Digital Commons Network^™

“White Collar” Crimes, Samuel W. Buell

Faculty Scholarship

In addition to serving as a précis of the subject of ‘white collar’ crime, this chapter does three things. First, it deals with white collar crime’s longstanding definitional problem, rejecting several standard approaches and arguing that the category is most usefully understood according to the conceptual legal problem these offenses generate. White collar crimes, much more than other offenses, are committed in social settings in which undesirable behaviors are embedded within socially welcome conduct. Thus they are difficult to set apart and extract through clearly specified ex ante rules of law. Second, the chapter illustrates this definitional claim, and discusses …

Afraid To Be A Nerd: Effects Of Nerd Stereotypes On Women’S Math Performance, Jennifer Chau

College of Graduate Studies: Theses & Dissertations

The purpose of this research was to examine whether nerd stigma affects math performance. Specifically, it was hypothesized that women exposed to the nerd stigma would perform worse on a mathematics test than women not exposed to the nerd stigma. The current study also aimed to compare the effects of the nerd stigma on women’s math performance with the effects of gender stereotype threat. Gender identity, nerd identity, and fear of social exclusion were examined as possible mediating and moderating variables. Results did not support that nerd stigma affected math performance in either men or women, thus mediational analyses were …

The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster

Faculty Scholarship

International corruption law is a growing, if understudied, area of international economic law. This Article examines two aspects of governments' enforcement of the OECD's Anti-Bribery Convention. The first aspect is the member state's efforts to enforce its own national legislation prohibiting foreign corruption within its territory and with regards to its nationals doing business abroad. The OECD Treaty's obligation concerning member states' enforcement of their own national legislation is somewhat ambiguous. While the obligation to pass particular national legislation is quite clear and specific, the treaty does not specify what resources that a state must dedicate to internally enforcing these …

Compliance Of Canada’S Utility Doctrine With International Minimum Standards Of Patent Protection, Jerome H. Reichman

Faculty Scholarship

This article analyzes the Canadian court case of Eli Lilly v. Novopharm and the "utility" doctrine in Canada, and international standards of patent protection including TRIPS and NAFTA. The ‘‘promise of the patent’’ doctrine in Canada seeks to ensure that firms do not obtain a legal monopoly on the basis of speculative claims about increased utility — especially claims about therapeutic efficacy — that were unsubstantiated at the time of filing. Under this test, some of Eli Lilly’s patented pharmaceutical products have been invalidated retroactively.

Kids Playing For Keeps: A Feasibility Study Of Coronary Heart Disease Intervention In A Rural African American Community, Carla Allen Noah

College of Graduate Studies: Theses & Dissertations

The prevalence of Coronary heart disease (CHD) and the associated modifiable risk factors, combined with the known health disparities that exist in the African American (AA) community, increases the significance of prevention exponentially. Theories involving genetic and environmental factors and their interaction are gaining popularity as relevant influences on both modifiable and fixed risk factors for CHD. Innovative and targeted strategies of health promotion and preventative measures are needed to combat the growing trend of modifiable risk factors for heart disease within the southern rural AA population. The aim of this pilot study was to evaluate the feasibility and effectiveness …

Curiosity Killed The Cat: Investigating A Link Between Curiosity And Risk-Taking Propensity, Carolyn E. Gibson

College of Graduate Studies: Theses & Dissertations

Curiosity, or the drive for information and experiences that motivates exploration, plays a role in intellectual development. Curiosity is perhaps essential to education and intellectual achievement, but curiosity research is limited. Curiosity has been thought a motivation for learning and a cause of non-sanctioned behaviors and behavioral disorders. This prompts a connection with decision-making, specifically risky decision-making, perhaps with curiosity as a motivating force. In Experiment 1, college students were primed with curiosity, then participated in a lab-based behavioral measure of risk-taking, the Balloon Analogue Risk Task, and answered self-report inventories concerning risk-taking and curiosity. In Experiment 2, 4th and …

Ending The Sweetheart Deal Between Big-Time College Sports And The Tax System, Richard L. Schmalbeck

