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Artification In Natural History Museums, Kaisa Mäki-Petäjä

Contemporary Aesthetics (Journal Archive)

Natural history exhibitions have changed considerably over recent decades concurring with a rise of a general movement of aestheticization in the Western culture. This usually results from an attempt to make the exhibitions more appealing to provide the public numerous ways of enjoying themselves, but they are also used to communicate information, especially of an ethical and affective kind. In this paper I will consider the effects of a particular kind of aestheticization, namely artification, of these kinds of exhibitions. Artification, i.e, the process of regarding non-art objects as art, appears to be in conflict with the science-based purposes of …

Successful Aging: A Psychosocial Resources Model For Very Old Adults, G. Kevin Randall, Peter Martin, Mary Ann Johnson, Leonard W. Poon

Department of Nutrition and Health Sciences: Faculty Publications

Objectives.Using data from the first two phases of the Georgia Centenarian Study, we proposed a latent factor structure for the Duke OARS domains: Economic Resources, Mental Health, Activities of Daily Living, Physical Health, and Social Resources. Methods. Exploratory and confirmatory factor analyses were conducted on two waves of the Georgia Centenarian Study to test a latent variable measurement model of the five resources; nested model testing was employed to assess the final measurement model for equivalency of factor structure over time. Results. The specified measurement model fit the data well at Time 1. However, at Time 2, …

Mutual Fund Performance Advertising: Inherently And Materially Misleading?, Alan R. Palmiter, Ahmed E. Taha

Georgia Law Review

Mutual fund companies routinely advertise the past
returns of their strong-performing, actively-managed
equity funds. These performance advertisements imply
that the advertised high past returns are likely to
continue. Indeed, investors flock to these funds despite
high past returns being a poor predictor of high future
returns. Thus, fund performance advertising is inherently
and materially misleading and violates federal securities
antifraud standards. In addition, the SEC-mandated
warning in these advertisements that "past performance
does not guarantee future results"fails to temper investors'
focus on past returns.
The SEC should do more to prevent investors from being
misled by fund performance advertisements. It …

Table Of Contents

Georgia Law Review

No abstract provided.

Table Of Contents

Georgia Law Review

No abstract provided.

Aggregation Of Probabilities And Illogic, Kevin M. Clermont

Georgia Law Review

Classical logic and probability theory produce in law the
troublesome paradox of aggregation of claims: On the
other hand, logic seems to tell us that the aggregated
likelihood of alternative claims elevates in response to
probability's rules; thus, if the plaintiff almost proves
claim A and almost proves an alternative but independent
claim B, then the plaintiff should win one. On the other
hand, because the law requires each claim to meet the
standard of proof, and thus refuses to apply the proof
standard to the aggregation, the plaintiff loses in
actuality; legal scholars despair in consequences-
including Ariel Porat …

Nutritionally Focused Drive-Thru Menus And The Impact On Consumer Preferences: A Study Of The Restaurant Industry, Meschelle M. Davis

Electronic Theses and Dissertations

More than one-third of the U.S. citizens (over 70 million people) and 16% of children are classified as obese and are at risk of many diseases including heart disease. Research indicates that 65% of Americans over the age of twenty years old are considered overweight. To address this public health issue, the U.S. Food & Drug Administration has proposed new nutritional guidelines for restaurant menus. Thus, the current study investigated the preferences of quick service restaurant (QSR) industry consumers with reference to the newly proposed U.S. Food and Drug Administration regulations. This study includes development and redesigning of drive thru …

A Kitchen Of One's Own: The Paradox Of Dione Lucas, Kathleen Collins

Publications and Research

First appearing on the air in 1947, Dione Lucas was one of the earliest television cooking-show hosts. As a business owner, single mother, influential salesperson, and highly respected professional in her field (Julia Child referred to Lucas as “the mother of French cooking in America”), Lucas was a pioneer and potentially powerful role model. Given this profile, however, she was an anachronism and out of sync with the majority of contemporary women and home cooks. She was likewise out of sync with her television peers, as most homemaking programs were hosted by home economists and were contexts wherein thrift and …

Murrow And Friendly’S Small World: Television Conversation At The Crossroads, Kathleen Collins

Publications and Research

Small World

(1958–60), an Edward R. Murrow and Fred W. Friendly television production, brought together political and entertainment figures from around the world, boasting technological innovation and a high level of public affairs discourse. The author discusses critical reception, producers’ ideals, cultural and historical context, and relation-ships to evolving notions of public service broadcasting.

