Digital Commons Network^™

The Fraud-On-The-Market Tort, John C.P. Goldberg, Benjamin C. Zipursky

Faculty Scholarship

Fraud on the market is at the core of contemporary securities law, permitting 10b-5 class actions to proceed without direct proof of investor reliance on a misrepresentation. Yet the ambiguities of this idea have fractured the Supreme Court from its initial recognition of the doctrine in Basic v. Levinson to its recent decision in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds. Amidst divergent views of the coherence and advisability of liability for fraud on the market a fundamental question lurks: is a suit for damages that invokes the fraud-on-the-market theory a claim for common law deceit, such that …

Critical Legal Studies In Intellectual Property And Information Law Scholarship, (Symposium), Sonia K. Katyal, Peter Goodrich, Rebecca L. Tushnet

Faculty Scholarship

No abstract provided.

Federal Criminal Discovery Reform: A Legislative Approach, Bruce A. Green

Faculty Scholarship

In general, discovery is far narrower in federal criminal cases than in federal civil litigation. Under current federal law, prosecutors do not have to disclose evidence and information that is favorable to the defense for its use in investigating, advising the defendant, plea negotiations or trial, unless the favorable evidence falls within one of several narrow categories or might be probative enough to produce an acquittal. Proponents of broader federal criminal discovery law express concern both that disclosure is too limited to ensure fair outcomes and provide a fair process in criminal cases and that prosecutors do not universally comply …

Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent

Faculty Scholarship

The emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …

The Regulation Of Race In Science, Kimani Paul-Emile

Faculty Scholarship

The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by looking to equal protection strict scrutiny analysis. However, the colorblind approach that attends this doctrine — which many regard as synonymous with invalidation — does not offer a particularly useful way to think about the use of race in research. It offers no way to address how …

Shields, Swords, And Fulfilling The Exclusionary Rule's Deterrent Function, James L. Kainen

Faculty Scholarship

When the exclusionary rule prevents the prosecution from using evidence necessary to bring a case to trial, the rule deters illegality while raising no issue about how it might interfere with usual factfinding processes. However, when a case proceeds to trial although a court has suppressed some prosecution evidence, courts need to decide the extent to which the defendant may benefit from the absence of the proof without opening the door to its admission. The exclusion of any relevant evidence raises similar questions, and courts often say the exclusionary rule is a shield from suppressed evidence, but not a sword …

State Speech And Political Liberalism, Abner S. Greene

Faculty Scholarship

Jim Fleming and Linda McClain have written an impressive book on the responsible exercise of rights, which flows from prior writing by each.Their title, "Ordered Liberty," is a bit of a misnomer, however. When one thinks of that phrase, one thinks of the ways in which we balance liberty against order, i.e., against security, police power, controlling the excesses of liberty. Responsibility in the exercise of rights is an aspect of how rights are orderly, but the major hard cases involving rights are hard because significant claims of harm are in play. Think of much of constitutional criminal procedure, free …

The Relational Infrastructure Of Law Firm Culture And Regulation: The Exaggerated Death Of Big Law, Russell G. Pearce, Eli Wald

Faculty Scholarship

In recent years, the ethical infrastructure and culture of law firms has come under attack from commentators, such as Larry Ribstein, Bill Henderson, and Marc Galanter, who, in related ways, predict "the death of Big Law." They assert that the individualistic ethical infrastructure and culture of large firms undermine their commitment to professional values and will result in their failure to prepare for, and to survive, long term economic and technological trends. We identify a contradiction at the heart of this analysis. While these critiques correctly identify the individualistic flaws of law firm culture, they share the same individualistic assumptions. …

Oil And Water: Mixing Taxable And Tax-Exempt Shareholders In Mutual Funds, Jeffrey M. Colon

Faculty Scholarship

As of 2012, roughly 23% of U.S. households’ assets and 50% of retirement assets are invested in mutual funds, thus making mutual funds one of the most important investment vehicles for U.S. households. The federal taxation of mutual funds and mutual fund shareholders has played a vital role in the development of mutual funds and their appeal to U.S. investors. Despite the significant amount of mutual fund assets held in retirement accounts, there has been very little analysis of the issues that arise when taxable and tax-exempt shareholders invest together in the same mutual fund. A substantial body of research …

The Mobility Case For Regionalism, Nestor M. Davidson, Sheila R. Foster

Faculty Scholarship

In the discourse of local government law, the idea that a mobile populace can “vote with its feet” has long served as a justification for devolution and decentralization. Tracing to Charles Tiebout’s seminal work in public finance, the legal-structural prescription that follows is that a diversity of independent and empowered local governments can best satisfy the varied preferences of residents metaphorically shopping for bundles of public services, regulatory environment, and tax burden. This localist paradigm generally presumes that fragmented governments are competing for residents within a given metropolitan area. Contemporary patterns of mobility, however, call into question this foundational assumption. …