Faculty Scholarship

This paper was prepared for the annual conference of the National Center for Philanthropy and Law, held at the NYU Law School, held October 24-25, 2013. The overall topic was “Tax Issues Affecting Colleges and Universities,” and I was asked to address specifically those issues relating to athletics. This paper considers two specific issues that have in common only that they involve college sports, and are plagued by egregiously bad, (in this case, egregiously generous), tax treatment: the failure of the IRS to regard any part of the revenue from college sports as unrelated business income, and the choice by …

None Of The Laws But One, Neil S. Siegel

Faculty Scholarship

This Symposium contribution explores differences in how congressional Republicans responded to Medicare and how they responded to the Patient Protection and Affordable Care Act (ACA). Given the narrowness of the constitutional challenges to the ACA that congressional Republicans promoted and the many federal taxes, expenditures, and regulations that they support, this Article rejects the suggestion that today's Republicans in Congress generally possess a narrow view of the constitutional scope of federal power. The Article instead argues that congressional Republicans then and now-and the two parties in Congress today-fracture less over the constitutional expanse of congressional authority and more over the …

Extended Preferences And Interpersonal Comparisons: A New Account, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Redefining Genomic Privacy: Trust And Empowerment, Yaniv Erlich, James B. Williams, David Glazer, Kenneth Yocum, Nita A. Farahany, Maynard Olson, Arvind Narayanan, Lincoln D. Stein, Jan A. Witkowski, Robert C. Kain

Faculty Scholarship

Fulfilling the promise of the genetic revolution requires the analysis of large datasets containing information from thousands to millions of participants. However, sharing human genomic data requires protecting subjects from potential harm. Current models rely on de-identification techniques in which privacy versus data utility becomes a zero-sum game. Instead, we propose the use of trust-enabling techniques to create a solution in which researchers and participants both win. To do so we introduce three principles that facilitate trust in genetic research and outline one possible framework built upon those principles. Our hope is that such trust-centric frameworks provide a sustainable solution …

The Social Value Of Mortality Risk Reduction: Vsl Vs. The Social Welfare Function Approach, Matthew D. Adler, James K. Hammitt, Nicolas Treich

Faculty Scholarship

We examine how different welfarist frameworks evaluate the social value of mortality risk reduction. These frameworks include classical, distributively unweighted cost–benefit analysis—i.e., the “value per statistical life” (VSL) approach—and various social welfare functions (SWFs). The SWFs are either utilitarian or prioritarian, applied to policy choice under risk in either an “ex post” or “ex ante” manner. We examine the conditions on individual utility and on the SWF under which these frameworks display sensitivity to wealth and to baseline risk. Moreover, we discuss whether these frameworks satisfy related properties that have received some attention in the literature, namely equal value of …

Applause For The Plausible, Brandon L. Garrett

Faculty Scholarship

This short essay examines the seemingly contradictory definitions and associations of the word "plausible," which the Supreme Court unexpectedly elevated to a key gatekeeping role for all of federal civil litigation in its rulings altering the pleading standard in Twombly and Iqbal. Justices, judges and commentators have not focused on what "plausible" means, for some good reasons; it carries with it connotations of the "reasonable" and the "fair" but also "superficial," "often specious" and "pretext." I can offer only a plausible defense of the seemingly contradictory meanings of this word deployed to regulate allegations in federal complaints, for which the …

Mitt Romney, The 47% Percent, And The Future Of The Mass Income Tax, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

Is There A Federal Definitions Power?, Ernest A. Young

Faculty Scholarship

Although the Supreme Court decided United States v. Windsor on equal protection grounds, that case also raised important and recurring questions about federal power. In particular, defenders of the Defense of Marriage Act (DOMA) argued that Congress may always define the terms used in federal statutes, even if its definition concerns a matter reserved to the States. As the DOMA illustrates, federal definitions concerning reserved matters that depart from state law may impose significant burdens on state governments and private citizens alike. This Article argues that there is no general, freestanding federal definitions power and that sometimes—as with marriage—federal law …

Hiv Infrastructure Study Columbia, Sc, Susan S. Reif, Elena Wilson, Carolyn Mcallaster

Faculty Scholarship

No abstract provided.

Hiv Infrastructure Study Baton Rouge, Susan S. Reif, Elena Wilson, Carolyn Mcallaster, Casteel Scherger

Faculty Scholarship

No abstract provided.

