Digital Commons Network^™

Ageism & Cooperation, Eric Schniter, Timothy W. Shields, John Dickhaut

ESI Working Papers

Discrimination based on age can affect same-aged and intergenerational interactions, presenting socially and economically undesirable phenomena. To investigate the effects of age stereotypes on cooperation, we presented older adults (over age 50) and younger adults (under age 25) with belief elicitation tasks (about anticipated interactions) and then a series of same, different, and unknown-aged group interactions in a Sender-Receiver game. Compared to the in-group (the age group they belong to) both younger and older participants stereotyped the out-group (the age group they did not belong to) as relatively different and more uncooperative than observed to be. We have only partial …

Side-Payments And The Costs Of Conflict, Erik O. Kimbrough, Roman M. Sheremeta

ESI Working Papers

Conflict and competition often impose costs on both winners and losers, and conflicting parties may prefer to resolve the dispute before it occurs. The equilibrium of a conflict game with side-payments predicts that with binding offers, proposers make and responders accept side-payments, generating settlements that strongly favor proposers. When side-payments are non-binding, proposers offer nothing and conflicts always arise. Laboratory experiments confirm that binding side-payments reduce conflicts. However, 30% of responders reject binding offers, and offers are more egalitarian than predicted. Surprisingly, non-binding side-payments also improve efficiency, although less than binding. With binding side-payments, 87% of efficiency gains come from …

Navigating Eu Law And The Law Of International Arbitration, George A. Bermann

Faculty Scholarship

The European Union and international arbitration are two robust legal regimes that have managed to develop largely in accordance with their own respective “first principles,” and they have accordingly thrived. This article initially explains why that has been the case.

But the era of parallelism between the regimes has ended, and rather suddenly. This article identifies the two principal fronts on which tensions between EU law and international arbitration law have emerged. Interestingly, both commercial and investment arbitration are implicated.

A first front entails a conflict between the European Court of Justice's (ECJ's) expansive notions of EU public policy and …

Giving Birth: The Voices Of Women In Tamil Nadu, India, Cheryl A. Corbett, Lynn Clark Callister

Faculty Publications

Purpose: The purpose of this qualitative descriptive study is to describe the perceptions of childbearing women living in Tamil Nadu, India. This study can increase cultural understanding and foster cultural competence in nurses caring for Indian women.

Study Design and Methods: Women were invited to share their childbearing experiences. Following institutional review board approval, interviews were held with 22 women who had given birth in the previous 18 months to a viable infant. The women were grateful for the opportunity to share their perspectives with an interested nurse investigator. Data collection proceeded concurrently with data analysis. Themes were generated collaboratively …

Obama Reelection Clears Path For Numerous New Epa Regulations, Michael B. Gerrard

Faculty Scholarship

The reelection of President Barack Obama means that a long list of new regulations will be issued by the Environmental Protection Agency (EPA) in the coming months. Some had been held up because of their political sensitivity, and others were still in process, but many will soon be ready for further action.

The election results also mean that major new environmental legislation is very unlikely for the next two years. The House of Representatives is still firmly controlled by the Republicans, and their leadership has not signaled any major change from the last Congress’ stance of opposition to many EPA …

Dc Circuit Clears Path For Ghg Rules, But Politics Remain, Michael B. Gerrard

Faculty Scholarship

What may have been the most important environmental decision of 2012 dismissed numerous challenges to the rules issued by the U.S. Environmental Protection Agency (EPA) to control emissions of greenhouse gases (GHGs). While further legal battles are looming, the most serious remaining threats to EPA's program are in the political sphere.

This article describes the ruling in Coalition for Responsible Regulation v. EPA, forecasts EPA's next moves, and describes the battles still ahead for EPA.

Redeeming And Living With Evil, Mark A. Graber

Maryland Law Review

No abstract provided.

Building Picket Fences: Maryland’S Funeral Picketing Law After Snyder V. Phelps, Michael Bakhama

Maryland Law Review

No abstract provided.

Comparative Pragmatism, Rachel Rebouché

Maryland Law Review

No abstract provided.

J.D.B. V. North Carolina: An Appropriate Expansion Of Miranda To Account For Age In Juvenile Interrogations, Hanna M. Sheehan

Maryland Law Review

No abstract provided.

Virtue Ethics And Efficient Breach, Avery W. Katz

Faculty Scholarship

The concept of "efficient breach" – the idea that a contracting party should be encouraged to breach a contract and pay damages if doing so would be more efficient than performance – is probably the most influential concept in the economic analysis of contract law. It is certainly the most controversial. Efficient breach theory has been criticized from both within and without the economic approach, but its most prominent criticism is that it violates deontological ethics – that the beneficiary of a promise has a right to performance, so that breaching the promise wrongs the promisee.

