Digital Commons Network^™

Contract Theory – Who Needs It?, Avery W. Katz

Faculty Scholarship

Philosophy is perfectly right in saying that life must be understood backward. But then one forgets the other clause – that it must be lived forward.
Soren Kierkegaard

Both law students and law teachers have traditionally been drawn to conceptual projects that attempt to systematize the field of contract law. The reasons for this are easy to see: the field is doctrinally complex, few beginning students have any substantial experience with the kinds of fact patterns that arise in the cases, and the law is a locus of contestation over fundamental issues of economic liberalism that go to the heart …

Surprisingly Punitive Damages, Bert I. Huang

Faculty Scholarship

Damages can add up to super-punitive amounts in unintended ways. To take a textbook example: The Defendant has caused an industrial accident or other mass tort. Plaintiff 1 sues, winning punitive damages based on the reprehensibility of that original act. Plaintiff 2 also sues – and also wins punitive damages on the same grounds. So do Plaintiff 3, Plaintiff 4, and so forth. If each of these punitive awards is directed at the same general badness of that original act, then these punishments are redundant. When such redundancy occurs, even damages that are meant to be punitive can reach surprisingly …

Putting Stored-Value Cards In Their Place, Liran Haim, Ronald J. Mann

Faculty Scholarship

This Essay explores the effects of stored-value cards on social welfare. We argue that stored-value cards, in general, are socially beneficial payment devices. Their burgeoning use benefits society in three main plains. First, by replacing paper-based instruments in market segments previously inaccessible to card-based payments, stored-value cards lower the private and public costs of payment transactions. Second, by extending the use of card-based payment systems towards lower- and middle-income households, stored-value cards foster inclusion of those households in the financial mainstream of our society. Third, by operating without an extension of credit, stored-value cards help to limit the uniquely American …

The Supreme Court As A Constitutional Court, Jamal Greene

Faculty Scholarship

Political institutions are always works in progress. Their practical duties and aims as instruments of governance may not always match their constitutional blueprints or historical roles. Political offices might not always have the power to do what their constituent officers either need or want to do. A polity's assessment of whether the desired power is a need or a want may indeed mark a boundary between law and politics in the domain of institutional structure. The law gives, or is interpreted to give, political organs the tools they need to function effectively. They must fight for the rest.

(Anti)Canonizing Courts, Jamal Greene

Faculty Scholarship

Within U.S. constitutional culture, courts stand curiously apart from the society in which they sit. Among the many purposes this process of alienation serves is to “neutralize” the cognitive dissonance produced by Americans’ current self-conception and the role our forebears’ social and political culture played in producing historic injustice. The legal culture establishes such dissonance in part by structuring American constitutional argument around anticanonical cases: most especially “Dred Scott v. Sandford,” “Plessy v. Ferguson,” and “Lochner v. New York.” The widely held view that these decisions were “wrong the day they were decided” emphasizes the role of independent courts in …

Fair Use For Free, Or Permitted-But-Paid?, Jane C. Ginsburg

Faculty Scholarship

The U.S. Supreme Court in Sony Corporation of America v. Universal City Studios fended a fork in the fair use road. The Court there upset the longstanding expectation that uses would rarely, if ever, be fair when the whole of a work was copied. In the aftermath of that decision, lower courts have rendered a plethora of decisions deeming the copying of an entire work (even with no additional authorship contribution) a fair use, and therefore "free" in both senses of the word. A perceived social benefit or some market failure appears to motivate these decisions. This is because fair …

Multiple Security Domain Nondeducibility In Cyber-Physical Systems, Gerry W. Howser

Doctoral Dissertations

"Cyber-physical Systems (CPS) present special problems for security. This dissertation examines the cyber security problem, the physical security problem, the security problems presented when cyber systems and physical systems are intertwined, and problems presented by the fact that CPS leak information simply by being observed. The issues presented by applying traditional cyber security to CPS are explored and some of the shortcomings of these models are noted. Specific models of a "drive-by-wire'' automobile connected to a road side assistance network, a "Stuxnet type'' attack, the smart grid, and others are presented in detail.

