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2014

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Creating A Culture Of Compliance: Why Departmentalization May Not Be The Answer, Michele Destefano Jan 2014

Creating A Culture Of Compliance: Why Departmentalization May Not Be The Answer, Michele Destefano

UC Law Business Journal

Over the past few decades, as corporate criminal liability rules, sentencing guidelines, and settlement incentives have changed, there has been increased emphasis on and resources devoted to the compliance function at large publicly held companies. In this article, Professor DeStefano traces the development of the compliance function at large corporations and questions the recent mandate by certain governmental entities that malfeasant corporations designate a chief compliance officer and separate the compliance gatekeeping function from the legal department so that this chief compliance officer does not report to the general counsel. She categorizes the types of arguments made for and against …

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The Individual Mandate Tax Penalty, Jeffrey H. Kahn Jan 2014

The Individual Mandate Tax Penalty, Jeffrey H. Kahn

University of Michigan Journal of Law Reform

In 2010, President Obama signed legislation that significantly altered the healthcare and health insurance markets in the United States. An integral part of that reform is the individual mandate, a provision that requires individuals to purchase and maintain healthcare insurance. Failure to maintain such coverage subjects an individual to a tax penalty. The Supreme Court upheld the constitutionality of that provision under Congress’s taxing power. Despite the Supreme Court upholding the individual mandate, fundamental questions remain. This Article addresses the question of whether the use of a tax penalty to encourage taxpayers to do something that the government desires is …

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Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon Jan 2014

Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon

University of Michigan Journal of Law Reform

As of 2005, about 80,000 prisoners were housed in solitary confinement in jails and in state and federal prisons in the United States. Prisoners in solitary confinement are generally housed in a cell for twenty-two to twenty-four hours a day with little human contact or interaction. The number of prisoners held in solitary confinement increased 40 percent between 1995 and 2000, in comparison to the growth in the total prison population of 28 percent. Concurrently, the duration of time that prisoners spend in solitary confinement also increased: nationally, most prisoners in solitary confinement spend more than five years there. The …

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Ridding The Law Of Outdated Statutory Exemptions To Antitrust Law: A Proposal For Reform, Anne Mcginnis Jan 2014

Ridding The Law Of Outdated Statutory Exemptions To Antitrust Law: A Proposal For Reform, Anne Mcginnis

University of Michigan Journal of Law Reform

Antitrust law is designed to be an overarching check against anticompetitive conduct that harms the free market system. Almost as soon as the first antitrust laws were enacted in the United States, however, industry groups began lobbying Congress for exemptions from these laws. Most of the statutory exemptions created over the last one hundred years remain in place, despite widespread changes in economic theory, market structures, and overall antitrust law. Today, some exemptions are merely irrelevant, while others actively harm society by transferring wealth to private individuals and hampering beneficial competition. This Note proposes a fourpart legislative solution to rid …

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The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler Jan 2014

The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler

University of Michigan Journal of Law Reform

How far does Justice Kennedy’s “moral and ethical obligation” to avoid racial isolation extend? Does the obligation flow primarily from Supreme Court case law, does it derive from an evolving consensus in the social sciences, or does it also have a statutory basis in Title VI and other federal law? In addition to its value as a justification for non-individualized, race-conscious remedial efforts by state and local governments, does the compelling interest identified in Parents Involved also suggest an affirmative duty on the part of the federal government? And if so, how far does this affirmative duty extend, and how …

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Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers Jan 2014

Designing A Flexible World For The Many: "Essential Functions" And Title I Of The Americans With Disabilities Act, Michael J. Powers

University of Michigan Journal of Law Reform

This Note explores how courts interpret the meaning of “essential functions” under Title I of the Americans with Disabilities Act. To be protected under the ADA, a plaintiff must be able to perform the “essential functions” of her job with or without a reasonable accommodation. In general, courts follow one of two approaches when interpreting this phrase. The first approach narrowly focuses on the employer’s judgment regarding which functions are essential. The second approach considers the employer’s judgment, but looks beyond to consider the broader employment relationship. This Note argues that these different approaches have led to varying levels of …

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The Saints Of Western Pennsylvania, Leon Bloy Jan 2014

The Saints Of Western Pennsylvania, Leon Bloy

Gathered Fragments

No abstract provided.

