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2012

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States’ Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman Jan 2012

States’ Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

Faculty Scholarship

This article explores the arguments used by southern secessionists to explain why they left the Union. The article demonstrates that support for "states' rights" was not the main reason for secession, and that on the contrary, most of the slave states left the Union because the free states were exercising their states' rights in opposing slavery. The main reason for secession, as this essay shows, was the desire to protect slavery and to create a new nation, self-consciously based on slavery and white supremacy. This article began as part of an AALS legal history section program in 2010 and is …

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The Stages Of Scandal And The Roles Of General Counsel, Deborah A. Demott Jan 2012

The Stages Of Scandal And The Roles Of General Counsel, Deborah A. Demott

Faculty Scholarship

This Essay examines the roles of a general counsel, as the corporation’s chief legal officer, in responding to scandals when they happen and in developing and enforcing internal preventive practices prior to the occurrence of any particular scandal. The Essay differentiates between scandals and crises more generally, emphasizing the integral connection between scandal and jeopardy to reputation and tracing the interrelationships between a corporation’s reputation and that of its general counsel. The Essay argues that risks associated with scandal may strengthen general counsel’s power within the senior management team, in particular in general counsel’s relationship with the corporation’s CEO. Although …

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Understanding Regulatory Capture: An Academic Perspective From The United States, Lawrence G. Baxter Jan 2012

Understanding Regulatory Capture: An Academic Perspective From The United States, Lawrence G. Baxter

Faculty Scholarship

Although it sometimes seems that financial regulatory agencies have been entirely captured by the larger players in the industry they regulate, a closer examination reveals that a variety of factors contribute to policy outcomes in this arena. Agencies have different agendas and stakeholders, and banks often perform quasi-governmental roles that blur the line between the captors and the captured. The real danger is that public policy can be distorted as a result of excessive influence by one set of interests at the expense of others. This danger is best thwarted or at least mitigated through the application of a range …

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Group Dynamic Assessment Of Elementary School Spanish Learners Studying Interrogative Use And Formation, Kristin Davin Jan 2012

Group Dynamic Assessment Of Elementary School Spanish Learners Studying Interrogative Use And Formation, Kristin Davin

Education: School of Education Faculty Publications and Other Works

Although researchers have begun to explore the implementation of dynamic assessment (DA) with foreign language learners, few of these studies have occurred in the language classroom. An important difference between contexts of DA research and the classroom concerns the feasibility of one-to-one interactions. That is, while DA has often been framed as dyadic in nature, classroom settings rarely afford this possibility. The present study follows Poehner's (2009) proposal of group DA (G-DA), wherein classroom activities exceed the current capabilities of all learners and the teacher endeavors to provide mediation, aimed at the class as a collective, in order to diagnose …

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North Korea: Transport And Logistics Scenarios And South Korean Enterprises' Location Decisions, Kelvin Ka Liong Pang Jan 2012

North Korea: Transport And Logistics Scenarios And South Korean Enterprises' Location Decisions, Kelvin Ka Liong Pang

Plymouth Business School Theses

North Korea is one of the world’s last remaining communist countries. Insistence on self-sufficiency has resulted in the stagnation of its economy and collapse of its transport distribution system. This research project examines how various scenarios for North Korea and the implications of South Korean enterprises’ location decisions affect future transport and logistics developments in North Korea. In the foreseeable future, aside from Chinese companies, South Korean investors will probably be the only companies to invest heavily in the North, driven by political and economic motivations. The objectives of this study are four-fold. Firstly, it analyses the political and economic …

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Developing Strategic Information System Planning Model In Libya Organisations, Esam Osman Jan 2012

Developing Strategic Information System Planning Model In Libya Organisations, Esam Osman

