Digital Commons Network^™

What Is The Value Of Participation?, Chad Flanders

All Faculty Scholarship

In the days after the 2012 presidential election, the pictures became drearily familiar: long lines at polling places from Election Day; people waiting four, five, even six hours in order to vote.¹ The causes? Not enough polling booths. Not enough election workers. Voting machines that did not work, or were too old. Early voting days that were off, then on, then off again. The results? Confusion. Frustration. What might have been an inspiring picture, had it been the first election in some recently democratized country, instead turned into an embarrassment. Even Russia-a famously dysfunctional polity-got into the act. In …

What Brady V. N.F.L. Teaches About The Devolution Of Labor Law, Michael C. Duff

All Faculty Scholarship

In this essay I argue that the Eight Circuit got things very wrong when it found, in Brady v. National Football League, that a district court’s injunctions issued against the NFL in connection with player-filed antitrust suits were barred by the Norris LaGuardia Act of 1932 (NLGA). I argue that the Court’s misreading of the NLGA strikes at the “statutory music” of labor law so dramatically as to represent a judicial unmooring from it. I chronicle other recent important, but relatively minor, judicial departures from the music. I also discuss a major but less recent departure – the employer lockout. …

An Economic Model To Value Companion Diagnostics In Non-Small-Cell Lung Cancer, Robert D. Lieberthal, Kellie Dudash, Rita S. Axelrod, Neil I. Goldfarb

College of Population Health Faculty Papers

Aim: An economic model was used to evaluate the potential economic impact and cost–effectiveness of companion diagnostic testing for patients with non-small-cell lung cancer (NSCLC). Materials & methods: A decision analysis model examined alternative patient management strategies for patients with advanced NSCLC who were not amenable to surgical treatment. A review of the literature provided the variables used to develop a timely base case and sensitivity analysis. A potential future scenario was also modeled. The model includes three options: conventional treatment (CT), new treatment (NT) and companion diagnostic (CD) strategy. Results: In the base case analysis based upon current data, …

What Are The Characteristics That Explain Hospital Quality? A Longitudinal Pridit Approach, Robert D. Lieberthal, Dominique M. Comer

College of Population Health Faculty Papers

Health outcomes vary substantially between high and low quality institutions, meaning the difference between life and death in some cases. Prior literature has identified a number of variables that can be used to determine hospital quality, but methodologies for combining variables into an overall measure of hospital quality are not well developed. This analysis builds on the prior investigation of hospital quality by evaluating a method originally developed for the detection of healthcare fraud, Pridit, in the context of determining hospital quality. We developed a theoretical model to justify the application of Pridit to the hospital quality setting and then …

Full Issue 42(2)

International Journal of Speleology

All articles in Volume 42 Issue 2. Does not include cover image.

Economics And/Of Science: The Meaning(S) Of Financial Bias And The Ideal Of Interest-Free Science In Law, David S. Caudill

Faculty Publications

Images of scientific research and funding conventions are important in legal contexts when, for example, a trial judge or agency administrator evaluates the integrity of a scientific expert or risk assessment report — is industry affiliation or sponsorship of research a marker of bias, and should the results of “independent” research be given greater weight? In the discourse concerning the commercialization of science, there is a geography of positions reflecting different images of how science is affected by, or alternatively rises above, financial or economic pressures or entanglements. Of course, science costs and has always cost a lot of money, …

California Dreaming: The California Secure Choice Retirement Savings Trust Act, Edward A. Zelinsky

Articles

Half of American workers are not covered by employer-sponsored retirement arrangements. The recently passed California Secure Choice Retirement Savings Trust Act seeks to solve this problem by mandating retirement savings arrangements for California employers, coupled with a public investment vehicle for investing these private retirement savings. The Act is important because of California’s size and status as a trendsetter for other states.

This Article is the first to examine the important legal questions the Act raises under the Internal Revenue Code and ERISA. Contrary to the drafters’ intent, the savings accounts authorized under the Act do not qualify as individual …

[Chapter 1 From] The Power Of Invisible Leadership: How A Compelling Common Purpose Inspires Exceptional Leadership, Gill Robinson Hickman, Georgia J. Sorenson

Bookshelf

A powerful force draws people to leadership in countless businesses, nonprofits, government agencies, and social movements—we call it invisible leadership. Invisible leadership embodies situations in which dedication to a compelling and deeply held common purpose is the motivating force for leadership. Common purpose is more than a mission statement. It is a profound sense of common destiny, a life course or calling, aligned with a mission that resonates profoundly with our values and our sense of ourselves and others.

