Digital Commons Network^™

Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg

Law Faculty Scholarship

At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the topic. This …

Toxic Torts And Workers' Compensation At The Savannah River Site: The Disparate Remedies Available To Those Who Work For Cancer And Those Who Get It For Free, Keegan B. Miller

South Carolina Law Review

No abstract provided.

Punitive Compensation, Cortney E. Lollar

Law Faculty Scholarly Articles

Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution's traditional aim of disgorging a defendant's ill-gotten gains. Instead, courts use this monetary award not only to compensate crime victims for intangible losses, but also to punish the defendant for the moral blameworthiness of her criminal action. Because the remedy does not fit into the definition of what most consider "restitution," this Article advocates for the adoption of a new, additional designation for this prototypically punitive remedy: punitive compensation. Unlike with restitution, courts measure punitive compensation by a victim's losses, not a defendant's …

Three Essays On Dividend Policy, Mehmet Deren Caliskan

Finance Theses & Dissertations

This dissertation considers paying earnings out as dividends a conservative policy as opposed to investing earnings in to value-increasing projects. Based on this view, this dissertation explores the effect of chief executive officers’ (CEO) risk preferences on dividend policy, market’s reaction to dividend policy changes, and the effect of dividend policy on firm financial distress. The first chapter hypothesizes that risk seeking CEOs will be less likely to pay dividends compared to conservative CEOs. The second chapter hypothesizes that when the market sentiment is high (i.e., when investors are willing to take risk) firms that omit dividends should outperform the …

Too Many Cooks In The Climate Change Kitchen: The Case For An Administrative Remedy For Damages Caused By Increased Greenhouse Gas Concentrations, Benjamin Reese

Michigan Journal of Environmental & Administrative Law

Recent federal and state court decisions have made clear that federal common law claims against emitters of greenhouse gases are not sustainable; however, those same courts seem to have given state common law tort claims the green light, at least if the claims are brought in the state where the polluters are located. This Note contends that such suits are not an adequate remedy for those injured by climate change because they will face nearly insurmountable barriers in state court, and because there are major policy-level drawbacks to relying on state tort law rather than a federal solution. This Note …

The Potential Effects Of Federal Health Insurance Reforms On Employment Arrangements And Compensation, Marcus O. Dillender, Carolyn J. Heinrich, Susan N. Houseman

Upjohn Institute Working Papers

The Affordable Care Act (ACA) presents an opportunity to significantly improve compensation for American workers. A potential concern, though, is that employers will circumvent the employer mandate by increasing their use of workers in staffing arrangements that are not covered by the mandate: workers averaging less than 30 hours per week, working on a temporary basis, or working in organizations with fewer than 50 full-time employees. In this paper, we shed light on the likely effects that the ACA will have on employment arrangements. We first examine how part-time employment in Massachusetts changed after its health insurance reform, which is …

Examining Pay Differentials In The Legal Field, Barbara Donn, Christine Cahill, Meghan H. Mihal

Indiana Journal of Law and Social Equality

This study investigates pay discrimination towards women in the legal field. Recent research has shown that a pay gap does exist in the legal field, and we show that this gap widens throughout the lawyers’ early careers. For our analysis, we focus on the pay differentials between associate level men and women at large private law firms in the United States. The data used in this study is provided by the American Bar Association and is a nationally representative data set following lawyers who began their legal career in 2000. We show that women earn less than their male counterparts …

Compensation Of The Driver As A Motor Accident Victim In Cameroon: A Critical Appraisal Of The Cima Code, Abue Ako Scott Eke

abue ako scott eke Mr.

In Cameroon, the law that governs the compensation of motor accident victims is the CIMA Code. This law fully recognizes the driver as being a victim that is liable to compensation in case he suffers from a motor accident. Equally at the same time, the law has put in place special modalities which the driver must fulfill in order to receive complete or partial compensation. This is particularly important because the same law provides for a different regime of compensation when it comes to the case of victims non-driver. A driver could therefore be described as a victim sui generis. …