Plymouth Business School Theses

This quantitative research study investigated the impact of organisational context on the process and success of strategic IS planning (SISP) in post-implementation information systems in Libyan organisations. A set of direct and indirect relationships were investigated in the research model. The organisational context presented as a contingent situational variable mediated by SISP process and predicted by SISP success (the criterion variable). The causality of the relationship set was developed from the contingency theory of information systems and supported by fit models in strategic management research. The study deployed multivariate analysis represented in the structural equation modelling (SEM) to develop robust …

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Investigating E-Commerce Adoption In Small And Medium-Sized Tourism Enterprises: A Case Of Travel Agents In Egypt, Mohamed Ahmed Abd-Elraouf Abou-Shouk Jan 2012

Investigating E-Commerce Adoption In Small And Medium-Sized Tourism Enterprises: A Case Of Travel Agents In Egypt, Mohamed Ahmed Abd-Elraouf Abou-Shouk

Plymouth Business School Theses

SMEs are often described as slow adopters of technology. However, adopting e-commerce is one of many strategies taken by travel agents to re-intermediate themselves in the global travel market against the threat of disintermediation. Exploratory studies have revealed that Egyptian travel agents are laggards when it comes to technology adoption, although they perceive e-commerce as a beneficial tool that can increase their chances of survival. As many as 59.2% of Egyptian travel agents were found not to have websites (Egyptian Travel Agents Association, 2008), this study investigates the factors affecting e-commerce adoption by travel agents. Past literature has shown that …

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Resources And Instructional Strategies Effective Middle School Science Teachers Use To Improve Content Area Reading Skills, Melanie S. Beaver Jan 2012

Resources And Instructional Strategies Effective Middle School Science Teachers Use To Improve Content Area Reading Skills, Melanie S. Beaver

All-Inclusive List of Electronic Theses and Dissertations

This study examined the resources and instructional strategies effective middle school science teachers use to improve content area reading skills. Reading instruction in the middle school years should follow the natural cognitive progression that occurs in the adolescent brain from learning to read to reading to learn. Scientific reading is a different type of reading than most middle school students are accustomed to. It is important to understand that students will continue to be expected to read non-fiction critically for success in the 21st century. Effective teachers know this, and they perceive themselves as teachers of reading regardless of the …

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A Mems Viscosity Sensor For Conductive Fluids, Luis Gan Chau Jan 2012

A Mems Viscosity Sensor For Conductive Fluids, Luis Gan Chau

Theses

MEMS Viscosity sensors are widely used in different applications nowadays. MEMS sensors are created by making them small in size almost penny-like sized. With low power consumption, cheap costs of production, and mass production of the devices. These sensors are able to measure viscosity through three different characteristics, the frequency, amplitude and the quality factor. Each of these describes the fluids viscosity, by using a vibrational type viscometer. The sensor has been proven to work in conductive fluids after a post process fabrication of a protective layer of Parylene C. The sensors performance has been altered due to a thicker …

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Factors Affecting The Governance Of Innovation Commercialization: A Theoretical Model, Datta Avimanyu, Richard Reed, Len Jessup Jan 2012

Factors Affecting The Governance Of Innovation Commercialization: A Theoretical Model, Datta Avimanyu, Richard Reed, Len Jessup

Business Faculty Publications

The ability to commercialize innovations is central to firm survival and success and despite research on parts of the process, there is no overarching framework. Successful commercialization can include retaining ownership of the innovation and bringing it to market, sharing it by licensing or developing it with partners, or by selling it. A firm-level model is constructed that goes from innovation sourcing, through assessment of viability, to selection of the optimum form of governance. External networks and absorptive capacity at the meso level, plus micro- and macro-level factors, as moderators affecting the strength of the relationship between viability and governance …

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Pluralism On Appeal, Paul Gugliuzza Jan 2012

Pluralism On Appeal, Paul Gugliuzza

Faculty Scholarship

In a thoughtful response to my article, Rethinking Federal Circuit Jurisdiction, Ori Aronson notes that judges “work in context, be it social, cultural, or...institutional,” and that “context matters” to their decisions. Indeed, the primary aim of my article was to spur a conversation about the context in which the judges of the Federal Circuit — who have near plenary control over U.S. patent law — decide cases. That context includes many matters in narrow areas of law that bear little relation to the innovation and economic concerns that should animate patent law. To inject those concerns into the court’s province, …