The lack of good tools for CPS …

Compulsory Sexuality, Elizabeth F. Emens

Faculty Scholarship

Asexuality is an emerging identity category that challenges the assumption that everyone is defined by some type of sexual attraction. Asexuals – those who report feeling no sexual attraction to others – constitute one percent of the population, according to one prominent study. In recent years, some individuals have begun to identify as asexual and to connect around their experiences interacting with a sexual society. Asexuality has also become a protected classification under the antidiscrimination law of one state and several localities, but legal scholarship has thus far neglected the subject.

This Article introduces asexuality to the legal literature as …

Precambrian Evolution Of The Salalah Crystalline Basement From Structural Analysis And 40Ar/39Ar Geochronology, Hanadi Abulateef Al-Doukhi

Doctoral Dissertations

"The Salalah Crystalline Basement (SCB) is the largest Precambrian exposure in Oman located on the southern margin of the Arabian Plate at the Arabian Sea shore. This work used remote sensing, detailed structural analysis and the analysis of ten samples using ⁴⁰Ar/³⁹Ar age dating to establish the Precambrian evolution of the SCB by focusing on its central and southwestern parts. This work found that the SCB evolved through four deformational events that shaped its final architecture: (1) Folding and thrusting event that resulted in the emplacement of the Sadh complex atop the Juffa complex. This event resulted …

Irredeemably Inefficient Acts: A Threat To Markets, Firms, And The Fisc, Alex Raskolnikov

Faculty Scholarship

This Article defines and explores irredeemably inefficient acts – a conceptually distinct and empirically important category of socially undesirable conduct. Though inefficient behavior is, no doubt, pervasive, the standard view holds that inefficient conduct may be converted into efficient behavior by forcing actors to internalize the external harms of their decisions. For some acts, however such conversion is impossible. These acts are not just inefficient forms of otherwise socially beneficial activities – they are not just contingently inefficient. Rather, they are inefficient at their core; they reduce social welfare no matter what the regulator does. These irredeemably inefficient (or just …

The Role Of Potential Antioxidant In Medicinal Drug-Induced Oxidative Stress, Weili Fan

Doctoral Dissertations

"Most medicinal drugs have adverse effects. Among the most commonly used of these drugs are several types, known as "oxidative drugs". These are believed to cause adverse effects that induce oxidative stress, an imbalance of generation and detoxification of reactive oxygen species. So it is a reasonable assumption that the antioxidant might alleviate the toxicity induced by these drugs. N-acetylcysteine (NAC), a synthetic thiol, is a free-radical scavenger and a precursor of glutathione (the main endogenous antioxidant). However, the negative charge of NAC at physiological pH limits its bioavailability. N-acetylcysteineamide (NACA) is neutral in charge and is believed to have …

First-Principles Investigations Of Iron-Based Alloys And Their Properties, Krista Renee Limmer

Doctoral Dissertations

"Fundamental understanding of the complex interactions governing structure-property relationships in iron-based alloys is necessary to advance ferrous metallurgy. Two key components of alloy design are carbide formation and stabilization and controlling the active deformation mechanism. Following a first-principles methodology, understanding on the electronic level of these components has been gained for predictive modeling of alloys.

Transition metal carbides have long played an important role in alloy design, though the complexity of their interactions with the ferrous matrix is not well understood. Bulk, surface, and interface properties of vanadium carbide, VC_x, were calculated to provide insight for the carbide …

Radio Frequency Interference (Rfi) Modeling Of Complex Modules In Mobile Devices And System-Level Modeling For Transient Esd Simulation, Tianqi Li

Doctoral Dissertations

"The thesis is composed of three papers, which cover the systematic modeling of radio-frequency-interference (RFI) and electro-static-discharge (ESD) problems happened in mobile devices.

