Digital Commons Network^™

Climate Justice, Daniel A. Farber

Michigan Law Review

Eric Posner and David Weisbach take the threat of climate change seriously. Their book Climate Change Justice offers policy prescriptions that deserve serious attention. While the authors adopt the framework of conventional welfare economics, they show a willingness to engage with noneconomic perspectives, which softens their conclusions. Although they are right to see a risk that overly aggressive ethical claims could derail international agreement on restricting greenhouse gases, their analysis makes climate justice too marginal to climate policy. The developed world does have a special responsibility for the current climate problem, and we should be willing both to agree to …

Detention Debates, Deborah N. Pearlstein

Michigan Law Review

Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …

Context And Trivia, Samuel Brenner

Michigan Law Review

My academic mantra, writes Professor James C. Foster in the Introduction to BONG HiTS 4 JESUS: A Perfect Constitutional Storm in Alaska's Capital, which examines the history and development of the Supreme Court's decision in Morse v. Frederick, "[is] context, context, context" (p. 2). Foster, a political scientist at Oregon State University, argues that it is necessary to approach constitutional law "by situating the U.S. Supreme Court's ... doctrinal work within surrounding historical context, shorn of which doctrine is reduced to arid legal rules lacking meaning and significance" (p. 1). He seeks to do so in BONG HiTS 4 JESUS …

Front Matter

Michigan Law Review

No abstract provided.

Front Matter

Michigan Law Review

No abstract provided.

Patterns And Predictors Of Debt: A Panel Study, 1985-2008, Richard K. Caputo

The Journal of Sociology & Social Welfare

Relying on panel data from the National Longitudinal Survey of Youth (NLSY79), this study finds that about half the study sample (N = 5,304) never experienced annual debt between 1985 and 2008, that the vast majority of those who incurred annual debt were short-term (1 year) or intermittent debtors (2-4 years), that the proportion of the study sample in debt for the most part declined over time, but also that the level of debt increased. Multinomial regression results indicated that health status and level of changes in income are robust predictors of debt in general, that age and race/ethnicity are …

A Study Of Marine Benthic Algae Along A Natural Carbon Dioxide Gradient, Vivienne R Johnson

School of Biological and Marine Sciences Theses

Increasing atmospheric CO2 is causing unprecedented changes in seawater chemistry, yet the uncertainty of the ecological response to these projected changes, termed ‘ocean acidification’, remains considerable at present. To predict the effects of these changes, we need to improve our understanding of the responses of marine primary producers since these drive biogeochemical cycles and determine the structure and function of benthic habitats. The majority of experiments on the effects of ocean acidification on photoautrophs to date have mainly focused on oceanic microalgae, leaving benthic assemblages largely overlooked. Carbon dioxide vents are providing a means for examining and predicting the impacts …

Role, Identity, And Lawyering: Empowering Professional Responsibility, Natasha Martin

Faculty Articles

This piece was written for a program held by the American Association of Law Schools Section on Law and Humanities, "Excavating and Integrating Law and Humanities in the Core Curriculum," on January 5, 2012.The Professional Responsibility course has the potential to have the greatest impact on our students' futures in the profession. Paradoxically, however, it remains one of the most undervalued courses in most law school curricula. The complexity of teaching Professional Responsibility is well documented by scholars. Most teachers in this area, novices and veterans alike, acknowledge the challenge of teaching a course whose subject matter and application is …

The Behavioural Consequences Of Reduced Sea Water Ph In Decapod Crustaceans, Kate De La Haye

School of Biological and Marine Sciences Theses

The studies presented in this thesis were designed to investigate the effects of reduced sea water pH on the behaviour of intertidal decapod crustaceans, both within the context of the variations occurring naturally in the pH of rock pool habitats, and in relation to predicted changes to ocean pH resulting from ocean acidification and potential carbon dioxide (CO2) leaks from carbon capture storage (CCS) sites. Recent studies on marine fish have shown behavioural disruptions as a result of increased CO2 concentrations in sea water and reduced pH, but the effects on crustaceans are as yet unknown. The first two studies …

