Digital Commons Network^™

Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

One-Shot Lossy Quantum Data Compression, Nilanjana Datta, Joseph M. Renes, Renato Renner, Mark M. Wilde

Faculty Publications

We provide a framework for one-shot quantum rate distortion coding, in which the goal is to determine the minimum number of qubits required to compress quantum information as a function of the probability that the distortion incurred upon decompression exceeds some specified level. We obtain a one-shot characterization of the minimum qubit compression size for an entanglement-assisted quantum rate-distortion code in terms of the smooth max-information, a quantity previously employed in the one-shot quantum reverse Shannon theorem. Next, we show how this characterization converges to the known expression for the entanglement-assisted quantum rate distortion function for asymptotically many copies of …

The Evolution Of Enterprise Resource Planning Systems As An It Innovation: A Performative Perspective, Adrian Yeow, Wee-Kiat Lim

CCX Research

How can we improve theorizing on IT innovation? We first draw on theories from IS research and science and technology studies (STS) to explain IT innovation. By showing how limited these research streams can be because they have not accounted for the act of theorizing itself, we next turn to the theory of performativity as a candidate theory to extend our understanding of IT innovation. We use an exemplar of IT innovation, enterprise resource planning (ERP) systems, to develop a performative perspective of the IT innovation process. Based on our preliminary data collection and analysis, we surfaced the role of …

Gm Minutes 12/4/2013, Brandon Telchi

Judicial Branch Publications

No abstract provided.

Leadership In Building Communities: Westwood, Fitz Center For Leadership In Community, University Of Dayton

Dayton Neighborhood Studies

No abstract provided.

The Illusory Eighth Amendment, John F. Stinneford

UF Law Faculty Publications

Although there is no obvious doctrinal connection between the Supreme Court’s Miranda jurisprudence and its Eighth Amendment excessive punishments jurisprudence, the two are deeply connected at the level of methodology. In both areas, the Supreme Court has been criticized for creating “prophylactic” rules that invalidate government actions because they create a mere risk of constitutional violation. In reality, however, both sets of rules deny constitutional protection to a far greater number of individuals with plausible claims of unconstitutional treatment than they protect.

This dysfunctional combination of over- and underprotection arises from the Supreme Court’s use of implementation rules as a …

Policing The Firm, D. Daniel Sokol

UF Law Faculty Publications

Criminal price fixing cartels are a serious problem for consumers. Cartels are hard both to find and punish. Research into other kinds of corporate wrongdoing suggests that enforcers should pay increased attention to incentives within the firm to deter wrongdoing. Thus far, antitrust scholarship and policy have ignored this insight in the cartel context. This Article suggests how to improve antitrust enforcement by focusing enforcement efforts on changing the incentives of internal firm compliance.

An Understanding Of Deep Rivers Through An Analysis Of Three Of Its Main Symbols, Vincent Spina

Journal of Global Initiatives: Policy, Pedagogy, Perspective

The aim of"An Understanding of Deep Rivers" is to analyze some of the iconographic uses in the novel from the point of view of the Andean Cosmovision. Though many inroads have already been made in this direction, when the novel first appeared much of this cosmovision was not understood at all or considered part of Andean " folklore". In the present work, the use of the Quechua term " ilia" and and that of the Southern Cross (the Chakana in Quechua) are analyzed with respect to the symbolic role they play in the novel.

Ayacucho, Goodbye And The Portrayal Of A Nation's Contradictions, Oswaldo Gavidia Cannon

Journal of Global Initiatives: Policy, Pedagogy, Perspective

During the 1980s and early 1990s, Peru lived difficult times with the escalation of terrorism. People living in the Andean rural areas were caught between two fires- the terrorists and the military sent to control the latter- and many innocent people were killed or disappeared. Based on these events, Julio Ortega wrote the novella Ayacucho, Goodbye. In this narrative, the dead body of an indigenous peasant leaves his grave in Ayacucho and begins a journey to Lima, the capital of Peru, looking for the parts of his body that were not buried with him, which is really a quest …

Extractive Versus Productive Economy: A Case Study Comparison Of Peru And South Korea, Rubén Berríos

Journal of Global Initiatives: Policy, Pedagogy, Perspective

There are striking contrasts between a productive and an extractive economy. South Korea and Peru are used as examples. Korea is not a resource-rich country but has developed remarkably fast. Pem, on the other hand, is a resource-rich country but has shown uneven rates of growth and has had a lackluster development performance because it has relied on extractive industries that have brought boom and bust. Korea is a high performing economy that achieved high rates of growth implementing policies that emphasized productivity and promoted industrialization and free trade. Korea's success is explained in terms of its policies promoting the …

Culture And Innovation In Peru From A Management Perspective, Gregory J. Scott, Ian Chaston

