Digital Commons Network^™

Who Will Regulate Class Action Lawyers?, Nancy J. Moore

Faculty Scholarship

In 2003, I published an article entitled “Who Should Regulate Class Action Lawyers?”1 In that article, I defended the decision of the American Bar Association’s (“ABA”) Commission on Evaluation of the Model Rules of Professional Conduct (the “Ethics 2000 Commission”), for which I was Chief Reporter, not to propose any substantial amendments to the ABA Model Rules of Professional Conduct (“Model Rules”) concerning the ethical conduct of class action lawyers.

There are many ethical issues that confront class action lawyers. In my 2003 article, I focused on conflicts of interest—an issue that courts and commentators have had difficulty resolving and …

When Law Moves Quicker Than Culture: Key Jurisprudential Regulations Shaping The Us Adult Content Production Industry., Chauntelle Anne Tibbals

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Recognition And Enforcement Of Out-Of-State Adoption Decrees Under The Full Faith And Credit Clause: The Case Of Supplemental Birth Certificates., Karel Raba

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Border Wars & The New Texas Navy: International Treaties, Waterways, And State Sovereignty After Arizona V. United States., Bill Piatt, Rachel Ambler

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Right To Court-Appointed Counsel In Removal Proceedings: An End To Wrongful Detention And Deportation Of U.S. Citizens., Renata Robertson

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

On Behalf Of An Ungrateful Nation: Military Naturalization, Aggravated Felonies And The Good Moral Character Requirement., B. Ryan Byrd

The Scholar: St. Mary's Law Review on Race and Social Justice

In the United States military, it is an aggravated felony for naturalization purposes to fraudulently enlist in the military and alter identity documents. This denotation under these circumstances does not require violence, the use of a weapon, or a formal conviction in a court of law. Acts with this designation are statutory permanent bars to citizenship because their presence in an applicant’s record prevents a finding of good moral character, one of the requirements for naturalization. Alternatively, the presence of prior crimes in a legal permanent resident’s background are not serious enough to prevent enlistment in the military. Over 31,000 …

Filling The Gap: A Call For Legislative Action And Community Mobilization To Implement Physical Education Requirements In Colleges And Universities., Lia M. Krautmanis

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

She Acts Guilty: Sexually Charged Consciousness Of Guilt Evidence Should Be Excluded Because It Is Biased Against Women., Colin Caffrey

The Scholar: St. Mary's Law Review on Race and Social Justice

A lawyer may submit sexually charged evidence under a consciousness of guilt theory. Utilizing this type of evidence convicts women based on their character, not for their alleged crimes, in criminal cases across America. Consciousness of guilt evidence holds bias because it exploits common gender stereotypes in order to obtain criminal convictions. Sexually charged evidence does not directly show a defendant’s guilt, but simply allows the jury to infer guilt based on a defendant’s conduct. Violating gender norms or reacting to the occurrence of a tragedy differently than one might normally expect is not an admission of guilt. Sexually charged …

Compatibility Of Democracy And Islam Or The Lack Thereof: A Closer Look At Whether The Arab Spring Was Ever Capable Of Culminating Into A Viable Democracy In The Arab World., Alvaro Hasani

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich

The Scholar: St. Mary's Law Review on Race and Social Justice

In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …

Through The Backdoor: Manipulating Assumption Of Risk And Contributory Negligence To Apply In Texas Nonsubscriber Causes Of Action., Lara Brock, Javier Espinoza

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas’s nonsubscriber law precedence and interpretation directly conflict with the plain language and legislative intent of Texas Labor Code § 406.033. The purpose of § 406.033 is to protect injured workers and to encourage employers to subscribe to the state’s workers’ compensation system. Texas, however, allows employers to opt-out. Employers who elect to opt out of the workers’ compensation system are called “nonsubscribers.” By making this decision, nonsubscribers save on the cost of paying premiums for worker’s compensation, but potentially expose themselves to total liability against injured employees who can prove his or her employer breached one of their defined …