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Large-Eddy Simulation Of Axially-Rotating, Turbulent Pipe And Particle-Laden Swirling Jet Flows, Nicolas D. Castro Jan 2012

Large-Eddy Simulation Of Axially-Rotating, Turbulent Pipe And Particle-Laden Swirling Jet Flows, Nicolas D. Castro

Mechanical & Aerospace Engineering Theses & Dissertations

The flows of fully-developed turbulent rotating pipe and particle-laden swirling jet emitted from the pipe into open quiescent atmosphere are investigated numerically using Large-Eddy Simulation (LES). Simulations are performed at various rotation rates and Reynolds numbers, based on bulk velocity and pipe diameter, of 5.3x103, 12x103, and 24x103, respectively. Time-averaged LES results are compared with experimental and simulation data from previous studies. Pipe flow results confirm observations in previous studies, such as the deformation of the turbulent mean axial velocity profile towards the laminar Poiseuille-profile, with increased rotation. The Reynolds stress anisotropy tensor shows a redistribution due to pipe rotation. …

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A Pragmatic Critique Of Corporate Criminal Theory: Lessons From The Extremity, James G. Stewart Jan 2012

A Pragmatic Critique Of Corporate Criminal Theory: Lessons From The Extremity, James G. Stewart

All Faculty Publications

Corporate criminal liability is a controversial beast. To a large extent, the controversies surround three core questions: first, whether there is a basic conceptual justification for using a system of criminal justice constructed for individuals against inanimate entities like corporations; second, what value corporate criminal liability could have given co-existent possibilities of civil redress against them; and third, whether corporate criminal liability has any added value over and above individual criminal responsibility of corporate officers. In this paper, I use examples from the frontiers of international criminal justice to criticize all sides of these debates. In particular, I harness the …

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Overdetermined Atrocities, James G. Stewart Jan 2012

Overdetermined Atrocities, James G. Stewart

All Faculty Publications

An event is overdetermined if there are multiple sufficient causes for its occurrence. A firing squad is a classic illustration. If eight soldiers are convened to execute a prisoner, they can all walk away afterwards in the moral comfort that “I didn’t really make a difference; it would have happened without me.” The difficulty is, if we are only responsible for making a difference to harm occurring in the world, none of the soldiers is responsible for the death — none made, either directly or through others, an essential contribution to its occurrence. In many respects, this dilemma is the …

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Gladue: Beyond Myth And Towards Implementation In Manitoba, Debra Parkes, David Milward Jan 2012

Gladue: Beyond Myth And Towards Implementation In Manitoba, Debra Parkes, David Milward

All Faculty Publications

In the mid-1990s, section 718.2(e) of the Criminal Code of Canada was enacted in response to the alarming over-representation of Aboriginal people in Canada’s prisons and jails. Its admonition to consider “all available sanctions other than imprisonment that are reasonable in the circumstances… with particular attention to the circumstances of Aboriginal offenders” requires, according to the Supreme Court in the leading case of R v Gladue, that justice system participants do things differently in sentencing Aboriginal people. However, in the ensuing years the level of over-representation has got worse, rather than better. There are a number of different explanations that …

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Sexual Assault Cases In The Supreme Court Of Canada: Losing Sight Of Substantive Equality?, Emma Cunliffe Jan 2012

Sexual Assault Cases In The Supreme Court Of Canada: Losing Sight Of Substantive Equality?, Emma Cunliffe

All Faculty Publications

The equality guarantee contained in section 15 of the Canadian Charter of Rights and Freedoms has prompted reforms that protect women as complainants in sexual assault cases. This article considers the effectiveness of these reforms. Part 2 supplies a history of the relationships between consent, trial procedure, and substantive equality in sexual assault law. The author argues that substantive equality has had a significant effect on both substance and procedure. Part 3 examines the impact of these reforms by considering the extent to which substantive equality has infused judicial reasoning and fact determination in contested sexual assault cases. Specifically, the …

