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Library Instruction Case Wiki, Andy Spackman

Faculty Publications

We hope you find the guides and case studies collected here helpful, and we invite you to contribute by discussing your experiences on the discussion page for each case study, and by submitting case studies you have developed and used in your own instructional efforts.

Cases for Advanced Business Students

• Building a Company List - Trucking in Texas
• Company and Market Research - Big Sweety and the Chocolate Manufacturing Industry
• Determining Market Size - Infant Formula
• Entrepreneurial Marketing - The Comic Book Guy
• Global Trade and Economics - Manufacturing Medical Instruments
• International Business - Launching the Wii
• International Marketing - …

Stepping Up The Mérida Initiative: Community Policing As A Foundation For Building Resilient Communities And Reforming The Rule Of Law In Mexico, Rosa Acevedo

California Western International Law Journal

No abstract provided.

The Direct Costs From Npe Disputes, Michael J. Meurer, James Bessen

Faculty Scholarship

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls,” have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising from NPE patent assertions. We estimate that firms accrued $29 billion of direct costs in 2011. Although large firms accrued over half of direct costs, most of the defendants were small or medium-sized firms. Moreover, an examination of publicly listed NPEs indicates that little of …

Health Insurance Is Dead; Long Live Health Insurance, Wendy K. Mariner

Faculty Scholarship

Today, health insurance is no longer simply a class of insurance that covers risks to health, and it has not been so for many years. Health insurance has become a unique form of insurance — a mechanism to pay for healthcare that uses risk spreading as one of several pricing methods. The Affordable Care Act builds on this important payment function to create a complex social insurance system to finance healthcare for (almost) everyone. This article examines how the ACA draws on various conceptions of insurance to produce a quasi-social insurance system. This system poses new challenges to laws governing …

Report And Recommendations Of The Balance Of Crop Research Working Group Of The National Agricultural Research, Extension, Education And Economics (Nareee) Advisory Board, Mark Mclellan, Leo Holt, Twilya L'Ecuyer, Robert Taylor, Julia Sabin, Milo Shult, Anne Marie Thro, Paul Heisey

Biology Faculty Publications and Presentations

In December of 2012, the President’s Council of Advisors on Science & Technology (PCAST) issued a report to the President on Agricultural Preparedness and the Agriculture Research Enterprise. The PCAST report recognizes the long-term history of public investment in agricultural research. The report also recognized significant private investment into agricultural research. Significantly, the report is adamant that the agricultural research enterprise is not prepared to meet the challenges of the 21st century. The report cited two reasons:

1. too little competitive research and
2. an imbalance of research priorities between private and public funding sources.

This report addresses the latter issue.

Members …

Rodrigo's Equation: Race, Capitalism, And The Search For Reform, Richard Delgado

Articles

No abstract provided.

When Bank Examiners Get It Wrong: Financial Institution Appeals Of Material Supervisory Determinations, Julie Andersen Hill

Articles

Banks and credit unions sometimes complain that the examination process regulators use to police banking practices is oppressive. These financial institutions complain that regulators reach unduly negative examination conclusions known as "material supervisory determinations." Institutions are wary because negative determinations can subject an institution to further regulatory scrutiny or enforcement actions. To guard against erroneous determinations, Congress, in 1994, enacted a statute requiring federal financial institution regulators to provide an appeals process. Each of the four regulators (the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, and the National Credit Union Administration) adopted …

Monitoring, Reporting, And Fact-Finding: Does The Human Rights Council Report On Human Rights In North Korea Provide A Template For The Sri Lankan Investigation?, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 has already heralded two significant developments related to monitoring, reporting, and fact-finding (MRF) mechanisms for collecting information on alleged international law violations. First, the Human Rights Council (HRC) published their “Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea” in February. This report may provide a roadmap for the second important development, the HRC’s decision in March to investigate alleged international law violations during the final phase of the armed conflict in Sri Lanka. More broadly, both these efforts offer lessons for any group or body participating in …

Experimental Analysis Of Nest-Site Choice And Its Relationship To Nest Success In An Open-Cup–Nesting Passerine, Sarah Cancellieri, Michael T. Murphy