State Institutions Without Walls: Chronic Homelessness For People With Mental Illness Can Be Brought To An End., Theresa Clarke

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Characterization Of Macromolecular Structure Of Pyrolysis Products From A Colorado Green River Oil Shale, James L. Hillier, Thomas H. Fletcher, Mark S. Solum, Ronald J. Pugmire

Faculty Publications

Volatile products from an oil shale from the Colorado Green River formation were studied by several methods. The oil shale was demineralized, and the resulting kerogen was also chemically analyzed. Both the oil shale and the demineralized kerogen were pyrolyzed at 10 K/min, and the pyrolysis products (light gas, tar, and char) were analyzed using 13C NMR, XPS, GC/MS, and FTIR. Low temperature ashing was performed in order to compare pyrolysis yields of oil shale and demineralized kerogen on a dry ash-free basis. Volatile yields of approximately 75% were achieved in an oil shale retort and 79% in the kerogen …

Prediction Of Sawdust Pyrolysis Yields From A Flat-Flame Burner Using The Cpd Model, Aaron D. Lewis, Thomas H. Fletcher

Faculty Publications

High heating rate pyrolysis experiments were performed on a softwood sawdust in a flat-flame burner reactor at temperatures from 1163 to 1433 K with particle residence times ranging from 23 to 102 ms at atmospheric pressure. Volatile yields of the 45−75 μm sawdust were measured and are believed to be similar to those that would occur in an industrial entrained-flow combustor or gasifier. A refractory tar yield near 1.5 wt % (dry, ash-free) was measured. A high percentage of the fully pyrolyzed sawdust char was spherical, having lost the original sawdust structure. It is suggested that the morphology of sawdust …

The Effect Of Dialect On Speech Audiometry Testing, Shawn L. Nissen, Richard W. Harris, Ron W. Channell, Nathan E. Richardson, Jamie A. Garlick, Dennis L. Eggett

Faculty Publications

Purpose: In this study, the authors examined the validity of using materials from 2 nonregional yet mutually intelligible dialects to evaluate an individual’s speech recognition threshold (SRT) and word recognition (WR) abilities and whether a speaker of 1 dialect could accurately administer and score materials in the other dialect. Method: Previously created SRT and WR materials were presented to 32 Mandarin listeners with normal hearing:16 speakers of Mainland Mandarin and 16 speakers of Taiwan Mandarin. Hearing abilities were examined using SRT and WR materials created for speakers from 2 different regional dialects. Presentation of the materials occur red during 2 …

Young People’S Experiences Of Living With Type 1 Diabetes, Tina M. Taylor, Cheryl Scholes, Barbara Mandleco, Susanne Roper, Karen Dearing, Donna Freeborn

Faculty Publications

Scholes C et al (2013) Young people’s experiences of living with type 1 diabetes. Nursing Times; 109: 45, 23-25. Young people with type 1 diabetes mellitus face a unique set of challenges: their own and their family’s perspectives of the disease and treatment impact on how well they manage metabolic control. Hormonal changes, desire for autonomy and emotional distress can influence self-management. This study aimed to better understand the perspective of young people with diabetes and to find out whether metabolic rate affects how individuals’ view the disease and treatment. The findings are used to make suggestions for treatment approaches.

Social Network Development During Study Abroad In Japan, Spencer A. Ring, Daniel Gardner, Dan Dewey

Faculty Publications

In this chapter, we investigate how students studying abroad in Japan form social networks. As Whitworth (2006) and Fraser (2002) have found, social networks can play an integral role in language proficiency development and language gains during study abroad (SA). However, much is yet to be understood regarding the processes by which SA students form social networks. The present study addresses this issue. Using the Study Abroad Social Interaction Questionnaire (SASIQ), we collected data regarding the social network formation of 204 students who studied abroad in Japan. Sample trends include students' participation in school and community clubs and social circles, …

