Digital Commons Network^™

Index Theory: The Law, Promise And Failure Of Financial Indices, Gabriel Rauterberg, Andrew Verstein

Faculty Scholarship

Financial indices, like the S&P 500 or the Consumer Price Index, have become a ubiquitous feature of our financial markets. One index, the London InterBank Offered Rate ("Libor"), may be the world's most important number, an interest rate benchmark upon which hundreds of trillions of dollars depend. Yet, almost every day new revelations emerge that Libor was tampered with during the height of the financial crisis by one or many of the world's most prominent banks, with billions of dollars potentially misappropriated. This index disruption has attracted tremendous interest from regulators, private litigants, and market observers. Despite their importance, however, …

Apoptosis In Temporomandibular Joint Disc With Internal Derangement Involves Mitochondrial-Dependent Pathways. An In Vivo Study, Rosario Caltabiano, Rosalia Leonardi, Giuseppe Musumeci, Giovani Bartoloni, Mugurel Constantin Rusu, Luis Eduardo Almeida, Carla Loreto

School of Dentistry Faculty Research and Publications

No abstract provided.

Ethical Obligations And The Dental Office Team, Toni M. Roucka, Pamela Zarkowski, Evelyn Donate-Bartfield, Donald E. Patthoff

School of Dentistry Faculty Research and Publications

A hypothetical case of alleged sexual misconduct in a practice with high employee turnover and stress is analyzed by three experts. This case commentary examines the ethical role expectations of an office manager who is not directly involved but becomes aware of the activities. The commentators bring the perspectives of a dental hygienist. academic administrator. and attorney; a teacher of behavioral sciences in a dental school; and a general dentist with many years of practice experience.

Staging The Family, Clare Huntington

Faculty Scholarship

For many critical aspects of family life, all the world truly is a stage. When a parent scolds a child on the playground, all eyes turn to watch and judge. When an executive’s wife hosts a work party, the guests are witness to traditional gender roles. And when two fathers attend a back-to-school night for their child, other parents take note of this relatively new family configuration. Family is popularly considered intimate and personal, but in reality much of family life is lived in the public eye.

These performances of family and familial roles do not simply communicate messages to …

Insider Threat Detection Using Virtual Machine Introspection, M. Crawford, Gilbert L. Peterson, Robert F. Mills, Michael R. Grimaila

Faculty Publications

This paper presents a methodology for signaling potentially malicious insider behavior using virtual machine introspection (VMI). VMI provides a novel means to detect potential malicious insiders because the introspection tools remain transparent and inaccessible to the guest and are extremely difficult to subvert. This research develops a four step methodology for development and validation of malicious insider threat alerting using VMI. A malicious attacker taxonomy is used to decompose each scenario to aid identification of observables for monitoring for potentially malicious actions. The effectiveness of the identified observables is validated using two data sets. Results of the research show the …

Getting Ahead Of The Curve: Supporting Adaptation To Long-Term Climate Change And Short-Term Climate Variability Alike, Alexis Saba, Michela Biasutti, Michael B. Gerrard, David B. Lobell

Faculty Scholarship

The United Nations Framework Convention on Climate Change (UNFCCC) has been meeting since 1995, and in recent years, it has increasingly focused on facilitating and funding climate change adaptation in developing countries. Other sources of financing, from multilateral development banks to bilateral and multilateral agreements among countries, are also providing resources for adaptation. Simultaneously, climate scientists around the world are updating their forecasts on the nature of future climate change. This article seeks to examine the scope of funding available for climate change adaptation and how climate change forecasts are used to plan for and evaluate climate change adaptation. We …

Creating New Superconducting & Semiconducting Nanomaterials And Investingating The Effect Of Reduced Dimensionality On Their Properties, Sukhada Mishra

Doctoral Dissertations

"The field of nanomaterials has continued to attract researchers to understand the fundamentals and to investigate potential applications in the fields of semiconductor physics, microfabrication, nanomedicine, surface sciences etc. One of the most critical aspects of the nanomaterials research is to establish synthetic protocols, which can address the underlying product requirements of reproducibility, homogenous morphology and controlled elemental composition. We have focused our research in exploring synthetic routes for the synthesis of superconducting and semiconducting nanomaterials and analyze their structure--property relationship through detailed characterizations. The first part of dissertation is focused on the synthesis of superconducting FeSe nanostructures using catalyst …

"With Untired Spirits And Formal Constancy": Berne Compatibility Of Formal Declaratory Measures To Enhance Copyright Title-Searching, Jane C. Ginsburg

Faculty Scholarship

Formalities are back in fashion. Their acolytes fall into two camps, reflecting their different objectives. For formalities, which we shall define as conditions on the existence or enforcement of copyright, can divest authors of their rights, or instead enhance authors' exploitation of their works by alerting their audiences to the authors' claims. For one camp, formalities' confiscatory consequences, once perceived as barbaric, are to be celebrated. The more works from their authors' rights untimely ripped, cast into the public domain, or amputated in their enforcement, the better. Formalities can supply the cure for all copyright's ills, from over-inclusive subject matter, …

