Digital Commons Network^™

Reflecting Risk: Chemical Disclosure And Hydraulic Fracturing, Sara Gosman

Georgia Law Review

In the last three years, twenty-two states have responded to public concern about high-volume hydraulic fracturing by requiring disclosure of the chemicals injected into oil and gas wells. Central to these policies is a nationwide website known as "FracFocus,"which now contains data on almost 56,000 wells. No environmental issue in recent memory has spurred such a fast and uniform policy response by the states, a response that is more remarkable given the contested nature of hydraulic fracturing. Drawing on the fields of risk science and decision science, the Article examines the virtues and perils of chemical disclosure as a policy …

The Great Bankrupt Divide: Amending The Rights Of Trademark Licensees Under The Code, Sumner R. Pugh Iv

Georgia Law Review

The federal circuit courts are split over whether a licensee has the right to continue using a licensed trademark after the license is rejected in bankruptcy. In Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, the Seventh Circuit held that rejection does not abrogate the licensee's right to use the licensed trademark, a decision that expressly rejects the Fourth Circuit's contrary holding that rejection ends a licensee's right to use the licensed mark. While this Note argues that the Fourth Circuit interpreted and applied the Bankruptcy Code accurately in Lubrizol Enterprises v. Richmond Metal Finishers, it finds that the effect …

Consumer Engagement In Travel-Related Social Media, Xu Li

Electronic Theses and Dissertations

The term of "consumer engagement" is extensively used in the digital era. It is believed that engaged consumers play an important role in products/services referral and recommendation, new product/service development and experience/value co-creation. Although the notion of consumer engagement sounds compelling, it is not fully developed in theory. Different interpretations coexist, resulting in confusion and misuse of the concept. This study attempts to define consumer engagement and develop a conceptual framework of consumer engagement, addressing antecedents of consumer engagement in online context. Moreover, some situational and social media usage-related factors are incorporated into the framework. A set of propositions are …

An Exploratory Study Of Customer Vulnerability: A Cross-Segment Approach, Taryn Aiello

Electronic Theses and Dissertations

The purpose of this study is to explore the concept of customer vulnerability across varying service industries. While the concept of customer vulnerability has been debated in business, marketing, sociology, and psychology scholarly literature, there has been little research conducted that specifically investigates consumers’ perceptions of vulnerability during the service exchange. Specific to this research, customer vulnerability is defined as experiences in which consumers participate in a service exchange with a firm during a time of individual or shared medical, physical, emotional, or spiritual necessity, whether the vulnerability is experienced during the course of the transaction or whether consumers arrive …

Who Is Responsible For Libor Rate-Fixing?, Mark R. Patterson

Faculty Scholarship

No abstract provided.

The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller

Faculty Publications

No abstract provided.

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 …

Google And Search-Engine Market Power, Mark R. Patterson

Faculty Scholarship

A significant and growing body of commentary considers whether possible manipulation of search results by Google could give rise to antitrust liability. Surprisingly, though, little serious attention has been paid to whether Google has market power. Those who favor antitrust scrutiny of Google generally cite its large market share, from which they infer or assume its dominance. Those who are skeptical of competition law’s role in regulating search, on the other hand, usually cite Google’s 'competition is only a click away' mantra to suggest that Google’s market position is precarious. In fact, the issue of Google’s power is more complicated …

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. …

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 …

Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth. Review Of Plague Of Prisons: The Epidemiology Of Mass Incarceration In America By Ernest Drucker, John F. Pfaff

Faculty Scholarship

This article reviews Ernest Drucker's recent book, "A Plague of Prisons: The Epidemiology of Mass Incarceration in America," which attempts to explain the causes behind the explosion in prison growth over the past several decades. The account proves to be unsatisfying, and this review highlights four major flaws with Drucker's work. First, Drucker places too much weight on the war on drugs. While he argues it is the primary engine of prison growth, the increase in drug incarcerations explains only about 25% of the total growth since the 1970s. Second, he significantly underplays the importance of soaring crime rates between …

Designing Elementary Engineering Education From The Perspective Of The Child, Beth Dykstra Van Meeteren

Dissertations and Theses @ UNI

Many concerned leaders of industry and government believe the ability to sustain our quality of life and address the grand challenges of our times is contingent upon the successful engagement of our younger children in science, technology, engineering, and mathematics (STEM). What STEM curricula, specifically engineering curricula, should address, how the curriculum should be delivered, and how the children construct an understanding of engineering are still unanswered questions. Engineering curriculum is beginning to emerge for elementary students, but does more to teach children about engineering than allowing them to develop engineering habits of mind.