Trademark Cosmopolitanism, Sonia K. Katyal

Faculty Scholarship

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local to transnational social movements that challenge branding and other corporate practices. The rise of transnational brands brings with it an attendant series of legal shifts in trademark law. Long considered the stepchild of intellectual property law, today, trademark law has morphed into a powerful global legal phenomenon, revealing a foundational shift from national and regional …

The Role Of The Judge In Non-Class Settlement, Howard M. Erichson

Faculty Scholarship

This commentary argues that judges lack the authority, as a general matter, to approve or reject non-class settlements. While judges overseeing mass litigation can set the stage for settlement by instituting phased discovery, scheduling bellwether trials, and other methods, they should respect the line between facilitation of settlement and control over settlement terms. The paper was presented in response to Judge Alvin Hellerstein’s and his special masters' account of their handling of the September 11 clean-up litigation.

Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson

Faculty Scholarship

The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And when delta share cropper Hartman Turnbow, after a shootout with the Klan, said “I don’t figure I was being non-nonviolent, (yes non-nonviolent) I was just protecting my family”, he was invoking an evolved tradition that embraced self-defense and disdained political …

The Right To Plea Bargain With Competent Counsel After Cooper And Frye: Is The Supreme Court Making The Ordinary Criminal Process Too Long, Too Expensive, And Unpredictable In Pursuit Of Perfect Justice, Bruce A. Green

Faculty Scholarship

In Lafler v. Cooper and Missouri v. Frye, the Supreme Court recently ruled in favor of criminal defendants who were deprived of a favorable plea offer because of their lawyers’ professional lapses. In dissent, Justice Scalia complained that “[t]he ordinary criminal process has become too long, too expensive, and unpredictable,” because of the Court’s criminal procedure jurisprudence; that plea bargaining is “the alternative in which...defendants have sought relief,” and that the two new decisions on the Sixth Amendment right to effective representation in plea bargaining would add to the burden on the criminal process. This essay examines several aspects of …

Religion And Theistic Faith: On Koppelman, Leiter, Secular Purpose, And Accomodations, Abner S. Greene

Faculty Scholarship

What makes religion distinctive, and how does answering that question help us answer questions regarding religious freedom in a liberal democracy? In their books on religion in the United States under our Constitution, Andrew Koppelman (DefendingAmerican Religious Neutrality) and Brian Leiter (Why Tolerate Religion?) offer sharply different answers to this set of questions. This review essay first explores why we might treat religion distinctively, suggesting that in our constitutional order, it makes sense to focus on theism (or any roughly similar analogue) as the hallmark of religious belief and practice. Neither Koppelman nor Leiter focuses on this, in part because …

Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney

Faculty Scholarship

This Article contends that ordinary meaning analysis based on dictionaries and language canons cannot be reconciled with the faithful agent model. Fidelity to Congress as a principal entails fidelity to its lawmaking enterprise, not to words or sentences divorced from that enterprise. Congress has indicated that it does not value dictionaries as part of its lawmaking process, and it ascribes at most limited weight to language canons in that process. Further, Justices advocating ordinary meaning analysis too often use dictionary definitions, and language canons such as the rule against surplusage, the whole act rule, and ejusdem generis, in ways that …

Donald Mcgavran And The City, Jeff K. Walters

Great Commission Research Journal

As the “father of the Church Growth Movement,” Donald A. McGavran’s impact on twentieth century missiology is undisputed. His teaching on missions in urban contexts holds great value for our rapidly urbanizing world, but those contributions have been studied very little. The purpose of this article is to survey McGavran’s urban missiology, especially as presented in his seminal work, Understanding Church Growth.

Book Review: Wisdom From Lyle E. Schaller: The Elder Statesman Of Church Leadership By Warren Bird, Ed., James R. Farrer

Great Commission Research Journal

No abstract provided.

About The Great Commission Research Network, Alan Mcmahan

Great Commission Research Journal

No abstract provided.

Special Book Review Essay, Aaron Perry

The Asbury Journal

The Economy of Desire: Christianity and Capitalism in a Postmodern World
Daniel M. Bell, Jr.
Grand Rapids: Baker Academic
2012, 224 pp. paper, $19.99
ISBN: 978-080-1035-739

Liturgy as a Way of Life: Embodying the Arts in Christian Worship
Bruce Ellis Benson
Grand Rapids: Baker Academic
2013, 160 pp. paper, $17.99
ISBN: 978-080-1031-359

Introduction, Alan Mcmahan

Great Commission Research Journal

No abstract provided.

