Digital Commons Network^™

Cooperation-What Is It And Why Do It?, David J. Waxse

Richmond Journal of Law & Technology

Litigation is a method of resolving disputes that is too costly and time consuming for most parties involved. As a Federal Magistrate Judge involved in case management on a day-to-day basis, I often see evidence of this. I also participated in the 2010 Conference on Civil Litigation held at Duke Law School and sponsored by the Federal Judicial Conference Standing Committee on Rules of Practice and Procedure. The conference explored “the current costs of civil litigation in Federal Court, particularly discovery, and discuss[ed] possible solutions.” As part of the conference, the Federal Judicial Center presented4its research findings on its study …

Virtual Or Reality: Prosecutorial Practices In Cyber Child Pornography Ring Cases, Michal Gilad

Richmond Journal of Law & Technology

With the rising use of the Internet over the past decade, the boundaries between our physical space and cyberspace are quickly fading. The Internet has become an integral and inseparable part of modern being, and its dominance in our lives is undeniable. Actions taken online are no longer a mere virtual fantasy, but directly relate to our “offline” everyday living. Modern criminal trends also demonstrate the strong link betweenthe virtual and physical worlds.

Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray

Richmond Journal of Law & Technology

After two long years collecting hundreds of gigabytes of e-mail, data base reports, and social media posts from countries in Europe, Asia, and South America, such as France, South Korea, Argentina, Canada, Australia, and El Salvador, the day of trial has arrived. The trial team has obtained the data at great cost, in dollars as well as person-hours, but is finally ready for trial. First-chair counsel, second-chair counsel, and four paralegals file into the courtroom, not with bankers boxes full of documents as in earlier times, but with laptops, tablet computers, and a data projector. Following opening statements, the first …

Using Contract Terms To Get Ahead Of Prospective Ediscovery Costs And Burdens In Commercial Litigation, Jay Brudz, Jonathan M. Redgrave

Richmond Journal of Law & Technology

During the course of the twentieth century, American and international businesses reacted to the increasing costs and uncertainties of the American civil legal system by trying to create certainty through contractual provisions wherever possible. In particular, businesses developed contractual provisions that set forth procedural boundaries to potential disputes for the purpose of providing greater certainty as to where the dispute would be heard, who would hear it, and what laws would apply. For example, choice of venue and choice of law provisions became commonplace. In addition, clauses dictating the use of alternative dispute resolution procedures were also widely adopted. Substantively, …

Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank

University of Richmond Law Review

The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on …

Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States, Alexander J. Sisemore

Oklahoma Law Review

No abstract provided.

Article Iii And Removal Jurisdiction: The Demise Of The Complete Diversity Rule And A Proposed Return To Minimal Diversity, Rodney K. Miller

Oklahoma Law Review

The complete diversity rule is broken. Although easily applied in theory (federal courts can exercise subject matter jurisdiction over an action on diversity grounds only when no party is of the same citizenship as any adverse party), over time the number of judicially and legislatively created exceptions to the rule, as well as their varying and inconsistent application by the federal courts, has created an environment in which similarly situated parties are treated differently based solely on the forum in which the litigation is brought. In the removal context, depending upon the forum in which an action is filed, a …

Making Plaintiffs Whole: A Tax Problem Of Interest, William E. Foster

Oklahoma Law Review

This article illustrates the dramatic tax impact of interest awards in otherwise non-taxable litigation recoveries and proposes two alternative legislative solutions for the over-taxing of plaintiffs in these cases. While plaintiffs who recover personal injury awards typically receive favorable tax treatment, those who receive interest on such awards are taxed on the interest and often are not able to utilize deductions for attorney’s fees and other costs paid to obtain the award. Further, the attorney’s portion of the recovery in a contingency fee arrangement will be included in the plaintiff’s gross income. The result is that the plaintiff recovers less …

Revitalizing Informed Consent And Protecting Patient Autonomy: An Appeal To Abandon Objective Causation, Evelyn Tenenbaum

Oklahoma Law Review

No abstract provided.

