Approach, Megan S. Houston

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Mers And The Mortgage Crisis: Obfuscating Loan Ownership And The Need For Clarity, Laura A. Steven Jan 2012

Mers And The Mortgage Crisis: Obfuscating Loan Ownership And The Need For Clarity, Laura A. Steven

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


A Lie Is A Lie: The Need To Define Section 1692e Of The Fdcpa, William Keaupuni Akina Jan 2012

A Lie Is A Lie: The Need To Define Section 1692e Of The Fdcpa, William Keaupuni Akina

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Confrontation In Children's Cases: The Dimensions Of Limited Coverage, Robert Mosteller Jan 2012

Confrontation In Children's Cases: The Dimensions Of Limited Coverage, Robert Mosteller

Journal of Law and Policy

No abstract provided.


The Sky Is Still Not Falling, Richard D. Friedman Jan 2012

The Sky Is Still Not Falling, Richard D. Friedman

Journal of Law and Policy

No abstract provided.


Confrontation, Experts, And Rule 703, Paul C. Giannelli Jan 2012

Confrontation, Experts, And Rule 703, Paul C. Giannelli

Journal of Law and Policy

No abstract provided.


Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait Jan 2012

Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait

Journal of Law and Policy

No abstract provided.


Protecting Tenants At Foreclosure By Funding Needed Repairs, Steven T. Hasty Jan 2012

Protecting Tenants At Foreclosure By Funding Needed Repairs, Steven T. Hasty

Journal of Law and Policy

No abstract provided.


Failing To Realize Nicholson'S Vision: How New York's Child Welfare System Continues To Punish Battered Mothers, Jaime Perrone Jan 2012

Failing To Realize Nicholson'S Vision: How New York's Child Welfare System Continues To Punish Battered Mothers, Jaime Perrone

Journal of Law and Policy

No abstract provided.


Padilla V. Kentucky: Bending Over Backward For Fairness In Noncitizen Criminal Proceedings, Alison Syre Jan 2012

Padilla V. Kentucky: Bending Over Backward For Fairness In Noncitizen Criminal Proceedings, Alison Syre

Journal of Law and Policy

No abstract provided.


Taking The Risks Out Of Child Protection Risk Analysis, Marsha Garrison Jan 2012

Taking The Risks Out Of Child Protection Risk Analysis, Marsha Garrison

Journal of Law and Policy

No abstract provided.


The Phantom Defense: The Unavailability Of The Entrapment Defense In New York City "Plain View" Marijuana Arrests, Ari Rosmarin Jan 2012

The Phantom Defense: The Unavailability Of The Entrapment Defense In New York City "Plain View" Marijuana Arrests, Ari Rosmarin

Journal of Law and Policy

No abstract provided.


Winning The Un-Winnable In Afghanistan? Counterinsurgency And Ethnic Strife, Joseph P. Bell Jan 2012

Winning The Un-Winnable In Afghanistan? Counterinsurgency And Ethnic Strife, Joseph P. Bell

Masters Theses

After pursuing military actions in both Iraq and Afghanistan, the United States adopted a counterinsurgency policy to properly address these conflicts. After implementing this new strategy, it appears that the United States has been able to succeed against the insurgency, while losing more and more ground in Afghanistan. Upon examination, it was determined that the ethnic fractionalization in Afghanistan presented a unique challenge to the counterinsurgency effort that had not been present in Iraq.

The effects of this ethnic fractionalization were then analyzed on local counterinsurgency tactics and the overall nation building strategy in Afghanistan. Local counterinsurgency tactics had largely …


Commercial Construction Supply Chain Management Issues Involving Traveling Contractors, Fred Akers Jan 2012

Commercial Construction Supply Chain Management Issues Involving Traveling Contractors, Fred Akers

Masters Theses

Supply chain management (SCM) is an important aspect of running any business. To stay competitive in today's marketplace a supply chain management system must be in place to achieve success in this volatile global environment (Fewings, 2005).

This research differentiates the issues between executing a construction project close to home compared to away from home. Being away from home, there typically is no supplier relationship established. Furthermore, the research intends to document certain issues of the commercial construction industry that develop during the execution of a project. This will be based on the comparison of having or not having an …


Necessary Competencies For Computer-Based Construction Estimating Curriculum: Delphi Study Of An Expert Panel, Ryan Schulz Jan 2012

Necessary Competencies For Computer-Based Construction Estimating Curriculum: Delphi Study Of An Expert Panel, Ryan Schulz

Masters Theses

Universities are continuously updating curriculum to meet the needs of students entering the work force in an ever competitive environment. The construction industry is not immune to this competition and in need of competent estimators proficient in producing highly detailed estimates with the aid of computer based estimating programs.

This study set out to find necessary competencies for college students learning how to use computer based estimating programs that can be transferred to real world situations upon graduation. Using a modified Delphi technique, a panel of experts was established from the construction industry and academia too accurately obtain a set …


Orthorexia Nervosa: Healthy Eating Or Eating Disorder?, Sonia Mahesh Shah Jan 2012

Orthorexia Nervosa: Healthy Eating Or Eating Disorder?, Sonia Mahesh Shah

Masters Theses

A new concept called orthorexia nervosa has recently become more prevalent in scientific journal articles. Orthorexia nervosa has been defined as a fixation on eating only healthy foods, spending hours ruminating on meals, and an obsession with proper nutrition (Bratman, 1997). Several studies have attempted to investigate this concept, establish prevalence rates, and determine whether orthorexia is a disorder. Some studies have found an association between eating disorders, anxiety, and orthorexia as well as posited risk factors such as higher body-mass index, level of education, and sex. The present study examined an individual's scores on measures of orthorexia, anxiety, eating …


Many-To-One Communication Protocol For Wireless Sensor Networks, Chansu Yu, Robert Fiske, Seungmin Park, Won-Tae Kim Jan 2012

Many-To-One Communication Protocol For Wireless Sensor Networks, Chansu Yu, Robert Fiske, Seungmin Park, Won-Tae Kim

Electrical and Computer Engineering Faculty Publications

This paper proposes a novel communication protocol, called Many-to-One Sensors-to-Sink (MOSS), tailored to wireless sensor networks (WSNs). It exploits the unique sensors-to-sink traffic pattern to realize low-overhead medium access and low- latency sensors-to-sink routing paths. In conventional schedule-based MAC protocols such as S-MAC, sensor nodes in the proximity of the event generate reports simultaneously, causing unreliable and unpredictable performance during a brief but critical period of time when an event of interest occurs. MOSS is based on time division multiple access (TDMA) that avoids energy waste due to collisions, idle listening and overhearing and avoids unreliable behavior mentioned above. A …