Digital Commons Network^™

Intention And Value, Joseph Raz

Faculty Scholarship

The paper sketches the role of reasons and intentions in leading to action with an intention, explaining the way possession of rational powers transforms the formation of intentions. Part One explains how when humans act with an intention they act in the belief that there is value in the action. Part Two explains the relative role of value and intention in “producing” the action, and relates their role to that of motivation.

Modern "Sappers And Miners": The Rehnquist And Roberts Courts And The Civil Rights Act Of 1964, Jonathan K. Stubbs

Law Faculty Publications

o orient readers on what is at stake, Section I provides a brief overview of the substantive provisions of the Civil Rights Act of 1964. Section II considers reasons why the Act was premised on Congress' Commerce Clause authority rather than the enforcement power that the Constitution confers upon Congress under the Thirteenth and Fourteenth Amendments. Section III evaluates several recent Supreme Court decisions that give the Commerce Clause a restrictive interpretation. For illustrative purposes, this section ex- plores the impact on Title Two of the Act. Finally, the article closes with a few observations of the implications of the …

Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate

Law Faculty Publications

his essay grapples with a previously unexamined feature of the death penalty: temporal arbitrariness. How does the circumstance of time affect capital defendants? What might this mean for the stability of our notions of justice? I explore these questions using a 25-year-old death penalty trial as a case study, examining the procedural and factual highlights of the case and situating it in its temporal milieu. I then explore how the roles of doctrine, policy, and cultural attitudes would dramatically alter the nature and probable outcome of the case today, illustrating how temporal arbitrariness further exposes the death penalty’s unsteady administration …

New Essays On Clint Eastwood, Dennis Cutchins

Faculty Publications

As John M. Gourlie and Leonard Engel state in their introduction to New Essays on Clint Eastwood, the intention of this collection of essays is “both to expand our understanding of individual films and to deepen our overall appreciation of Eastwood’s artistry as, through the various stages of his career, he becomes an even greater master of his craft” (2). In these goals the collection succeeds. The essays are not all equal in their value, and the collection lacks an overall unity, but for Eastwood scholars this is a useful and worthwhile book.

Ascetic Entrepreneurship: How The Christian Work Ethic Creates Long-Term Value For Business And Society, David Kee D.B.A.

Belden Center Monographs

No abstract provided.

Save Birds Now Or Birds Later, Michael B. Gerrard

Faculty Scholarship

Due to a combination of climate change, habitat loss, water diversions, pesticides and other toxics, and other factors, the Earth is now facing the sixth mass extinction event in its geological history, on a par with the asteroid that killed the dinosaurs and much else.

The international goal for fighting climate change, as adopted and reaffirmed at several United Nations climate conferences, is to keep global average temperatures from rising more than two degrees Celsius above pre-industrial conditions. Even an increase at that level would have very negative consequences to humans as well as other species — the low-lying island …

Unstable Constitutionalism, Mark Tushnet, Madhav Khosla

Faculty Scholarship

One of the most significant developments in the study of constitutional law in recent years has been the comparative turn in the field. Although debates continue over whether and how domestic courts should rely on (or even refer to) foreign law in domestic legal disputes, the appropriate methodology for comparative analyses, and the potential and limits of comparative constitutional studies, many scholars and practitioners – including well-known judges – no longer believe that the task of constitutional law is solely domestic in nature. Yet, despite the enthusiasm for comparative constitutional law and the emerging systematization of comparative work, the field …

The Private Life Of Drm: Lessons On Privacy From The Copyright Enforcement Debates, Rebecca Wexler

Faculty Scholarship

This Article presents an intellectual history of competing privacy claims and counterclaims in policy debates about copyright enforcement methods. Specifically, it examines debates over Digital Rights Management technologies, or encryption tools that track the use of, and restrict access to, copyrighted information. The Article finds that, historically, information privacy claims in these debates did not lead to determinant outcomes; each argument drawn from a privacy interest corresponds to a counterclaim drawn from that same interest but supporting an opposite policy preference. Moreover, these competing claims on privacy cannot be explained as mere superficial semantics. Rather, they concern a variety of …

Ownership And Possession, Thomas W. Merrill

Faculty Scholarship

One of the enduring mysteries about property is why the law protects both ownership and possession. In a pre-modern world, with low rates of literacy and no formal method of registering titles, one can understand why the law would protect possession. In such a world, there may be no concept of property beyond the understanding that persons should respect possessory rights established by others. It is less clear why possession should be protected once property comes to be understood as ownership. Ownership and possession will commonly overlap, and protecting ownership will protect possession. Nevertheless, even in the most sophisticated legal …

Delegation, Accommodation, And The Permeability Of Constitutional And Ordinary Law, Gillian E. Metzger

Faculty Scholarship

To some, the very idea of the constitutional law of the administrative state is an oxymoron. On this view, core features of the national administrative state — broad delegations and the combination of legislative, executive, and judicial power within administrative agencies, particularly agencies that are headed by unelected executive officials only removable on narrow grounds — are fundamentally at odds with both constitutional separation of powers principles and due process. To others, no such conflict between contemporary administrative governance and the Constitution exists, and assertions of the administrative state’s unconstitutionality rest on basic misunderstandings of what separation of powers and …

Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement, Amber Baylor

Faculty Scholarship

The Housing Part of the Civil Court was established by statute in Defense attorneys are well acquainted with the ill-considered and extreme use of solitary confinement in local jails. Isolation is one of many problems clients face while locked up in jail awaiting trial. Other common conditions of pretrial confinement include lack of mental health treatment, inadequate medical care, violence from corrections staff, and lack of protection from the violence of others. "Owing time", a recently dismantled practice, is just one example of jails' frivolous use of extreme isolation practices. At times, youth in the juvenile facility at Rikers were …

Distributing The Responsibility To Protect, Monica Hakimi

Faculty Scholarship

Over the past several decades, the central focus of international law has shifted from protecting only sovereign states to protecting individuals. Still, the worst imaginable human rights abuses – genocides, ethnic cleansings, crimes against humanity, and systemic war crimes – occur with alarming frequency. And the international response is often slow or ineffectual.

