Digital Commons Network^™

Private Policing Of Mergers & Acquisitions: An Empirical Assessment Of Institutional Lead Plaintiffs In Transactional Class And Derivative Actions, David H. Webber

Faculty Scholarship

Transactional class and derivative actions have long been controversial in both the popular and the academic literatures. Yet, the debate over such litigation has thus far neglected to consider a change in legal technology, adopted in Delaware a dozen years ago, favoring selection of institutional investors as lead plaintiffs in these cases. This Article fills that gap, offering new insights into the utility of mergers and acquisitions litigation. Based on a hand-collected dataset of all Delaware class and derivative actions filed from November 1, 2003 to December 31, 2009, I find that institutional investors play as large of a role …

The Language Of Mens Rea, Kenneth Simons, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie

Faculty Scholarship

This article answers two key questions. First: Do jurors understand and apply the criminal mental state categories the way that the widely influential Model Penal Code (MPC) assumes? Second: If not, what can be done about it?

The Economics Of The Restatement And Of The Common Law, Keith N. Hylton

Faculty Scholarship

Perhaps the most optimistic view of the American Law Institute's Restatement project was provided at its inception by Benjamin Cardozo:

When, finally, it goes out under the name and with the sanction of the Institute, after all this testing and retesting, it will be something less than a code and something more than a treatise. It will be invested with unique authority, not to command, but to persuade. It will embody a composite thought and speak a composite voice. Universities and bench and bar will have had a part in its creation. I have great faith in the power of …

Principled Standards Vs. Boundless Discretion: A Tale Of Two Approaches To Intermediary Trademark Liability Online, Stacey Dogan

Faculty Scholarship

Over the past decade, courts have developed two distinct approaches in evaluating trademark claims against online intermediaries. In one – contributory infringement – courts struggle with the tension between preserving legitimate, non-infringing uses of technologies, on the one hand, and minimizing infringement, on the other. In the other – direct infringement – liability turns on perceived wrongdoing by intermediaries whose own behavior increases the risk of consumer confusion. This second type of liability boasts neither a clear doctrinal framework nor a coherent normative vision. Most troublingly, the scant case law has paid little attention to issues at the core of …

Classical Liberal Constitution Or Classical Liberal Construction?, Gary S. Lawson

Faculty Scholarship

In The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2013), Richard Epstein says that he "incorporates but goes beyond" originalist theory by calling for adjudication "in sync with" classical liberal theory political theory, which Professor Epstein claims underlies the Constitution. Without in any way detracting from the numerous virtues of this book, I argue that this is primarily a work of constitutional construction rather than constitutional interpretation. From the standpoint of interpretation, the background rules that best supplement the constitutional text are found in eighteenth-century fiduciary law rather than in classical liberal political theory, though the latter is …

Toward A Regulatory Framework For Third-Party Funding Of Litigation, Keith N. Hylton

Faculty Scholarship

Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today; those arrangements include waiver, subrogation, and settlement agreements. These existing arrangements provide valuable lessons for the appropriate regulatory approach to third-party financing of litigation.

Saving The Federal Circuit, Paul Gugliuzza

Faculty Scholarship

In a recent, attention-grabbing speech, the Chief Judge of the Seventh Circuit, Diane Wood, argued that Congress should abolish the Federal Circuit’s exclusive jurisdiction over patent cases. Exclusive jurisdiction, she said, provides too much legal uniformity, which harms the patent system. In this response to Judge Wood’s thoughtful speech, I seek to highlight two important premises underlying her argument, neither of which is indisputably true.

The first premise is that the Federal Circuit actually provides legal uniformity. Judge Wood suggests that, due to the Federal Circuit’s exclusive jurisdiction, patent doctrine is insufficiently “percolated,” meaning that it lacks mechanisms through which …

A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine, Cody Jacobs

Faculty Scholarship

A foreign manufacturer sells a product to an American distributor in State A, who then resells the product to an American consumer in State B. The consumer is injured by the product and attempts to sue the foreign manufacturer in State B. Can State B exercise personal jurisdiction over the manufacturer? This deceptively simple and seemingly common question, and related questions involving the socalled "stream of commerce," has fractured the United States Supreme Court for over twenty years, leaving consumers, manufacturers, and distributors unsure of their rights and potential liabilities. This Article focuses on a recent missed opportunity the Court …

