Digital Commons Network^™

Inferring Desire, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results.

This Article examines a set of fifteen years of sexual harassment decisions in which courts have endeavored to determine the sexual orientations of alleged harassers. Under federal law, sexual harassment is actionable because it is a subspecies of sex discrimination. A man who makes unwanted sexual …

Should New Zealand Adopt Say On Pay?, Randall Thomas, Susan Watson

Vanderbilt Law School Faculty Publications

No abstract provided.

Extending Job Demands-Resources Model : The Roles Of Energy Management Strategies And Recovery Experiences In Facing Differentiated Job Demands, Cho Ngan Siu

Lingnan Theses

Job Demands-Resources (JD-R) model (Bakker & Demerouti, 2007) provides valuable insight in identifying the antecedents and consequences of work stress and engagement. Nevertheless, the roles of personal resources and differentiated job demands (i.e., challenge demands and hindrance demands) have received less attention in the literature. Studies on their interaction effects are even rarer. This thesis reports two studies intending to fill this gap of knowledge.

Study 1 aimed to develop a new scale of energy management strategies (EMS) at work and to demonstrate its reliability. A self-administered questionnaire survey adopting a cross-sectional design was conducted among 323 employees recruited from …

Introductory Note To The Department Of State Rewards Program Update And Technical Corrections Act Of 2012, Michael A. Newton

Vanderbilt Law School Faculty Publications

For nearly three decades, the United States has offered monetary rewards designed to facilitate the apprehension and transfer for trial of suspects when their trial would directly advance American national interests. In the 1990s, for example, posters and matchbooks appeared across the Balkans with contact information available to anyone who might be willing to assist in the transfer of Slobodan Miloševic´ or Radovan Karadžic´ to face charges before the International Criminal Tribunal for the former Yugloslavia. In Congress’s view, this rewards program has helped to generate actionable intelligence that has prevented terrorist attacks, aided convictions of key suspects charged with …

The Environmental Cost Of Misinformation: Why The Recommendation To Use Warm Water For Handwashing Is Problematic, Amanda R. Carrico, Micajah Spoden, Kenneth A. Wallston, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Multiple government and health organizations recommend the use of warm or hot water in publications designed to educate the public on best practices for washing one’s hands. This is despite research suggesting that the use of an elevated water temperature does not improve handwashing efficacy, but can cause hand irritation. There is reason to believe that the perception that warm or hot water is more effective at cleaning one’s hands is pervasive, and may be one factor that is driving up unnecessary energy consumption and greenhouse gas emissions. We examine handwashing practices and beliefs about water temperature using a survey …

An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen

Vanderbilt Law School Faculty Publications

Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …

The Problematic Case Of Clearinghouses In Complex Markets, Yesha Yadav

Vanderbilt Law School Faculty Publications

This Article challenges the academic and policy consensus that clearinghouses adequately mitigate the risks of trading credit derivatives. The Article advances two arguments. First, scholars have devoted little attention to the risks posed by underlying assets (e.g. a mortgage loan) that the credit derivative references and the impact that these have on the clearinghouse. Credit derivatives enable the economic risk of debt to be separated from the legal rights attaching to that debt. This separation impacts the clearinghouse profoundly. As a contract party to each trade it processes, the clearinghouse can be saddled with economic risk of underlying debt without …

Corporate Personhood And The Corporate Persona, Margaret M. Blair

Vanderbilt Law School Faculty Publications

In 2010, the U.S. Supreme Court held in Citizens United v. FEC that restrictions on corporate political speech were unconstitutional because of the First Amendment rights granted corporations as a result of their status as "persons" under the law. Following this decision, debate has been rekindled among legal scholars about the meaning of "corporate personhood." This debate is not new. Over the past two centuries, scholars have considered what corporate personhood means and entails. This debate has resulted in numerous theories about corporate personhood that have come into and out of favor over the years, including the "artificial person" theory, …

Making Money: Leverage And Private Sector Money Creation, Margaret M. Blair

Vanderbilt Law School Faculty Publications

In the wake of the financial crisis of 2008-2009, practitioners and theorists in law, finance, and economics are rethinking our theories about how the financial sector influences the real economy. In particular, they are reexamining the linkages among financial innovation, supply of credit and money, monetary policy, bubbles, financial stability, and economic growth. One of the key issues that is being reconsidered is the dynamics of how banks and other financial institutions drive credit creation and credit allocation, and how these factors, in turn affect the performance of the macroeconomy. In this article, I argue that, by providing an alternative …

