Digital Commons Network^™

Assessing Transnational Private Regulation Of The Otc Derivatives Market: Isda, The Bba, And The Future Of Financial Reform, Gabriel V. Rauterberg, Andrew Verstein

Articles

For the last twenty years, the dominant narrative of the over-the-counter derivatives market has been one of absent regulation, deregulation, and regulatory conflict, predictably resulting in disaster. This Article challenges this narrative, arguing that the global derivatives market has been subject to pervasive and harmonized regulation by what should be recognized as transnational private regulators. Recognizing the reality of widespread transnational private regulation of derivatives has significant implications, which this Article explores. Appreciating the actual regulatory status quo is essential if policymakers are to correctly diagnose problems, avoid past regulatory errors, and plan effective remedies. There are also advantages to …

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

Articles

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 everyday 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, financial …

Accelerating The Growth Of The Next Generation Of Innovators, Dana Thompson

Articles

In a recent study on the best practices of business incubators that contribute to the success of startups, one of the best practices asserted is to include a business lawyer on the advisory board of business incubators, who may suggest necessary legal issues for startups to address and connect the incubator startups with legal assistance. Although many college and university incubators may have access to experienced attorneys who are able to provide advice, and who are able to represent student-led ventures, most do not have access to a university law clinic established to provide pro bono, direct legal representation and …

An Environmental History Of Malawi's 'Island In The Sky': The Mulanje Cedar And Imperial Forestry In British Nyasaland, 1890-1964., Kathleen J. Fichtel

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Mulanje cedar is a unique and endangered tree that is found only within the confines of the Mt. Mulanje Forest Reserve in southeastern Malawi. This dissertation examines the relationship between scientific forestry as introduced by British experts and the role and status of the endangered cedar. The British, like forest experts and other natural scientists today, believed the tree to be in danger of imminent demise. Economic expediency made it so that the tree was harvested by colonial officials from the beginning though they attempted to replace what they had taken. This did not work. Throughout the past century, …

Reservoir Simulation For Production Of Methane From Gas Hydrate Reservoirs Using Carbon Dioxide/Carbon Dioxide+Nitrogen By Hydrateressim., Nagasree Garapati

Graduate Theses, Dissertations, and Problem Reports (ETD)

Natural gas hydrate reservoirs are likely to contain more carbon than in all other fossil fuel reserves combined. Different techniques currently being proposed for production of CH4 from hydrate deposits include depressurization, thermal stimulation and inhibitor injection. These processes involve the dissociation of hydrate and the release of significant volumes of water, which may cause geomechanical stress on the reservoir leading to subsidence. A series of experimental studies over the decade reviewed the feasibility of using CO2/CO2+N2 gas mixtures to recover CH4 gas from the hydrates, which serves the dual purpose of CO2 sequestration and production of CH4 while maintaining …

A Name Of One’S Own: The Spousal Permission Requirement And The Persistence Of Patriarchy, Beth D. Cohen

Faculty Scholarship

This Article addresses a discrete but inequitable issue in the area of name-change law. As the law currently operates in Massachusetts, the process by which a married person, usually a woman, can seek a legal name change requires signed permission—the written assent of a spouse. In the absence of such signed permission or spousal consent, a married person seeking a name change is required to serve his or her spouse by certified mail, as an adversary, in what is otherwise typically a nonadversarial administrative legal process. This requirement of spousal notification and consent, although gender neutral on its face, has …

The New State Postconviction, Giovanna Shay

Faculty Scholarship

This Article examines two October Term 2011 Supreme Court cases – Maples v. Thomas and Martinez v. Ryan – which have a significant impact on the provision of counsel in state postconviction proceedings. In Maples and Martinez the Court expanded the circumstances in which deficient performance by state postconviction counsel can overcome procedural default, to permit the prisoner to litigate defaulted claims on the merits in federal habeas. The Author argues that, given the increased significance of state postconviction under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), Maples and Martinez could have a salutary effect on the development of …

Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience, Lisa Reel Schmidt, Steve Garland, Robert Statchen

Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panelists advance two premises: First, that law schools need to teach transactional skills because many students will either focus on transactional law or practice general law where transactional skills are necessary; and second, that some of the transactional skills the schools teach should be specific to main street lawyering because a number of students will be main street lawyers. The panelists explain how the transactional skills necessary for main street lawyering differ from skills needed in litigation and big law firms. They …

Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom, Barbara A. Noah

Faculty Scholarship

This Essay considers the different approaches to end of life decision making for incapacitated patients in the United States and in the United Kingdom. In the United States, individual patient autonomy is the primary guidepost for making end of life decisions for incapacitated patients. In the United Kingdom, patient preference is openly and deliberately supplemented with a careful consideration of the patient’s best interest. To contrast the two approaches, the Essay focuses on two cases involving patients in permanent vegetative states (PVS) for whom little was known about their respective individual preferences, and it analyzes the differences in conceptualization and …

Securing Equal Access To Sex-Segregated Facilities For Transgender Students, Harper Jean Tobin, Jennifer L. Levi

Faculty Scholarship

If Title IX is to have any real meaning for transgender students, it must protect a student's ability to live and participate in school as a member of the gender with which they identify. This means that students must be permitted to use gender-segregated spaces, including restrooms and locker rooms, consistent with their gender identity, without restriction. Denial of equal access to facilities that correspond to a student's gender identity singles out and stigmatizes transgender students, inflicts humiliation and trauma, interferes with medical treatment, and empowers bullies. A student subjected to these conditions is, by definition, deprived of an equal …

None But The Bravest Of Men: Violence And Popular Sovereignty In Revolutionary War Veteran Narratives., James M. Greene

Graduate Theses, Dissertations, and Problem Reports (ETD)

Starting with Ethan Allen's 1778 captivity narrative, the Revolutionary War veteran narrative became a small, but popular, subgenre of early American life writing. In this project, I argue that the genre encouraged a myth of the republican citizen-soldier in the early United States that supported the delegation of popular sovereignty toward the institutional management of a strong central government. As a synecdoche for a continental body politic, the Revolutionary veteran appeared as both the source of sovereignty as a citizen and an agent of this authority as a soldier. The genre has typically been understood as one that appeals for …

Driving The Bow: Fiddle And Dance Studies From Around The North Atlantic, 2nd Edition, Chris J. Goertzen

Faculty Publications

No abstract provided.

On The Currents And Transports Connected With The Atlantic Meridional Overturning Circulation In The Subpolar North Atlantic, X. Xu, H. E. Hurlburt, W. J. Schmitz Jr., R. Zantopp, J. Fischer, P.J. Hogan

Faculty Publications

Results from an interannually forced, 0.08 degrees eddy-resolving simulation based on the Hybrid Coordinate Ocean Model, in conjunction with a small but well-determined transport database, are used to investigate the currents and transports associated with the Atlantic meridional overturning circulation (AMOC) in the subpolar North Atlantic (SPNA). The model results yield a consistent warming in the western SPNA since the early 1990s, along with mean transports similar to those observed for the trans-basin AMOC across the World Ocean Circulation Experiment hydrographic section AR19 (16.4 Sv) and boundary currents at the exit of the Labrador Sea near 53 degrees N (39.0 …

The Punishment Of Gaza, Edward Sayre

Faculty Publications

No abstract provided.

An Ice-Core Pollen Record Showing Vegetation Response To Late-Glacial And Holocene Climate Changes At Nevado Sajama, Bolivia, C. A. Reese, K. B. Liu, L. G. Thompson

Faculty Publications

We present the results of pollen analysis performed on an ice core recovered from Nevado Sajama, Bolivia, dated to 25 ka BP. Low pollen concentrations from 25 to 15 ka BP are consistent with the scenario of an expanded ice cap surrounded by sparse vegetation and cold conditions on the Altiplano during the Last Glacial Maximum. After 15 ka BP, more pollen is present and percentages show vegetation response to climate fluctuations during the late Pleistocene. Initially, high concentrations of Poaceae pollen are replaced by Asteraceae pollen, suggesting the occurrence of dry conditions towards the end of the Bolling-Allerod/Guantiva interstadial. …

A Mixed Methods Study Of Maternal Competence And Self-Efficacy Theory In First-Time, Low-Income Mothers., Debra Copeland, Bonnie Lee Harbaugh

Faculty Publications

No abstract provided.