Right-Skilling: Rabbis And The Rabbinic Role For A New Century, Barak D. Richman, Daniel Libenson

Faculty Scholarship

This chapter applies Clayton Christensen's model of organizational innovation to Jewish contexts. It observes a parallel between the many challenges that currently confront U.S. healthcare and American Jewry: a mismatch in the skills acquired by professionals and the needs expressed by the broader public; expensive institutions with high fixed costs that are struggling to provide value and maintain sustainable revenues; a failure to respect individual autonomy and cultural mores; and a disenfranchised public that suffers from high costs and unmet demand for meaningful services. It then applies Christensen's adapted model for the healthcare sector to American Jewish institutions, suggesting reforms …

From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy Meyer

Faculty Scholarship

The future of international lawmaking is in peril. Both trade and climate negotiations have failed to produce a multilateral agreement since the mid-1990s, while the U.N. Security Council has been unable to comprehensively respond to the humanitarian crisis in Syria. In response to multilateralism's retreat, many prominent commentators have called for international institutions to be given the power to bind holdout states-often rising or reluctant powers such as China and the United States-without their consent. In short, these proposals envision international law traveling the road taken by federal systems such as the United States and the European Union: from contractual …

Retaining Color, Veronica Root

Faculty Scholarship

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color—in particular black and Hispanic attorneys.

And …

The Monitor-Client Relationship, Veronica Root

Faculty Scholarship

After the government discovers wrongdoing by a corporation, the corporation and the government often enter into an agreement stating that the corporation will retain a “monitor.” A corporate compliance monitor, unlike the gatekeeper, is not charged with “monitoring” the corporation in an attempt to detect and prevent wrongdoing. A monitor, unlike the probation officer, is not solely charged with ensuring that the corporation complies with a previously determined set of requirements. Instead, a corporate compliance monitor is responsible for (i) investigating the extent of the wrongdoing already detected and reported to the government, (ii) discovering the cause of the corporation’s …

The Effectiveness Of International Adjudicators, Laurence R. Helfer

Faculty Scholarship

This chapter, in the Oxford Handbook of International Adjudication, provides an overview of the burgeoning literature on the effectiveness of international courts and tribunals (ICs). It considers four dimensions of effectiveness that have engendered debates among scholars or received insufficient scrutiny. The first dimension, case-specific effectiveness, evaluates whether the litigants to a specific dispute change their behavior following an IC ruling, an issue closely linked to compliance with IC judgments. The second variant, erga omnes effectiveness, assesses whether IC decisions have systemic precedential effects that influence the behavior of all states subject to a tribunal’s jurisdiction. The third approach, embeddedness …

Declaration On Patent Protection: Regulatory Sovereignty Under Trips, Reto Hilty, Matthias Lamping, Dan L. Burk, Carlos M. Correa, Peter Drahos, N. S. Gopalakrishnan, Henning Große Ruse-Khan, Annette Kur, Geertrui Van Overwalle, Jerome Reichman, Hanns Ullrich

Faculty Scholarship

As a framework regulation for innovation markets, the patent system needs to be tailored to the innovation process, which it is supposed to serve, and to the competitive environment, within which it must operate. In order to ensure an efficient functionality of the patent system as an innovation policy tool, patent rights ought to be defined, justified and continually reconsidered by reference to their socio-economic benefits and costs.

Sovereign states should retain the discretion to adopt a patent system that best suits their technological capabilities as well as their social, cultural and economic needs and priorities, with the proviso that …

The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability, Sara Sun Beale

Faculty Scholarship

In the United States, corporate criminal liability developed in response to the industrial revolution and the rise in the scope and importance of corporate activities. This article focuses principally on federal law, which bases corporate criminal liability on the respondeat superior doctrine developed in tort law. In the federal system, the formative period for the doctrine of corporate criminal liability was the early Twentieth Century, when Congress dramatically expanded the reach of federal law, responding to the unprecedented concentration of economic power in corporations and combinations of business concerns as well as new hazards to public health and safety. Both …