An Evaluation Of Tourism Communities And Community Responses To Tourism And Crime: A Case Study Of Two Cornish Destinations, Natalie Semley

Plymouth Business School Theses

The growth of mass tourism has placed great pressure on British seaside destinations, and has contributed to the social costs experienced by the resident population via symptoms of changing perceptions, attitudes and behaviour towards tourism, and the presence of higher crime rates. This thesis examines the social reality experienced by residents, and determines the impacts of tourism-related crime upon two tourist communities which are experiencing high levels of crime. The comparative study of a British seaside resort and a coastal town reveals that tourism communities are influenced by individual resident opinions. Simultaneously these communities influence resident perception and behaviour towards …

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 …

Bayesian Model Selection For Beta Autoregressive Processes, Roberto Casarin, L Dalla Valle, Fabrizio Leisen

School of Engineering, Computing and Mathematics

No abstract provided.

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?

The Plight Of The Individual Investor In Securities Class Actions, David H. Webber

Faculty Scholarship

Individual investors victimized by securities fraud have no voice in directing class actions brought on their behalf once institutional investors obtain lead plaintiff appointments. The same holds for state-level transactional class actions claiming breaches of fiduciary duty by boards of directors in connection with mergers and acquisitions. In theory, the interests of institutional and individual investors align, nullifying the need for a separate voice for individuals; one rationale for the lead plaintiff modifications of the Private Securities Litigation Reform Act of 1995 was that individuals would benefit from the sophistication of institutional investor lead plaintiffs. But in practice, individual investors’ …

The First Ever (Maybe) Original Jurisdiction Standings, David Hatton, Jay D. Wexler

Faculty Scholarship

One of the more interesting clauses of the Constitution is the one that gives the Supreme Court original jurisdiction to hear lawsuits brought by one state against another state. These cases have historically made up a consistent, though small, part of the Supreme Court’s docket, but nobody has yet to investigate how the various states have fared in these suits. In this article, we analyze all of the state versus state cases decided over the past 112 years and provide the first ever (we think) official standings of how the states stack up. Minnesota is the big winner.

Representing Injustice: Justice As An Icon Of Woman Suffrage, Kristin Collins

Faculty Scholarship

In this Essay, written as part of a symposium on Judith Resnik’s and Dennis Curtis's sumptuously illustrated volume Representing Justice, I offer a historically sensitive interpretation of the figure of Justice in woman suffrage spectacle and propaganda. American suffragists were drawn to Justice as a symbol of women's claim to political and legal rights. Why? Surely one reason is that, as Resnik and Curtis demonstrate, by the early twentieth century Justice had ascended as a distinctively resonant symbol of law and law's legitimacy in a democratic polity. Precisely because Justice was a legible symbol of law's legitimacy, she was ripe …

Deductions For Drug Ads? The Constitution Does Not Require Congress To Subsidize Direct-To-Consumer Prescription Drug Advertisements, Shoshana Speiser, Kevin Outterson

Faculty Scholarship

The First Amendment protects lawful, non-misleading advertising as commercial speech, which constrains Congressional attempts to regulate direct-to-consumer advertising (DTCA) of prescription drugs. But the Constitution does not require the federal government to subsidize advertising through the Tax Code. Congress could revoke the legislative gift of tax deductions for DTCA without running afoul of regulating speech. While DTCA proponents maintain that DTCA increases disease awareness and leads to more doctor-patient conversations, Congress could find that these purported benefits are outweighed by other negative consequences, including excessive prescribing.

Bulletin 2012-2013, Seattle University School Of Law

Viewbooks

No abstract provided.