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

Articles

With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker

Articles

Since I started teaching drafting, I would like to think that I have continued to learn some lessons about teaching both the substance and the skills of transactional drafting. One of those lessons that I am going to be talking about today is one that I stumbled across by happy accident rather than one that I consciously sought. Specifically, I want to talk about and highlight the ways that law students can use law firm marketing materials to increase their understanding of both drafting and lawyering skills in law school and, hopefully, in practice.

Did Booker Increase Sentencing Disparity? Why The Evidence Is Unpersuasive, Sonja B. Starr

Articles

The Sentencing Commission’s recent report on the effects of United States v.Booker makes a number of very worri- some claims.The most alarming is that the gap in sen- tences between otherwise similar Black and White men has nearly quadrupled: from 4.5 percent before Booker, to 15 percent after it, to 19.5 percent after United States v. Kimbrough and United States v.Gall. 1 The Commission further claims that interjudge disparity has increased in two-thirds of the federal districts, and that interdistrict variation has also increased.2 If its findings were accurate, and if these changes could be causally attributed to Booker and …

Prometheus Rebound: Diagnostics, Nature, And Mathematical Algorithms, Rebecca S. Eisenberg

Articles

The Supreme Court’s decision last Term in Mayo v. Prometheus left considerable uncertainty as to the boundaries of patentable subject matter for molecular diagnostic inventions. First, the Court took an expansive approach to what counts as an unpatentable natural law by applying that term to the relationship set forth in the challenged patent between a patient’s levels of a drug metabolite and the indication of a need to adjust the patient’s drug dosage. And second, in evaluating whether the patent claims add enough to this unpatentable natural law to be patent eligible, the Court did not consult precedents concerning the …

A Study Of Brian Bevelander's "Synthecisms No. 2" For Piano And Pre-Recorded Tape., Wei Tuck Chan

Graduate Theses, Dissertations, and Problem Reports (ETD)

The mid-twentieth century marks an important time for electroacoustic music. The availability and commercialization of reel-to-reel magnetic tape changed the broadcast and recording landscape. Accessibility to magnetic tape gave composers easier means to edit pre-recorded sounds by employing various new compositional procedures. Interest in electroacoustic music in America grew after the introduction of works by Vladimir Ussachevsky and Otto Luening in 1952. After that, electroacoustic music studios began being established throughout the country. Works for live instruments plus pre-recorded sounds began appearing in the late 1950s. Many of the works written for piano and pre-recorded sounds showcase various performance settings, …

Efficacy Of Parent-Child Interaction Therapy With Parents With Intellectual Disability., Karishma Chengappa

Graduate Theses, Dissertations, and Problem Reports (ETD)

Parents with intellectual disability are faced with the challenges of parenting as well as with having to deal with cognitive difficulties and limited financial and social supports. Deficits in parenting ability often are associated with poor child outcomes such as developmental delays, mental health concerns, neglect, and disruptive behavior disorders. Parents with intellectual disabilities frequently come under the scrutiny of child protective services for neglect and inadequate parenting and are often overrepresented in child maltreatment proceedings. When given systematic skills training using applied behavior analysis, these parents have been shown to improve a narrow range of basic child care skills. …

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson

Faculty Scholarship

Of the four discrete questions before the Court in National Federation of Independent Business v. Sebelius, the Medicaid expansion held the greatest potential for destabilization from both a statutory and a constitutional perspective. As authors of an amicus brief supporting the Medicaid expansion, and scholars with expertise in health law who have been cited by the Court, we show in this article why NFIB is likely to fulfill that promise.

