Digital Commons Network^™

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 …

Editorial

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Fragments In Libeskind And Wittgenstein, Rossen Ventzislavov

Contemporary Aesthetics (Journal Archive)

My paper explores the similar role that fragments play in Wittgenstein’s later philosophy and in Libeskind’s architecture. The fragment is an infraction of traditional linear approaches to architecture and philosophy and thus affords an alternative critical glimpse into the fabric of each respective field. The fact that some philosophy and architecture use this device and its critical stance bodes well not only for the futures of the two disciplines but also for the embattled connection between them. In my paper I try to show that the break with linearity Wittgenstein and Libeskind engage in effectively replaces the ivory towers of …

The Problem Of Cinematic Imagination, Rafe Mcgregor

Contemporary Aesthetics (Journal Archive)

The purpose of this paper is two-fold: to identify the problem of cinematic imagination, and then to propose a satisfactory solution. In part one I analyze the respective claims of Dominic McIver Lopes and Roger Scruton, both of whom question the scope of imagination in film, when compared to other art forms, on the basis of its perceptual character. In order to address these concerns I develop a hybrid of Gregory Currie’s model of cinematic imagination and Kendall Walton’s theory of make-believe in section two. Section three offers a reply to Lopes and Scruton, examining the problem in terms of …

Legal Realisms, Old And New, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

The Lawyer’S Library In The Early American Republic, Alison Lacroix

Public Law and Legal Theory Working Papers

No abstract provided.

What If Madison Had Won? Imagining A Constitution World Of Legislative Supremacy, Alison Lacroix

Public Law and Legal Theory Working Papers

No abstract provided.

When To Overthrow Your Government: The Right To Resist In The World's Constitutions, Tom Ginsburg, Daniel Lansberg-Rodriguez, Mila Versteeg

Public Law and Legal Theory Working Papers

No abstract provided.

Quantitative Analysis Of Some Important Metals And Metalloids In Tobacco Products By Inductively Coupled Plasma-Mass Spectrometry (Icp-Ms), Syed Ghulam Musharraf, Muhammad Shoaib, Amna Jabbar Siddiqui, Muhammad Najam-Ul-Haq, Aftab Ahmed

Pharmacy Faculty Articles and Research

Background: Large scale usage of tobacco causes a lot of health troubles in human. Various formulations of tobacco are extensively used by the people particularly in developing world. Besides several toxic tobacco constituents some metals and metalloids are also believed to pose health risks. This paper describes inductively coupled plasma-mass spectrometric (ICP-MS) quantification of some important metals and metalloids in various brands of smoked, sniffed, dipped and chewed tobacco products.

Results: A microwave-assisted digestion method was used for sample preparation. The method was validated by analyzing a certified reference material. Percentage relative standard deviation (% R.S.D.) between recovered …

Nacada Report On Academic Advising, Office Of Academic Affairs

UNM HLC 2018-19 Assurance Argument Evidence

The final report from the National Academic Advising Association (NACADA) that concerns the university’s academic advising program.

Actualizing Faith Learning Integration: Exploring The Tensions Of Mindful Teaching, Susanna Steeg

International Christian Community of Teacher Educators Journal

This reflective paper describes the experiences of a first-year faculty member negotiating the meaning and living out of faith learning integration within her particular institution. The triple tensions of mindful teaching (ethics/power, individual/collective, and contemplation/action) are framing constructs for this discussion of faith learning integration. Autobiographical narratives of three particular experiences in the author’s first year offer opportunities for readers to reflect on the tensions inherent in mindful teaching as it pertains to faith and learning. The author invites consideration of the institutional supports and constraints within these conversations while sharing vignettes revealing the personal nature of these decisions.

How A Christian Ethic Of Care Can Inform The Organization And Structure Of Schools Of Education, Paul Shotsberger

International Christian Community of Teacher Educators Journal

A natural outcome of a Christian ethic of care is the adoption of structures and organizations that facilitate or enhance this kind of caring. This article investigates these kinds of structures as they relate to schools of education. Discussion and recommendations focus on moving away from a hierarchical model toward a more organic structure where authority and decision-making are more distributed, communication is emphasized, and collaboration is the norm.

Religious Identity Formation Among Adolescents: The Role Of Religious Secondary Schools, Timothy J. Wang

International Christian Community of Teacher Educators Journal

The purpose of this article is to examine the role religious secondary schools play in the religious identity formation of adolescents. Although several research studies have found a correlation between enrollment in private religious schools and adolescents’ religious identity formation, the researchers of these studies have only speculated about which specific characteristics of religious schools are responsible for this formation in the lives of adolescents. Through a review of the literature, the present article identifies several characteristics of religious secondary schools that may contribute to the process of religious identity formation: a community of religious peers, the presence of religious …