In the first paper, an averaging technique is developed, for phase resolved scanning over random fields generated by multiple uncorrelated stochastic sources. This method can separate the field contribution of each noise source and resulting field patterns as if the out-of-interest sources were turned off. The scanned data can be used for emission source localization, far-field pattern calculation and Huygens's box modeling.

In the second paper, using Huygens's Equivalent Theorem a systematic approach for the modeling of …

Market Efficiency After The Financial Crisis: It's Still A Matter Of Information Costs, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Contrary to the views of many commentators, the Efficient Capital Market Hypothesis ("ECMH"), as originally framed in financial economics, was not "disproven" by the Subprime Crisis of 2007-2008, nor has it been shown to be irrelevant to the project of regulatory reform of financial markets. To the contrary, the ECMH points to commonsense reforms in the wake of the Crisis, some of which have already been adopted. The Crisis created a lot of losers – from individual investors to pension funds and German Landesbanken – who purchased mortgage-backed securities that they did not, and perhaps could not, understand, and it …

Narratives In Conflicts: Alaska Natives And Offshore Drilling In The Arctic, Michael Burger

Sabin Center for Climate Change Law

This Symposium Essay examines and elucidates the ways in which the narrative constructions that constitute the “imaginary Arctic” factor into litigation surrounding Shell Oil’s highly controversial attempts to drill for oil and gas in the Beaufort and Chukchi seas off Alaska’s North Slope. Judges, lawyers and litigants involved in the Shell litigation have deployed a number of well-established storylines against each other: the Arctic as Classical Frontier, the Arctic as Spiritualized Frontier, the Arctic as Ancestral Homeland, the Arctic as Developing World, and the Arctic as Neutral Space. The litigation literature produced by this “battle for the Arctic” offers an …

Pools / Dreams / Parental Gaze, Tal Gafny

Theses and Dissertations

This thesis is a testimony of thoughts and ideas that have been circulating in my studio for the past few years, in their current form. It is also an experiment in writing an autobiographical piece of prose. It was written parallel to, and after, making the film Double Take with Perrin Turner. The film is an exploration of a number of relationships, related and sometimes haunted by one another. I wish for this text to operate not only as an after-the-fact recollection of thoughts, but also in relation to what will follow it – similarly to the way a trailer …

The Role Of Authoritative Parenting In Type 1 Diabetes Adolescent Outcomes, Zach Radcliff

Theses and Dissertations

Due to psychosocial and hormonal changes, adolescents with Type 1 Diabetes (T1D) are at risk for poorer regimen adherence, quality of life (QOL), and glycemic control (HbA1c). Authoritative parenting (AP) supports youth development during the transition into adolescence. To date, the mechanisms behind authoritative parenting and better HbA1c are yet to be examined. Parent-youth dyads completed measures of authoritative parenting, adherence, and QOL. As hypothesized, more authoritative parenting related to higher socioeconomic status (SES; β = -.13, p = .04) rather than ethnicity. Further, more authoritative parenting related to better glycemic control via the mechanisms of higher youth QOL (β …

Can Using The Internal Audit Function As A Training Ground For Management Deter Internal Auditor Fraud Reporting?, Christopher K. Eller

Theses and Dissertations

This study examines the effects of using the internal audit function as a training ground for management and fraud magnitude on internal auditor fraud reporting decisions. Using a 2x2 between-participants experiment, the current study manipulates the use of the internal audit function as a management training ground (used as a training ground vs. not used as a training ground) and fraud magnitude (large fraud, defined as 30 percent of net income vs. small fraud, defined as one percent of net income). The results indicate that internal auditors may be less likely to report a fraud to their superior when the …

Disparities In Adverse Childhood Experiences And Sexual Health In The Us: Results From A Nationally Representative Sample, Monique J. Brown

Theses and Dissertations

Background: Adverse childhood experiences (ACEs) are a major public health problem in the US, and have been linked to risky sexual behavior and psychopathology. However, studies examining the link between the wide range of ACEs and sexual health outcomes and behaviors, and the associated mediational role of psychopathology are lacking.