Donald Mcgavran’S Understanding Of Conversion, Gustavo V. Suarez

Great Commission Research Journal

This paper seeks to explore Donald McGavran’s understanding of conversion. First, we will look at the people and events that shaped his theology and methodology. Second, we will explore McGavran’s understanding of conversion. He clearly emphasized in his writings that Church Growth was conversion growth. He also was very clear that salvation is only through Jesus Christ. However, Donald McGavran’s understanding of conversion was clouded with the conflicting theological and sociological views that consequently influenced his methodology. Donald McGavran’s view of conversion lacked a clear theological explanation as to how man becomes a Christian. Most of McGavran’s explanation of conversion …

Practice Makes Perfect? A Retrospective Look At A Community Of Practice, Ramirose Ilene Attebury, Robert Perret, Jeremy Kenyon, Deborah Green

Library Philosophy and Practice (e-journal)

Communities of practice have been touted in the organizational literature as an effective form of professional development in the workplace. When the University of Idaho Library faculty created one in the fall of 2008, they hoped the group would enhance new librarians’ understanding of publication requirements and research methods. Although the community seemed healthy during its first year, problems arose in subsequent years that led to its decline. Seeking to understand the nature of this decline, the authors conducted a survey and initiated a focus group discussion of former members. Analysis of data led the authors to identify three themes …

The Sociology Of Library Crime In Nigerian Academic Libraries, Flora Ifeoma Okogwu, Uchenna M. Nnam

Library Philosophy and Practice (e-journal)

The spate of library crime in Nigerian academic libraries is presently alarming. This paper, therefore, is designed to dissect the patterns and trends of this crime using sociological tenets and social dynamics. Through the literature review, the major causes, dimensions and implications of library crime were unravelled. Dearth of knowledge-enhancing, sought-after and expensive reading materials, environmental nature (physical and structural arrangements) of libraries, and economic hardship are some of the causes of library crime, which manifests in various forms: theft, pilfering, mutilation, and fraud. This paper revealed that library crimes have deleterious effects on individual users, library staff, academic community …

Editor's Forum

Journal of Aviation/Aerospace Education & Research

No abstract provided.

Front Matter

Journal of Aviation/Aerospace Education & Research

No abstract provided.

Assessing Safety Culture Within A Flight Training Organization, David Freiwald, Carolina Lenz-Anderson, Erik Baker

Journal of Aviation/Aerospace Education & Research

This study was prompted by multiple aircraft hull losses experienced by a multinational, multi-campus flight training organization. A mixed methods study was conducted to assess the attitude and perceptions of the operations and management staff at this flight training organization though the use of a survey instrument previously existing and adapted, in order to ensure validity, and interviews with key staff members. Confirmatory factor analysis was performed to identify underlying constructs in the perceptions and attitudes of the staff in order to identify beliefs that may signify a flight training organization that is at risk. An analysis was conducted using …

The Perceived Benefits Of Airbag Systems In General Aviation Aircraft, David R. Mulkey

Journal of Aviation/Aerospace Education & Research

Airbags have been used in cars for years and are just starting to be developed for used in General Aviation (GA) aircraft but there exists a perception that aircraft airbag systems may be more harmful than beneficial. Many GA accidents involve high gravitational impacts taking place during the taxi, takeoff and landing phases of flight. This study will use descriptive methodology to survey members of three local flying clubs to obtain their perception regarding airbags in general aviation aircraft. It was hypothesized that majority of the survey respondents would support the use of airbags in general aviation aircraft. The results …

Internet Access And Use Among Undergraduate Students Of Bowen University Iwo, Osun State, Nigeria, Aderonke O. Otunla

Library Philosophy and Practice (e-journal)

The study examined the internet access and use among undergraduate students of Bowen University Iwo, Osun state, Nigeria. Descriptive survey research design was used. The population comprises of 4,800 undergraduate students out of which 300 students were randomly selected from various faculties, 298 questionnaires were correctly filled and analyzed. The result of the findings shows that all respondents access and used the internet. Major access was through their mobile phones with 52.7%, only 6.4 accessed through University Digital centre while none from the library. Respondent used internet daily with 68.9%, 41.6% used internet between 7-9 hours a week and experience …

The Future Of Unmanned Aircraft Systems Pilot Qualification, Alexander Mirot

Journal of Aviation/Aerospace Education & Research

One of the major issues facing Unmanned Aircraft Systems (UAS) integration into the National Airspace System (NAS) is pilot qualification. To date UAS flights are only conducted in special use airspace or with individual and non-standardized approval. The only printed pilot qualification requirements come from the 2008 Federal Aviation Administration's (FAA) Interim Operational Approval Guidance 08-0 I. Although this interim guidance is an important first step it is time to align UAS pilot qualification with the requirements for manned and model aircraft. UAS Operators and pilots could be incorporated into the NAS under current regulations that govern pilot qualification, by …