Putting Desert In Its Place, Christopher Slobogin, Lauren Brinkley-Rubinstein

Vanderbilt Law School Faculty Publications

Based on an impressive array of studies, Paul Robinson and his coauthors have developed a new theory of criminal justice, which they call empirical desert. The theory asserts that, because people are more likely to be compliant with a legal regime that is perceived to be morally credible, a criminal justice system that tracks empirically derived lay views about how much punishment is deserved is the most efficient way of achieving utilitarian goals, or at least is as efficient at crime prevention as a system that focuses solely on deterrence and incapacitation. This Article describes seven original studies that test …

A Pox On Both Your Houses, Suzanna Sherry

Vanderbilt Law School Faculty Publications

As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie doctrine and between it and the Federal Rules of Civil Procedure. The Court’s latest Erie decision, Shady Grove, was yet another attempt to separate substance from procedure and navigate the strait between the Rules of Decision Act and the Rules Enabling Act. It was a disaster, in large part because of the internal incoherence of the Erie doctrine itself and …

Don't Answer That!, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Forget hard cases: "bad" cases make bad law. DaimlerChrysler Corp. v. Bauman, which never should have been filed in a California federal court, has the potential to make very bad law. It is a paradigmatic example of egregious forum shopping that stretches jurisdictional doctrines beyond their limits. And, like other acts of overreaching by overzealous plaintiffs’ attorneys,1 it is likely to come back to haunt not only these plaintiffs but other less manipulative plaintiffs in the future.

Liberty's Safety Net, Suzanna Sherry

Vanderbilt Law School Faculty Publications

I am honored and humbled by the breadth and depth of the responses to my essay on judicial activism, including Richard Epstein's very generous introduction. Each of the contributors has packed a tremendous amount of insight and information into an impossibly limited number of words, and the comments will be extremely useful as I go forward with the project of turning the original essay into a book. My essay might be characterized as a rhetorical call to arms, an undifferentiated embrace of judicial activism. Three of the commentators provide very helpful substantive support for the call to arms, and two …

A Summary Of Why We Need More Judicial Activism, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Too much of a good thing can be bad, and democracy is no exception. In the United States, the antidote to what the drafters of the Constitution called “the excess of democracy” is judicial review. Lately, however, judicial review has come under fire. Many on both sides of the political aisle accuse the Supreme Court of being overly activist and insufficiently deferential to the elected representatives of the people. I argue in this essay that criticizing the Court for its activism is exactly backwards: We need more judicial activism, not less. Courts engaging in judicial review are bound to err …

Uphams Corner And "Other" Spaces: Racialized Youth Identities In Boston's Cape Verdean Community, Jessica F. Pires

Honors Theses

While embarking on this thesis project I have begun by viewing Cape Verdean-Americanness and Uphams Corner as linked; to study contemporary Cape Verdean-American lived realities means consulting this neighborhood space, and the area is mutually dependent on its Cape Verdean residents. In the particularly unpredictable world of ethnographic field research, as I focused on the collection of narratives, a new and surprising actor emerged: the neighborhood space, around which crucial tensions revolve. It is vital to understand how neighborhood provides not merely the scenery behind actions but more importantly how, as a conceptual framework, it can also be constitutive of …

Partnership Law, Jeff Dorrill, Matthew Schindel, Kelly Bub

SMU Law Review

No abstract provided.

Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …

How Modern Choice Of Law Helped To Kill The Private Attorney General, Erin O'Connor

Vanderbilt Law School Faculty Publications

It is a great honor to be asked to deliver the second Annual Brainerd Currie Lecture at Mercer University School of Law. Brainerd Currie was an immensely influential law professor who is recognized as the leading scholar of conflict of laws in the twentieth century. Mercer has the distinction of being both Currie's law school alma mater as well as his first academic appointment, probably the two most significant intellectual influences on any scholar. More recently, Mercer has attracted other influential conflicts scholars and cheerleaders of the topic, including Dean Gary Simson, Larry Ribstein, Hal Lewis, and Bruce Posnak, among …

Translating The Values Of Clinical Pedagogy Across Generations, Alistair E. Newbern

Vanderbilt Law School Faculty Publications

Clinical teaching is a Baby Boomer. After an extended infancy, it came of age in the 1960s. It challenged the entrenched isolation and aloofness of law school by questioning the very methods by which law is taught. Channeling the Boomers' cultural tenets of dismantling hierarchy, fostering collaboration, and advocating for social change, it shook off legal academia's suit and tie and rolled up its sleeves, bringing the community into the classroom and putting the university to work. These Boomer-era values are reflected in clinical teaching's enduring core principles of non-directive teaching, reflective practice, close and immediate supervision, learning from experience, …