Tracking Sales Activities In Agribusiness, Jiayu Li

Open Access Theses

Decisions in the sales area, including customer and product selection and margin discipline, shape profits for companies in agribusiness. Management of the sales function takes place at the organizational, managerial, and practitioner level, each of which requires data about the process. Individual salespeople benefit from better knowledge of customers (Dixon & Adamson, 2011), and sales managers benefit from understanding the activities of salespeople. Organizationally, data on sales activities may be used to determine progress toward organizational goals or to compensate salespeople. ^ This research utilized surveys to investigate how agribusiness companies differ in the ways they keep track of sales …

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy A. Combs

Michigan Journal of International Law

The ICC is well known in international legal circles. Indeed, everyone who knows anything about international law knows that the ICC is the acronym for the International Criminal Court, the body charged with prosecuting international crimes around the globe. Created in 2002, the ICC was intended to “put an end to impunity” for the perpetrators of international crimes” and to affirm “that the most serious crimes of concern to the international community as a whole must not go unpunished.”1 Imagine, however, a world where the “ICC” instead was an acronym for the International Compensation Court. That is, what if the …

International Liability And Primary Rules Of Obligation: An Application To Acid Rain In The United States And Canada, John B. Lyle

Georgia Journal of International & Comparative Law

No abstract provided.

Predicting Lodging Manager Annual Salary Based On Metropolitan Statistical Area Attributes And Lodging Industry Performance: Exploring The Concept, Nicholas J. Thomas, Eric Adam Brown, Donald Schoffstall, Lisa Y. Thomas

Hospitality Review

Using multiple regression analysis, lodging managers’ annual mean salaries in 143 Metropolitan Statistical Areas (MSA) within the U.S. were analyzed to identify what relationships existed with variables related to general MSA characteristics, along with the lodging industry’s size and performance. By examining the relationship between these variables, the authors predict the long-term possibility of predicting lodging industry managers’ salaries. These predictions may have an impact on financial performance of an individual lodging property or organization. Through this paper, this concept was applied and explored within U.S. MSAs. These findings may have value for a variety of stakeholders, including human resources …

The Daily Gamecock, Wednesday, February 4, 2015, University Of South Carolina, Office Of Student Media

February

No abstract provided.

Just Compensation: A No-Fault Proposal For Research-Related Injuries, Leslie Meltzer Henry, Megan E. Larkin, Elizabeth R. Pike

Faculty Scholarship

Biomedical research, no matter how well designed and ethically conducted, carries uncertainties and exposes participants to risk of injury. Research injuries can range from the relatively minor to those that result in hospitalization, permanent disability, or even death. Participants might also suffer a range of economic harms related to their injuries. Unlike the vast majority of developed countries, which have implemented no-fault compensation systems, the United States continues to rely on the tort system to compensate injured research participants—an approach that is no longer morally defensible. Despite decades of US advisory panels advocating for no-fault compensation, little progress has been …

Abnormal Electrophysiological Motor Responses In Huntington's Disease: Evidence Of Premanifest Compensation, Lauren Turner, Rodney J. Croft, Andrew Churchyard, Jeffrey C. L Looi, Deborah M. Apthorp, Nellie Georgiou-Karistianis

Faculty of Social Sciences - Papers (Archive)

Background: Huntington's disease (HD) causes progressive motor dysfunction through characteristic atrophy. Changes to neural structure begin in premanifest stages yet individuals are able to maintain a high degree of function, suggesting involvement of supportive processing during motor performance. Electroencephalography (EEG) enables the investigation of subtle impairments at the neuronal level, and possible compensatory strategies, by examining differential activation patterns. We aimed to use EEG to investigate neural motor processing (via the Readiness Potential; RP), premotor processing and sensorimotor integration (Contingent Negative Variation; CNV) during simple motor performance in HD. Methods: We assessed neural activity associated with motor preparation and processing …

How Do Broad-Based Stock Option Grants Affect Firms’ Overall Future Productivity?, Wenjing Ouyang, Menghistu Sallehu

Eberhardt School of Business Faculty Articles

We investigate the impact of broad-based stock option grants on future firm productivity using a sample of U.S. firms from 1990-2006. We focus on stock option grants predominantly to rank-and-file employees (broad-based stock options) because a significant amount of stock options are granted to rank-and-file employees other than the top five named executives. This study documents that the extent of broad-based stock option grants are negatively associated with future firm productivity. Further tests show this negative relation is attenuated by a firm's financial constraints and stock price informativeness but is exacerbated in "new economy" industry firms. We interpret these results …