This essay argues that …

The Character Of The Governmental Action, Thomas W. Merrill

Faculty Scholarship

Penn Central Transportation Co. v. New York City holds a secure position in the architecture of the regulatory takings doctrine. That doctrine is at bottom a tool for distinguishing between different governmental powers; in particular, between the power of eminent domain and the police power. Because eminent domain requires that compensation be paid, whereas the police power does not, it is necessary to draw a line between these powers. Conceivably we could simply take the legislature at its word as to which power it is exercising. But at least since Pennsylvania Coal Co. v. Mahon, the Supreme Court has insisted …

Differential Expression Of Metabolic Genes In Tumor And Stromal Components Of Primary And Metastatic Loci In Pancreatic Adenocarcinoma., Nina V. Chaika, Fang Yu, Vinee Purohit, Kamiya Mehla, Audrey J. Lazenby, Dominick J. Dimaio, Judy M. Anderson, Jen Jen Yeh, Keith R. Johnson, Michael A. Hollingsworth, Pankaj K. Singh

Journal Articles: Eppley Institute

BACKGROUND: Pancreatic cancer is the fourth leading cause of cancer related deaths in the United States with a five-year survival rate of 6%. It is characterized by extremely aggressive tumor growth rate and high incidence of metastasis. One of the most common and profound biochemical phenotypes of animal and human cancer cells is their ability to metabolize glucose at high rates, even under aerobic conditions. However, the contribution of metabolic interrelationships between tumor cells and cells of the surrounding microenvironment to the progression of cancer is not well understood. We evaluated differential expression of metabolic genes and, hence, metabolic pathways …

Gentamicin Rapidly Inhibits Mitochondrial Metabolism In High-Frequency Cochlear Outer Hair Cells, Heather Jensen Smith, Richard Hallworth, Michael G. Nichols

Journal Articles: Eppley Institute

Aminoglycosides (AG), including gentamicin (GM), are the most frequently used antibiotics in the world and are proposed to cause irreversible cochlear damage and hearing loss (HL) in 1/4 of the patients receiving these life-saving drugs. Akin to the results of AG ototoxicity studies, high-frequency, basal turn outer hair cells (OHCs) preferentially succumb to multiple HL pathologies while inner hair cells (IHCs) are much more resilient. To determine if endogenous differences in IHC and OHC mitochondrial metabolism dictate differential sensitivities to AG-induced HL, IHC- and OHC-specific changes in mitochondrial reduced nicotinamide adenine dinucleotide (NADH) fluorescence during acute (1 h) GM treatment …

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Scholarship@WashULaw

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national …

Electronic Privacy And Employee Speech, Pauline Kim

Scholarship@WashULaw

The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees’ privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments — weak protection of employee privacy and increased …

Death In Our Life, Joseph Raz

Faculty Scholarship

This is the text of the Annual Lecture of the Society for Applied Philosophy, delivered in Oxford on 22-5-12. I kept the talk style of the paper. It examines a central aspect of the relations between duration and quality of life by considering the moral right to voluntary euthanasia, and some aspects of the moral case for a legal right to euthanasia. Would widespread acceptance of a right to voluntary euthanasia lead to widespread changes in attitude to life and death? Many of its advocates deny that seeing it as a narrow right enabling people to avoid ending their life …

Corporate Form And Social Entrepreneurship: A Status Report From California (And Beyond), Eric L. Talley

Faculty Scholarship

In January 2012, amendments to California’s corporate code permitted a new type of corporate form designed around for-profit entities also wishing to commit to serving a broader “social purpose” (or purposes). Although not the first state to embrace such reforms, California’s experiment is unique, in that it allowed companies to opt for one of two different social benefit entity forms: the “Benefit Corporation” (BC) and the “Flexible Purpose Corporation” (FPC). This essay summarizes the reforms and presents basic descriptive data about the rate at which business organizations have embraced them. Thus far, both forms have had relatively modest take-up rates; …

A Successful Patient Rounding Redesign: Staff Empowerment Blended With A Research Project (Poster), Jody Shigo Rn, Cmsrn, Holly Tavianini Rn, Bsn, Mshsa, Cnrn, Lynn M. Deitrick Rn, Phd, Kathy Baker Mph, Rn, Hannah D. Paxton Bsn, Rn, Michelle D. Flores

Patient Care Services / Nursing

No abstract provided.

On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt

Faculty Scholarship

In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …

Where You Stand Depends On Where You Sit: Immigrant Incorporation In Federal Workplace Agencies, Ming Hsu Chen

Faculty Scholarship

This Article integrates social science theory about immigrant incorporation and administrative agencies with empirical data about immigrant-serving federal workplace agencies to illuminate the role of bureaucracies in the construction of rights. More specifically, it contends that immigrants' rights can be protected when workplace agencies incorporate immigrants into labor law enforcement in accordance with the agencies' professional ethos and organizational mandates. Building on Miles' Law that "where you stand depends on where you sit," this Article argues that agencies exercise discretion in the face of contested law and in contravention to a political climate hostile to undocumented immigrants for the purpose …

Student Peer-Group Focusing In Psychology Training: A Phenomemological Study, Amanda Burleigh Lowe