Not All "Units" Are Created Equal: How Hebble V. Shell Western E&P;, Inc. Missed An Opportunity To Curb The Expansion Of Fiduciary Obligations In Oklahoma Oil And Gas Law, Brad Secrist

Oklahoma Law Review

No abstract provided.

Dolphin-Assisted Therapy: Claims Versus Evidence, Britta L. Fiksdal, Daniel Houlihan, Aaron C. Barnes

Psychology Department Publications

The purpose of this paper is to review and critique studies that have been conducted on dolphin-assisted therapy for children with various disorders. Studies have been released claiming swimming with dolphins is therapeutic and beneficial for children with autism, attention deficit hyperactivity disorder, physical disabilities, and other psychological disorders. The majority of the studies conducted supporting the effectiveness of dolphin-assisted therapy have been found to have major methodological concerns making it impossible to draw valid conclusions. Readers will be informed of the history of, theory behind, and variations of dolphin-assisted therapy along with a review and critique of studies published …

The Faculty Workshop, Pierre Schlag

Publications

This essay explores the ubiquitous law school institution, “The Faculty Workshop,” as an entrée into and manifestation of contemporary American legal thought. The Faculty Workshop is examined both as a regulator and expression of legal thought - at once governance system and symptom. We close by discussing “Stage 4.”

Using Munitions And Unit Frontage: New Evidence About The Russian Main Battle Line At Poltava (1709), Adrian Mandzy

Faculty Research at Morehead State University

No abstract provided.

Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff

Publications

Local food, local work, local energy production--all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world's global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article's centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely conceptions …

The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan

Publications

Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs' class certification motion. But for certain employment rights cases--mainly wage claims but also age discrimination and gender equal pay claims--29 U.S. C. § 216(b) allows not class actions but "collective actions" covering just those opting in affirmatively. Yet courts in collective actions assume a gatekeeper role just as they do in Rule 23 class actions, disallowing many actions by requiring a certification motion proving …

Agricultural Terracing And Landscape History At Monte Pallano, Abruzzo, Italy, James R. Countryman

Honors Papers

This study examines the role of agricultural terracing in the archaeological landscape of Monte Pallano, in the Sangro river valley of Abruzzo, Italy. This area is the research focus of the Sangro Valley Project, an ongoing archaeological project whose mission is to investigate and characterize long-term dynamics of human settlement and land use in this region. The project's 2010 and 2011 field seasons incorporated a program of mapping and reconnaissance survey and experimental excavation of abandoned agricultural terraces on the upper slopes of Monte Pallano. The survey was designed to assess the spatial distribution of agricultural terraces in the study …

Model Of The One-Dimensional Molecular Hydrogen Cation, Joseph Galamba

Honors Papers

The hydrogen molecule ion is the simplest molecule, consisting of only two protons and an electron. As such, understanding this problem is essential in order to extend quantum mechanical techniques to more complex molecules such as the next simplest hydrogen molecule. The non-ionized hydrogen molecule represents the simplest system with only axial symmetry exhibiting Pauli exclusion principle effects due to the two identical electrons (fermions) in the neutral molecule. Both molecules have been treated in great detail both experimentally and theoretically and the nature of their solutions and energies are well understood.

Dimensional scaling of the problem can provide insight …

Hannah Arendt And The Meaning Of Political Action, Charlie Hartford

Honors Papers

In the first section, I begin with an account of action within the context of the vita activa as laid out by Arendt in The Human Condition. I then proceed to identify some of the more perplexing features of her account, and suggest that they are confounding enough to throw the coherency of what Arendt is saying into question. Taking my cue from Hanna Pitkin, I then argue that we can understand action as activity informed by thinking, by drawing upon Arendt's posthumously published work The Life of the Mind. This account, however, though illuminating with regard to some aspects …

Shades Of Cato And Brutus: Classical References In The Révolutions De Paris And The Rise Of Republicanism, June-October 1791, Suzanne Michelle Levin

Honors Papers

Historians have long assumed that French Revolutionaries invoked Antiquity as a model to imitate. Two major rival schools, the "Marxist" and the "Revisionist", base their interpretation of the Revolution in part on this assumption, but few have investigated it. This study examines the significance of classical references made by one journal, the Révolutions de Paris, in the aftermath of the king's flight and concludes that in this case, revolutionaries did not invoke Antiquity to imitate it, but to give legitimacy to the burgeoning republican movement.

