Digital Commons Network^™

Managing Summary Judgment, Steven S. Gensler, Lee Rosenthal

Faculty Articles

No abstract provided.

Florida Institute Of Technology Catalog 2013-2014, Florida Institute Of Technology

Florida Institute of Technology Melbourne and Jensen Beach Catalogs, 1967-2015

Academic catalog by Florida Institute of Technology for the 2013-2014 academic year.

Immigration Preemption After United States V. Arizona, Kit Johnson, Peter Spiro

Faculty Articles

Professors Kit Johnson and Peter Spiro debate the role states should play in immigration enforcement after the Supreme Court's decision in Arizona v. United States.

Importing The Flawless Girl, Kit Johnson

Faculty Articles

Fashion model visas have never been the subject of scholarly treatment, much less a focused analysis. In fact, they have been the subject of considerable confusion in Congress and have become a polarizing issue in public debate. Clarity is important, because the granting of visas to fashion models has an undeniably positive economic impact on a major U.S. industry. Moreover, fashion model visas have the unique potential to serve as levers to affect important aspects of social policy and to address public health concerns. This paper begins by examining what it takes to be a fashion model and why the …

Sharpening The Blunt Blue Pencil: Renewing The Reasons For Covenants Not To Compete In North Carolina, Jon J. Lee, Kimberly Burke

Faculty Articles

Covenants not to compete are often included in modern employment contracts to prevent employees from working for competitors for a specified amount of time after termination of employment. Although such covenants were initially unenforceable at common law because they represented invalid restraints on trade, most jurisdictions today enforce covenants not to compete where such covenants are reasonable. Jurisdictions differ, however, in their treatment of unreasonable covenants, choosing from one of three approaches: the all-or nothing approach, which prohibits a court from striking out or modifying any part of a covenant; the "strict blue pencil doctrine," which allows a court to …

Citizen Participation In Japanese Criminal Trials: Reimagining The Right To Trial By Jury In The United States, Jon J. Lee

Faculty Articles

If the United States were to reform contemporary jury trials to match the Founders’ conception of the right to trial by jury, how might they look? In recent years, we have gained insight into how to answer that question from an unlikely source: Japan. This Article examines the introduction of citizen participation into the Japanese judicial system (the saiban-in seido) from a different perspective. Rather than focusing on the contemporary American jury system, this Article evaluates the Japanese reforms in light of the Founders’ conception of the right to trial by jury. It is this conception of the right to …

Lawyers, Not Widgets: Why Private-Sector Attorneys Must Unionize To Save The Legal Profession, Melissa Mortazavi

Faculty Articles

No abstract provided.

Tribute To Elouise Cobell, Dennis Gingold, M. Alexander Pearl

Faculty Articles

Cobell v. Salazar, the landmark class-action case, and its settlement arise out of a painful period in American history. For more than a century, the government's abuse of individual Indian trust beneficiaries has been documented in various government reports and has been debated in Congress, but nothing that Congress did or said stopped egregious breaches of trust committed by the executive branch. The United States Court of Appeals for the D.C. Circuit noted that "[t]he General Accounting Office, Interior Department Inspector General, and Office of Management and Budget, among others, have all condemned the mismanagement of the Individual Indian Money …

Sports Neuropsychology With Diverse Athlete Populations: Contemporary Findings And Special Considerations, Christine M. Salinas, Frank M. Webbe

Psychology Faculty Publications

This paper aims to familiarize readers with the contemporary scientific literature available on sports concussion as it relates to populations divergent from adult males who play football and hockey. Herein, we focus on important issues such as age, gender, culture, language, sport type, and premorbid conditions (such as learning disabilities [LD] and attention deficit/hyperactive disorder [ADHD]) that can influence concussion incidence, severity, and recovery

Is There A Role For The Quantification Of Rrm1 And Ercc1 Expression In Pancreatic Ductal Adenocarcinoma?, Matias E Valsecchi, Thomas Holdbrook, Benjamin E Leiby, Edward Pequignot, Susan J Littman, Charles Yeo, Jonathan Brody, Angieszka Witkiewicz

Department of Medical Oncology Faculty Papers

BACKGROUND: RRM1 and ERCC1 overexpression has been extensively investigated as potential predictive markers of tumor sensitivity to conventional chemotherapy agents, most thoroughly in lung cancer. However, data in pancreatic cancer are scarce.

METHODS: We investigated the mRNA and protein expression of ERCC1 and RRM1 by RT-PCR and immunohistochemistry (IHC) in formalin-fixed, paraffin-embedded pancreatic ductal carcinoma (PDA) tissues. The primary outcome investigated was the association between RRM1 and ERCC1 expression and overall survival (OS) or disease-free survival (DFS).