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Dorothy Day And The Beginning Of St. Joseph House Of Hospitality In Pittsburgh 1936-1941, Paul Dvorchak Jan 2014

Dorothy Day And The Beginning Of St. Joseph House Of Hospitality In Pittsburgh 1936-1941, Paul Dvorchak

Gathered Fragments

No abstract provided.

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Neuronal Reorganization In Adult Rats Neonatally Exposed To (±)-3,4-Methylenedioxymethamphetamine, Michael T. Williams, Matthew R. Skelton, Ian D. Longacre, Kimberly N. Huggins, Amanda M. Maple, Charles V. Vorhees, Russell W. Brown Jan 2014

Neuronal Reorganization In Adult Rats Neonatally Exposed To (±)-3,4-Methylenedioxymethamphetamine, Michael T. Williams, Matthew R. Skelton, Ian D. Longacre, Kimberly N. Huggins, Amanda M. Maple, Charles V. Vorhees, Russell W. Brown

ETSU Faculty Works

The abuse of methylenedioxymethamphetamine (MDMA) during pregnancy is of concern. MDMA treatment of rats during a period of brain growth analogous to late human gestation leads to neurochemical and behavioral changes. MDMA from postnatal day (P)11–20 in rats produces reductions in serotonin and deficits in spatial and route-based navigation. In this experiment we examined the impact of MDMA from P11 to P20 (20 mg/kg twice daily, 8 h apart) on neuronal architecture. Golgi impregnated sections showed significant changes. In the nucleus accumbens, the dendrites were shorter with fewer spines, whereas in the dentate gyrus the dendritic length was decreased but …

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The Effects Of Strength Training On Isometric Force Production Symmetry In Recreationally Trained Males, Caleb D. Bazyler, Christopher A. Bailey, Chieh-Ying Chiang, Kimitake Sato, Michael H. Stone Jan 2014

The Effects Of Strength Training On Isometric Force Production Symmetry In Recreationally Trained Males, Caleb D. Bazyler, Christopher A. Bailey, Chieh-Ying Chiang, Kimitake Sato, Michael H. Stone

ETSU Faculty Works

Objectives: The purpose of this investigation was to determine what effect a bilateral strength training regimen has on isometric force production symmetry and if changes in force production symmetry can be accounted for by differences in pre-intervention strength levels. Design: Sixteen recreationally trained males (1-RM squat: 146.8 ± 23.0 kg.) were assigned to two groups for the 7-week training intervention: strong (S) and weak (W) based on pre-training squat isometric peak force allometrically scaled (IPFa) at 120° knee angle. Methods: Subjects completed a 7-week training intervention following a block-periodized model and were tested on measures of dynamic (1RM squat) and …

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The Relationship Of Force Production Asymmetry And Performance In Athletes Of Different Strength Levels, Christopher A. Bailey, Caleb D. Bazyler, Chieh-Ying Chiang, Kimitake Sato, Michael H. Stone Jan 2014

The Relationship Of Force Production Asymmetry And Performance In Athletes Of Different Strength Levels, Christopher A. Bailey, Caleb D. Bazyler, Chieh-Ying Chiang, Kimitake Sato, Michael H. Stone

ETSU Faculty Works

The purpose of this study was to evaluate the relationship between force production asymmetry and performance of athletes with differing strength levels in males and females. Collegiate athletes (n=129) from various sports were ranked according to isometric mid-thigh pull peak force and the top (‘strong’) and bottom (‘weak’) 25% were used for analysis. Symmetry index (SI) scores were calculated and correlated with their respective force-time characteristics using bivariate correlations. For the weaker males, several negative moderate correlations were observed; however, no statistically significant correlations were observed for the females in either group. These findings indicate that force production asymmetry is …

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The Resilient Appalachian Woman: Lessons From Life And Fiction, Jamie Branam Kridler, Linda M. Daughtery, Terry L. Holley Jan 2014

The Resilient Appalachian Woman: Lessons From Life And Fiction, Jamie Branam Kridler, Linda M. Daughtery, Terry L. Holley

ETSU Faculty Works

Introduction Excerpt:Appalachian women face barriers to self-sufficiency in many aspects of their lives. A review of the relevant literature provides evidence of both barriers to self-sufficiency and examples of personal resiliency...