Journal of Global Initiatives: Policy, Pedagogy, Perspective

Political stability, macro-economic caution, and the aggressive pursuit of free trade have enabled Peru to emerge as one of the fastest growing economies in Latin America. This economic expansion has created heightened interest in the evolution of corporate culture and its influence on firm performance. This paper examines organizational performance in relation to the influence of cultural values on innovation by means of a survey of upper level managers. Analysis of the survey results indicates that there was a positive relation between innovation and power distance and uncertainty. Survey findings show no relationship between innovation and individualism nor innovation and …

Deutsche Touristen Und Ihre Suche Nach Authentizität, Charlotte Kubicz

The Kennesaw Tower Undergraduate Foreign Language Research Journal

This essay is a study that combines the disciplines of film studies and cultural studies to analyze two contemporary German films “Erleuchtung Garantiert” (2000) and “Kirschblüten” (2008) by the filmmaker Dorris Dörrie. They both depict the pilgrimage of German tourists to Japan in the effort to restore a sense of authenticity to their lives. The study concentrates on the depiction of the encounter between Eastern and Western culture in connection with the theory of “Orientalism” by Edward Saïd. The analysis focuses on the confrontation of the illusory Japanese authenticity, as imagined by the German tourists, and the “real” Japanese authenticity …

Non-Partisan Or Not Interested: The Carbondale League Of Women Voters' Response To Civil Rights During The 1960s, Jazma Sutton

2014

This paper focuses on the policies and actions of the Carbondale branch of the LWV. In particular, it focuses on the confusions surrounding the LWV’s engagement with African American Civil Rights. Drawing on organizational papers, internal memoranda, and regional newspaper clippings, this paper analyzes the ambiguities of the LWV’s racial politics. It finds that at the height of the Civil Rights Movement, these women doubtlessly spent a great deal of time discussing the issues. Yet it is also true that a great deal of time was dedicated to finding ways to protect the LWV’s “image.” This often translated into overlooking …

Southeast South Dakota Experiment Farm Annual Progress Report: 2013, Agricultural Experiment Station

Agricultural Experiment Station and Research Farm Annual Reports

The 2013 season brought some welcome relief from the drought of the previous year. Our yields were much improved, averaging 175 bushel per acre for corn and 50 bu/ac for soybeans . Several new developments were undertaken at the farm in the 2013 season. We established an area for research where grazing is integrated with crop production – so we now have some scope to conduct research looking at the effects of how grazing crop residues, cover crops and annual forages impacts crop productivity and soil health. Working with Chris Hay from the Ag. and Biological Systems Engineering Dept. at …

Assessing Certified Registered Nurse Anesthetists’ Attitudes Toward And Barriers To The Use Of Evidence-Based Anesthesia Practice, Laurie E. Parkman

Doctor of Nursing Practice (DNP) Translational and Clinical Research Projects

Evidence-based practice is the integration and synthesis of the best research evidence with clinical expertise and patient values. Use of evidence-based practice decreases variability in care and improves patient outcomes. This research project assessed variables that inhibit the adoption of evidence-based practice into individual CRNAs’ practice. Ninety-two CRNAs in Georgia participated in an email survey to assess attitudes and perceived barriers to evidence-based practice. Attitudes toward evidence-based practice were assessed with the Evidence-Based Practice Questionnaire (EBPQ), and perceived barriers to the use of evidence-based practice were assessed with the BARRIERS scale. A Pearson product-moment correlation coefficient was computed to assess …

Criminality And Corpulence: Weight Bias In The Courtroom, Valena Elizabeth Beety

Seattle Journal for Social Justice

No abstract provided.

Copyrights In Faculty-Created Works: How Licensing Can Solve The Academic Work-For-Hire Dilemma, Glenda A. Gertz

Washington Law Review

Many copyrightable works of university faculty members may be works-for-hire as defined under current U.S. copyright laws. Copyrights in works-for-hire are treated differently than copyrights in other works with respect to ownership, duration, termination rights, and requirements for transfer. Ambiguity over whether a specific faculty-created work is a work-for-hire creates legal uncertainties and potential future litigation about the initial ownership of the copyright, length of the copyright term, and termination rights which could impact all future transfers and licensing. Many universities have attempted to define ownership of faculty-created works through university policies. These policies are ineffective to alter the presumption …

What Is The Relationship Between Maternal Bmi > 30 And Method Of Delivery?, Jessica Carol Wehmeyer

The Eleanor Mann School of Nursing Undergraduate Honors Theses

Maternal obesity and its correlation to method of delivery are important when determining risk factors and examining adverse events and complications during pregnancy and labor. This study was completed as a retrospective review of the Uniform Data Set (UDS) of midwifery deliveries. It examined maternal body mass indexes (BMIs) pre-pregnancy as well as the impact these BMIs had on the method of delivery. Results of this study determined that there was a relationship between maternal BMI > 30 and the method of delivery. Women with a maternal BMI > 30 are 1.93% more likely to have a Cesarean delivery rather than a …

Contract Stories: Importance Of The Contextual Approach To Law, Larry A. Dimatteo

Washington Law Review

How law is taught is at the center of the debate over the need to change legal education to better prepare students for a difficult and changing marketplace for legal services. This Article analyzes the benefits of using “stories” to teach law. The stories to be discussed relate to contract law: this Article asks whether they can be used to improve the method and content of teaching law. The ruminations offered on teaching contract law, however, are also relevant to teaching other core, first-year law courses.