The Influence Of Asynchronous Video Communication On Learner Social Presence: A Narrative Analysis Of Four Cases, Jered Borup, Richard E. West, Charles R. Graham

Faculty Publications

Online courses are increasingly using asynchronous video communication. However, little is known about how asynchronous video communication influences students’ communication patterns. This study presents four narratives of students with varying characteristics who engaged in asynchronous video communication. The extrovert valued the efficiency of making video comments but saw little value in viewing the video comments of her peers. Somewhat inversely, the English language learner valued the video comments of her peers but lacked the ability to fully participate herself. The introverted student valued the flexibility and richness of asynchronous video but spent an inordinate amount of time recording her videos. …

A Descriptive Study Of Factors Associated With The Internal Audit Function Having An Impact: Comparisons Between Organizations In A Developed And An Emerging Economy, Audrey A. Gramling, Irem Nuhoglu, David A. Wood

Faculty Publications

An internal audit function (IAF) should positively impact financial reporting and governance, and add value to its organization. We provide evidence on IAF factors (i.e., characteristics, activities, work areas) associated with these types of impact and whether these factors, and their influence on various impacts, differ between a developed and an emerging economy (i.e., US, Turkey). Factors positively associated with financial reporting in the US are assurance activities, control work, and competence; in Turkey, significant factors are governance work and competence. For governance, we find that the factors positively associated with it in the US include assurance activities, governance work, …

Acquirer Valuation And Acquisition Decisions: Identifying Mispricing Using Short Interest, Itzhak Ben-David, Michael S. Drake, Darren T. Roulstone

Faculty Publications

We use short interest as an investor-based measure of over/undervaluation that distinguishes between the misvaluation and Q-theories of mergers. Using this measure, we find that misvaluation is a strong determinant of merger decision making. Firms in the top quintile of short interest are 54% more likely to engage in stock acquisitions and 22% less likely to engage in cash acquisitions. Stock (but not cash) acquirers have higher short interest than their targets. Overall, our results suggest that the previously documented underperformance of stock acquirers and the overperformance of cash acquirers can be explained by misvaluation, as captured by short interest.

Factors Associated With Price Reactions And Analysts’ Forecast Revisions Around Sec Filings, Theodore E. Christensen, William G. Heninger, Earl K. Stice

Faculty Publications

We investigate the extent to which rapid accessibility of financial reports filed electronically through the Securities and Exchange Commission’s EDGAR system has affected the ability of investors and security analysts to use accounting data in pricing decisions and forecasting. Consistent with prior research, we find evidence confirming that stock price reactions to SEC filings are significant in the EDGAR period but not the pre-EDGAR period. We also find significant revisions in analysts’ one-quarter-ahead earnings forecasts around SEC filings dates in both the pre-EDGAR and EDGAR periods. The price and forecast revision evidence indicates that financial analysts have used SEC filings …

Exploring The Role Delaware Plays As A Domestic Tax Haven, Scott D. Dyreng, Bradley P. Lindsey, Jacob Thornock

Faculty Publications

We examine whether Delaware is a domestic tax haven. We find that taxes play an economically important role in determining whether U.S. firms locate subsidiaries in Delaware and that a Delaware-based state tax avoidance strategy lowers state effective tax rates by between 0.7 and 1.1 percentage points, on average. The tax savings represent a 15–24% decrease in the state income tax burden and translate to an increase in net income of 1.04–1.47%. However, we find that the tax benefits of Delaware tax strategies are diminishing over time in response to initiatives by state governments to limit multistate tax avoidance.