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Prospects For Scalability: Relationships And Uncertainty In Responsive Regulation, Cristie Ford Jan 2012

Prospects For Scalability: Relationships And Uncertainty In Responsive Regulation, Cristie Ford

All Faculty Publications

Ian Ayres’s and John Braithwaite’s book Responsive Regulation: Transcending the Regulatory Debate (1992) gave us many significant insights. The book has transcended its own time. At the same time, on the 20th anniversary of its publication, two things about Responsive Regulation are striking. The first is the direct, personal relationship on which the regulatory interaction is premised. The second is the boundedness and manageability of the regulatory project. At least in prudential regulation of global financial institutions in the wake of the recent financial crisis (though surely elsewhere too), neither of these features can be taken for granted. This brief …

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Order And Disorder: Rational Acumen And Emotional Incompetence In The Television Detective Story, E. Deidre Pribram Ph.D. Jan 2012

Order And Disorder: Rational Acumen And Emotional Incompetence In The Television Detective Story, E. Deidre Pribram Ph.D.

Communications: Faculty Publications

‘Order and Disorder’ examines the relationship between emotional disorders and the exquisite rationality of contemporary televisions detectives as portrayed in such series as Monk (USA), House (Fox), and Cracker (ITV). Television heroes who combine both emotionality and rationality would seem a more integrated form of human characterization. However, the permitted configuration of emotion and reason is highly constrained. Theirs is an ongoing struggle between thinking and feeling, in which rationality is their gift and emotionality, depicted as illness, is the constant curse that both threatens and enables their gift. These characters’ conflicts become a barometer for contemporary attitudes about emotional …

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No History, No Certainty, No Legitimacy . . . No Problem: Originalism And The Limits Of Legal Theory, Gary S. Lawson Jan 2012

No History, No Certainty, No Legitimacy . . . No Problem: Originalism And The Limits Of Legal Theory, Gary S. Lawson

Faculty Scholarship

Professor Martin H. Redish is on the warpath. Like General Sherman marching toward Atlanta (or Justin Tuck marching toward Tom Brady), Professor Redish, together with Matthew Arnould,1 lays waste to every constitutional theory that he encounters. Originalism, with its “belief that constitutional interpretation should be characterized exclusively by an effort to determine the Constitution’s meaning by means of some form of historical inquiry,”2 generates “an often contrived and opaque veil of historical inquiry”3 that provides “an ideal smokescreen behind which judges may pursue their personal[,] moral, political[,] or economic goals with relative impunity.”4 Nontextual theories, for their part, “permit[] selective …

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The Failure Of Investor Protection By Disclosure, Tamar Frankel Jan 2012

The Failure Of Investor Protection By Disclosure, Tamar Frankel

Faculty Scholarship

This Article deals with the issue of investor protection by disclosure. It discusses the evolution of disclosure in the financial area during the past thirty years, the role of disclosure in the regulation of intermediaries, and the current strong disagreements concerning the Dodd-Frank Act's mandate applicable to market brokers. The Article notes the role of disclosure in the restructured financial intermediation system, its failure to protect investors, and concludes with suggestions to partially correct the failure and restore the rationale for effective disclosure. Disclosure should apply to the risks posed by the intermediaries rather than to the dangers and risks …

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Is Strict Criminal Liability In The Grading Of Offenses Consistent With Retributive Desert?, Kenneth Simons Jan 2012

Is Strict Criminal Liability In The Grading Of Offenses Consistent With Retributive Desert?, Kenneth Simons

Faculty Scholarship

Notwithstanding the demands of retributive desert, strict criminal liability is sometimes defensible when the strict liability pertains, not to whether conduct is to be criminalized at all, but to the seriousness of the actor’s crime. Suppose an actor commits an intentional assault or rape, and accidentally brings about a death. Punishing the actor more seriously because the death resulted is sometimes justifiable, even absent proof of his independent culpability as to the death. But what punishment is proportionate for such an actor? Should he be punished as harshly as an intentional or knowing killer?