Licensed To Share: How Libraries Are Handling Electronic Journal Article Requests, Karen Okamoto

Publications and Research

This questionnaire-based study examines how libraries are now handling electronic journal (e-journal) article requests in both lending and borrowing. With an increasing number of publishers and e-journal content providers permitting interlibrary loan (ILL) sharing, and with the availability of new license management tools and services, many respondents stated that they share e-journal articles. However, problems persist. Respondents cited is- sues such as restrictive licenses, automatic deflection of e-journal article requests, and the lack of information from libraries about what e-journal titles they are licensed to ILL.

Citizen Bunker: Archie Bunker As Working-Class Icon., Kathleen Collins

Publications and Research

Archie Bunker, the central character and patriarch of Norman Lear’s “All in the Family,” (1971-1979) has been referred to as an “everyman” and an “angry-man prototype” with “hard had prejudice.” The name Archie Bunker itself has become synonymous with a blue-collar, racially chauvinistic mentality. The title of the show’s pilot and theme song, “Those Were the Days,” emphasized Archie’s dream of a simpler (though idealized) time, a world that he could understand and upon which he could exert some control. In 1970s America, Archie seemed to feel that the world was against him – economically, socially, politically and culturally – …

Leveraging Learning To Improve Disaster Management Outcomes, Denise D. P. Thompson

Publications and Research

Disaster management agencies should be exemplars of learning given the volatility of their operating environment. However, there are cognitive, social, and organizational barriers that prevent these organizations from learning. The purpose of this article is to use the Caribbean Disaster and Emergency Management Agency (CDEMA) as an example of an organization that achieves double-loop learning in spite of known barriers. This research shows significant learning variations in the CDEMA organization from the regional to the national level. The results demonstrate that the CDEMA Coordinating Unit and a few national member agencies achieve double-loop learning, while the opposite is true for …

Stop The Chaos! One Patient At A Time, Please, Megan Snyder Bsn, Rn, Bc

Patient Care Services / Nursing

No abstract provided.

Sedation Safety Using Clinical Practice Guidelines, Bonnie Wasilowsky Bspa-Hca, Rn, Cnrn

Patient Care Services / Nursing

No abstract provided.

Infectious Intracranial Aneurysms: Collaboration For Treatment Success, Erin M. Conahan Rn, Bsn, Cnrn

Patient Care Services / Nursing

No abstract provided.

Governing Systemic Risk: Towards A Governance Structure For Derivatives Clearhouses, Sean J. Griffith

Faculty Scholarship

Derivatives transactions create systemic risk by threatening to spread the consequences of default throughout the financial system. Responding to the manifestations of systemic risk exhibited in the financial crisis, policy-makers have sought to solve the problem by requiring as many derivatives transactions as possible to be “cleared” (essentially guaranteed) by a clearinghouse. The clearinghouse will centralize and, through the creation of reserve accounts, seek to contain systemic risk by preventing the consequences of default from spreading. This centralization of risk makes the clearinghouse the new locus of systemic risk, and the question of systemic risk management thus becomes a question …

Predicting Securities Fraud Settlements And Amounts: A Hierarchical Bayesian Model Of Federal Securities Class Action Lawsuits, Blakeley M. Mcshane, Oliver P. Watson, Sean J. Griffith, Tom Baker

Faculty Scholarship

This article develops models that predict the incidence and amount of settlements for federal class action securities fraud litigation in the post-PLSRA period. We build hierarchical Bayesian models using data that come principally from Riskmetrics and identify several important predictors of settlement incidence (e.g., the number of different types of securities associated with a case, the company return during the class period) and settlement amount (e.g., market capitalization, measures of newsworthiness). Our models also allow us to estimate how the circuit court a case is filed in as well as the industry of the plaintiff firm associate with settlement outcomes. …

Punctilios And Nonprofit Corporate Governance--A Comprehensive Look At Nonprofit Directors' Fiduciary Duties, Thomas Lee Hazen, Lisa Love Hazen

Faculty Publications

No abstract provided.

National Healthcare And American Constitutional Culture, William P. Marshall

Faculty Publications

No abstract provided.

Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii

Faculty Publications

No abstract provided.