Rustbelt Theater: Children's Environmental Justice Narratives From South Elyria, Oh, Lissette Lorenz

Honors Papers

Children's knowledge of their eco-social environment is rarely privileged in environmental literature. Their voices help to broaden conceptions of environmental justice, to the benefit of both the environmental justice movement and the emerging discipline of environmental studies. In this community-based research project conducted in partnership with Save Our Children, an afterschool/summer enrichment center, in South Elyria, Ohio, third and fourth grade children utilized Theater of the Oppressed techniques to create an environmental justice narrative in the form of an original play. The goal of Theater of the Oppressed is for participants to dramatically analyze real-life oppressions/obstacles/challenges they face and act …

Virtuous Empire: The Jeffersonian Vision For America, Gavin Palmer

Honors Papers

In structuring this paper I will first consider the argument that Jefferson was an anti-government thinker, and in the same chapter I will show how Jefferson’s embrace of expansive federal authority as president renders this interpretation untenable. In the next section I will present an alternative interpretation of Jefferson’s political thought. In my view, Jefferson was not an enemy to the government, but to its use for corrupt ends that benefitted elites at the expense of the public. This interpretation is consistent with Jefferson’s actions in the three major periods of his political career.

In section 4 I will explain …

The Spatial Properties Of Music Perception: Differences In Visuo-Spatial Performance According To Musicianship And Interference Of Musical Structure, Christa Theresa Vassillière

Honors Papers

Spatial cognition has been implicated in the perception and production of music within both behavioral and neurological experimental paradigms. Using performance on mental rotation of a three-dimensional object, the present study examined the visuo-spatial abilities of conservatory and non-conservatory students. Participants performed the rotation task under no distraction followed by performance with an interference task, which consisted of detecting either tempo or pitch changes. Conservatory students performed better on the mental rotation task both with and without interference. Musical structure (Western classical versus Indian classical) and musical aspect (tempo changes and pitch changes) influenced how much interference was produced in …

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Hot Emotions: Dissolving The Paradox Of Fiction, Katherine Tullman

Contemporary Aesthetics (Journal Archive)

This essay critiques two of the main theories in the philosophy of emotions, the pure-cognitive theory and the neo-Jamesian theory, through the paradox of fiction. After explaining the different kinds of emotions we experience when engaging with fictions, I argue that a middle-ground, hybrid theory more adequately accounts for current scientific research and the paradox of fiction than either of the previous two. I propose a “HOT” theory of emotions (higher-order thought) specifically to explain complex emotions about fictions.

Beauty Or Bane: Advancing An Aesthetic Appreciation Of Wind Turbine Farms, Tyson-Lord J. Gray

Contemporary Aesthetics (Journal Archive)

I begin this paper by looking at declining wind turbine sales during the years 2007 to 2010. In an attempt to locate a reason for this decline, I evaluate two claims by wind farm opponents: 1) that wind farms reduce property value, and 2) that wind farms ruin the beauty of nature. The first claim I respond to by looking at three studies conducted on residential property sales located near wind farms. For the second claim, I engage in a comparison of Immanuel Kant’s and John Dewey’s aesthetics. I ultimately advance an aesthetic appreciation of wind farms that seeks to …