RESULTS: A total of 94 patients with resected PDA were included in this study. Most of them (87%) received gemcitabine based chemotherapy. Data …

The Effect Of Atmospheric Aging On A Hybrid Polymer Matrix Composites' Material Properties, Brian Michael Burks

Electronic Theses and Dissertations

Mechanical failure modes associated with elevated temperature exposure of the load bearing unidirectional hybrid composite (based upon glass and carbon fibers reinforcing a high temperature epoxy matrix) of a next generation transmission line design were investigated in this research. In particular, the flexural performance (in both static and fatigue loading) of the composite which had been exposed to elevated temperatures for prolonged periods of time was studied. To this end, a fatigue test was developed in an attempt to simulate the multi-axial loading conditions present on transmission lines. This test was used to evaluate the fatigue behavior of unaged specimens, …

Poor Parenting And Antisocial Behavior Among Homeless Young Adults : Links To Dating Violence Perpetration And Victimization, Kimberly A. Tyler, Lisa Melander

Department of Sociology: Faculty Publications

Though research has examined risk factors associated with street victimization among homeless young people, little is known about dating violence experiences among this group. Given homeless youths’ elevated rates of child maltreatment, it is likely that they are at high risk for dating violence. As such, the current study examined the association between child maltreatment and parental warmth with dating violence perpetration and victimization through substance use and delinquency among a sample of 172 homeless males and females. Results from path analysis revealed that physical abuse, sexual abuse, and neglect were all significant correlates of both substance use and delinquency, …

The Intergenerational Effects Of Relocation Policies On Indigenous Families, Melissa L. Walls, Les B. Whitbeck

Department of Sociology: Faculty Publications

This research utilizes life-course perspective concepts of linked lives and historical time and place to examine the multigenerational effects of relocation experiences on Indigenous families. Data were collected from a longitudinal study currently underway on four American Indian reservations in the Northern Midwest and four Canadian First Nation reserves where residents share a common Indigenous cultural heritage. This paper includes information from 507 10 – 12 year old Indigenous youth and their biological mothers who participated in the study. Results of path analysis revealed significant direct and indirect effects whereby grandparent-generation (G1) participation in government relocation programs negatively impacts not …

Radiative Natural Supersymmetry With A 125 Gev Higgs Boson, Howard Baer, Vernon Barger, Peisi Huang, Azar Mustafayev, Xerxes Tata

Department of Physics and Astronomy: Faculty Publications

It has been argued that requiring low electroweak fine-tuning (EWFT) along with a (partial) decoupling solution to the supersymmetry (SUSY) flavor and CP problems leads to a sparticle mass spectra characterized by light Higgsinos at 100–300 GeV, sub-TeV third generation scalars, gluinos at a few TeV, and multi-TeV first or second generation scalars (natural SUSY). We show that by starting with multi-TeV first or second and third generation scalars and trilinear soft breaking terms, the natural SUSY spectrum can be generated radiatively via renormalization group running effects. Using the complete 1-loop effective potential to calculate EWFT, significantly heavier third generation …

Book Review. The Legacy Of The International Criminal Tribunal For The Former Yugoslavia Edited By B. Swart, A. Zahar And G. Sluiter, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Writing For The Web: Twitter As A Starting Point For Breaking News, Sue Burzynski Bullard, Michelle Carr Hassler

College of Journalism and Mass Communications: Faculty Publications

Students enrolled in a multimedia reporting course use Twitter to cover breaking news events as they unfold, capitalizing on the immediacy of the social media network and the Web. Using cellphones or laptops, they learn to tell stories 140 characters at a time. The second half of this assignment requires students to build on their Twitter stories by posting follow-up stories and photographs to a class website. The follow- ups, written within six hours of events, must include additional reporting. The assignment marries traditional writing and reporting skills with digital tools increasingly being used in the real world.

Public Relations In Kenya: An Exploration Of Models And Cultural Influences, Dane M. Kiambi, Marjorie Keeshan Nadler

College of Journalism and Mass Communications: Faculty Publications

This pioneer study explores the public relations models that inform the practice of public relations in Kenya, and the cultural values that influence this practice. Results show the personal influence model as the most used by practitioners in Kenya, while individualism is the most experienced cultural value. The strong correlation between personal influence model and Hofstede’s cultural value of femininity points to the practitioners’ strong desire for good interpersonal relationships with colleagues, supervisors, clients and key publics.

Ethnic Appeal: A Self-Defense Tool For Kenyan Politicians, Dane M. Kiambi

College of Journalism and Mass Communications: Faculty Publications

So far, analyses of apologetic rhetoric strategies as used by individuals or organizations to respond to accusations of wrongdoing have been concentrated in the West. An analysis of political apologia in an African setting — in this case Kenya — reveals that while Kenyan politicians have used denial, victimization, mortification, and counterattacking among other self-defense strategies, one particular strategy emerges as the most commonly used by Kenyan politicians — ethnic appeal.

Vendor Compensation As An Approach For State "Amazon" Laws: Part 2, David Gamage, Devin J. Heckman

Articles by Maurer Faculty

In this essay, the second of a two-part series, we propose an approach for the U.S. states to tax interstate e-commerce. If the states adequately compensate remote e-commerce vendors for all tax compliance costs, we argue that the states can constitutionally impose use tax collection obligations on the remote vendors in a manner compatible with the Quill framework.