The Rule Of Law As A Law Of Law, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

Justice Scalia is famous for his strong rule orientation, best articulated in his 1989 article, “The Rule of Law as a Law of Rules.” In this Essay, we explore the extent to which that rule orientation is consistent with the Constitution’s original meaning. We conclude that it is far less consistent with the Constitution than is generally recognized. The use of standards rather than rules is prescribed not only by a few provisions in the Bill of Rights and the Fourteenth Amendment but also by key aspects of the 1788 constitutional text. The executive power, the Necessary and Proper power, …

Perceptions Of Efficacy, Morality, And Politics Of Potential Cadaveric Organ-Transplantation Reforms, Christopher Robertson, David V. Yokum, Megan S. Wright

Faculty Scholarship

We sought to explore the political feasibility of potential policy reforms to address the shortage of cadaveric organs for transplantation in America. We recruited 730 human subjects from an online population and assigned them to writing tasks that experimentally manipulated the salience of moral and posthumous risks. Subjects read 95-word descriptions of six proposed policy reforms, rating efficacy, morality, and overall support for each. We created weighted estimates of the overall potential support for each reform (WEOS), correcting for the skew in our study population to very roughly approximate the political affiliations of the American public.

The data suggest that …

Information And Causation In Tort Law: Generalizing The Learned Hand Test For Causation Cases, Keith N. Hylton

Faculty Scholarship

This paper discusses the economics of causation in tort law, describing precise implications for precautionary incentives when courts are and are not perfectly informed. With precautionary incentives identified, we can ask whether the causation inquiry enhances welfare, and if so under what conditions. Perhaps the most important innovation applies to the Hand Formula. When causation is an issue, the probability of causal intervention should be part of the Hand test, and the generalized Hand test offers a method of distinguishing significant classes of causation cases. I close with implications for the moral significance of causation and for economic analysis of …

Patent Law Federalism, Paul Gugliuzza

Faculty Scholarship

Most lawsuits arising under federal law can be filed in either state or federal court. Patent suits, however, may be filed only in federal court. Why do patent cases receive exceptional treatment? The usual answer is that federal courts, unlike state courts, provide uniformity and expertise in patent matters. This Article analyzes whether exclusive jurisdiction actually serves those policy aims and concludes that the uniformity-expertise rationale is overstated. If exclusive federal patent jurisdiction is to be justified, attention must also be given to pragmatic considerations, such as the respective quality of state and federal trial courts, the courts’ ability to …

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 …

Veteran Literacy: A Case For Veteran Identity Theory In Composition And Literature, Devin Whitaker

Anthós

In this paper I will outline a selection of texts to demonstrate the diverse literacies brought to higher learning institutions by veterans and discuss many of the challenges veterans face when translating these literacies to an in-class instructional setting. I will also identify social disconnections when interpreting the veteran experience through a deficit-based model and offer a preliminary, veteran-centric mode of re-interpretation. By drawing on some key experiences as a Hospital Corpsman having served with the Marine Corps Infantry, I will also attempt to construct a preliminary model for studying the experience of Post 9/11 veterans from an experienced, asset-based …

Girl Power: The Episcopate And Female Agency In The Central Middle Ages, Jackie Brooks

Anthós

In 1076, Henry IV, King of Germany (1056-1106), convened a synod of bishops with the intention of denouncing and deposing Pope Gregory VII (1073-85) in response to the latter’s actions after the Lenten Synod of 1075. A majority of the German bishops present, allied with Henry, produced a letter to Gregory in which they renounced the method of his ascension to the papacy, as well as the methods he employed to achieve the reform he sought. In one passage, they particularly renounced Gregory’s well-known close relationships with several powerful women. The complaints of the bishops revolve around the belief that …

Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

What's Money Got To Do With It?: Public Interest Lawyering And Profit, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.

High Latitude Coastal Settlement Patterns: Cape Krusenstern, Alaska, Shelby L. Anderson, Adam Freeburg

Anthropology Faculty Publications and Presentations

Why, when, and how people developed highly specialized marine economies remains the focus of considerable anthropological research. Study of maritime adaptations at high latitudes has potential to contribute to this debate because low biodiversity and increased resource seasonality at high latitudes made reliance on marine resources particularly risky. New research at the Cape Krusenstern site complex, located in northwest Alaska, offers a rare opportunity to study the evolution of maritime adaptations across the environmentally dynamic mid-to-late Holocene Arctic. Large-scale and systematic survey of this important site complex was undertaken to address questions about the timing and character of early Arctic …

High School 4th Mathematics: Precalculus For Ap Calculus, Yong Suk Lowery

LSU Master's Theses

ABSTRACT The purpose of this thesis is to provide the needed instructional materials to those who are teaching a Precalculus course following Algebra I, Geometry, and Algebra II. The recent adoption of the Common Core State Standards in Mathematics (CCSSM) has left many teachers scrambling to find instructional materials that meet the graduation requirement as well as insuring that our students are college and career ready when they leave high school. Furthermore, the College Board’s Advanced Placement (AP) Calculus curriculum is generally accepted as the model for a twenty-first century calculus course serving as prerequisite for STEM related fields of …

Disruptive Innovation And The Global Emergence Of Hybrid Corporate Legal Structures, Carol Liao

All Faculty Publications

There is considerable legal scholarship focused on reforming the shareholder primacy model of governance embodied within the modern day corporation. While these efforts are worthwhile and must continue, there are certain ideological and practical limitations that make true reformation of this model difficult. It is important, therefore, that in the midst of ongoing efforts, one does not lose sight of available alternatives.

This article promotes a novel perspective that does not spring from traditional-style efforts of corporate reform, but rather, on how a growing trend in corporate law may create 'disruptive innovations' in the marketplace and foster an environment where …

Fourth And Eighth Grade Students' Conceptions Of Energy Flow Through Ecosystems, Ashlie Beals Arkwright

Theses and Dissertations--Education Sciences

This mixed methods status study examined 32 fourth grade students’ conceptual understandings of energy flow through ecosystems prior to instruction and 40 eighth grade students’ conceptual understandings of the same topic after five years of daily standards-based instruction in science. Specific ecological concepts assessed related to: 1) roles of organisms; 2) the sun as the original energy source for most ecosystems; and 3) interdependency of organisms.

Fourth and eighth grade students were assessed using the same three-tiered forced-choice instrument, with accompanying tasks for students to defend their forced-choice selections and rate their level of confidence in making the selections. The …

Sex And Gender Identity: A New Perspective For College Student Development, Steven Ray Wise

Theses and Dissertations--Educational Policy Studies and Evaluation

One of the goals of college student development professionals is to help undergraduate students develop a meaningful sense of personal identity. Early in the history of the profession, practitioners borrowed freely from related fields such as sociology and psychology to guide their practice, but beginning around the 1960s, scholars began in earnest to develop their own unique body of literature. In this work I examine the development of that scholarly work as it relates to identity development—specifically the evolution of understanding around the issues of sex and gender identity development.

Beginning with William Perry, whose work has impacted so many …

Exploring Faculty Adoption And Utilization Of Blackboard At A Community College In The Kentucky Community And Technical College System, Brent A. Eldridge

Theses and Dissertations--Educational Policy Studies and Evaluation

The study explored the faculty adoption and use of a Blackboard at a community college in the Kentucky Community and Technical College System. A cross-sectional survey design was constructed through the lens of Rogers’s Perceived Attributes of Innovations and Chickering and Ehrman’s Implementing Seven Principles: Technology as a Lever to investigate perceptions and opinions on faculty members’ use of Blackboard in their courses. The survey was piloted, modified and deployed to a population of 932 central Kentucky community college faculty who were recruited to participate in the online survey. Descriptive demographic items (gender, age, highest degree attained, years of teaching …

Language Proficiency: Perceptions And Mediated Actions Of A Kentucky World Language Educator, Laura Roché Youngworth

Theses and Dissertations--Curriculum and Instruction

Since the inception of the Kentucky Educational Reform Act in 1990, Kentucky has undergone numerous educational changes. Regarding world languages, recent changes include a new state World Language Standard, a K-12 world language program review, and university language proficiency entrance requirements. These changes create an interesting context in which world language educators negotiate their perceptions and pedagogical choices. This study explored the perceptions, influences, and pedagogical choices of one Kentucky world language educator regarding language proficiency and cultural tools of context, standards and assessments. A constructivist framework guided the case study design. Data collection included interviews, observations, and artifact collection …

Measuring Post-Secondary Stem Majors' Engagement In Sustainability: The Creation, Assessment, And Validation Of An Instrument For Sustainability Curricula Evaluation, David L. Little Ii

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

Ongoing changes in values, pedagogy, and curriculum concerning sustainability education necessitate that strong curricular elements are identified in sustainability education. However, quantitative research in sustainability education is largely undeveloped or relies on outdated instruments. In part, this is because no widespread quantitative instrument for measuring related educational outcomes has been developed for the field, though their development is pivotal for future efforts in sustainability education related to STEM majors.

This research study details the creation, evaluation, and validation of an instrument – the STEM Sustainability Engagement Instrument (STEMSEI) – designed to measure sustainability engagement in post-secondary STEM majors. The study …

Undergraduate Student Satisfaction: Investigating The Measurement, Dimensionality, And Nature Of The Construct Using The Rasch Model, Paul Stephens

Theses and Dissertations--Educational Policy Studies and Evaluation

Of the many potential and espoused outcomes of higher education, it was satisfaction that rose to prominence for Alexander Astin, stating, “it is difficult to argue that student satisfaction can be legitimately subordinated to any other education outcome” (1993, p. 273). This high endorsement of the construct of satisfaction is backed by a plethora of arguments of its importance for college and university decision makers. A thorough and accurate rendering of student satisfaction measurement is requisite.

To calculate student satisfaction as the magnitude of item endorsement leaves a measure that is sample specific. The goal of a universal and unidimensional …

The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King

Faculty Articles, Papers, and Other Scholarship

Who owns the copyright in a tattoo? Can the owner enforce a tattoo copyright, and if so, what is the scope of enforcement of a tattoo copyright? These are questions I left unresolved in The Challenges “Facing” Copyright Protection for Tattoos. In that Article, I asserted that, despite a lack of any reported decisions, tattoos are copyrightable works. However, I noted that the related issues of ownership and enforcement are appropriate subject matter for a separate article. This Article is the follow-up to the first Article, a natural progression in the analysis of the application of copyright law to tattoos.

The Supreme Court And Recusals: A Response To Professor Lubet, Laurel A. Rigertas

Faculty Articles, Papers, and Other Scholarship

This essay is a response to Professor Steven Lubet's 2012 lecture at the annual Tabor Institute on Legal Ethics lecture series at Valparaiso University Law School and his corresponding article entitled “Stonewalling, Leaks and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius.” In his article, Professor Lubet discusses the U.S. Supreme Court's failure to adopt a comprehensive code of conduct that would, among other areas, address recusals. Lubet’s article proposes that the full Supreme Court review recusal decisions. This essay briefly explores some of the concerns about the public's perception of the Supreme Court that Lubet’s proposal on …

Evaluation Of Truck Signal Priority At N Columbia Blvd And Martin Luther King Jr. Blvd Intersection: Vissim Micro Simulation Analysis Of Truck Signal Priority, Maisha Mahmud

Civil and Environmental Engineering Master's Project Reports

Given the importance of over growing freight transportation system worldwide, engineers and planners are faced with the challenge of improving freight service in urban area using low cost measure. Truck Signal Priority is one of the strategy that can be used to improve operational efficiency with enhance safety benefits (red light running) of freight service, without major capital investment. In light to this interest this study focus on evaluating the impacts of freight signal priority on a high truck density intersection like N Columbia Blvd and NE Martin Luther King Jr. Blvd. Using a simulation tool, VISSIM, these impacts were …

Modeling The Effect Of Gusty Hurricane Wind Force On Vehicles Using The Lsu Driving Simulator, Jose Manuel Rodriguez

LSU Master's Theses

While traffic planning is important for developing a hurricane evacuation plan, vehicle performance on the roads during extreme weather conditions is critical to the success of the planning process. This study was designed to lay a foundation for modeling driving behavior and vehicle performance as an assessment tool in the decision making process for planning evacuation routes during hurricane and tropical storms. The study explores how the parameters of a driving simulator could be modified to reproduce wind loadings experienced by three vehicle types (a passenger car, an ambulance, and a bus) during gusty hurricane winds, through manipulation of appropriate …