Voltage Sag Compensation Of Point Of Common Coupling For Low Voltage Ride-Through Enhancment Of Inverter Interfaced Dg Using Bridge Type Fcl, Seyed Behzad Naderi, Michael Negnevitsky, Amin Jalilian, Mehrdad Tarafdar Hagh, Kashem M. Muttaqi

Faculty of Engineering and Information Sciences - Papers: Part A

Fully converter wind turbines and solar power utilise an inverter to connect to grid. The inverters are vulnerable to voltage sag in their terminal due to its damaging effect on semiconductor self-Turnoff switches. In this paper, a bridge-Type fault current limiter (B-FCL) is proposed for low voltage ride-Through (LVRT) of the inverters during different types of fault with simple control system. The proposed B-FCL is capable to compensate the voltage sag in point of common coupling (PCC) and makes a safe condition not only for the inverter but also for any equipment which has been connected to the PCC in …

Ceo Characteristics And The Choice Of Using Non-Financial Performance Measures In Compensation Contracts, Melloney C. Simerly Ph.D.

Theses and Dissertations

This study examines how CEO characteristics influence the decision to use non-financial performance measures (NFPM) in compensation contracts. Specifically, I examine the CEO characteristics: gender, age, tenure, risk-aversion, overconfidence, and sensitivity of wealth. Using trait theory and the extant literature examining NFPM, females, age, tenure, and risk-aversion are expected to be positively associated with the use of NFPM while competing hypotheses are presented for overconfidence and sensitivity of wealth. Employing a two-way fixed effects method, controlling for fixed effects at the firm and year level, I find that female CEOs are positively associated with the use of NFPM because of …

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Player Compensation And Team Performance: Salary Cap Allocation Strategies Across The Nfl, Max Winsberg

CMC Senior Theses

The National Football League’s salary cap constrains the available resources each franchise is allotted to spend on player personnel. I examine the effects of executive management’s compensation allocation strategies on team performance from 2006 to 2013. The findings suggest that spending more than the league-average on offensive lineman hurts overall team performance. Spending above the league average on both the offensive line and quarterback positions negatively affects offensive performance as well. This supports previous research stating that taking a superstar-approach to cap distribution negatively affects team performance. Furthermore, I find evidence of increased compensation inequality among players under the Collective …

Justice Among The Ashes: How Government Compensation Facilities Can Bring Justice To Disaster Victims, Lindy Rouillard-Labbé

Fordham International Law Journal

No abstract provided.

Emergency Takings, Brian Angelo Lee

Michigan Law Review

Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay “just compensation” to owners of private property that the government “takes.” In ordinary circumstances, this requirement applies equally whether the property is confiscated or destroyed, and it also applies to property confiscated in emergencies. Remarkably, however, courts have repeatedly held that if the government destroys property to address an emergency, then a “necessity exception” relieves the government of any obligation to compensate the owner of the property that was sacrificed for the public good. Although the roots of this startling principle …

Interim Payments And Economic Damages To Compensate Private-Party Victims Of Hazardous Releases, Julie E. Steiner

Faculty Scholarship

There is a gap in tort recovery for many hazardous release victims. Hazardous spill victims receive different damage compensation based solely upon the type of hazardous substance released, with oil spill victims benefitting from a number of statutory damage recovery mechanisms that victims of other type of hazardous substance releases do not receive. Specifically, those injured by oil spills receive interim payments and recover for their economic loss. Yet, many victims injured by non-oil hazardous spills will incur economic harm but will not receive compensation because of a prohibition on recovery for economic loss absent accompanying physical injury or private …

A Living Wage For All Manitobans?: Perspectives From The Private Sector, Paul Campbell Sheridan

Theses and Dissertations (Comprehensive)

In response to the growing problem of working poverty around the world, a grassroots movement has emerged and spread internationally in the last two decades. This movement proposes the adoption of living wage policies and practice as part of a comprehensive poverty reduction strategy in the context of the neoliberal retrenchment of social safety nets. While successful at the local government level in the USA and the U. K., the movement has struggled to make inroads into the private sector, which is where the bulk of sub-living-wage jobs are situated. Using a qualitative methodology informed by critical theory, this study …

An Examination Of The Job Market For Entrepreneurship Faculty From 1989 To 2014, Todd A. Finkle

Todd A Finkle