This readable, research-based book shows readers how invisible leadership exists in the space between leaders and followers, artists and subjects, …

[Introduction To] Global Climate Change: Turning Knowledge Into Action, David E. Kitchen

Bookshelf

The science of climate change is a complex subject that balances the physical record and scientific fact with politics, policy, and ethics—and is of particular importance to the geosciences. This thoughtfully crafted new text and accompanying media encourage non-science majors to practice critical thinking, analysis, and discourse about climate change themes. Taking a cross-disciplinary approach, acclaimed educator and researcher, David Kitchen, examines not only the physical science, but the social, economic, political, energy, and environmental issues surrounding climate change. His goal: to turn knowledge into action, equipping students with the knowledge and critical skills to make informed decisions, separate facts …

Exploring The Third Culture Building Approach For Effective Cross-Cultural Interaction For Black American Professionals In Predominantly White Institutions, Tessa R. Sutton

University of the Pacific Theses and Dissertations

Professional interactions that are both functional and mutually beneficial are rare. The purpose of this study is to explore an application of a Third Culture Building (TCB) approach, a mutually constructed interpersonal process between two individuals, for Black American professionals (with advanced knowledge acquired from institutions of higher learning), to generate a new space in Predominantly White Institutions (PWis). These institutions include settings where the racial composition is becoming consistently more diverse (through past desegregation efforts). Although the U.S. has moved beyond integration and the monumental Civil Rights Movement of the 1960s, racism and intercultural barriers that prevent functional cross-cultural …

{2,2'-[N,N'-Bis(Pyridin-2-Ylmeth­Yl)Propane-1,3-Diyldi(Nitrilo)]Di­Acetato}­Cobalt(Iii) Hexa­Fluoridophosphate Aceto­Nitrile 0.064-Solvate, Craig C. Mclauchlan, Daniel S. Kissel, William R. Arnold, Albert W. Herlinger

Faculty Publications – Chemistry

In the title compound, [Co(C19H22N4O4)]PF6·0.064CH3CN, commonly known as [Co(bppd)]PF6·0.064CH3CN, where bppd represents the historical ligand name N,N'-bis(2-pyridylmethyl)-1,3-diaminopropane-N,N'-diacetate, the CoIII atom is coordinated in a distorted octa­hedral geometry with an N4O2 donor atom set. The acetate O atoms, which exhibit monodentate coordination, are oriented in a trans configuration with respect to each other, whereas the pyridyl N atoms are coordinated in a cis configuration. The compound crystallizes with two crystallographically unique cations and two anions per asymmetric unit along with a disordered, partially occupied (occupancy = 0.128) aceto­nitrile solvent mol­ecule. Crystals of the title …

Patent Prior User Rights: What's The Fuss, Jacob Neu

Vanderbilt Law Review

No abstract provided.

Injury In Fiction, Ryan H. Nelson

Vanderbilt Law Review

No abstract provided.

General Jurisdiction And The Transnational Law Market, Donald Earl Childress Iii

Vanderbilt Law Review

No abstract provided.

Tips For Capturing 2014 Federal Court Clerkships, Carl Tobias

Vanderbilt Law Review

No abstract provided.

Professional Staffing Levels And Fourth-Grade Student Research In Rural Schools With High-Poverty Levels, Karla Steege Krueger, Jean Donham

Curriculum & Instruction Faculty Publications

Rural schools in high-poverty areas are often understaffed. This descriptive phenomenological study examined fourth-grade state research projects in high- poverty rural Iowa schools to reveal the influence of school librarians’ staffing levels on student learning of research skills. To determine evidence of students’ critical literacy, ethical use of information, content learning, and understanding of the inquiry process, researchers analyzed twenty-four student work samples from eight schools, along with students’ responses to questionnaires and school librarians’ responses to surveys. Six (66 percent) student work samples in higher-staffed schools showed higher critical-literacy scores than those in the five lower-staffed schools. Six (of …

International Panther, Winter 2013-2014, University Of Northern Iowa. Culture And Intensive English Program.