Infiltrated Composite Electrodes For Solid Oxide Fuel Cells, Aligul Buyukaksoy

Doctoral Dissertations

"Solid oxide fuel cells (SOFCs) are electrochemical devices which can convert chemical energy to electrical energy with efficiencies up to 60%. In order for SOFCs to be favorable energy conversion devices, the power obtained from a unit volume should be improved. This corresponds to minimized resistances from SOFC components (composite electrodes and electrolyte). Stability of the generated power is another important issue. Degradation of SOFCs with time due to microstructural processes or chemical reactions that occur at operating conditions; and due to reduction/oxidation cycles caused by the changes in the anode has been an important obstacle that has prevented the …

An Introduction To Climate Change Liability Litigation And A View To The Future, Michael B. Gerrard, Joseph A. Macdougald

Faculty Scholarship

This article discusses the advancement of climate change litigation. It explores two approaches to climate change litigation; the first is to use the federal regulatory apparatus and the second is to use the tort system. The article explores key questions in climate change litigation such as, who is responsible for deciding the appropriate level of harmful emissions? How should courts handle the long tail effects of climate change? What are the proper forums to litigate in? And, what is the role of the federal government in climate change litigation?

Shear And Fracture Behavior Of High Performance Concretes, Mahdi Arezoumandi

Doctoral Dissertations

"Concrete is the most widely used man-made material in the world. Like other materials, it has been improved over time. Nowadays, with continued development of science and technology, a new generation of concretes is produced and is termed high performance concretes. A review of previously published work indicates that very few studies (in some cases none) have addressed the structural behavior of full-scale, high performance concrete elements. This study investigated the shear and fracture behavior of two types of high performance concrete - high-volume fly ash concrete (HVFAC) and self-consolidating concrete (SCC). The HVFAC incorporates up to 70% cement replacement …

The Presumption Of Constitutionality And The Individual Mandate, Gillian E. Metzger, Trevor W. Morrison

Faculty Scholarship

Every American law student learns that there is a difference between a statute's meaning and its constitutionality. A given case might well present both issues, but law students are taught that the questions are distinct and that their resolution requires separate analyses. This is all for good reason: the distinction between statutory meaning and constitutional validity is both real and important. But it is not complete. Any approach to statutory interpretation depends on a view about the appropriate role of the judiciary (or other institutional interpreter) in our constitutional system; "[a]ny theory of statutory interpretation is at base a theory …

Administrative Constitutionalism, Gillian E. Metzger

Faculty Scholarship

The U.S. Food and Drug Administration adopts a rule requiring tobacco companies to include graphic images warning of the health risks associated with smoking, defending the rule at length against the claim it violates the First and Fifth Amendments. The Department of Education and the Department of Justice (DOJ) jointly issue guidance explaining how elementary and secondary schools can voluntarily consider race consistently with governing constitutional law. The Office of Legal Counsel (OLC) in DOJ issues a memorandum to the Attorney General concluding that the President had constitutional authority to commit U.S. forces as part of the NATO military campaign …

Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman

Faculty Scholarship

When does a cyber attack (or threat of cyber attack) give rise to a right of self-defense – including armed self-defense – and when should it? By "cyber attack" I mean the use of malicious computer code or electronic signals to alter, disrupt, degrade or destroy computer systems or networks or the information or programs on them. It is widely believed that sophisticated cyber attacks could cause massive harm – whether to military capabilities, economic and financial systems, or social functioning – because of modern reliance on system interconnectivity, though it is highly contested how vulnerable the United States and …

Fracking And Federalism Choice, Michael Burger

Sabin Center for Climate Change Law

In response to David B. Spence's "Federalism, Regulatory Lags, and the Political Economy of Energy Production," I offer a set of constructive challenges to his article. In Part I, I argue that fracking’s federalism-choice question has already been answered, and that but for the outdated and underjustified exemptions mentioned above, fracking is already under the jurisdiction of federal regulators. In Part II, I conduct an alternative federalism-choice analysis that adds to Professor Spence’s analysis in three ways. First, I balance his analysis by examining rationales commonly used to justify decentralization, rather than federalization, of environmental law. Second, I argue that …

Environmental Law/Environmental Literature, Michael Burger

Sabin Center for Climate Change Law

What, is truly "environmental" about environmental law? This Article is the first attempt to answer this question by integrating Law & Literature scholarship with the study of environmental law. I argue that competing narratives of nature and culture common to the American environmental imagination play a more significant role in environmental law and litigation than previously acknowledged. These competing narratives, communicated through a known set of environmental stories and tropes, are used by attorneys to establish, frame, narrate and argue their cases, and they are absorbed, reimagined, reframed and retold by judges in their written opinions, making environmental law a …

Discussion Of Climate Change-Related Water Impacts In Federal Environmental Impact Statements (Eiss), January-September 2012, Cathy Li