Can Short Restrictions Actually Increase Informed Short Selling?, Adam C. Kolasinski, Adam Reed, Jacob Thornock

Faculty Publications

We use the 2008 short selling regulations to test whether short sale restrictions can increase informed short selling. For the preborrow requirement, we find more negative price reactions to short interest announcements though no reliable increase in the price impact of short sales volume. For the stocks with banned short sales, we find an increase in the price impact of short sale volume though no reliable change in the price reaction to short interest announcements. Both restrictions, however, are associated with increased informed trading. Our results suggest that short restrictions will not reduce informed short selling and may actually result …

The Effects Of Dividend Taxation On Short Selling And Market Quality, Jacob Thornock

Faculty Publications

This study examines the effects of dividend taxation on the primary parties involved in a short sale: the lender of the stock and the short seller. For stock lenders, dividend taxation is associated with a decrease in the supply of shortable shares and an increase in equity lending fees around the dividend record date. For short sellers, potential reimbursement costs are associated with a significant decrease in short volume before the ex-dividend date followed by a significant increase after the ex-date. Prior research shows that short selling improves price efficiency and formation. Hence, because of the negative effects of taxation …

Enhancing Auditor Professional Skepticism: The Professional Skepticism Continuum, Steven M. Glover, Douglas F. Prawitt

Faculty Publications

The Standards Working Group (SWG) of the Global Public Policy Committee of the six largest global accounting networks is committed to improving the quality of financial statement audits and as such has a keen interest in advancing the understanding and application of professional skepticism. The SWG accordingly commissioned leading academics to produce this thought leadership paper. The purpose of the paper is to facilitate an ongoing discussion between the profession, standard setters, regulators, investors, audit committees, and other interested stakeholders. While the SWG believes this paper accomplishes that objective, not all of the views expressed in this paper necessarily represent …

Community College Presidents' Perspectives Of Dichotomous Events: The Consequences Of The Great Recession & Coincidental Increased Enrollment, Corey W. Carlson

Educational Leadership & Workforce Development Theses & Dissertations

The community college, like all of higher education, has been significantly impacted by the Great Recession and coincidental increased enrollment. The purpose of this qualitative study was to examine the decision making processes of community college presidents as related to resource allocation and the impact of these decisions on the comprehensive community college mission. Declining state funding and increased enrollments have greatly impacted how community college leaders make decisions with leaders incorporating shared governance and informed decision-making. Community college leaders have also been proactively seeking out alternative revenue streams in order to help offset decreased state funding. Findings of this …

The Effects Of Group Size On Student Learning, Student Contributions, \Mental Effort, And Group Outcomes For Middle-Aged Adults Working In An Ill-Structured Problem-Solving Environment, Gary Lee Roemmich

STEMPS Theses & Dissertations

Group work has become increasingly important within adult education as educators strive to present students with problems and processes that they encounter in their professional lives. In many work environments, individuals are expected to function as a part of a team to solve complex problems. Consequently, there has been a shift towards teaching students how to solve problems as part of a group rather than individually. An important question becomes "What size group maximizes students learning?" This study compared student learning, student participation levels, and mental effort for middle-aged, professional students in large (six students) and small groups (three students) …

Naval Surface Warfare Center Dahlgren Division Engagement Systems (G) Department Development Of A Plan To Maintain, Expand, And Create Corporate Knowledge, Luis J. Rodriguez

Engineering Management & Systems Engineering Theses & Dissertations

This dissertation presents the implementation of an organizational study in a technical organization that provides basic information for proper decision making to establish, continue, nurture, modify, transfer or terminate a Knowledge Management (KM) practice. Different aspects of an organization influence the capability to create and retain knowledge. Understanding the factors and the environment of the KM problem in an organization is essential for a successful plan and execution of knowledge creation, transfer and retention. The study purpose was to describe the contextual situation of the organization in terms of Human, Structural and Relational Capital; identify critical knowledge for the organization …

2013 Weed Science Research Report – Gold Section, Ndsu Weed Science, Dept. Of Plant Sciences

Plant Sciences Weed Science Reports

The Weed Science team at North Dakota State University conduct field research in the State of North Dakota. This specific document reports on field research conducted in 2013. It includes work on sugarbeet and the management of several weeds in North Dakota.