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The Politics Of Class Action Arbitration: Jurisdictional Legitimacy And Vindication Of Contract Rights, William W. Park Jan 2012

The Politics Of Class Action Arbitration: Jurisdictional Legitimacy And Vindication Of Contract Rights, William W. Park

Faculty Scholarship

Exactly one year apart, the U.S. Supreme Court decided two cases on “class arbitration” proceedings, one about international shipping and the other on consumer purchases of mobile telephones. Each decision inflicted damage on a claimant’s right to invoke collective action in arbitrations. Read together, the opinions serve as a prism through which to refract key elements in an increasingly politicized debate on the legal framework for arbitration, particularly within the United States.

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Evaluation Of A Prototype Desktop Virtual Reality Model Developed To Enhance Electrical Safety And Design In The Built Environment, Martin Barrett, Jonathan Blackledge Jan 2012

Evaluation Of A Prototype Desktop Virtual Reality Model Developed To Enhance Electrical Safety And Design In The Built Environment, Martin Barrett, Jonathan Blackledge

Articles

The use of Desktop Virtual Reality (VR) systems for enhancing electrical safety and engineering design is a novel prospect for both practicing and student electrical services engineers. This innovative approach, which can be readily accessed via the World Wide Web, constitutes a marked shift in conventional learning and design techniques to a more immersive, interactive and intuitive working and learning environment. This paper initially identifies the unique characteristics of desktop web based VR technologies and highlights the educational affordances offered by working in such an environment. Subsequently, using a prototype model titled ‘Virtual Electrical Services’, a case study is carried …

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A Teaching Practice Review Of The Use Of Multiple-Choice Questions For Formative And Summative Assessment Of Student Work On Advanced Undergraduate And Postgraduate Modules In Engineering, Aidan O'Dwyer Jan 2012

A Teaching Practice Review Of The Use Of Multiple-Choice Questions For Formative And Summative Assessment Of Student Work On Advanced Undergraduate And Postgraduate Modules In Engineering, Aidan O'Dwyer

Articles

This paper reflects on, reports on and evaluates the use of multiple-choice questions, in both formative and summative assessment modes, on control engineering modules taken by advanced undergraduate and postgraduate engineering students, over four academic years. The material covered by the modules is analytical in nature. The rationale for examining the assessment strategy was the poor performance by students in a closed book traditional terminal examination on one of the advanced undergraduate modules over some years. The change in assessment strategy has improved student learning, as measured by assessment data; student feedback on the assessment methods is broadly positive. The …

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Wind Resource In The Urban Environment, Jonathan Blackledge, Eugene Coyle, Derek Kearney, Eamonn Murphy, Maria-Jose Rivas Duartes Jan 2012

Wind Resource In The Urban Environment, Jonathan Blackledge, Eugene Coyle, Derek Kearney, Eamonn Murphy, Maria-Jose Rivas Duartes

Articles

The World Meteorological Organization (WMO) Commission for Instruments and Methods of Observation recognized the need to include in the 1996 WMO Guide to Instruments and Methods of Observation, WMO No. 8 a new chapter on Urban Observations (Oke 2006). There is an increasing demand for meteorological data to support building and urban design, energy conservation, micro -wind turbine installation, air quality, pollution control, insurance, wind engineering, etc. Over the last six years instrumentation has been installed at the Dublin Ins titute of Technology (DIT) in two separate locations to monitor the wind. Research has shown that the wind resource will …

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Analysis Of Wind Velocity And The Quantification Of Wind Turbulence In Rural And Urban Environments Using The Levy Index And Fractal Dimension, Jonathan Blackledge, Eugene Coyle, Niall Mccoy, Derek Kearney, Keith Sunderland, Thomas Woolmington Jan 2012