Electronic Theses and Dissertations

The present study is an empirical phenomenological investigation of the influence of peer group Focusing practice (Gendlin, 1981) on doctoral psychology students' senses of their developing clinical expertise. Focusing, a therapeutic bodily awareness and symbolization practice, was proposed as a method that would support the development of student self-reflection, self-assessment, and self-care. The present study investigates the experiences of three female doctoral students who participated in a peer-initiated and peer-run Focusing group for five semesters. The methodological procedures for a reflective empirical phenomenological study as articulated by Giorgi and Giorgi (2003), Robbins (2006), and Wertz (1984) were followed. Procedures adapted …

Interpreting The Culture Of Ubuntu: The Contribution Of A Representative Indigenous African Ethics To Global Bioethics, Leonard T. Chuwa

Electronic Theses and Dissertations

Ubuntu is a worldview and a way of life shared by most Africans south of Sahara. Basically Ubuntu underlines the often unrecognized role of relatedness and dependence of human individuality to other humans and the cosmos. The importance of relatedness to humanity is summarized by the two maxims of Ubuntu. The first is: a human being is human because of other human beings. The second maxim is an elaboration of the first. It goes; a human being is human because of the otherness of other human beings. John Mbiti combines those two maxims into, "I am because we are, and …

“Where The Blazed Trail Crosses The Boulevard”: Gear, Fashion, And Outfitting In Early Recreational Wilderness Camping, 1880-1920, Brian Beauvais

Dissertations and Theses @ UNI

During the late nineteenth and early twentieth centuries, American culture experienced a profound fascination with primitivism, wilderness, and raw nature. Numerous outdoor activities became increasingly popular as Americans sought to revitalize the national vigor they envisioned as inextricably connected to a life close to nature. One of these activities was woodcraft camping; that is, a minimalistic form of wilderness recreation that valued simplicity and self-sufficiency as opposed to luxuriant idleness. Woodcraft campers expressed a deep dissatisfaction with what they considered to be the mind-numbing, spirit-crushing emptiness of modem life. In the wilderness, they beheld one of the remaining vestiges of …

After The Great Recession: Regulating Financial Services For Low- And Middle-Income Communities, Ronald J. Mann

Faculty Scholarship

This paper, prepared as a speech at Washington and Lee Law School, discusses regulatory strategies for lending to LMI households after the Great Recession. It argues that the CFPB's emphasis on behavioral economics is likely to lead it astray, especially if it relies on assumptions drawn from experience with middle-class behavior to interfere with the choices made by LMI households that face a different set of opportunities than the middle-class households more familiar to regulators. More generally, the paper suggests that most of the financial distress faced by LMI households is a result of broader social and institutional problems, and …

Managing The Economic Crisis In The Nonprofit Sector, Amy Ranae Costliow

Dissertations and Theses @ UNI

The purpose of this study is to determine the effects of the economic downturn on the nonprofit sector during 2009, 2010 and 2011. This study will also identify the strategies employed by nonprofit executives to navigate the current economic condition of the United States of America. The researcher compiled data from surveys distributed to nonprofit organizations in six cities across the nation during 2009, 2010 and 2011. After compiling the data collected the researcher utilized frequencies to examine how executive directors dealt with the economic downturn over the past three years. In addition the two way Chi Square was used …

Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan

Faculty Scholarship

Immigration and crime have received much popular and political attention in the past decade, and have been a focus of episodic social attention for much of the history of the U.S. Recent policy and legal discourse suggests that the stigmatic link between immigrants and crime has endured, even in the face of evidence to the contrary. This study addresses the relationship between immigration and crime in urban settings, focusing on areal units where immigrants tend to cluster spatially as well as socially. We ask whether immigration creates risks or benefits for neighborhoods in terms of lower crime rates. The question …

Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg

Faculty Scholarship

Over ten years ago, in the pages of this Journal, I inquired whether authors’ “moral rights” had come of (digital) age in the U.S. Ever-hopeful at that time, I suggested that then-recent legislation enacted to enable the copyright law to respond to the challenges of digital media might, in addition to its principal goal of securing digital markets for works of authorship, also provide new means to protect authors’ interests in receiving attribution for their works and in safeguarding their integrity. The intervening years’ developments, however, indicate that, far from achieving their majority, U.S. authors’ moral rights remain in their …

Courthouse Iconography And Chayesian Judical Practice, William H. Simon

Faculty Scholarship

Judith Resnik and Dennis Curtis emphasize in Representing Justice that the traditional iconography of courthouses is incongruent with the current practices of the institutions that inhabit them. The key elements of traditional iconography – the blindfolded, scale-balancing Justitia and the courtroom configured for the trial – connote adjudication. Yet, the fraction of judicial work that involves deciding cases on the merits or conducting trials has decreased dramatically. Most judicial work today is basically managerial.

We could reduce this incongruity, on the one hand, by reviving the practical adjudicatory focus of the past or, on the other, by revising the iconography …

Budging Culture, Hope L. Johnson Msn, Rn, Cnor

Patient Care Services / Nursing

No abstract provided.