Biology Faculty Publications and Presentations

Nest placement presumably reflects selection for secure sites to minimize failure. Most tests of this hypothesis, however, have failed to support it. We used artificial nests (ARTs) to experimentally evaluate nest-site-choice behavior by an open-cup–nesting bird, the Eastern Kingbird (Tyrannus tyrannus). In 2010 and 2011, we placed ARTs in trees in the riparian zone at Malheur National Wildlife Refuge, Oregon, USA, to test whether (1) characteristics describing the physical location in trees of used and unused ARTs differed, (2) used ART sites more closely resembled naturally chosen sites, (3) successful natural nests (NATs) and successful ARTs were similarly …

Legal Mirrors Of Entrepreneurship, Mirit Eyal-Cohen

Articles

Small businesses are regarded the engine of the economy But just what is a small business Depending on where one looks in the law the definitions vary and they differ from one section to another Unfortunately what these various size classifications fail to assess are the policy considerations and the legislative intent for granting regulatory preferences to small concerns to begin with In the last century the US government has been cultivating one such policy of fiscal and economic growth Consequently Congress and private institutions have been acting to incentivize support and reward entrepreneurship through the law in order to …

Ndsu Magazine : Summer 2014

NDSU Magazine

No abstract provided.

Ndsu Magazine : Winter 2014

NDSU Magazine

No abstract provided.

Isomer Dependence In The Assembly And Lability Of Silver(I) Trifluoromethanesulfonate Complexes Of The Heteroditopic Ligands, 2-, 3-, And 4-[Di(1H-Pyrazolyl)Methyl]Phenyl(Di-P-Tolyl)Phosphine, James R. Gardinier, Jeewantha S. Hewage, Sergey V. Lindeman

Chemistry Faculty Research and Publications

Three isomers of a new heteroditopic ligand that contains a di(1H-pyrazolyl)methyl (−CHpz₂) moiety connected to a di(p-tolyl)phosphine group via a para-, meta-, or ortho-phenylene spacer (pL, mL, and oL, respectively) have been synthesized by using a palladium(0)-catalyzed coupling reaction between HP(p-tolyl)₂ and the appropriate isomer of (IC₆H₄)CHpz₂. The 1:1 complexes of silver(I) trifluoromethanesulfonate, Ag(OTf), were prepared to examine the nature of ligand coordination and the type of supramolecular isomer (monomeric, cyclic oligomeric, or polymeric) that would be obtained. …

Preface, John Shuford

Journal of Hate Studies

This volume, like Volume 11, focuses primarily on presenting peerreviewed scholarly articles developed from the selected proceedings of the 3rd International Conference on Hate Studies. Themed “The Pursuit of Justice: Understanding Hatred, Confronting Intolerance, Eliminating Inequality,” the conference was co-organized and hosted by the Gonzaga Institute for Hate Studies, the Gonzaga School of Law, and the Washington State Task Force on Race and the Criminal Justice System. Presenters and attendees from two dozen countries worldwide came to Spokane, Washington for four days in April 2013, in order to concentrate on how fear and ignorance of the “other” manifest in hatred, …

Misogyny And Marginalization In Criminal Justice Systems: Women’S Experiences In Two Post-Conflict Societies, Erin Tunney

Journal of Hate Studies

In Northern Ireland and South Africa, two countries that are attempting to rebuild their societies after extended periods of armed conflict, women who seek redress from gender-based violence through the criminal justice system encounter barriers to justice. Such barriers emerge from misogynistic attitudes toward women that prevent police from appropriately responding to reports of sexual and domestic violence, diminish the capacity of police and court officials to empathize with rather than blame victims, and impede judges from sentencing convicted perpetrators in proportion to their crimes. Despite the striking differences between these two countries, in each society women face similar patterns …

Limits On The Search For Truth In Criminal Procedure: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Across diverse legal traditions, the search for truth is a basic function of the criminal process. Uncovering the truth about the charged crime is regarded as an essential precondition to achieving justice, enforcing criminal law, and legitimating the verdict. Yet while truthseeking is a broadly accepted goal in the criminal process, no system seeks the truth at all costs. The search for truth must on occasion yield to considerations related to efficiency, democratic participation, and protection of individual rights.