Analysis Of Wind Velocity And The Quantification Of Wind Turbulence In Rural And Urban Environments Using The Levy Index And Fractal Dimension, Jonathan Blackledge, Eugene Coyle, Niall Mccoy, Derek Kearney, Keith Sunderland, Thomas Woolmington

Articles

This paper is concerned with a quantitative and comparative analysis of wind velocities in urban and rural environments. It is undertaken to provide a route to the classification of wind energy in a rural and urban setting. This is a common problem and the basis of a significant focus of research into wind energy. In this paper, we use a non-Gaussian statistical model to undertake this task, and, through a further modification of the data analysis algorithms used, extend the model to study the effect of wind turbulence, thereby introducing a new metric for this effect that is arguably superior …

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Forecasting Terrorism: The Need For A More Systematic Approach, Edwin Bakker Jan 2012

Forecasting Terrorism: The Need For A More Systematic Approach, Edwin Bakker

Journal of Strategic Security

This article analyzes a unique branch of terrorism literature—terrorism futures—by academics, think tanks, and governmental agencies published between 2000 and 2012. To this end, it examines over sixty publications that attempt to discern possible futures of terrorism. In general, the track record of forecasting terrorism has not been good. This is particularly true for major changes in the modus operandi of terrorism, the attacks on 9/11 being a case in point. The analyses of the future of terrorism shows an absence of methodologies, and the lack of theoretical foundations, which lead to limited insights about the causes of changes in …

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A Primer Of Middle Eastern Leadership Culture, Sheldon Greaves Jan 2012

A Primer Of Middle Eastern Leadership Culture, Sheldon Greaves

Journal of Strategic Security

It is natural for someone looking in on a foreign culture from the outside to interpret what they see and frame their reactions based on their own background and assumptions. With cultures as a different as those of the Middle East and the West, the potential for blunders increases dramatically, made worse by the high political, diplomatic, military, and commercial stakes involved. Leadership culture in this region has been shaped over centuries through a variety of factors, such as reputation, family, and religion, which continue to influence decision making. The present study posits that an understanding of these factors and …

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In Their Own Words? Methodological Considerations In The Analysis Of Terrorist Autobiographies, Mary Beth Altier, John Horgan, Christian Thoroughgood Jan 2012

In Their Own Words? Methodological Considerations In The Analysis Of Terrorist Autobiographies, Mary Beth Altier, John Horgan, Christian Thoroughgood

Journal of Strategic Security

Despite the growth of terrorism literature in the aftermath of the 9/11 attacks, there remain several methodological challenges to studying certain aspects of terrorism. This is perhaps most evident in attempts to uncover the attitudes, motivations, and intentions of individuals engaged in violent extremism and how they are sometimes expressed in problematic behavior. Such challenges invariably stem from the fact that terrorists and the organizations to which they belong represent clandestine populations engaged in illegal activity. Unsurprisingly, these qualities make it difficult for the researcher to identify and locate willing subjects of study—let alone a representative sample. In this research …

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Cryptic Species: A Mismatch Between Genetics And Morphology In Millepora, Craig Tepper, Benjamin J. Greenstein Jan 2012

Cryptic Species: A Mismatch Between Genetics And Morphology In Millepora, Craig Tepper, Benjamin J. Greenstein

Arts & Sciences Faculty Publications

Millepore morphology is highly variable and shows signs of phenotypic plasticity. Two species of Millepora are present around the islands of the Bahamas: one exhibiting a strong, blade-like structure, Millepora complanata, and the other having a delicate branch-like structure, Millepora alcicornis. The phylogenetic relationship of these corals has been under considerable debate for many years. The existence of a range of intermediate growth forms exhibiting characteristics of both recognized species has led to the re-examination of this species complex. Several methods were employed to examine the taxonomic relationship including ecological abundance surveys, morphological thin-section analysis, and sequencing of …

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