Sabin Center for Climate Change Law

Climate change and its predicted effect on precipitation, temperature, storm frequency and intensity, global sea levels, and numerous other factors will pose significant challenges for the maintenance and operations of built infrastructure. Climate change is predicted to exacerbate water-related issues, such as water supply shortages brought on by increasingly severe droughts and more frequent or intense flooding caused by extreme precipitation events. Executive Order 13514 and subsequent instructions from the Council on Environmental Quality (CEQ) have directed federal agencies to prepare for and adapt to the changing environment in which they will have to operate. The National Environmental Policy Act …

The (Re)Federalization Of Fracking Regulation, Michael Burger

Sabin Center for Climate Change Law

The purpose of this Article is to defend environmental law's federalism choices from the insinuation that they do not match fracking's environmental impacts and to demonstrate that fracking does indeed belong under the umbrella of federal law. The Article proceeds in four Parts. Part I establishes the federalism-choice analysis framework and applies it to both state and federal regulation of fracking. Part II buttresses the conclusion that federal regulation of potential impacts on underground drinking-water supplies is appropriate through a fresh and extensive examination of the statutory scheme and legislative history of SDWA. Part III offers further support for federal …

Reduction Of Observable Robbery And Larceny-Theft In The Twelve Largest Cities In The United States From 1980 To 2009, Andrew J. Costello

Dissertations, Theses, and Capstone Projects

The reduction in crime rates that occurred in large cities across the United States (US) over the course of the past two decades has been the subject of much speculation and research. However, there have been no definitive empirical studies that conclusively determine the causes for this phenomenon. The goal of this study is to identify the impact of certain factors to the reduction of crime in large US cities that occurred over the past two decades by examining data over a thirty-year period (1980-2009). The identification of contributing factors may allow government officials, both on a local and national …

"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones

Scholarly Articles in Law Reviews & Journals

This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …

"I Am Ronald Cotton": Teaching Wrongful Convictions In A Criminal Law Class, Cynthia E. Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Advocating For Equality, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Should Public Buildings Be Used For Worship, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Claiming Space, Redefining Politics: Urban Protest And Grassroots Power In Bolivia, Carwil Bjork-James

Dissertations, Theses, and Capstone Projects

This dissertation analyzes the role of space-claiming protests by primarily left grassroots social movements in Bolivia's current political transformation. Space claiming includes mass protests that physically control or symbolically claim urban space through occupations of plazas and roads, sit-ins, blockades, and other measures. As a theoretical construct, space claiming brings together tactics of collective action and meanings of public spaces, and looks at the consequences of their interaction. This dissertation is based on ethnographic engagement and oral interviews with protest participants and their state interlocutors during twelve months of fieldwork and archival research. By using detailed ethnographic evidence--of social life …

Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan

Faculty Scholarship

Each new generation of law students presents its own set of challenges for law teachers seeking to develop competent and committed members of the legal profession. This article aims to train legal educators to recognize their students' generational learning style and to deliver a tailored education that supports the development of skilled attorneys. To help legal educators better understand the newest generation of law students, this article explores the traits associated with the Millennial Generation of law students, including their perspective on themselves and others, on education and on work. It then provides detailed and specific strategies for teaching millennial …

The Moral Significance Of Economic Life, Andrzej Rapaczynski

Faculty Scholarship

Much of the modern perception of the role of economic production in human life – whether on the Left or on the Right of the political spectrum – views it as an inferior, instrumental activity oriented toward self-preservation, self-interest, or profit, and thus as essentially distinct from the truly human action concerned with moral values, justice, and various forms of self-fulfillment. This widely shared worldview is rooted, on the one hand, in the Aristotelian tradition that sees labor as a badge of slavery, and freedom as lying in the domain of politics and pure (not technical) knowledge, and, on the …

The Sec As Financial Stability Regulator, Hilary Allen

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green

Scholarly Articles in Law Reviews & Journals

Wage theft and its frequent exploitative companions, trafficking and involuntary servitude, have seen substantial increases in recent years. Low-wage workers often bear the brunt of these practices. Vulnerable populations, such as immigrant workers, and more specifically, undocumented workers, experience wage theft and other forms of workplace-related exploitation at alarmingly high rates. Individual adjudications of these claims are neither efficient nor, in many cases, feasible, given attorneys’ aversion to shouldering the risks and costs in cases that may yield only limited attorneys’ fees. The collective adjudication of Fair Labor Standards Act (FLSA) claims, however, largely resolves these challenges and provides an …

The Jury As Constitutional Identity, Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

This article seeks to reframe how citizens see jury service in America. Juries once existed at the core of American constitutional identity. At the founding of the country, jury service and voting were twin political rights, equal in stature and importance. Some founders even considered the jury more important than the right to vote as a means to ensure a robust democratic system. During the battles for racial equality (before and after the Reconstruction Amendments) and gender equality (before and after the Nineteenth Amendment), advocates explicitly linked demands for voting and jury service as symbols of political equality. Americans fought, …

Travel And Recreation: Jobs, Lifestyle, And Growth, Norma P. Nickerson

Institute for Tourism and Recreation Research Publications

Outlook for 2013.