Different jurisdictions around the world show different preferences with respect to the tradeoffs between these values and the search for truth …

Accountability Of International Prosecutors, Jenia I. Turner

Faculty Journal Articles and Book Chapters

The dilemma of holding prosecutors accountable while ensuring their independence was at the center of the debates surrounding the establishment of the International Criminal Court (ICC). The drafters of the Rome Statute for the ICC understood that the Court would be handling cases with significant political implications and yet working with limited resources and no independent enforcement capacity. To enhance prosecutors’ ability to operate successfully in this environment, the drafters enshrined prosecutorial independence into the Statute and gave prosecutors significant discretion over charging and investigation decisions. At the same time, drafters worried that ICC prosecutors were not sufficiently accountable to …

Finality And Rehabilitation, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

New science and evolving societal views have led commentators to question the doctrine of finality. This parallels commentators’ embrace of rehabilitation during the middle of the last century. Today, casting off the strictures of finality and embracing rehabilitation are considered complementary positions, but finality has historically been understood as promoting rehabilitation. This shift stems from our changing understandings of rehabilitation. Rehabilitation focuses on offender change — on whether an offender is a final product or, rather, whether he is capable of transformation. Offender change, though, could be either change in character or change in behavior, or a combination of these …

Juries And The Criminal Constitution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Judges are regularly deciding criminal constitutional issues based on changing societal values. For example, they are determining whether police officer conduct has violated society’s "reasonable expectations of privacy" under the Fourth Amendment and whether a criminal punishment fails to comport with the "evolving standards of decency that mark the progress of a maturing society" under the Eighth Amendment. Yet judges are not trained to assess societal values, nor do they, in assessing them, ordinarily consult data to determine what those values are. Instead, judges turn inward, to their own intuitions, morals, and values, to determine these matters. But judges’ internal …

Regulating Disruptive Innovation, Nathan Cortez

Faculty Journal Articles and Book Chapters

Disruption theory tells us that certain innovations can undermine existing products, firms, or even entire industries. Classic examples include the Kodak camera, the Bell telephone, and the Ford Model T. Modern examples abound. The market entrant’s innovation ultimately displaces industry incumbents. Regulators, too, are challenged by such disruptive innovations. The new product, technology, or business practice may fall within an agency’s jurisdiction but not square well with the agency’s existing regulatory framework. Call this “regulatory disruption.”

Most scholars intuit that regulators should be cautious rather than firm in such situations. Tim Wu, in Agency Threats, argues that agencies confronting disruptive …

Unilateral Climate Regulation, James W. Coleman

Faculty Journal Articles and Book Chapters

It is now plain that decades of negotiation toward a binding global climate treaty have failed. Yet, at the same time, many nations are adopting a range of unilateral policies to address climate change. The existing literature on climate policy neglects these unilateral climate regulations because it focuses on the necessity and possible design of a multilateral climate treaty. But these domestic regulations present a unique puzzle: given that climate outcomes are determined by global emissions, and that unilateral regulations inevitably influence incentives to regulate elsewhere, how can domestic action achieve the greatest marginal reduction in global emissions? In other …

The Constitutionality Of Negotiated Criminal Judgments In Germany, Thomas Weigend, Jenia I. Turner

Faculty Journal Articles and Book Chapters

In a long-awaited judgment, the German Constitutional Court in 2013 upheld the constitutionality of the 2009 German law authorizing the negotiation of criminal judgments between the court and the parties. In this Article, we provide background on recent developments in “plea bargaining” law and practice in Germany and offer a critique of the Court’s decision.

The Court attempted to rein in negotiated judgments by giving the statute a literal reading, emphasizing the limitations it places on negotiations, and strictly prohibiting any consensual disposition outside the statutory framework. The Court builds its judgment on the notion that the search for truth, …

Interstate Conflict And Cooperation In Criminal Cases: An American Perspective, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last decade, the European Union has adopted legislation that calls for the mutual recognition of arrest warrants, investigation orders, and penal judgments. These laws have aimed to strengthen the Union’s response to transnational crime, and EU policymakers are currently considering legislation to further harmonize the Union's law enforcement efforts. This Article compares these developments within the EU to the U.S. legal framework on mutual recognition in criminal matters. It examines the individual, state and systemic interests that U.S. state courts have considered in deciding whether to recognize other states' judgments, warrants, or investigative actions. These competing interests have …

Data Classification And Forecasting Using The Mahalanobis-Taguchi Method, Adebolaji A. Jobi-Taiwo