Unpopular Contracts And Why They Matter: Burying Langdell And Enlivening Students, Jennifer S. Taub

Washington Law Review

Thus, the purpose of this piece is to provide an alternative: a transformation of how Contracts is taught in law schools so that we meet a variety of educational objectives. This is less of a prescription than it is a resolution made in the public sphere: a promise to shake things up in my own classroom and thus hopefully do better by students in the long run. It is also the beginning of a search to benchmark against the practices of others, and to seek input from those who have already begun to transform their Contracts teaching materials and methods. …

Tribal Advocacy And The Art Of Dam Removal: The Lower Elwha Klallam And The Elwha Dams, Julia Guarino

American Indian Law Journal

No abstract provided.

The Effects Of Social Contextual Factors On Rater Motivation And Performance Ratings, Emilija Djurdjevic

Graduate Theses and Dissertations

Performance appraisal research (e.g., Longenecker, Sims, & Gioia, 1987; Wang, Wong, & Kwong, 2010) suggests that inaccuracies in performance ratings are largely a result of intentional rating distortion, or rater motivation. Researchers have noted that raters sometimes have multiple and conflicting goals when providing performance ratings (e.g., Murphy, Cleveland, Kinney, Skattebo, Newman, & Sin, 2003). According to rater goal theory (e.g., Cleveland & Murphy, 1992), rater goals are influenced by the performance appraisal context, mediating the relationship between the context of performance appraisal and performance ratings. Studies suggest that the context affects performance ratings, but conceptualizations of the performance appraisal …

Creating Spaces For Critical Transformative Dialogues: Legitimising Discussion Groups As Professional Practice, Christine J. Edwards-Groves

Australian Journal of Teacher Education

Focussed dialogue (as lived and living practices) can have a powerful role in renewing professional practice, advancing its sustainability and development as administrative and political systems colonise the practices of teachers and teacher educators. However, participating in discussion groups for many teachers, including those in academia, is often constrained by time demands, workplace structures and accountabilities. This paper reports a two year empirical case study investigating the transformative nature of dialogues experienced in one such focused discussion group. The dialogic practices of the group aimed firstly to provide a communicative space for its participants to interrogate and interpret factors …

Pre-Service Teachers’ Attitudes Towards Overseas Professional Experience: Implications For Professional Practice, Mohan Chinnappan, Barbra Mckenzie, Phil Fitzsimmons

Australian Journal of Teacher Education

Reforms in Australia about the education of future teachers has placed a high degree of emphasis on the development of knowledge and skills that are necessary for practitioners who will ply their trade in culturally rich and diverse classrooms (Ramsey, 2000). There is now a broad consensus from key stakeholders (Australian Institute for Teaching and School Leadership, 2012) that pre-service teachers need to be provided with a range of opportunities that are grounded in classroom practices including exposure to teaching students overseas. The aim of the study that is reported here is to better understand the skills and knowledge that …

Parody As Brand, Stacey Dogan, Mark Lemley

Faculty Scholarship

Courts have struggled with the evaluation of parody under trademark law. While many trademark courts have protected parodies, there are a surprising number of cases that hold obvious parodies illegal. The problem is particularly severe with respect to parodies that are used to brand products, a growing category. The doctrinal tools that generally protect expressive parodies often don't apply to brand parodies. Our goal in this paper is to think about what circumstances (if any) should lead courts to find parody illegal. We conclude that, despite courts’ increasing attention to speech interests in recent years, the law’s treatment of parody …

An Investigation Of Practices And Tools That Enabled Technology-Mediated Caring In An Online High School, Andrea Velasquez, Charles R. Graham, Richard E. West

Faculty Publications

The ethic of care has been an important part of the dialogue related to learning in traditional K-12 learning environments particularly because emotional relationships and caring pedagogies have been shown to be particularly important for adolescent learners. However, as online learning has become increasingly popular, there are concerns about the perceived impersonal nature of the online medium, and how this might particularly affect adolescent learners. The purpose of this study was to examine technology choices when experiencing caring interactions in the online schooling context of Mountain Heights Academy (formerly Open High School of Utah). The caring experience of two teacher …

Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas

Articles

Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …

"Data, Views, Or Arguments": A Rumination, Michael Herz

Articles

No abstract provided.

Federal Banks And Federal Jurisdiction In The Progressive Era, Larry Yackle

Faculty Scholarship

This is a case study of the Supreme Court’s classic decision in Smith v. K.C. Title & Trust Co. A stockholder challenged the constitutionality of the Farm Loan Act of 1916, which authorized federal banks to issue tax-exempt bonds to raise funds for loans to farmers. The case is best known for its holding that a federal court could entertain the suit because it arose “under the Constitution” and for Justice Holmes’ argument, in dissent, that federal jurisdiction was not established because state law created the “cause of action.”

This study is the first to go beyond the jurisdictional issue …