Vendor Compensation As An Approach For State "Amazon" Laws: Part 1, David Gamage, Devin J. Heckman

Articles by Maurer Faculty

In this Essay, the first of a two-part series, we analyze the approaches U.S. states have been using in their attempts to tax interstate e-commerce. We argue that these existing approaches are unlikely to be effective. In our companion Essay, the second in the series, we outline a novel approach that states might employ in order to more effectively tax interstate e-commerce – based on adequately compensating remote vendors for all tax compliance costs. But before we can argue for our new approach, we must first survey the current constitutional and statutory landscape.

The Saga Of State "Amazon" Laws: Reflections On The Colorado Decision, David Gamage, Darien Shanske

Articles by Maurer Faculty

We analyze the Colorado district court’s decision in Direct Marketing Association v. Huber – a decision that permanently enjoined Colorado’s "Amazon" law. Had it not been enjoined, the Colorado law would have mandated information reporting by remote e-commerce vendors so that Colorado could levy its sales and use tax on the e-commerce purchases made by Colorado residents. We evaluate the applicability of the Tax (Anti-)Injunction Act and whether the Colorado statute and regulations should be reviewed as a tax or as a regulation. We also suggest alternative approaches that state legislatures might use in order to levy taxes on remote …

The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate

Articles by Maurer Faculty

Advances in technology—including the growing use of cloud computing by individuals, agencies, and organizations to conduct operations and store and process records—are enabling the systematic collection and use of personal data by state and federal governments for a variety of purposes.

These purposes range from battling crime and terrorism to assessing public policy initiatives and enforcing regulatory regimes. To aid these efforts, governments are promoting mandatory retention and reporting of data by online service providers and the expansion of laws that facilitate wiretaps to greater portions of the web.

The legal framework for protecting individual privacy within this growing world …

The End Of The Beginning, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

The Intricacies Of Independence, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantession

Articles by Maurer Faculty

No abstract provided.

The Challenge Of "Big Data" For Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Systematic Government Access To Private-Sector Data, Fred H. Cate, James X. Dempsey, Ira S. Rubenstein

Articles by Maurer Faculty

No abstract provided.

Calendar Interviewing And The Use Of Landmark Events – Implications For Cross-Cultural Surveys, Tina Glasner, Wander Van Der Vaart, Robert F. Belli

Department of Psychology: Faculty Publications

This paper discusses potential methodological issues in the design and implementation of calendar recall aids such as the Life History Calendar for cross-cultural surveys. More specifically, it aims to provide insights into how the use of landmark events in calendar interviewing may be influenced by cross-cultural variability. As an example, we compare the landmark events reported by Dutch and American respondents in two studies in which calendar recall aids were used. The study discusses differences that were found between the two countries in the numbers and types of reported landmark events, as well as in the temporal distribution of those …

Advanced Seminar – Interviewer-Respondent Interaction: Survey Research & Methodology Special Topics 898, Spring 2012, Robert Belli

Department of Sociology: Faculty Publications

This course will explore the theory and observations that underlie the attempt of survey methodologists to understand the nature of interviewer-respondent interactions and their impact on data quality. This exploration will entail the examination of different interviewing methods and different methods to observe and analyze the verbal behavioral streams that occur between interviewers and respondents. In addition, analytic approaches that seek to understand the impact of verbal behaviors on data quality will be considered.

Cooperation In Risky Environments: Decisions From Experience In A Stochastic Social Dilemma, Florian Artinger, Nadine Fleischhut, Vittoria Levati, Jeffrey R. Stevens

Department of Psychology: Faculty Publications

Often in cooperative situations, many aspects of the decisionmaking environment are uncertain. We investigate how cooperation is shaped by the way information about risk is presented (from description or from experience) and by differences in risky environments. Drawing on research from risky choice, we compare choices in stochastic social dilemmas to those in lotteries with equivalent levels of risk. Cooperation rates in games vary with different levels of risk across decision situations with the same expected outcomes, thereby mimicking behavior in lotteries. Risk presentation, however, only affected choices in lotteries, not in stochastic games. Process data suggests that people respond …

Simulating School Closure Policies For Cost Effective Pandemic Decision Making, Ozgur M. Araz, Paul Damien, David A. Paltiel, Sean Burke, Bryce Van De Geijn, Alison Galvani, Lauren Ancel Meyers

Department of Supply Chain Management and Analytics: Faculty Publications

Background: Around the globe, school closures were used sporadically to mitigate the 2009 H1N1 influenza pandemic. However, such closures can detrimentally impact economic and social life.

Methods: Here, we couple a decision analytic approach with a mathematical model of influenza transmission to estimate the impact of school closures in terms of epidemiological and cost effectiveness. Our method assumes that the transmissibility and the severity of the disease are uncertain, and evaluates several closure and reopening strategies that cover a range of thresholds in school-aged prevalence (SAP) and closure durations.

Results: Assuming a willingness to pay per quality adjusted life-year (QALY) …