This qualitative study used constant comparative …

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

The World Achieved: Film And The Enacted Mind, John M. Carvalho

Contemporary Aesthetics (Journal Archive)

Stanley Cavell taught us that films give us a view of a world that differs from the world in which we view films only by not being that world. Films, that is, screen a world for us and screen us from a world that is not our own. Cavell’s view is based on a photographic conception of film images. A film is composed of photographic images collected on reels and put in motion at twenty-four frames per second. In “More of the World Viewed,” Cavell dares us to come up with a theory of perception that challenges the assumption that …

Experiencing Photographs Qua Photographs: What's So Special About Them?, Jiri Benovsky

Contemporary Aesthetics (Journal Archive)

No abstract provided.

“Publicness” In Contemporary Securities Regulation After The Jobs Act, Donald C. Langevoort, Robert B. Thompson

Georgetown Law Faculty Publications and Other Works

The JOBS Act of 2012 reflects the largest deregulatory change to the Securities Exchange Act of 1934 over its more than 75 year history. It contracts the coverage of those companies subject to the obligations of ‘publicness” and it introduces an “on ramp” that will permit most newly-public companies to meet a lesser set of disclosure, internal control and governance obligations for up to five years. We set these changes against a larger discussion of when a private enterprise should be forced to take on public status in securities regulation, a topic that has been entirely under theorized. We conclude …

From Podcasts To Treasure Hunts— Using Technology To Promote Student Engagement, Marcia L. Mccormick

All Faculty Scholarship

Three influential calls for reform in legal education, the MacCrate Report, the Carnegie Report, and most recently the Stuckey Report, have all recommended that professors use teaching methods to provide greater opportunities for students to practice problem solving skills and receive feedback on their performance. Being a lawyer is much more than memorizing rules; students need to be able to understand the big picture and use the details to problem solve. This article details how to use audio and written podcast summaries to help students see the big picture in a subject and how each smaller topic fits together into …

Reimagining Merit As Achievement, Aaron N. Taylor

All Faculty Scholarship

Higher education plays a central role in the apportionment of opportunities within the American meritocracy. Unfortunately, narrow conceptions of merit limit the extent to which higher education broadens racial and socioeconomic opportunity. This article proposes an admissions framework that transcends these limited notions of merit. This “Achievement Framework” would reward applicants from disadvantaged backgrounds who have achieved beyond what could have reasonably been expected. Neither race nor ethnicity is considered as part of the framework; however, its nuanced and contextual structure would ensure that racial and ethnic diversity is encouraged in ways that traditional class-conscious preferences do not. The overarching …

Strange Traffic: Sex, Slavery & The Freedom Principle, Anders Walker

All Faculty Scholarship

This article uses the recent prosecution of a sex trafficking case in rural Missouri to argue three points. One, the federal law of trafficking is currently being used in unanticipated ways, including the apprehension of individuals who pay for sex. Two, trafficking invites creative use precisely because it provides prosecutors with a more salient justification for punishment than either legal moralism or harm; a rhetorical plea to anti-slavery that enjoys a longstanding but under-theorized role in criminal law rhetoric. Three, anti-slavery’s recurrence in criminal law rhetoric underscores a larger doctrinal point, namely that H.L.A. Hart’s version of the harm principle …

Social Enterprise: Who Needs It?, Brian Galle

Georgetown Law Faculty Publications and Other Works

State statutes authorizing firms to pursue mixtures of profitable and socially-beneficial goals have proliferated in the past five years. In this invited response essay, I argue that for one large class of charitable goals the so-called “social enterprise” firm is often privately wasteful. While the hybrid form is a bit more sensible for firms that combine profit with simple, easily monitored social benefits, existing laws fail to protect stakeholders against opportunistic conversion of the firm to pure profit-seeking. Given these failings, I suggest that social enterprise’s legislative popularity can best be traced to a race to the bottom among states …

