Digital Commons Network^™

Jeffrey O'Connell And The Market In Tort Claims, Anthony J. Sebok

Articles

This article examines a transitional period in Jeffrey O'Connell's long and productive career as an observer and critic of the American civil justice system. By the early 1970's O'Connell had begun to abandon enterprise liability as a solution to the waste and undercompensation he saw in the tort system. Eventually O'Connell would develop solutions that focused on constraining plaintiffs' attorneys, and less on no-fault compensation. Before reaching this point, O'Connell proposed a no-fault insurance scheme that would be paid for by fault-based tort litigation. This proposal, which he called "elective first party no-fault insurance" ("EFPI") is the focus of this …

[Chapter 1 From] Welfare And Party Politics In Latin America, Jennifer Pribble

Bookshelf

Systems of social protection can provide crucial assistance to the poorest and most vulnerable groups in society, but not all systems are created equally. In Latin America, social policies have historically exhibited large gaps in coverage and high levels of inequality in benefit size. Since the late 1990s, countries in this region have begun to grapple with these challenges, enacting a series of reforms to healthcare, social assistance and education policy. While some of these initiatives have moved in a universal direction, others have maintained existing segmentation or moved in a regressive direction. Welfare and Party Politics in Latin America …

Moral Obligations Of Landowners: An Examination Of Doctrine, Stewart E. Sterk

Articles

Efficiency concerns generally take center stage in modern discussions of property's institutional foundations. But property's moral dimension has a far longer pedigree. Two of the ten commandments implicitly acknowledge the importance of property. "Thou shalt not steal" has no meaning in the absence of property ownership. Similarly, the command that "thou shalt not covet your neighbor's house" assumes that the house has an owner whose rights merit respect.

Nanopillar Array With A Λ/11 Diameter Fabricated By A Kind Of Visible Cw Laser Direct Lithography System, Chen Zhang, K. Wang, J. Bai, S. Wang, W. Zhao, F. Yang, C. Gu, Guiren Wang

Faculty Publications

Nanoscale functional structures are indispensable elements in many fields of modern science. In this paper, nanopillar array with a pillar diameter far smaller than Abbe's diffraction limit is realized by a new kind of continuous wave (CW) laser direct lithography technology. With atomic force microscopy technology, the average diameter of nanopillars on thin OIR906 photoresist film is about 65 nm and the smallest diameter is 48 nm, which is about 1/11 of the incident laser wavelength. Also, the influences of coma and astigmatism effects to the shape and size of nanopillar are numerically simulated by utilizing vector integral. As far …

Wave Propagation In Metamaterial Using Multiscale Resonators By Creating Local Anisotropy, Raiz U. Ahmed, Sourav Banerjee

Faculty Publications

Directional guiding, passing or stopping of elastic waves through engineered materials have many applications to the engineering fields. Recently, such engineered composite materials received great attention by the broader research community. In elastic waves, the longitudinal and transverse motion of material particles are coupled, which exhibits richer physics and demands greater attention than electromagnetic waves and acoustic waves in fluids. Waves in periodic media exhibit the property of Bragg scattering and create frequency band gaps in which the energy propagation is prohibited. However, in addition to the Bragg scattering, it has been found that local resonance of artificially designed resonators …

Affirmative Action Plan 2013, Office Of Equal Opportunity, Ethics, & Access

Affirmative Action Plans

Illinois State University Affirmative Action Plan

[Introduction To] Leadership And Elizabethan Culture, Peter Iver Kaufman

Bookshelf

Bringing together contributions from political, cultural, and literary historians, Leadership and Elizabethan Culture identifies distinctive problems confronting early modern English government during the reign of Queen Elizabeth I.

This diverse group of contributors examines local elites and church leadership, explores the queen, her councillors, as well as her struggles with Mary Stuart and Robert Devereux, earl of Essex, raises questions about Elizabeth's leadership, and the advice she received as well as the advice she rejected.

Selected, influential works by Shakespeare, Marlowe, Jonson, Sidney, and Bacon are put in their Elizabethan and contemporary critical contexts, rounding off the study of Elizabethan …

International Students At Uni: An Analysis Of Experiences, Kellie Petersen

Honors Program Theses

It is important that people feel welcome in a society. It contributes to the health and comfort of individuals as well as strengthens society as a whole. This is particularly important to immigrants, who are entering a new country and therefore a new society and culture. Due to their immigrant status, they may feel disconnected from this new society and culture. Such a feeling could be intensified if some individuals within the society and culture display xenophobia. This generally refers to intense and irrational dislike or even a fear of people from other countries, but for the purposes of this …

The Roberts Court And The Law Of Human Resources, Matthew T. Bodie

All Faculty Scholarship

The rise of human resources departments parallels the increase in the myriad statutory and regulatory requirements that govern the workplace. The Supreme Court's decisions in labor and employment law cases are largely monitored and implemented by HR professionals who must carry out these directives on a daily basis. This article looks at the Roberts Court's labor and employment law cases through the lens of human resources. In adopting an approach that is solicitous towards HR departments and concerns, the Roberts Court reflects a willingness to empower these private institutional players. Even if labor and employment law scholars do not agree …

Constitutional Change, Originalism, And The Vice Presidency, Joel K. Goldstein

All Faculty Scholarship

Constitutional formalists posit that the Article V amendment process represents the only legitimate method of achieving constitutional change. This view is challenged by numerous widely-accepted judicial decisions that have introduced new meaning into constitutional language by departing from original intentions, expectations, or meaning. A similar, though less discussed, process occurs as, independent of judicial work, constitutional institutions evolve to take forms inconsistent with what the Founders imagined or the language they wrote suggested.

The history of the Vice Presidency offers an important example of how onstitutional institutions do and should change, sometimes in ways quite different from what various theories …

More On Veils: Reply To Levitt And Mueller, Chad Flanders

All Faculty Scholarship

I thank Justin Levitt and Derek Mueller for their thoughtful replies to my article, which have helped me (at least) to understand my own position better. I also thank the Florida Law Review for giving me the opportunity to briefly respond to them. I can't (and probably couldn't) give detailed or persuasive answers to their questions; instead, I want to flag some issues that they bring up, and which deserve fuller consideration than I was able to give in my article.

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 …