Objectives: The main objectives of this dissertation project were: 1) To determine the association between ACEs and sexual health outcomes and behaviors (early sexual debut, intimate partner violence (IPV) perpetration, and HIV/STIs); 2) To examine the disparities among selected populations; and 3) To assess the mediational role of psychopathology in …

Portraiture And Text In African-American Illustrated Biographical Dictionaries, 1876 To 1917, Dennis Williams Ii

Theses and Dissertations

Containing portraiture and biography as well as protest text and affirmative text, African- American Illustrated biographical dictionaries made from 1876 to 1917 present Social Gospel ideology and are examples of Afro-Protestantism. They are similar to the first American illustrated biographical dictionaries of the 1810s in that they formed social identity after national conflict while contesting concepts of social inferiority. The production of these books occurred during the early years of Jim Crow, a period of momentous change to the legal and social fabric of the United States, and because of momentous changes in modern American print industries. While portraits within …

Genetic Divergences Of South And Southeast Asian Frogs: A Case Study Of Several Taxa Based On 16s Ribosomal Rna Gene Data With Notes On The Generic Name Fejervarya, Mahmudul Hasan, Mohammed Mafizul Islam, Md. Mukhlesur Rahman Khan, Takeshi Igawa, Mohammad Shafiqul Alam, Hon Tjong Djong, Nia Kurniawan, Hareesh Joshy, Yong Hoi Sen, Daicus M. Belabut, Atsushi Kurabayashi, Mitsuru Kuramoto, Masayuki̇ Sumi̇da

Turkish Journal of Zoology

To elucidate the genetic divergences of several Asian frog taxa, the mitochondrial 16S rRNA gene (16S) sequences of 81 populations across 6 Asian countries were analyzed. In total, 109 haplotypes were found, and the concept of a 3% difference in 16S sequence corresponding to species threshold was applied to define candidate amphibian species, for which corroborating evidence, such as morphology, ecological characteristics, and/or nuclear gene data, is required. Polypedates leucomystax, Hylarana chalconota, and Hylarana sp. from Chantaburi, Maelippet Siberut, and Langkawi Island, respectively, correspond to 3 candidate species and H. erythraea from Malaysia/Thailand represents a possible candidate species. Hylarana cf. …

Tachinids (Diptera: Tachinidae) Reared From Lepidopterous And Heteropterous Hosts From Some Localities In The Kelkit Valley (Amasya, Tokat, Sivas) Of Turkey, Turgut Atay, Kenan Kara

Turkish Journal of Zoology

This study was carried out to determine the tachinid parasitoids of lepidopterous and heteropterous hosts from some localities in the Kelkit Valley (Amasya, Tokat, Sivas) of Turkey. Eleven species belonging to the subfamily Exoristinae and 9 species belonging to the subfamily Phasiinae were reared. Eurygaster maura L. (Heteroptera: Scutelleridae) for Gymnosoma desertorum Rohdendorf and Corizus hyoscyami (L.) (Rhopalidae) for Elomyia lateralis (Meig.) were recorded for the first time as tachinid/host-couples. Additionally, 6 tachinid/host-couples were recorded for the first time from Turkey.

Distribution Of Blackchin Guitarfish Rhinobatos Cemiculus E. Geoffroy Saint-Hilaire, 1817 (Elasmobranchii: Rhinobatidae) With First Records From İzmir Bay (Turkey, Northeastern Aegean Sea), Okan Akyol, Chri̇sti̇an Capape

Turkish Journal of Zoology

Blackchin guitarfish, Rhinobatos cemiculus, is rather abundantly captured in the eastern tropical Atlantic, especially off Senegal and Mauritania. In the Mediterranean western basin, R. cemiculus is unknown at present off the European shore but is rather frequent off southern areas; conversely, the species occurs throughout the eastern basin. Two large specimens recorded for the first time in İzmir Bay, northern Aegean Sea, are reported and described in this note. These findings constitute the northernmost records of R. cemiculus in both the Aegean Sea and the Mediterranean Sea, and they significantly extend the species' distribution known to date.