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Recording Review Of Woody Guthrie, American Radical Patriot, Ted Olson Jan 2014

Recording Review Of Woody Guthrie, American Radical Patriot, Ted Olson

ETSU Faculty Works

Review of Woody Guthrie, American Radical Patriot

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A New Structural Insight Into Xpa-Dna Interactions, Benjamin Hilton, Nick Shkriabai, Phillip R. Musich, Mamuka Kvaratskhelia, Steven Shell, Yue Zou Jan 2014

A New Structural Insight Into Xpa-Dna Interactions, Benjamin Hilton, Nick Shkriabai, Phillip R. Musich, Mamuka Kvaratskhelia, Steven Shell, Yue Zou

ETSU Faculty Works

XPA (xeroderma pigmentosum group A) protein is an essential factor for NER (nucleotide excision repair) which is believed to be involved in DNA damage recognition/verification, NER factor recruiting and stabilization of repair intermediates. Past studies on the structure of XPA have focused primarily on XPA interaction with damaged DNA. However, how XPA interacts with other DNA structures remains unknown though recent evidence suggest that these structures could be important for its roles in both NER and non-NER activities. Previously, we reported that XPA recognizes undamaged DNA ds/ssDNA (double-strand/single-strandDNA) junctions with a binding affinity much higher than its ability to bind …

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Optimism And Planning For Future Care Needs Among Older Adults, Silvia Sörensen, Jameson K. Hirsch, Jeffrey M. Lyness Jan 2014

Optimism And Planning For Future Care Needs Among Older Adults, Silvia Sörensen, Jameson K. Hirsch, Jeffrey M. Lyness

ETSU Faculty Works

Aging is associated with an increase in need for assistance. Preparation for future care (PFC) is related to improved coping ability as well as better mental and physical health outcomes among older adults. We examined the association of optimism with components of PFC among older adults. We also explored race differences in the relationship between optimism and PFC. In Study 1, multiple regression showed that optimism was positively related to concrete planning. In Study 2, optimism was related to gathering information. An exploratory analysis combining the samples yielded a race interaction: For Whites higher optimism, but for Blacks lower optimism …

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The Archives Department At Mount Providence, Dennis Wodzinski Jan 2014

The Archives Department At Mount Providence, Dennis Wodzinski

Gathered Fragments

No abstract provided.

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Gathered Fragments Vol. Xxiv Jan 2014

Gathered Fragments Vol. Xxiv

Gathered Fragments

No abstract provided.

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The Synthesis Of A Bisbenzothiophene (Bbt) Based Organic Semiconductor With Increased Function And Increased Solubility, Mary England Jan 2014

The Synthesis Of A Bisbenzothiophene (Bbt) Based Organic Semiconductor With Increased Function And Increased Solubility, Mary England

Senior Honors Theses

Organic semiconductors are growing in applications for use in modern technology.1 The main interest in these molecules can be attributed to their low cost (compared to silicon) and their ability to be used on flexible substrates. There are four features that make a good organic semiconductor. First, the molecule should be conjugated, having alternating single and double bonds (lone electron pairs act similarly to double bonds). Secondly, the molecule should be planar, or flat, in shape. Thirdly, the molecule should have a narrow band gap to increase the overall conductivity. Lastly, the molecule should be soluble to ease application. …

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Common Law Decision-Making, Constitutional Shadows, And The Value Of Consistency: The Jurisprudence Of William F. Batchelder, Lawrence Friedman Jan 2014

Common Law Decision-Making, Constitutional Shadows, And The Value Of Consistency: The Jurisprudence Of William F. Batchelder, Lawrence Friedman

The University of New Hampshire Law Review

[Excerpt] “This is an essay about common law decision-making, with an emphasis on the value of consistency as it relates to claims about the legitimacy of judicial lawmaking. The legitimacy of judicial lawmaking is ever an issue, particularly, of course, in the cases at the margins—those instances in which precedent points the court in no obviously correct direction, a choice must be made between plausible alternative paths, and “a decision one way or the other,” as Benjamin Cardozo observed, “will count for the future, will advance or retard, sometimes much, sometimes little, the development of the law.””