Electrostatic Charge Effects On Pharmaceutical Aerosol Deposition In Human Nasal-Laryngeal Airways, Jinxiang Xi, Xiuhua Si, Worth Longest

University Faculty Publications and Creative Works

Electrostatic charging occurs in most aerosol generation processes and can significantly influence subsequent particle deposition rates and patterns in the respiratory tract through the image and space forces. The behavior of inhaled aerosols with charge is expected to be most affected in the upper airways, where particles come in close proximity to the narrow turbinate surface, and before charge dissipation occurs as a result of high humidity. The objective of this study was to quantitatively evaluate the deposition of charged aerosols in an MRI-based nasal-laryngeal airway model. Particle sizes of 5 nm-30 μm and charge levels ranging from neutralized to …

Clinical Practice Guideline For Venous Thromboembolism, Angela Miller

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: The morbidity associated with venous thromboembolism often goes unrecognized. Identifying patient populations at risk for venous thromboembolism and implementing evidence-based guidelines can decrease the number of untoward effects of this disease. Clinical pathway guidelines are valuable tools needed by nurses in the prevention and treatment of disorders for patients. Education of the guideline can increase knowledge and understanding of what prevention, interventions, and treatment are available for the orthopaedic patient and how to apply this knowledge to everyday patient care.;Objective: To educate orthopaedic nurses on the clinical practice guidelines of thromboembolism.;Method: Incorporate the education of thromboembolism in an orthopaedic …

2013-2014 Charter Schools Office Annual Report, Grand Valley State University

Annual Reports (GVSU Charter Schools Office)

No abstract provided.

Religion In Organizations: Cognition And Behavior, Gary R. Weaver, Jason Stansbury

University Faculty Publications and Creative Works

Religious institutions can affect organizational practices when employees bring their religious commitments and practices into the workplace. But those religious commitments function in the midst of other organizational factors that influence the working out of employees’ religious commitments. This process can generate varying outcomes in organizational contexts, ranging from a heightened effect of religious commitment on employee behavior to a negligible or nonexistent influence of religion on employee behavior. Relying on social identity theory and schematic social cognition as unifying frameworks for the study of religious behavior, we develop a theoretically informed approach to understanding how and why the religious …

Effects Of The Popcorn Flavorings, Diacetyl And 2,3-Pentanedione, In The Airways, Eric J. Zaccone

Graduate Theses, Dissertations, and Problem Reports (ETD)

"Popcorn workers' lung" (PWL) is a bronchiolitis obliterans-like obstructive disease caused by inhalation of butter flavoring vapor during the manufacture of microwave popcorn. Lung function tests of employees at several microwave popcorn plants revealed that the severity of abnormal lung function correlated with increasing cumulative exposure to the butter flavorant, diacetyl. Recently, the diacetyl substitute, 2,3-pentanedione, has also been identified as a respiratory hazard. The National Institute for Occupational Safety and Health (NIOSH) demonstrated in rats that inhalation of occupationally-relevant concentrations of diacetyl and 2,3-pentanedione vapor for 6 h resulted in airway epithelial necrosis and apoptosis in the nasal passages …

The Effects Of A Happiness Intervention On Measures Of Psychological Well-Being And Motivation To Quit Smoking Among Smokers With Depressive Symptoms, Kelly A. Bailey

Graduate Theses, Dissertations, and Problem Reports (ETD)

Depressed smokers are a group of individuals whose health and overall functioning can benefit from interventions aimed to enhance well-being. Researchers have recently found significant relations between positive affect and smoking cessation success, and between low affect and smoking relapse, and unsuccessful abstinence (Cook et al., 2010; Leventhal et al., 2008, 2009; Niemiec, 2010). The examination of the effects of happiness interventions for a population considered to be “underserved” has only just begun (Borrelli, 2010, p. 2; Kahler et al., 2013). In this study, the independent variable was a happiness intervention and the outcome variables were psychological well-being and motivation …

An Updated Synthesis Of The Impacts Of Ocean Acidification On Marine Biodiversity, Tracy Aze, J Barry, R G J Bellerby, L Brander, M Byrne, S Dupont, J-P Gattuso, S Gibbs, L Hansson, C Hattam, Others

School of Biological and Marine Sciences

No abstract provided.