He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science, Joni Hersch, Beverly Moran

Vanderbilt Law School Faculty Publications

We examine whether two national newspapers (The New York Times and The Wall Street Journal) provide a realistic representation of sexual harassment in the workplace by comparing media coverage to empirical evidence on sexual harassment drawn from three distinct sources: reports of workplace sexual harassment that emerge from employee self-reporting through a sexual harassment survey of government employees, charges of sexual harassment gathered through Equal Employment Opportunity Commission charge data, and federal district court complaints recorded by the Public Access to Court Electronic Records system. Whether intentional or inadvertent, the national media influences attitudes and subsequent behavior. We find that …

Plea Bargains That Waive Claims Of Ineffective Assistance - Waiving Padilla And Fry, Nancy J. King

Vanderbilt Law School Faculty Publications

This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations leading to the agreement. Contrary to other commentators and some courts, I argue that the Constitution does not forbid the enforcement of such a waiver, and review steps a judge may have to take in order to ensure that a defendant’s express waiver of the right to effective representation during plea bargaining is knowing and voluntary. I also argue that although the Constitution does not prohibit …

Preemption Under The Controlled Substances Act, Robert A. Mikos

Vanderbilt Law School Faculty Publications

States are conducting increasingly bold experiments with their marijuana laws, but questions linger over their authority to deviate from the federal Controlled Substances Act. The CSA bans marijuana outright, and commentators have assumed that Congress sought to preempt all state laws that might somehow conflict with the CSA. Under the preemption rule now in vogue, state marijuana reforms are preempted if they either require someone to violate the CSA or, more controversially, if they pose an obstacle to Congress’s objective of eradicating marijuana. Seeking to avoid such conflicts, government officials have scuttled a number of important state marijuana reforms. This …

The Emotionally Intelligent Judge, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Judges, like all of us, have been acculturated to an ideal of dispassion. But judges experience emotion on a regular basis. Judicial emotion must be managed competently. The psychology of emotion regulation can help judges learn to prepare realistically for, and respond thoughtfully to, the emotions they are bound to feel. This short piece, written for a judicial audience, synthesizes research that can help judges accept, analyze, and shape the emotional aspects of their work.

屬靈戰爭與旅遊 : 一個短期宣教活動的個案研究, Lai Ieng Lau

Lingnan Theses

本研究試圖描繪香港細胞小組教會網絡短宣參加者的歷程及屬靈體驗，指出他們在旅途內的所見所聞受到了特定的宗教論述及旅遊操作所形塑和建構，而在此脈絡下產生的屬靈經驗可能不再純粹是神秘的、超自然和非物質的力量，相反它是可預期的文化產物，甚至不是本真(authentic)的屬靈經驗。然而，這種被建構的宗教及屬靈視野選擇性地把某些社會文化或問題 (如貧窮、種族主義、色情和異教文化)簡約歸類為邪惡他者的陰謀和控制，巧妙地隱藏或迴避了問題背後複雜而糾結的社會、經濟、政治及文化張力；同時鞏固了基督徒的身份認同及基督教的優越感，並相信基督教的價值觀獲得超越而且凌駕一切文化的合法性，然後將短宣內的屬靈經驗視為經歷神的重要證據。

此研究亦有助我們反思全球靈恩運動(Global Pentecostalism)的擴張，全球靈恩運動是近年基督教內增長最迅速的宗教運動，以屬靈恩賜、屬靈戰爭及繁榮神學(Prosperity Gospel)為主要特徵。除了依賴龐大的宗教媒體和超級教會等意識形態機器宣傳外，透過細緻的旅遊操作、宗教論述及靈性實踐，使短宣成為全球靈恩運動擴張的途徑之一，甚至讓這場源自美國的宗教運動轉化成本土的宗教內容。

The Art Of Irene Chou (Zhou Luyun, 1924-2011) : A Case Study Of Ink Painting, Hung Sheng

Lingnan Theses

Ink Painting was first initiated by Lui Shou Kwan (1919 - 1975) in the 1960s and it had a significant and remarkable influence on Hong Kong painters. It aimed to revitalize Chinese painting as a reaction largely triggered by the dominant trend of imitative practice of the Lingnan School in Hong Kong at the time. Lui stressed the importance of gen (根 root) and shi (適 adaption) and signaled many possibilities of ink painting as a new category. Gradually, a group of artists pursuing the same goal gathered and made the Ink Painting Movement possible. Irene Chou was one of …