The Incoherence Of Marital Benefits, Robin West

Georgetown Law Faculty Publications and Other Works

En route to finding the Defense of Marriage Act (DOMA) an unconstitutional violation of the Fifth Amendment's Equal Protection Clause, the Second Circuit Court of Appeals in Windsor v. United States gave short shrift to one of Congress's primary arguments in defense of the Act: that the federal government has a compelling interest in limiting federal marriage benefits to opposite-sex couples because traditional marriage has the laudable purpose-or function-of channeling the heterosexual sex that creates children into a way of life that provides the optimal environment for the rearing of those children. In other words, DOMA aims to minimize irresponsible …

The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodrigues

All Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …

The Volta Convention: An Effective Tool For Transboundary Water Resource Management In An Era Of Impending Climate Change And Devastating Natural Disasters, Megan Matthews

Denver Journal of International Law & Policy

No abstract provided.

Unesco, Palestine And Archaeology In Conflict, David Keane, Valentina Azarov

Denver Journal of International Law & Policy

No abstract provided.

Vol. 41, No. 3: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Chile's Environmental Laws And The Hidroaysen Northern Patagonia Dams Megaproject: How Is This Project Sustainable Development, Marcus T. Pearson, David Adronofsky, Emily Royer

Denver Journal of International Law & Policy

No abstract provided.

The Basin Of The Danaides: How 3-D Printing Will Push The Limits Of International Gun Control And Digital Freedom Of Speech In The Twenty-First Century, Jean-Yves Meyer

Denver Journal of International Law & Policy

No abstract provided.

Effects Of Leadership On Financial Performance At The Local Level Of An Industrial Distributor, Rod L. Flanagan, Gary Stewardson, Jeffrey P. Dew, Michelle M. Fleig-Palmer, Edward Reeve

Faculty Publications

An important component in the industrial products supply chain is the distribution segment of the channel. The health and success of industrial distributors can often influence the success cess of manufacturers whom they represent. Although research has demonstrated how leadership is a key ingredient in the success of large corporations across industries, very little leadership research has been conducted in the industrial distribution market segment—especially at the local level. This research fills the gap between what is know about leadership in larger organizations, and the need for greater understanding of leadership at the local level of an industrial distributor. The …

Corneal Gene Therapy: Basic Science And Translational Perspective, Rajiv R. Mohan, Jason T. Rodier, Ajay Sharma

Pharmacy Faculty Articles and Research

Corneal blindness is the third leading cause of blindness worldwide. Gene therapy is an emerging technology for corneal blindness due to the accessibility and immune-privileged nature of the cornea, ease of vector administration and visual monitoring, and ability to perform frequent noninvasive corneal assessment. Vision restoration by gene therapy is contingent upon vector and mode of therapeutic gene introduction into targeted cells/tissues. Numerous efficacious vectors, delivery techniques, and approaches have evolved in last decade for developing gene-based interventions for corneal diseases. Maximizing the potential benefits of gene therapy requires efficient and sustained therapeutic gene expression in target cells, low toxicity, …

Osteogenic And Antimicrobial Nanoparticulate Calcium Phosphate And Poly-(D, L-Lactide-Co-Glycolide) Powders For The Treatment Of Osteomyelitis, Vuk Uskoković, Charles Hoover, Marija Vukomanović, Dragan P. Uskoković, Tejal A. Dasai, Charles Hoover, Marija Vukomanović, Dragan P. Uskoković, Tejal A. Dasai

Pharmacy Faculty Articles and Research

Development of a material for simultaneous sustained and localized delivery of antibiotics and induction of spontaneous regeneration of hard tissues affected by osteomyelitis stands for an important clinical need. In this work, a comparative analysis of the bacterial and osteoblastic cell response to two different nanoparticulate carriers of clindamycin, an antibiotic commonly prescribed in the treatment of bone infection, one composed of calcium phosphate and the other comprising poly-(D,L-lactide-co-glycolide)-coated calcium phosphate, was carried out. Three different non-cytotoxic phases of calcium phosphate, exhibiting dissolution and drug release profiles in the range of one week to two months to one year, respectively, …