Multi-Level Elections In Western Europe: Determinants Of Voting And The Role Of Salience., Jeremy Johns

Plymouth Business School Theses

Previous comparative research into the determinants of voting using aggregate data has suffered from two limitations: it relied predominantly on country-level data; and it seldom ventured beyond a consideration of one or two types of elections. In order to overcome these shortcomings, we use an original dataset in which data are aggregated to sub-national units; and include examples of national, sub-national, and supra-national elections. A total of 66 elections between 1995 and 2008 are included, drawn from ten Western European countries: Belgium, England, Finland, France, Greece, Ireland, Italy, the Netherlands, Spain, and Sweden. For each country, the same sub-national geographical …

Relationship Between Carbon Dioxide In Balcarka Cave And Adjacent Soils In The Moravian Karst Region Of The Czech Republic, Jiří Faimon, Monika Ličbinská, Petr Zajíček

International Journal of Speleology

Carbon dioxide concentration, air temperature, and humidity were monitored at (1) two cave sites and (2) three adjacent karst soils. The data over a one-year period are supported by dripwater chemistry and cave visiting frequency. The results indicate that the sources of cave CO2 are anthropogenic and epikarstic ones in addition to ordinary soils. Epikarstic CO2 produced under almost stationary conditions probably control dripwater chemistry and cave’s CO2 maxima. Based on breathing and door opening, anthropogenic activity affects instantaneous cave CO2 levels, depending on site volume/position and visitor number. A conceptual model of the CO2 dynamics of the soil-cave system …

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 …

Diagenesis Of A Drapery Speleothem From Castañar Cave: From Dissolution To Dolomitization, Andrea Martín-Pérez, Rebeca Martín-García, Ana M. Alonso-Zarza

International Journal of Speleology

A drapery speleothem (DRA-1) from Castañar Cave in Spain was subjected to a detailed petrographical study in order to identify its primary and diagenetic features. The drapery’s present day characteristics are the result of the combined effects of the primary and diagenetic processes that DRA-1 underwent. Its primary minerals are calcite, aragonite and huntite. Calcite is the main constituent of the speleothem, whereas aragonite forms as frostwork over the calcite. Huntite is the main mineral of moonmilk which covers the tips of aragonite. These primary minerals have undergone a set of diagenetic processes, which include: 1) partial dissolution or corrosion …

Spatially Dense Drip Hydrological Monitoring And Infiltration Behaviour At The Wellington Caves, South East Australia, Catherine N. Jex, Gregoire Mariethoz, Andy Baker, Peter Graham, Martin S. Andersen, Ian Acworth, Nerilee Edwards, Cecilia Azcurra

International Journal of Speleology

Despite the fact that karst regions are recognised as significant groundwater resources, the nature of groundwater flow paths in the unsaturated zone of such fractured rock is at present poorly understood. Many traditional methods for constraining groundwater flow regimes in karst aquifers are focussed on the faster drainage components and are unable to inform on the smaller fracture or matrix-flow components of the system. Caves however, offer a natural inception point to observe both the long term storage and the preferential movement of water through the unsaturated zone of such fractured carbonate rock by monitoring of drip rates of stalactites, …

Plymouth Families Project Evaluation 2011, Z James

School of Law, Humanities and Social Sciences

No abstract provided.

An Empirical Study Into Uk Customer Expectations Of Dining Out In Relation To Meal Cost, Christina Westhead

Plymouth Business School Theses

The continued growth of the UK dining out industry, and the unceasing trend in popularity for customers to spend time and money eating outside the home, has led to an increase in the number of dining out establishments, and competition between businesses. Although there have been studies examining aspects of the restaurant industry and food consumption outside the home, very little research has looked specifically at customer expectations. Therefore, this thesis examines customer expectations associated with the meal experience in relation to the varying costs of dining out opportunities. In addition, the study reflects on customers’ socio-economic characteristics combined with …

‘Implicit Creation’ – Non-Programmer Conceptual Models For Authoring In Interactive Digital Storytelling, Ulrike Martina Spierling

Plymouth Business School Theses

Interactive Digital Storytelling (IDS) constitutes a research field that emerged from several areas of art, creation and computer science. It inquires technologies and possible artefacts that allow ‘highly-interactive’ experiences of digital worlds with compelling stories. However, the situation for story creators approaching ‘highly-interactive’ storytelling is complex. There is a gap between the available technology, which requires programming and prior knowledge in Artificial Intelligence, and established models of storytelling, which are too linear to have the potential to be highly interactive. This thesis reports on research that lays the ground for bridging this gap, leading to novel creation philosophies in future …

Forced Options : Faculty Identity Development And Institutional Culture, Eileen Kogl Camfield

University of the Pacific Theses and Dissertations

Many faculty enter the professoriate with high ideals. They have identity conceptions of themselves as potential change-agents, expanding human knowledge and contributing to the greater good. Over time, for many, this idealism fades and is replaced with job dissatisfaction and bitterness. This study uses intersectionality as a theoretical frame to explore faculty identity development by examining the ways academic socialization into a competitive, hierarchical system privileges certain aspects of an individual's identity while imperiling others. In presenting data based on hour-long qualitative interviews with six mid-career university faculty members in the social sciences or humanities, the specific mechanisms that trigger …

Brief Of Amici Curiae Health Law & Policy Scholars And Prescriptions Policy Choices In Support Of Respondents On The Constitutional Validity Of The Medicaid Expansion In State Of Florida V. Department Of Health And Human Services, Kevin Outterson, Nicole Huberfeld

Faculty Scholarship

The Medicaid expansion in Section 2001(a)(1)(C) of the Patient Protection and Affordable Care Act is one part of Congress’s comprehensive effort to expand access to health care coverage. This expansion is not revolutionary, but builds on many prior statutory amendments to Medicaid. Nor does it alter the voluntary nature of the Medicaid program – as before, States remain free to decline federal funding. The Petitioners and their amici have mischaracterized the expansion to obscure these facts, hoping this Court will unravel this hard-fought legislative enactment.

The question presented is whether Congress may offer States generous additional funding for Medicaid, with …

Volcanic Caves: Priorities For Conserving The Azorean Endemic Troglobiont Species, Paulo A.V. Borges Prof., Pedro Cardoso, Isabel R. Amorim, Fernando Pereira, João P. Constância, João C. Nunes, Paulo Barcelos, Paulino Costa, Rosalina Gabriel, Maria L. Dapkevicius

International Journal of Speleology

Azorean lava-tubes and volcanic pits adequately sampled for arthropod fauna were evaluated for species diversity and rarity. An iterative partial multiple regression analysis was performed to produce a multi-criteria index (Importance Value for Cave Conservation, IV-CC) incorporating arthropod species diversity indices but also including indices qualifying cave geological and management features (e.g., the diversity of geological structures, threats, accessibility). Additionally, we calculated complementarity solutions (irreplaceability and Fraction-of-Spare measures) for each cave with different targets per species, i.e., the minimum number of caves needed for each species to be represented either once or twice. Our results clearly show that to preserve …

Speleogenetic Effects Of Interaction Between Deeply Derived Fracture-Conduit Flow And Intrastratal Matrix Flow In Hypogene Karst Settings, Alexander Klimchouk, Elizaveta Tymokhina, Gennadiy Amelichev

International Journal of Speleology

In carbonate rocks, especially in those with high primary porosity such as most Cenozoic carbonates, the interaction between deeply derived rising flow through sub-vertical fracture-controlled conduits and intrastratal matrix flow of shallower systems can invoke mixing corrosion and result in prominent speleogenetic effects. This paper outlines a conceptual model of such interaction and provides instructive field examples of relevant morphological effects from two different regions within the Prichernomorsky (north Black Sea) basin, where karst features are developed in lower Pliocene, Eocene and Paleocene limestones. In the Crimean fore-mountain region, extensive steep to vertical limestone scarps formed through recent exposure of …