Masters Theses

"Classification and forecasting are useful concepts in the field of condition monitoring. Condition monitoring refers to the analysis and monitoring of system characteristics to understand and identify deviations from normal operating conditions. This can be performed for prediction, diagnosis, or prognosis or a combination of any these purposes. Fault identification and diagnosis are usually achieved through data classification, while forecasting methods are usually used to accomplish the prediction objective. Data gathered from monitoring systems often consists of multiple multivariate time series and is fed into a model for data analysis using various techniques. One of the data analysis techniques used …

Effect Of Stress Concentrations On Fatigue Of Composite And Metallic Structures, Ross Henry Falen

Masters Theses

"The complex shapes of hydrokinetic turbine blades can include part features such as a fillet, step, or hole. Situations can arise where two part features, such as a hole and a fillet, may be in close proximity which can introduce stress concentrations within the blade structure, adversely affecting the structure's life. Because the interaction between the part features isn't well known, fatigue data is needed to determine the proper analysis.

In this thesis, two separate topics are discussed and investigated. The first topic deals with stress concentrations in hydrokinetic turbine blades. Several blade designs were tested and improved upon to …

Comparison Of Costs Of Personal Protective Equipment For All Workers To Avoid Costs Of Fall Accidents, Sultan Noori Al-Karawi

Masters Theses

"The construction industry is one of the most important industries in the United States. It is the biggest contributor in the growth of the U.S. economy. Despite the great achievements and prominent role for this sector in the U.S. economy, the construction industry is suffering from neglect and dereliction by related government institutions and private companies. This neglect led to formation of a negative image about the construction industry that has caused a deep impact in productivity and economic growth. One of the reasons is a high percentage of accidents that occur within the construction industry which leads to injuries …

Theoretical Analysis Of Shape Separation Of Particles Using Flow Field-Flow Fractionation, Mehrdad Alfi

Masters Theses

"Size separation of spherical and rod-like particles in Flow Field-flow Fractionation was investigated theoretically. The effect of cross flow migration and rod orientation was also investigated as a new mode of study. It has been shown that the rod local orientation makes different diffusivity values in comparison with spherical particles and helps particle separation. Additionally, a new mechanism of lift-hypelayer mode was used for rod-like particles which can be compared with steric mode of spherical particles. This mechanism is said to be due to hydrodynamic interaction of rod-like particle with wall and with other rods.

As a measure of axial …

An Investigation Of Contaminant Metal Distribution And Mineral Speciation In The Soil Near The Buick Recycling Division Smelter, Iron County, Missouri, Krista Nicole Rybacki

Masters Theses

"Trace metal contamination studies were conducted near the Buick Resource Recycling Division. This study used sequential extraction, total digestion, X-Ray Diffraction (XRD), and Scanning Electron Microscopy-Energy Dispersive Spectroscopy (SEM-EDS) to study trace metals in two soil cores. Sequential extraction analysis of the soil cores revealed that lead was associated with either iron or manganese oxides. Zinc and copper were bound to soil components, extracted mainly from organics, sulfides, and clays. Total digestion results compared favorably to the sum of the sequential extraction results for lead, thus validating the sequential extraction methodology. The highest concentration observed for lead was 4,743 parts …

Characterization Of A Plant Gene Family Expanded In Glycine Max, Lisa Snoderly-Foster

Masters Theses

"Glycine max, commonly named the cultivated soybean, is one of the oldest and most important food crops in the world. The study of the G. max genome provides valuable insight into the molecular mechanisms that govern its reproduction and environmental responsiveness, key factors in maximizing crop yield. Since the complete sequencing of the genome in 2010, the analysis has become faster and easier, especially with the development of numerous web-based, publically accessible bioinformatics tools.

This research effort utilizes these tools to characterize a small, unannotated G. max gene family. Although no definitive evidence was uncovered for the production of a …

A Receiver Function Study Of Crust Thickness And Composition Beneath The Southwestern United States, Si Wu

Masters Theses

"Over the past decades, the seismic structure of the crust and upper mantle of the southwestern United States was examined using an array of different methods. The structure and composition of crust received special attentions, most due to the hydrocarbon reserves in this area. Here new constraints on crustal evolution and structure models are provide by systematically analyzing 37,402 receiver functions recorded at 234 seismic stations on the southwestern United States. The results reveal that the Transitional Crust is characterized by a thin (29.0±1.0 km) crust, a low Vp/Vs ratio of 1.76±0.016 and a high amplitude (R) of P-to-S converted …