رأس المال النفسي وأثره في الاستغراق الوظيفي, كمال كاظم طاهر الحسني

Muthanna Journal of Administrative and Economics Sciences

سعى البحث إلى استكشاف ملامح رأس المال النفسي بأبعاده (الكفاءة الذاتية (Self efficacy)، التفاؤل (Optimism) ، الأمل (Hope)، والمرونة أو الاسترجاع (Resiliency) )، وتأثيره على الاستغراق الوظيفي بعناصره (الحماس (Vigor) , الإخلاص أو التفاني (Dedication), الانغماس (Absorption)). وبموجب ما تقدم يتبنى البحث الحاضر منهجا تكاملياً، ووصفاً وتحليلاً , لمتغيرات البحث , تكونت عينة البحث من (52) تدريسياً في كلية الإدارة والاقتصاد وكلية التربية الرياضية / جامعة المثنى ), و استعملت الاستبانة كأداة أساسية لجمع البيانات, استعمل البحث العديد من الوسائل الإحصائية كالانحرافات المعيارية ,المتوسطات الحسابية , معامل الاختلاف , الارتباطات وتحليل التباين ANOVA بمساعدة البرنامج الجاهز ((SPSS.var.20, توصل البحث إلى …

المحور الُمحَاسَبيّ (تقييم كفاءة إدارة مخاطر الائتمان في البنوك الإسلاميه الأردنيه), عز الدين نايف عنانزه, محمد داؤد عثمان

Muthanna Journal of Administrative and Economics Sciences

الملخص يعد النشاط الائتماني احد اهم الوظائف الرئيسيه التي تقدمها المصارف وهي من اكثر الانشطه ربحاً و خطورة، ، فلذلك جاءت هذه الدراسه لتسلط الضوء على هذه الوظيفه لدى القطاع المصرفي الاسلامي، وكان ذلك من خلال تسليط الضوء على مراحل ادارة مخاطر الائتمان في المصارف الاسلاميه بالأضافة إلى اختبار مدى كفاءة ادارة مخاطر الائتمان وربطها مع جودة المحافظ الائتمانيه في المصارف الاسلاميه خلال الازمه الماليه العالميه الاخيره.وقد بينت الدراسه نتائج تعكس الكفاءة والنجاح الملحوظ لعينة الدراسة في عمليه ادارة مخاطر الائتمان، مما انعكس ذلك ايجابياً على مؤشر الاداء للعينه، واستطاعت بنوك العينه بناء محافظ ائتمانيه ذات جوده عاليه، مما مكنها …

Managerial Descriptions Of Characteristics And Communication Rule Violations Of Millennial Employees: Insights Into The Hospitality Industry, Nicole Baker

Electronic Theses and Dissertations

Millennials are the newest generation to enter the workforce. When Millennials enter organizations, managers construct perceptions about Millennials’ communication behaviors, including their characteristics and adherence to organizational rules. These perceptions help managers decide Millennials’ organizational fit. A review of literature revealed a scarcity of empirical research in this area with little empirical research from communication scholars who apply communication frameworks, theories, and concepts. This research used the lens of social constructionism to understand the membership categorization devices and category-bound activities managers use to characterize Millennials. In order to better understand how Millennials conform to and change organizational culture, data were …

The Implications Of A High Academic Ability Learning Environment On Third Grade Gifted Students' Academic Achievement In Florida Public Schools, Julie Cady

Electronic Theses and Dissertations

The purpose of this two year study was to investigate the implications of a high academic ability learning environment on the achievement scores of third grade gifted students who attended the Florida Brevard County Public School System. Learning environment was defined by the students’ academic ability level, whether high academic ability or heterogeneous academic ability, and for this study was the independent variable. Academic achievement, as measured by the 2011 and the 2012 Florida Comprehensive Assessment Test® 2.0 (FCAT 2.0) Mathematics and Reading Developmental Scale Scores (DSS), was the dependent variable. Other student data such as gender and socioeconomic status …

Textual Analysis Of The Portrayals Of The Roma In A U.S. Newspaper, Sabrina Deaton

Electronic Theses and Dissertations

This study examined the media portrayals of Roma in the United States by taking a closer look at ―Gypsy crime‖ articles in a purposive sample of newspaper articles. These newspaper articles give details of ―confidence‖ crimes and name the alleged perpetrators as Roma or members of the ethnic minority group commonly known as Gypsies. A textual analysis was conducted of 23 articles appearing in the South Florida Sun-Sentinel from August 16, 2011 to February 8, 2013 covering fraud charges against several members of the Marks family. This primary evaluation narrowed the initial sample to nine articles that contained references to …