First Report Of Some Parasites From Mediterranean Mussel, Mytilus Galloprovincialis Lamarck, 1819, Collected From The Black Sea Coast At Sinop, Ahmet Özer, Sevi̇lay Güneydağ

Turkish Journal of Zoology

This is the first study on parasite fauna of Mytilus galloprovincialis Lamarck, 1819 in Turkish waters. Mussel samples were collected monthly at 3 sampling stations on the coast of Sinop on the Black Sea in the period between August 2012 and July 2013. A total of 1740 mussels were examined for parasites using standard parasitological investigation procedures. The parasites identified included the following: 2 protozoans, Nematopsis legeri (32.12%) and Peniculistoma mytili (6.72%); 1 turbellarian, Urastoma cyprinae (6.32%); 1 trematode, Parvatrema duboisi (4.54%); and 1 polychaeta, Polydora ciliata (2.24%). All identified species are illustrated in figures and constitute new records of …

New Records Of Tetracneminae (Hymenoptera, Chalcidoidea, Encyrtidae) From Iran, Majid Fallahzadeh, George Japoshvili, Roohafza Abdimaleki, Nazila Saghaei

Turkish Journal of Zoology

One genus and 3 species belonging to 3 tribes of Tetracneminae (Hymenoptera, Chalcidoidea, and Encyrtidae) are recorded for the first time from Iran. The species Aenasius bambawalei Hayat is considered as a junior synonym of A. arizonensis (Girault). Nipaecoccus viridis is recorded as a new host for Leptomastix longicornis. In addition, available information for each species and comments on taxonomy, biology, and geographical distribution are included.

The Influence Of Domestic Living Arrangement And Neighborhood Identity On Mental Health Among Urban Chinese Elders, Minzhi Ye, Yiwei Chen

School of Social Work Faculty Publications

Objectives: The primary purposes of the present study were (1) to assess the living arrangements among urban Chinese elders, (2) to examine the relationship between household living arrangement and elders’ mental health, and (3) to investigate how individuals’ neighborhood identity affects their mental health.

Method: The random sample was collected in 2011, including 939 respondents aged 60 and above who lived in the Jing’an district of Shanghai, China. The study examined well-being and depression of elders. The domestic living arrangements were assessed by a single item with five options: ‘With whom are you living together?’ The neighborhood identity was measured …

Seasonal Variations In Immunoreactive Cortisol And Fecal Immunoglobulin Levels In Sichuan Golden Monkey (Rhinopithecus Roxellana), Shuai Huang, Lian Li, Jie Wu, Chengmin Li, Jingyan Bai, Yu Sun, Genlin Wang

Turkish Journal of Zoology

The Sichuan golden monkey is deserving of conservation and the welfare of this species is receiving increasing attention. However, it is difficult to identify physiological parameters for assessing its conservation status. In the present study, we employed noninvasive sampling methods and immunochemical assays to determine if measurements of cortisol and immunoglobulin in feces allowed monitoring of physiological status. The results indicated that the cortisol and immunoglobulin concentrations in feces could serve as biomarkers for monitoring stress and immune status, and that there was a relationship between stress and the immune response. A tendency toward seasonal fluctuation in immunoreactive cortisol and …

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

Updated Checklist Of Sponges (Porifera) Along The Coasts Of Turkey, Bülent Topaloğlu, Alper Evcen

Turkish Journal of Zoology

This study compiled the data from previous papers emphasizing sponge species on the Turkish coasts. In total, 131 species belonging to 46 families have been reported: 82 species from the Aegean Sea, 63 species from the Sea of Marmara, 51 species from the Levantine Sea, and 13 species from the Black Sea. Among these species, 3 species are new records for the marine fauna of Turkey: Rhizaxinella elongata, Axinyssa digitata, and Terpios gelatinosa. Raspalia viminalis is a new record for the Sea of Marmara. The morphological and distributional features of 3 species are presented. In addition, a checklist of the …

Utility Air Regulatory Group V. Epa: A Shot Across The Bow Of The Administrative State, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.