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Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz Jan 2014

Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz

Richmond Journal of Law and the Public Interest

There has been a gradual national shift toward rehabilitation within the justice system. This has been especially important for veterans who make up only 8% of the total population, but account for 10% of those with criminal records. Recognizing that the traditional justice system is not equipped to handle cases of individuals whose underlying cause of offense is combat trauma, there has been a call to expand the Veterans Treatment Court ("VTC") program as an alternative for offenders who are veterans of the armed forces. This issue has been compounded by over a decade of war in Iraq and Afghanistan, …

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The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge Jan 2014

The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge

Richmond Journal of Law and the Public Interest

With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …

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Letter From The Editor, Katherine Lent Jan 2014

Letter From The Editor, Katherine Lent

Richmond Journal of Law and the Public Interest

The articles in this year's edition of the General Assembly in Review focus on topics of legislative debate during the 2014 Spring Session of the Virginia General Assembly. We hope that this edition will give you, our readers, insight into some of the salient topics of the 2014 General Assembly, and that you might find this issue to be a valuable rouse in running a legal practice, evaluating Virginia's political system, and helping to foster a healthy dialogue in the Commonwealth.

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An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul Jan 2014

An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul

Richmond Journal of Law and the Public Interest

The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …

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Local Critiques Of Global Development: Patriotism In Late Colonial Buganda, Carol Summers Jan 2014

Local Critiques Of Global Development: Patriotism In Late Colonial Buganda, Carol Summers

History Faculty Publications

Interviewed by an incredulous anthropologist in 1955, an elderly Paulo Lukongwa insisted that more than half a century of colonial development policies had brought almost nothing to his country. Writing was new and wonderful, he admitted, and he gave European colonizers credit for cars and bicycles that made travel faster. But otherwise, nothing was new. Martin Southwold, the young anthropologist, suggested that clocks were new, and Lukongwa pointed out that they’d had roosters to wake them up. Surely the gramophone was progress, Southwold asserted, and Lukongwa responded that when they had wanted music, they called people to play—and what was …

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The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr. Jan 2014

The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.

Richmond Journal of Law and the Public Interest

The Supreme Court's school desegregation case law has been a confusing maze of fits and starts. In 1954, a unanimous Court declared in Brown v. Board of Education that education "must be made available to all on equal terms." Yet, less than 20 years later, the Court found a Texas education financing plan that allowed for significant differences in funding between school districts to be constitutional. This Article examines that decision, San Antonio Independent School District v. Rodriguez, in more detail. It also discusses the case's legacy and numerous unresolved issues that still impact the Latino community today. Part II …

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It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson Jan 2014

It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson

Richmond Journal of Law and the Public Interest

Public education in the United States is a big business. In the fall of 2011, more than 55.5 million students from kindergarten through 12th grade were expected to enroll in the nation's public schools at a total cost of $599,145,678,000. Though it is a service provided by local governments, its cost is borne by local, state, and, to a more limited extent, federal taxpayers. Providing public education is a massive undertaking and no one level of government can solely bear its cost. Governmental revenue sources, from which allocated shares of expense are presently borne, differ. Local funding is provided predominately …

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Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton Jan 2014

Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton

Richmond Journal of Law and the Public Interest

This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …

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Forward "Serving Those Who Have Served", Edward G. Simpson Iii, Gregory L. Collins Jan 2014

Forward "Serving Those Who Have Served", Edward G. Simpson Iii, Gregory L. Collins

Richmond Journal of Law and the Public Interest

The Department of Veterans Affairs (VA) is second only to the Department of Defense in the size of its budget and bureaucracy, and the current administration's budget request for the 2015 fiscal year is almost 164 billion dollars.' The VA's annual budget will continue to increase in the coming years as Vietnam War veterans grow older and those who have served in Iraq and Afghanistan return to the civilian population. Virginia alone is home to over 840,000 veterans. Despite the VA's massive budget and our country's growing veteran population, many veterans' issues are not being adequately addressed, and the legal …

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Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine Jan 2014

Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine

Richmond Journal of Law and the Public Interest

d it is good to be back here Friday to talk to this Veterans Law Symposium. The initial symposium on veterans law here at the law school and what an appropriate thing to do on an appropriate weekend as we get ready to celebrate Veteran's Day and I was honored to be asked to come and offer some thoughts. I want to talk about, just sort of current issues we are really grappling with, that are legal issues, in Congress, that might affect the practice that you would hope to do, that certainly affect the lives of our veterans and …

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Recommended Budget, Expenditures By Object And Funding By Source, Fiscal Year 2014-2015, Tennessee. Department Of Finance & Administration. Jan 2014

Recommended Budget, Expenditures By Object And Funding By Source, Fiscal Year 2014-2015, Tennessee. Department Of Finance & Administration.

Budget Publications

No abstract provided.

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