Digital Commons Network^™

On Empirical Validation Of Compactness Measures For Electoral Redistricting And Its Significance For Application Of Models In The Social Sciences, Christine Chou, Steven O. Kimbrough, Frederic H. Murphy, John Sullivan-Fedock, C. Jason Woodard

Research Collection School Of Computing and Information Systems

Use of optimization models in science and policy applications is often problematic because the best available models are very inaccurate representations of the originating problems. Such is the case with electoral districting models, for which there exist no generally accepted measures of compactness, in spite of many proposals and much analytical study. This article reports on an experimental investigation of subjective judgments of compactness for electoral districts. The experiment draws on a unique database of 116 distinct, legally valid districting plans for the Philadelphia City Council, discovered with evolutionary computation. Subjects in the experiment displayed, in the aggregate, remarkable agreement …

Does Tort Law Empower?, Anthony J. Sebok

Articles

No abstract provided.

Why Answer?, Anthony J. Sebok

Articles

No abstract provided.

Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck

Articles

This is a short review of Deborah Tuerkheimer's book, "Flawed Convictions: 'Shaken Baby Syndrome' and the Inertia of Injustice" (Oxford University Press 2014).

Why Wynne Worries Me, Edward A. Zelinsky

Articles

No abstract provided.

Affirmative Action Plan 2014, Office Of Equal Opportunity, Ethics, & Access

Affirmative Action Plans

Illinois State University Affirmative Action Plan

She’S A Femme Fatale: Low-Density Larval Development Produces Good Disease Vectors, Steven A. Juliano, Gabriel Sylvestre Ribeiro, Rafael Maciel-De-Freitas, Márcia G. Castro, Claudia Codeço, Ricardo Lourenço-De-Oliveira, L Philip Lounibos

Faculty Publications – Biological Sciences

Two hypotheses for how conditions for larval mosquitoes affect vectorial capacity make opposite predictions about the relationship of adult size and frequency of infection with vector-borne pathogens. Competition among larvae produces small adult females. The competition-susceptibility hypothesis postulates that small females are more susceptible to infection and predicts frequency of infection should decrease with size. The competition-longevity hypothesis postulates that small females have lower longevity and lower probability of becoming competent to transmit the pathogen and thus predicts frequency of infection should increase with size. We tested these hypotheses for Aedes aegypti in Rio de Janeiro, Brazil, during a dengue …

An In Vivo Assay For Simultaneous Monitoring Of Neuronal Activity And Behavioral Output In The Stomatogastric Nervous System Of Decapod Crustaceans, Wolfgang Stein, Florian Diehl

Faculty Publications – Biological Sciences

Central pattern generators (CPGs) generate rhythmic output patterns and drive vital behaviors such as breathing, swallowing, locomotion and chewing ^1-10. While most insights into the rhythm generating mechanisms of CPGs have been derived from isolated nervous system preparations, the relationship between neural activity and corresponding behavioral expression is often unclear. The stomatogastric system of decapod crustaceans is one of the best characterized neural system for motor pattern generation ^9-12 and many mechanisms of motor pattern generation and selection have been discovered in this system. Since most studies are limited to the isolated nervous system, little is known about the …

[Introduction To] The Columbia Sourcebook Of Mormons In The United States, Terryl Givens, Reid L. Nielson

Bookshelf

This anthology offers rare access to key original documents illuminating Mormon history, theology, and culture in the United States from the nineteenth century to today. Brief introductions describe the theological significance of each text and its reflection of the practices, issues, and challenges that have defined and continue to define the Mormon community. These documents balance mainstream and peripheral thought and religious experience, institutional and personal perspective, and theoretical and practical interpretation, representing pivotal moments in LDS history and correcting decades of misinformation and stereotype.

The authors of these documents, male and female, not only celebrate but speak critically and …

[Introduction To] Believing Against The Evidence: Agency And The Ethics Of Belief, Miriam S. Mccormick

Bookshelf

The question of whether it is ever permissible to believe on insufficient evidence has once again become a live question. Greater attention is now being paid to practical dimensions of belief, namely issues related to epistemic virtue, doxastic responsibility, and voluntarism.