La Red Internacional De Inventarios Forestales (Biotree-Net) En Mesoamérica: Avances, Retos Y Perspectivas Futuras, Luis Cayuela, Lucía Gálvez-Bravo, F S. De Albuquerque, Duncan J. Golicher, Mario González-Espinosa, Neptalí Ramírez-Marcial, José M. Rey Benayas, Rakan A. Zahawi, Jorge A. Meave, B. M. Benito, Cristina Garibaldi, I. Chan, Ramón Pérez Pérez, Richard Field, Patricia Balvanera, M. A. Castillo, Blanca L. Figueroa-Rangel, Daniel M. Griffith, Gerald A. Islebe, D. L. Kelly, Miguel Olvera-Vargas, Stefan A. Schnitzer, E. Velazquez, Guadalupe Williams-Linera, Steven W. Brewer, Angélica Camacho-Cruz, Indiana Coronado, Ben De Jong, R. Del Castillo, I. Granzowde La Cerda, Javier Fernández, William Fonseca, Luis Galindo-Jaimes, Thomas W. Gillespie, Benigno González-Rivas, J. E. Gordon, Johanna Hurtado, José Linares, Susan G. Letcher, Scott A. Mangan, V. E. Méndez, Victor Meza, Susana Ochoa-Gaona, C. J. Peterson, Viviana Ruiz-Gutierrez, Kymberley A. Snarr, Fernando Tun Dzul, Mirna Valdez-Hernández, Karin M. Viergever, D. A. White, J. N. Williams, Francisco J. Bonet, Regino Zamora

Biological Sciences Faculty Research and Publications

Conservation efforts in Neotropical regions are often hindered by lack of data, since for many species there is a vacuum of information, and many species have not even been described yet. The International Network of Forest Inventory Plots (BIOTREE-NET) gathers and facilitates access to tree data from forest inventory plots in Mesoamerica, while encouraging data exchange between researchers, managers and conservationists. The information is organised and standardised into a single database that includes spatially explicit data. This article describes the scope and objectives of the network, its progress, and the challenges and future perspectives. The database includes above 50000 tree …

Contamination Effects On Fixed-Bias Langmuir Probes, C.T. Steigies, A. Barjatya

Publications

Langmuir probes are standard instruments for plasma density measurements on many sounding rockets. These probes can be operated in swept-bias as well as in fixed-bias modes. In swept-bias Langmuir probes, contamination effects are frequently visible as a hysteresis between consecutive up and down voltage ramps. This hysteresis, if not corrected, leads to poorly determined plasma densities and temperatures. With a properly chosen sweep function, the contamination parameters can be determined from the measurements and correct plasma parameters can then be determined. In this paper, we study the contamination effects on fixed-bias Langmuir probes, where no hysteresis type effect is seen …

Nonstatistical Factors Influencing Predictions Of Financial Distress And Managerial Implications In The All-Cargo Airline Industry, Robert O. Walton

Publications

All-cargo airlines carry over 50% of global airfreight, yet they are prone to bankruptcy. Many financial models are designed to predict a firms' financial health, but they do not assess many nonstatistical factors that influence the prediction capability of these models. In this study, qualitative grounded theory design was used to identify nonstatistical factors and explore how they influence bankruptcy prediction models in the all-cargo airline industry. In the first phase of the study, financial data from 2005 to 2009 for 17 all-cargo U.S. airlines were used to determine the bankruptcy prediction ability of the Kroeze financial bankruptcy model. A …

Introduction, Ossi Naukkarinen, Yuriko Saito

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Artification, Fine Art, And The Myth Of "The Artist", Larry Shiner

Contemporary Aesthetics (Journal Archive)

I begin by examining three concepts of “artification:” the decoration, transformation, and modification. I argue that the typical business argument for artification claims that since businesses must be constantly innovating and since art and artists are the principal locus of creativity in our society, businesses must be “artified.” I argue that these claims about artists and creativity are based on widely accepted conventional views about art and artists that are false. I illustrate my general argument by examining one of the best statements of the case for business artification, Austin’s and Devin’s book, Artful Making, showing that artful making is …