For the first time in its history, the Court held federal legislation based upon the spending power to be unconstitutionally coercive. Chief Justice Roberts’ plurality (joined for future voting purposes …

Small Business Disaster Assistance, Peggy Maisel, Natalie Roman

Faculty Scholarship

When a disaster hits, it affects the entire community. A small business is especially vulnerable because it does not necessarily have the resources to respond to a disaster or to catastrophic damage. In fact, it is reported that approximately 25 percent of small businesses that close due to a disaster never reopen, and 40 percent of small businesses hit directly by a serious natural disaster do not recover. This is true regardless of what kind of disaster is involved, from a hurricane, a tornado, an earthquake, flooding, winter storms, or even civil unrest or terrorism.
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Do Forensic Interviewing Methods Or The Presentation Of Research Findings Effect Juror's Perceptions Of Child Witnesses?, Pamela Tessier

Graduate Theses, Dissertations, and Problem Reports (ETD)

It is not uncommon for children to be called to testify as eyewitnesses in court cases. In cases of child sexual abuse, children are often the only witness to the crime and are thus relied upon for truthful testimony in the case. Given a number of different forensic interviewing techniques, jurors may find themselves looking at some interview techniques as more credible and truth-inducing than others. This study aimed to find how much, if any, influence the type of interview used with the child has on the individual juror. It also aimed to assess the effect that presenting research findings …

Costume Design For Lend Me A Tenor., Alexandria Vazquez

Graduate Theses, Dissertations, and Problem Reports (ETD)

In Ken Ludwig’s Lend Me a Tenor, the audience is transported to the year 1934 and is given a glimpse of the behind-the-scenes antics that the employees of the Cleveland Grand Opera Company experience while preparing for a momentous performance of Otello with the famous Italian Tenor ‘Il Stupendo’, Tito Merelli. The study of this play’s historical context helped serve as the springboard for an original costume design to support the spirit of a farcical production at West Virginia University’s School of Theatre & Dance. Through an analysis of the social context, styles, and fashions of the time period and …

Chopped, Dropped & Rolled., Michael F. Loop

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis, in support of my exhibition, encompasses two of my passions; art and automobiles. In conjunction with my background in automotive restoration and backyard tinkering, I transform industrial materials, inherent to working on vehicles, (Bondo, automotive paint, hand-formed steel) into processes for art making. The pieces in this exhibition serve as an investigation into the process of making, while also paying homage to the canon of Modern and Postmodern art theories and practices, specifically Minimalism, Color Field painting, and Abstract Expressionism.

Beaumont Glass Site In Morgantown, Wv. Sustainable Urban Redevelopment Through Interpretive Design, Brownfield Reclamation And Mixed Uses., Maria Juliana Lloreda

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis project consists of a design approach to the former Beaumont Glass site and the adjacent sites, a total of 14.6 acres. The city of Morgantown and its downtown area are in need of demonstrations of sustainable development practices and mixed use design. The project design and development focus on site inventory and analysis, historic quality of the site, needs of the community, and stakeholder expectations. The applied design strategies are based on sustainable development, interpretive design, brownfield reclamation, phytoremediation technologies, and stormwater management. The vision of this project is the creation of an overall conceptual masterplan based on …

"Thir They Byen Thralls…" Chaucer's Boethian Poems And Usk's "Testament Of Love": Foundations Of English Prison Literature., Phillip Scott Dennis

Graduate Theses, Dissertations, and Problem Reports (ETD)

Fourteenth-century English society bore witness simultaneously to a marked increase of dedicated prison spaces and a proliferation of imaginative writing in English. Volumes of study have focused on the social implications of carceral practice, and many studies have also been dedicated to the rapid development of English as a literary and philosophical vehicle in the late Middle Ages. This study seeks to bridge these areas of scholarship by focusing on the political implications of early English prison writing. Close readings of Chaucer's "Boethian texts and Thomas Usk's Testament of Love, matched for their close overlaps in subject matter, audience, dates …

Effects Of Stereotype Threat On Adolescents' Math And Visual-Spatial Performance., Lisa M. Didonato

Graduate Theses, Dissertations, and Problem Reports (ETD)

Recent research suggests that the gender gap in math performance is closing (Else-Quest, Hyde, & Linn, 2010; Hyde, Lindberg, Linn, Ellis, & Williams, 2008). However, negative stereotypes about girls’ math abilities are still widely held (Bhanot & Jovanovic, 2005; Bleeker & Jacobs, 2004). The gender gap in visual-spatial skills, or the ability to reason about and manipulate mental pictures, still exists in that boys outperform girls on visual-spatial tasks. The current study drew from literature on stereotype threat (i.e., the risk of confirming negative stereotypes about a specific group; Steele, 1997) to investigate the impact of negative math stereotypes on …