In this book, McCormick argues that the standards used to evaluate beliefs are not isolated from other evaluative domains. The ultimate criteria for assessing beliefs are the same as those for assessing action because beliefs and actions are both products of agency. Two important implications of this thesis, both of which deviate from the dominant view in contemporary philosophy, …

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Articles

This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

Presidential Rhetoric And The Federal Reserve, C. Damien Arthur

Political Science Faculty Research

Presidents persistently use their rhetoric as a mechanism of influence over salient policies. As the economy has become more salient, presidents have tried to gain a semblance of control over its direction and robustness. Yet, there exists no substantial research regarding whether the rhetoric is influential with the most important economic actors such as the Federal Reserve. Assessing whether presidential cues and signals shape the Fed’s economic behavior provides an assessment of rhetoric’s effect. Utilizing the economic speeches from D.D. Eisenhower through B.H. Obama this paper questions whether the Fed’s behavior modeled what the presidents wanted. Presidents have increased their …

The Supreme Court And The Rehabilitative Ideal, Chad W. Flanders

All Faculty Scholarship

Graham v. Florida was a watershed decision, not least because of the centrality of the so-called “rehabilitativeideal” to its holding that life in prison for juveniles convicted of nonhomicide crimes was cruel and unusual. The Court’s emphasis on rehabilitation was surprising both in terms of the Court’s previous decisions on punishment, in which rehabilitation was barely included as a “purpose of punishment,” but also in terms of the history of academic and legislative skepticism if not hostility toward the idea of rehabilitation (which includes two recently decided sentencing cases, Tapia and Pepper). Courts and commentators have struggled to make sense …

Beyond Instructions To Disregard: When Objections Backfire And Interruptions Distract, Molly J. Walker Wilson, Barbara A. Spellman, Rachel York

All Faculty Scholarship

Researchers have proposed many explanations for the replicated finding that jurors often fail to disregard evidence when instructed by a judge to do so. We propose a novel explanation: that the act of objecting may cause the effect because an objection (a) draws attention to the testimony and (b) heightens the perceived importance of the testimony (because of the implication that the objecting party wants to prevent jurors from using it). In previous studies, the act of objecting has always been confounded with the presence of the critical (objected-to) testimony. We devised two new experimental conditions that unconfound these factors. …

When Is A Change Going To Come?: Separate And Unequal Treatment In Health Care Fifty Years After Title Vi Of The Civil Rights Act Of 1964, Ruqaiijah A. Yearby

All Faculty Scholarship

ON June 19, 1963, when the Civil Rights Act was first introduced, President John F. Kennedy said in a message to Congress:

Events of recent weeks have again underlined how deeply our Negro citizens resent the injustice of being arbitrarily denied equal access to those facilities and accommodations, which are otherwise open to the general public. That is a daily insult, which has no place in a country proud of its heritage-- the heritage of the melting pot, of equal rights, of one nation and one people. No one has been barred on account of his race from fighting or …

The New Jim Crow? Recovering The Progressive Origins Of Mass Incarceration, Anders Walker

All Faculty Scholarship

This article revisits the claim that mass incarceration constitutes a new form of racial segregation, or JimCrow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the two phenomena, namely the debt that each owe to progressive and/or liberal politics. Though generally associated with repression and discrimination, both Jim Crow and massincarceration owe their existence in part to enlightened reforms aimed at promoting black interests; albeit with perverse results. Recognizing the aspirational origins of systematic discrimination marks an important facet of comprehending the persistence of racial inequality in the United States.

Immaculate Defamation: The Case Of The Alton Telegraph, Alan M. Weinberger

All Faculty Scholarship

At the confluence of three major rivers, Madison County, Illinois, was also the intersection of the nation’s struggle for a free press and the right of access to appellate review in the historic case of the Alton Telegraph. The newspaper, which helps perpetuate the memory of Elijah Lovejoy, the first martyr to the cause of a free press, found itself on the losing side of the largest judgment for defamation in U.S. history as a result of a story that was never published in the paper—a case of immaculate defamation. Because it could not afford to post an appeal bond …

Marxist And Soviet Law, Stephen C. Thaman

All Faculty Scholarship

This chapter addresses both the Marxist critique of law before the Russian Revolution and the development of the Soviet Law Structure. It discusses the three main trends in Soviet Criminal Law before elucidating how these trends affected the General Part and the Special Part of Soviet Criminal Codes and overall Soviet criminal policy.

Rethinking Trademark Functionality As A Question Of Fact, Yvette Joy Liebesman

All Faculty Scholarship

Trade dress functionality stands for a reasonable premise: features which are essential to the use or purpose of an article, which affect the cost or quality of the article, or whose exclusive use would put competitors at a significant non-reputation-related disadvantage, are not protectable as signifiers of source or sponsorship. Functionality has broad implications, as a product’s shape can be its most identifiable feature.

The problems plaguing the functionality doctrine have been examined from a substantive point of view; however until the standard by which functionality is determined is changed, these problems are likely to continue to persist. When adjudicating …

Further Reflections On The Pardoning Power: Reply To Hoskins And Drinan, Chad Flanders

All Faculty Scholarship

Galifianakis: "First question. In 2013, you pardoned a turkey. What do you have planned for 2014?"

Obama: "We'll probably pardon another turkey". ¹

First, let me express my gratitude to the incisive comments of Zach Hoskins and Cara Drinan. I have long been a fan of Hoskins' s work, and his forthcoming book on the collateral consequences of punishment promises to be pathbreaking.² The influence of Drinan's scholarship on the pardoning power³ is evident in my original essay⁴ and her newer work on the Graham case has again inspired me in new directions in my research.^{5 …}

Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff

All Faculty Scholarship

This article was prepared as a lecture for the Missouri Law Review 2014 Symposium entitled "The Art, Craft, and Future of Legal Journalism: A Tribute to Anthony Lewis."

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine

Articles

The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.

2013-14 Annual Report To The Board Of Regents: Course-Level Continuous Improvement Plans, University Of Northern Iowa

Institutional Effectiveness & Planning Documents

A report provided to the Iowa Board of Regents regarding continuous improvement processes in courses at the University of Northern Iowa.

Managing The "Republic Of Ngos": Accountability And Legitimation Problems Facing The Un Cluster System, J. Benton Heath

Vanderbilt Journal of Transnational Law

This Article critically assesses the crucial but troubled system for the coordination of international humanitarian assistance--the UN "cluster approach." Regardless of whether the cluster approach actually helps in disaster response, it exercises substantial power over affected populations by assigning competences and leadership roles. The built-in mechanisms for controlling this power are unworkable because they ultimately fail to resolve the tension between humanitarian organizations' autonomy and the need for coordination. This Article identifies the emergence of an alternative model of accountability, based on mutual monitoring and peer review. Drawing on theories of network governance and experimentalism, this Article teases out the …

Criminal Law Pays: Penal Law's Contribution To China's Economic Development, Margaret K. Lewis

Vanderbilt Journal of Transnational Law

China's rapid rise to become the second largest economy in the world is nothing short of extraordinary. When economic reforms took off in the late 1970s, China had been without formal criminal law for three decades. China's economic development since the launch of the reform period has occurred directly alongside the development of its criminal law, but the academic literature has failed to ask what role criminal law plays in China's impressive growth. This Article argues that not only has the People's Republic of China leadership historically used criminal law in service of economic ends but also, going forward, criminal …

The Special Tribunal For Lebanon: A Defense Perspective, Charles C. Jalloh

Vanderbilt Journal of Transnational Law

This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …

The Epic Struggle For Dolphin-Safe Tuna, Lauren Sullivan

Vanderbilt Journal of Transnational Law

In May 2012, the World Trade Organization (WTO) struck down the United States' dolphin-safe tuna labeling standard as a barrier to trade that is prohibited by the Technical Barriers to Trade Agreement (TBT). The analysis in the US-Tuna II report questions the validity of standardized eco-labels enforced by WTO Member States, which are an increasingly popular means to achieve environmental and consumer protection. This Note considers the merits of state-backed eco-labeling schemes, the implications of the US-Tuna II report for the WTO's approach to nontrade interests, and potential accommodations within the current WTO framework for eco-labels. It ultimately suggests that …

The United Nations Water Courses Convention On The Dawn Of Entry Into Force, Ryan B. Stoa

Vanderbilt Journal of Transnational Law

The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles …

Insights From Canada For American Constitutional Federalism, Stephen F. Ross

Faculty Scholarship

The U.S. Supreme Court's decision in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012), has again focused widespread public attention on the Court as an arbiter of the balance of power between the federal government and the states. The topic of the proper role a nation's highest court in this respect has been important and controversial throughout not only American, but also Canadian history, raising questions of constitutional theory for a federalist republic: What justifies unelected judges interfering with the ordinary political process with regard to federalism questions? Can courts create judicially manageable doctrines to police …

Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye

Faculty Scholarship

In Maryland v. King, 133 S. Ct. 1958 (2013), the Supreme Court narrowly upheld the constitutionality of routine collection and storage of DNA samples and profiles from arrestees. In doing so, it stepped outside the usual framework that treats warrantless searches as per se unconstitutional unless they fall within specified exceptions to the warrant and probable cause requirements. Instead, the Court balanced various individual and state interests. Yet, as regards the state interests, the Court confined this direct balancing analysis to the perceived value of using DNA to inform certain pretrial decisions. Oddly, it avoided relying directly on DNA’s …