International Panther

Inside this issue:

-- UNI Connections: Student Health Clinic
-- CIEP Alumni
-- CIEP Special Program
-- Recruiting
-- Activities
-- CIEP Student
-- Staff Spotlight

"Gray Zone" Constitutionalism And The Dilemma Of Judicial Independence In Pakistan, Anil Kalhan

Vanderbilt Journal of Transnational Law

Many countries exist in a "gray zone" between authoritarianism and democracy. For countries in this conceptual space--which is particularly relevant today given the halting path of change in the Arab world--scholars, judges, and rule of law activists conventionally urge an abstract notion of' judicial independence" as a prerequisite for successful democratic transition. Only recently, for example, Pakistan's judiciary was widely lauded for its "independence" in challenging the military regime. However, judicial independence is neither an all-or-nothing concept nor an end in itself. With the return of civilian rule in Pakistan, a series of clashes between Parliament and the Supreme Court …

Jurisdictional Standards (And Rules), Adam L. Muchmore

Vanderbilt Journal of Transnational Law

This Article uses the jurisprudential dichotomy between two opposing types of legal requirements--"rules" and "standards"--to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible.

The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency of extraterritorial regulation to …

Lexis Nexus Complexus: Comparative Contract Law And International Accounting Collide In The Iasb-Fasb Revenue Recognition Exposure Draft, Kurt S. Schulzke, Gerlinde Berger-Walliser, Pier L. Marchini

Vanderbilt Journal of Transnational Law

U.S. and international accounting-standard setters plan to launch a new, global revenue accounting standard, Revenue from Contracts with Customers, in 2013. Poised at the nexus of comparative contract law and international accounting, the proposal's contract-based revenue recognition model creates new legal risks and opportunities for accountants, lawyers, clients, and financial statement users. Despite its focus on legally enforceable contracts, the proposed standard was drafted without input from the legal community. This Article models the proposal's complex contract-analysis process, demonstrating that its revenue outcomes may vary materially because of seemingly minor interjurisdictional differences in law applicable to "open-price" contracts; offers practice …

Hate Speech And Persecution: A Contextual Approach, Gregory S. Gordon

Vanderbilt Journal of Transnational Law

Scholarly work on atrocity-speech law has focused almost exclusively on incitement to genocide. But case law has established liability for a different speech offense: persecution as a crime against humanity (CAH). The lack of scholarship regarding this crime is puzzling given a split between the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia on the issue of whether hate speech alone can serve as an actus reus for CAH-persecution. This Article fills the gap in the literature by analyzing the split between the two tribunals and concluding that hate speech alone may be the …

Beyond Regulation: A Comparative Look At State-Centric Corporate Social Responsibility And The Law In China, Virginia H. Ho

Vanderbilt Journal of Transnational Law

Corporate social responsibility (CSR) is often understood as the voluntary actions firms take beyond legal compliance. However, in recent years, governments around the world have also begun to actively promote CSR, reflecting broader governance trends that embrace "soft law," quasi-voluntary standards, and other novel incentives to move companies toward and beyond minimum regulatory goals. Comparative legal scholarship has only recently begun to consider the intersections of these mechanisms with positive law, formal institutions, and traditional regulatory enforcement structures. The adoption of these policies in historically weak regulatory environments raises puzzling questions about their motivation, scope, and potential. As a leader …

Towards A Declaratory School Of Government Recognition, Joshua Downer

Vanderbilt Journal of Transnational Law

Recognition of governments has historically been a political matter. Governments could choose to recognize or not to recognize any other government, free from the auspices of international law. However, in the wave of prodemocracy optimism after the dissolution of the Soviet Union, a group of international legal scholars declared the existence of a universal democratic entitlement, which implied that recognition of governments had legal significance. These scholars, known collectively as the Manhattan school, are generally regarded as having vastly overstated the legal implications of the shift toward democratic governance. While it is true that there is scant evidence of a …

Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price

Vanderbilt Journal of Transnational Law

Statelessness exists in the United States--a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …

Solving "The Gravest Natural Resource Shortage You've Never Heard Of": Applying Transnational New Governance To The Phosphate Industry, Chelsae R. Johansen

Vanderbilt Journal of Transnational Law

Experts believe that global reserves of phosphates, an essential and irreplaceable ingredient in fertilizers, will only last another fifty to one hundred years. Although the consequences of a phosphate shortage include a global famine and decreased world population, the phosphate industry today operates with little concern for sustainable mining and use of the resource. Because the current system of international governance is neither raising awareness of the looming phosphate shortage nor incentivizing phosphate-industry members to act sustainably, the future of phosphates and of food security depend on a decentralized system of internal industry governance known as Transnational New Governance. This …

Proportionality In Military Force At War's Multiple Levels: Averting Civilian Casualties Vs. Safeguarding Soldiers, Ziv Bohrer, Mark Osiel

Vanderbilt Journal of Transnational Law

To what lengths may a state go to protect its soldiers in war? May it design its military operations to further that goal if this significantly increases civilian casualties? International law currently offers no clear answers. Because recent wars have seen many states prioritize soldier safety over avoiding civilian casualties, spirited debate has arisen over the legal defensibility of this practice. This debate currently focuses on an ethics code proposed by two influential Israeli thinkers and allegedly embodied in Israel's conduct of its 2008-2009 Gaza war with Hamas. This Article shows that current discussion fails to appreciate how judgments about …

Is Seasteading The High Seas A Legal Possibility? Filling The Gaps In International Sovereignty Law And The Law Of The Seas, Ryan H. Fateh

Vanderbilt Journal of Transnational Law

Seasteading--homesteading of the modern era--is a desire to develop above-water settlements in international waters known as seasteads. Once a fleeting dream, seasteading has entered the realm of possibility with the technological advancements and financial contributions of The Seasteading Institute (TSI). TSI's ultimate goal is ambitious: to establish permanent seasteads as sovereign states recognized by the United States and eventually by other members of the United Nations. Because international law promulgated by the United Nations addresses only state actors and TSI is a nonstate actor, this Note argues that international law does not prohibit the seastead communities from merely existing in …

A Behavioral Economic Approach To Nuclear Disarmament Advocacy, Alexander S. Rinn

Vanderbilt Journal of Transnational Law

Nuclear disarmament advocates have provided a strong moral voice for the total disarmament of nuclear weapons, but if they are to remain credible participants in the disarmament process, they must redouble their efforts to assist in the difficult technical and political obstacles that stand in the way of a world without nuclear weapons. This Note first outlines impediments to disarmament towards which advocates could helpfully direct their attention, such as: conventional force imbalances; developing "proliferation-safe" civil nuclear technologies; enforcing nonproliferation obligations; and verifying nuclear disarmament. Second, it explains how tools from behavioral economics and negotiation theory could inform a more …

Reverse-Rhetorical Entrapment: Naming And Shaming As A Two-Way Street, Suzanne Katzenstein

Vanderbilt Journal of Transnational Law

"Naming and shaming," the process of exposing, publicizing, and condemning human rights abuses, is one of the most important and common strategies used by human rights advocates. In an international political system where power is typically defined in terms of military strength and market size, advocacy groups draw on a mixture of moral and legal means to pressure governments to improve their human rights behavior. In general, the mere act of naming and shaming can promote human rights norms by reinforcing the shared understanding that some types of government conduct are beyond the pale.'

Naming and shaming may also work …

Cognitive Conflicts And The Making Of International Law: From Empirical Concord To Conceptual Discord In Legal Scholarship, Jean D'Aspremont

Vanderbilt Journal of Transnational Law

The international legal scholarship, in its quest for a paradigm able to apprehend international norm-generating processes qualifying as lawmaking, has been oscillating between static approaches and dynamic approaches. The former are based on the author of the norm (subjecthood) or its formal origin (pedigree) whilst the latter (e.g., participation) try to capture and explain the intricate and multidimensional fluxes between the authors of the norms and the norms themselves (impact or dynamic pedigree). International legal scholars have thus been resorting to various and diverging paradigms to make sense of international lawmaking. All of these approaches will be described in further …