State Debts & Federal Jurisdiction, John V. Orth

Faculty Publications

No abstract provided.

Changing The Conversation In Education Law: Political Geography And Virtual Schooling Book Review Essay, Aaron J. Saiger

Faculty Scholarship

In Five Miles Away, A World Apart, James E. Ryan concludes that the educational reforms of the hour, school accountability and school choice, will exacerbate rather than undermine the systematic educational advantages enjoyed by wealthier Americans. Paul Peterson, in his Saving Schools, argues that increasingly centralizing American schools have become sufficiently centralized that, as a labor-intensive industry, few productivity gains are available from governance reform, even as demand escalates for the customization of education to individual needs. Both volumes therefore pin their hopes for change upon political geography-the relationship between people and educational institutions in space. Ryan argues that changing …

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

Faculty Scholarship

Some industry and political actors oppose the Consumer Financial Protection Bureau (CFPB) on the grounds that its institutional design ensures its lack of accountability. Specifically, opponents point to the CFPB’s regulatory and financial independence and to the fact that a single director heads the Bureau rather than a bipartisan panel of commissioners. But to focus on the Bureau’s financial independence and single director misses the distinctive political deal struck when Congress created the CFPB. The CFPB has been uniquely and intentionally structured to insulate it not only from interest group influence and executive interference, but also from congressional control, while …

Prosecutors And Professional Regulation, Bruce A. Green

Faculty Scholarship

Prosecutors often express mistrust of professional regulators, their rules and their processes. This may have been more understandable twenty years ago, when prosecutors perceived that the organized bar had been captured by defense lawyers seeking to use professional regulation as a means of imposing limits on criminal investigative authority that the law did not otherwise recognize. Although that criticism no longer has much basis in reality, it has persisted in the rhetoric prosecutors employ in advocacy regarding their professional conduct. This article explores prosecutors’ public attitude toward professional regulation, beginning with a brief account of their responses two decades ago, …

How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Richard Squire

Faculty Scholarship

Corporations insure against liability in shareholder lawsuits by buying tiered coverage from multiple insurers who each cover a distinct segment of the potential damages range. Rather than negotiating to settle individually with the plaintiff, the insurers seek to reach a single, collectively binding settlement agreement. This combination of segmented coverage and collective settlements produces a conflict of interests: the corporation’s managers and some insurers are better off if the case settles pre-trial for the expected damages, while other insurers are better off going to trial. To force reluctant insurers to settle, courts have created a duty that can require an …

Broadband Localism, Olivier Sylvain

Faculty Scholarship

Today, local governments are supplying broadband service to residents to fill the service gap left by major providers. Municipalities are joining forces with local anchor institutions and private providers to close the digital divide and incubate novel public-minded service models. This is the new broadband localism. Some stakeholders fear that local public participation in the broadband market will negatively impact competition. They have articulated this concern in state legislation across the country: nineteen states forbid or otherwise restrict municipal ownership or administration of broadband and three may enact similar restrictions this year. No matter the substantive policy merits of such …

Sports In America, John D. Feerick

Faculty Scholarship

A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …

Making Good Lawyers, Eli Wald, Russell G. Pearce

Faculty Scholarship

Today, the criticism of law schools has become an industry. Detractors argue that legal education fails to effectively prepare students for the practice of law, that it is too theoretical and detached from the profession, that it dehumanizes and alienates students, too expensive and inapt in helping students develop a sense of professional identity, professional values, and professionalism. In this sea of criticisms it is hard to see the forest from the trees. “There is so much wrong with legal education today,” writes one commentator, “that it is hard to know where to begin.” This article argues that any reform …

Palsgraf, Punitive Damages, And Preemption, Benjamin C. Zipursky

Faculty Scholarship

This Article utilizes civil recourse theory along with a pragmatic conceptualist methodology to solve three problems in tort law: one on Palsgraf v. Long Island Railroad Co., one on punitive damages (as seen in the Supreme Court’s struggles with Philip Morris v. Williams), and one on federal preemption (as seen in the Supreme Court’s 4-4 deadlock in Warner-Lambert Company v. Kent). Confusion has been generated by a failure to recognize that -- despite the many aspects of tort law that render it importantly public -- there is something distinctively private about the common law of torts. When one firmly rejects …

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Faculty Scholarship

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …