Digital Commons Network^™

The Organization For Economic Cooperation And Development’S Role In International Law, James Salzman

Faculty Scholarship

The Organization for Economic Cooperation and Development (OECD) has played, and continues to play, an important and largely unrecognized role as a lawmaking body. The OECD occupies a unique space in the international lawmaking field, in large part because it was not established with lawmaking as a priority. In a small number of cases, however, it has played a significant role in crafting the emerging architecture of global governance. Case studies of the hazardous waste trade, the Bribery Convention, and the OECD Guidelines for Multinational Enterprises are presented to demonstrate a clear pattern. A topic of major concern arises on …

Controlling Financial Chaos: The Power And Limits Of Law, Steven L. Schwarcz

Faculty Scholarship

This Essay examines how law can help to control financial chaos. To that end, regulation should strive to not only maximize economic efficiency within the financial system but also protect the financial system itself. Any regulatory framework for achieving these goals, however, will be imperfect and have tradeoffs. Increasing financial complexity has created information failures that even disclosure cannot remedy, whereas law-imposed standardization would have its own flaws. Bounded human rationality limits the effectiveness of even otherwise ideal laws. Furthermore, the increasing dispersion of financial risk is undermining monitoring incentives. We also do not yet fully understand how systemic risk …

States’ Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

Faculty Scholarship

This article explores the arguments used by southern secessionists to explain why they left the Union. The article demonstrates that support for "states' rights" was not the main reason for secession, and that on the contrary, most of the slave states left the Union because the free states were exercising their states' rights in opposing slavery. The main reason for secession, as this essay shows, was the desire to protect slavery and to create a new nation, self-consciously based on slavery and white supremacy. This article began as part of an AALS legal history section program in 2010 and is …

A Neurological Foundation For Freedom, Nita A. Farahany

Faculty Scholarship

No abstract provided.

Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman

Faculty Scholarship

No abstract provided.

When Copyright Law And Science Collide: Empowering Digitally Integrated Research Methods On A Global Scale, Jerome H. Reichman, Ruth L. Okediji

Faculty Scholarship

Automated knowledge discovery tools have become central to the scientific enterprise in a growing number of fields and are widely employed in the humanities as well. New scientific methods, and the evolution of entirely new fields of scientific inquiry, have emerged from the integration of digital technologies into scientific research processes that ingest vast amounts of published data and literature. The Article demonstrates that intellectual property laws have not kept pace with these phenomena.

Copyright law and science co-existed for much of their respective histories, with a benign tradition of the former giving way to the needs of the latter. …

Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap

Faculty Scholarship

No abstract provided.

Concentration In Health Care Markets: Chronic Problems And Better Solutions, Barak D. Richman

Faculty Scholarship

Health care providers with market power enjoy substantially more pricing freedom than monopolists in other markets, for a reason not generally recognized: US-style health insurance. Consequently, monopolies in health care cause undesirable redistribution of wealth and inefficient allocation of resources, both of which burden consumers at levels beyond those of other monopolists. The unusual costliness of monopoly power in health care markets demands far more policy attention than it has received. For starters, the health sector needs a more aggressive antitrust policy that effectively prevents the creation of new provider market power through mergers, alliances, or government immunity. An immediate …

Fundamental Forces Driving United States And International Financial Regulations Reform, Lawrence G. Baxter

Faculty Scholarship

Multiple forces create a systemic crisis of the proportions of the Global Financial Crisis of 2008. Global and domestic financial reform is a difficult and perplexing task, one that is likely to take many years, and one that will surely continue to be shaped by a diverse range of forces. Recent measures remain incomplete and in some cases are even proving to be misdirected. This article considers seven fundamental forces shaping actions on future reform, specifically the (1) long term impact of the Crisis (and all financial crises); (2) increase in the “financialization” of the global economy, seemingly disproportionate to …

Analysis And Synthesis Of Metadata Goals For Scientific Data, Craig Willis, Jane Greenberg, Hollie C. White

Faculty Scholarship

The proliferation of discipline-specific metadata schemes contributes to artificial barriers that can impede interdisciplinary and transdisciplinary research. The authors considered this problem by examining the domains, objectives, and architectures of nine metadata schemes used to document scientific data in the physical, life, and social sciences. They used a mixed-methods content analysis and Greenberg’s (2005) metadata objectives, principles, domains, and architectural layout (MODAL) framework, and derived 22 metadata-related goals from textual content describing each metadata scheme. Relationships are identified between the domains (e.g., scientific discipline and type of data) and the categories of scheme objectives. For each strong correlation …

Analysis Of Covert Software Behavior, Zhen Huo

Dissertations and Theses @ UNI

In general, users are isolated from the inner-workings of software. The behavior of software is analogous to a "black box," performing user-directed tasks in a predictable way. But this isolation of the inner-workings can foster both curiosity and suspicion of the goings-on "under the hood," especially when the software is closed-source, as is the case with a majority of commercial software. When talking about behaviors of software from the outside perspective of the end user, concerns are raised about issues including memory leaks, data integrity, confidential, etc. This paper discusses several techniques for scrutinizing and eliciting covert behavior of applications …

Services Liberalization In The Philippines: A Capacity Needs Assessment For Aec 2015, Fernando T. Aldaba, Rafaelita M. Aldaba

Economics Department Faculty Publications

The paper aims to assess and determine the capacity-building needs required to liberalize trade in services in the Philippines. Through the ASEAN Framework Agreement on Services, the Philippines has committed to liberalize various sectors including air transport, maritime transport, construction, financial services, and telecommunications. The overall progress of services liberalization has been modest compared to trade in goods due mainly to constitutional restrictions, limitations on market access, and application of the national treatment principle. Apart from these constitutional and legal constraints, the other obstacles to services liberalization include high cost of doing business, inadequate infrastructure, and governance issues affecting the …

Front Matter: The State Of The Region: Hampton Roads 2012, Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

Cover, front matter, table of contents, and other materials for the 2012 The State of the Region report authored by the Regional Studies Institute at Old Dominion University

Part 1: Gathering Steam: The Regional Economy Recovers (Slowly), Regional Studies Institute, Old Dominion University

State of the Region Reports: Hampton Roads

We continue to do better than the nation, but our regional economic recovery has been slow. The port, regional tourism and residential housing have yet to regain the ground they lost during the recession and the outlook for defense spending is hazardous.

United States Environmental Protection Agency Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

United States Environmental Protection Agency Scientific Integrity Policy (2012).

The Prison Fix: Race, Work, And Economic Development In Elmira, New York, Andrea R. Morrell

Dissertations, Theses, and Capstone Projects

Based on more than a year of ethnographic and archival research in Elmira, New York and, to a lesser extent, New York City, this dissertation analyzes the social, economic, and political processes through which Elmira, New York was transformed by the construction of the Southport Correctional Facility in 1988 as a project of economic development during a period of massive expansion of the New York State prison system. It focuses on the unfolding of the project of mass incarceration and its impact on the lives of Elmira's citizens and workers, as well as the men incarcerated in Elmira's prisons and …

The Creeks, Beaches, And Bay Of The Jamaica Bay Estuary: The Importance Of Place In Cultivating Relationships To Nature, Kristen L. Van Hooreweghe

Dissertations, Theses, and Capstone Projects

It is often assumed that people living in urban areas lack connections to the natural world and are the source of environmental problems. This assumption, however, is an oversimplification of urban life. Employing an eco-ethnography, with participant observations, qualitative interviews, and an environmental history, this study examines New York City's Jamaica Bay estuary and surrounding neighborhoods to understand how residents cultivate their relationships to nature in a dense urban setting. Many residents near Jamaica Bay have developed a strong connection to place that is rooted in their regular, embodied experiences living, working, playing, and praying on the Jamaica Bay estuary. …

Strategic Citizenship: Dual Marginalization And Organized Transnational Political Mobilization Among Ecuadorian And Dominican Migrants, Howard Caro-Lopez

Dissertations, Theses, and Capstone Projects

What factors define transnational political participation and citizenship for contemporary migrants? This dissertation focused on how and why migrant activists from Ecuador and the Dominican Republic pursued political engagement, how their home country governments influenced migrants‘ political activities, and how migrant organizations shaped their transnational activities. The study found that transnational political participation among these two populations was driven by a dual marginalization narrative, where migrants draw from their personal experiences to conclude that they are marginalized in both the U.S. and in their countries of origin based on their status as migrants. Ecuadorian and Dominican political organization leaders use …

Characteristics Of Turnaround Pastors, Gordon Penfold

Great Commission Research Journal

While the population of the United States grows, the percentage of people attending church continues to plummet. Much of the drop can be attributed to the 70% to 85% of the churches that have plateaued or declined in attendance. However, bright spots are on the church landscape. Many churches, after decades of plateau or decline, begin to turn around and grow as they are led by “turnaround” pastors. This paper explores the leadership characteristics of turnaround pastors in contradistinction to non-turnaround pastors and argues that church renewal and church planting are critical components needed for a healthy twenty-first century church.

How Do Secondary Science Teachers Understand And Implement Technological Design In Their Classrooms?, Kathryn H. Heroux

Dissertations

This qualitative, phenomenological study examined how ten secondary science teachers from a variety of different schools around the country understand and implement technological design in their classrooms. The results of this study indicate that these teachers were drawn to the tenets of technological design because of its inherent challenge to their own pedagogical strategies, and its ability to stimulate and motivate their students. The future of science education with respect to technological design is examined, and compared with the standards that will emerge in the new science standards soon to be finalized and circulated.

The Development Of Science Identity: An Evaluation Of Youth Development Programs At The Museum Of Science And Industry, Chicago, Sam Cole

Dissertations

The following dissertation presents findings from a year-long evaluation of informal scientific education programs at the Museum of Science and Industry in Chicago, Illinois. Science identity, rather than scientific knowledge, was the analytic lens through which the programs' effectiveness was assessed. A goal of the Museum generally, and the programs specifically, is to increase public identification with the field of science. Science identity was assessed using a novel survey instrument and three focus groups. Hierarchical linear models found a positive relationship between time enrolled in the Science Minors program and the development of science identity. These analyses also point to …

Secondary School Science Department Chairs Leading Change, Julie Ann Gaubatz

Dissertations

Secondary school department chairs are content area specialists in their schools and are responsible for providing students with the most appropriate curricula. However, most secondary school department chairs have limited authority to institute change unilaterally (Gmelch, 1993; Hannay & Erb, 1999). To explore how these educational leaders navigate the change process within their departments, this study examined the change stories of six secondary school science department chairs who had led change attempts. In total, these department chairs shared six stories of successful change attempts and four unsuccessful change attempts. The topics of leadership and change were accessed through department chair …

Effects Of Binge Alcohol Exposure On Canonical Wnt Signaling During Fracture Repair, Kristen Leigh Lauing

Dissertations

Excessive alcohol consumption is associated with increased fracture risk, delayed bone healing and fracture non-union. Binge alcohol consumption has occurred in 25-40% of all orthopaedic trauma cases. The canonical Wnt pathway, through tight regulation of stabilized beta-catenin, plays an essential and pivotal role in the formation of new bone and cartilage to initiate bone repair. We sought to determine the molecular mechanisms behind alcohol-related fracture complications by testing the hypothesis that binge alcohol exposure deregulates canonical Wnt signaling in the fracture callus, leading to impaired healing.

To test this, C57BL/6 or beta-catenin/TCF-reporter male mice were exposed to intraperitoneal alcohol or …

Leadership Team Actions That Manifest Collective Autonomy And Their Impact On Student Growth And Curriculum, Brian Keith Wegley

Dissertations

To be successful in the age of accountability, principals and all school leaders need to continue to build their capacity to lead meaningful, systemic and sustainable student improvement efforts that incorporate the required areas of reading and mathematics. A review of the educational literature revealed several studies that identified the limitations of America's current school accountability movement and described the narrowing of curriculum as a negative side effect of No Child Left Behind.

Educational research on leadership included a multitude of studies and leadership models for implementing change; this study focused on ideas contained within Zmuda, Kuklis and Kline's (2004) …

Recollecting Turbulence: Catastrophe And Sacrifice In The "History Of My Life" By Henry Darger, Carl Watson

Dissertations, Theses, and Capstone Projects

This study of "The History of My Life" the 5,086 page autobiographical text by the outsider artist/author Henry Darger, uses non-linear modes of analysis, such as chaos and complexity theory, to explore the meaning of Darger's epic narrative. Beginning with the idea that turbulence, seemingly chaotic, actually comes about as a compensatory restructuring of inadequate or unstable system dynamics, this study goes on to show that, as both influence and effect, turbulence is found at every level of Darger's life and art, both in theme and structure. "My Life" is a prime example: an extended narrative describing a cataclysmic tornado, …

Beyond The Scores: Mathematics Identities Of African American And Hispanic Fifth Graders In An Urban Elementary Community School, Paula Jenniver Fleshman

Dissertations, Theses, and Capstone Projects

As mathematics identity affects students' learning and doing of mathematics, it is critical to understand the mathematics identities of African American and Hispanic students as the mathematical performance and pursuits of far too many continue to lag behind. Further, as community schools have been shown to positively impact students in urban communities, it is also critical to understand how mathematics identities are developed within community schools. This study explores the culture, structures, and processes of an urban elementary community school including its afterschool archery program relative to fifth grade students' mathematics identities. It also explores students' math positioning, enactment, and …

Why Party Democrats Need Popular Democracy And Popular Democrats Need Parties , Ethan J. Leib, Christopher S. Elmendorf

Faculty Scholarship

Too often, popular political power-whether it is in the form of direct democracy or other more innovative forays in participatory or deliberative democracy-presents itself principally as a counterweight to the political power parties wield. Yet setting up "popular democracy" and '"party democracy" in opposition to one another in the American political landscape is not only unnecessary but also pathological: this oppositional posture risks the ossification of party democracy and keeps popular democrats insulated from the substantial improvements the power of parties could bring to the polity. This Article, accordingly, seeks to enrich both party democracy and popular democracy by showing …

The Impact Of Involvement Of African American Parents On Students’ Achievement In A Middle School, Raquel Lopez

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to provide better understanding of issues related to parental involvement to school officials and scholars. The parental involvement at the school was very low and academic achievement was also low. The school leaders were requested to increase parental involvement and the School Improvement Plan specified that such increase would occur. The parents of the students were interviewed and surveyed in order to access current information as to why the participation was low. In addition, parents of high-achieving students and parents of low-achieving students were interviewed and surveyed separately in order to establish the possibility of …

2011 Legislative And Administrative Review, Patrick Graves, Keith Mosman, Shayna Rogers

Animal Law Review

It is my pleasure to introduce Animal Law’s fourteenth annual Legislative and Administrative Review. The 2011 Legislative and Administrative Review analyzes some of the year’s most groundbreaking developments in animal-related state and federal legislation, such as federal regulations of genetically engineered fish and attempts by state legislatures to overturn animal-related citizen initiatives.

Additionally, for the first time in Animal Law’s history, this year’s Review also includes an analysis of some of the most important animal-related administrative law developments of the year. Because many decisions impacting animals occur in the administrative arena, it is our hope that the administrative section complements …

A Short History Of (Mostly) Western Animal Law: Part I, Thomas G. Kelch

Animal Law Review

This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. While economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment we see social engineering—efforts to change human behavior—come to the fore. In …