The most recent development for addressing this problem is the ‘responsibility to protect’, an idea that has received so much attention that it now goes simply by R2P. R2P stands for two basic propositions. First, each state must protect its population from atrocities. This proposition is well …

Anti-Herding Regulation, Ian Ayres, Joshua Mitts

Faculty Scholarship

In some contexts, an individual’s choice to mimic the behavior of others, to join the herd, can increase systemic risk and retard the production of information. Herding can thus produce negative externalities. And in such situations, individuals by definition have insufficient incentives to separate from the herd. But the traditional regulatory response to externality problems is to impose across-the-board mandates. Command-and-control regulation tends to displace one pooling equilibrium by moving behavior to a new, mandated pool. Mortgage regulators, for example, might respond to an unregulated equilibrium where most homeowners start with 2% down by imposing a requirement that causes most …

Rationalizing Cost Allocation In Civil Discovery, A. Benjamin Spencer

Faculty Publications

A movement is afoot to revise the longstanding presumption that in civil litigation the producing party bears the cost of production in response to discovery requests. An amendment to Rule 26( c )-which took effect in December 2015-makes explicit courts' authority to issue protective orders that shift discovery costs away from producing parties. But this authority is not new; what is new is what may be coming next-an undoing of the producer-pays presumption itself. Thus far, the sentiment to move in this direction has been slightly below the radar, advocated by probusiness interest groups and advocates before the Advisory Committee …

The Search, The Jackson Laboratory

Search Magazine

No abstract provided.

Reinventing The Trial: The Innocence Revolution And Proposals To Modify The American Criminal Trial, Marvin Zalman, Ralph Grunewald

Texas A&M Law Review

Law review articles by D. Michael Risinger, Tim Bakken, Keith Findley, Samuel Gross, and Christopher Slobogin have proposed modifications to pretrial and trial procedures designed to reduce wrongful convictions. Some fit within the adversary model and others have “inquisitorial” features. We compare and evaluate the recommendations from the perspectives of lawyer-scholars trained in the United States and Germany. We examine the proposals for their novelty, feasibility, complexity, likely impact, and possible negative or positive side effects. This Article describes, compares, and critically analyzes the articles; suggests additional truth-enhancing procedural reforms; and provides a platform for further analysis.

Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31st, 2014 As Compiled By The Town Officers., Seabrook Town Representatives

Seabrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Toward A Heterodox Property Law And Economics, Lua Kamal Yuille

Texas A&M Law Review

Property law is profoundly unsatisfying. This statement is not meant to suggest that property is wrong or bad. Nor does it mean to take issue with any particular rule of property law, at least in a way that is not already reflected in the rich property literature. Rather, property law is unsatisfying because, often, its settlements and compromises seem wanting and iniquitous, even while envisioned alternatives seem untenable and unfair. Indeed, the standard first-year Property syllabus reads like a compendium of the Catch-22.

Emerging Biotechnologies And The 1972 Biological Weapons Convention: Can It Keep Up With The Biotechnology Revolution?, Victoria Sutton

Texas A&M Law Review

In light of the quandaries presented by domestic law, has the Biological Weapons Convention of 1972 (“BWC”) also been so outpaced by the technologies that it is no longer effective and meaningful in international law? Part II will examine the continuum of official actions that have attempted to keep pace with the growing biotechnologies that may present threats to global biosecurity through interpreting the BWC. Part III looks at how these definitions may not be sufficient. Finally, Part IV looks at other mechanisms that may provide a better way of controlling biological weapons than redefining the technologies through the current …

Jack Sammons As Therapist, Jospeh Vining

Articles

Jack Sammons is well known as a pioneer in making the practice of law a field of academic study and teaching. He is also an original and penetrating analyst of law as such. This essay comments on his recent work, especially his putting the way we understand law and the way we understand music side by side and drawing out the parallels between them. Many will find his work a revelation.

Commitment Problems In Conflict Resolution, Erik O. Kimbrough, Jared Rubin, Roman M. Sheremeta, Timothy W. Shields

ESI Publications

Commitment problems are inherent to non-binding conflict resolution mechanisms, since an unsatisfied party can ignore the resolution and initiate conflict. We provide experimental evidence suggesting that even in the absence of binding contractual agreements individuals often avoid conflict by committing to the outcome of a conflict resolution mechanism. Commitment problems are mitigated to a greater extent for groups that opt-in to the conflict resolution mechanism, but only when opting-in is costly. Although conflict rates are higher when opting-in is costly than when it is free or exogenously imposed, commitment problems are greatly reduced among those groups who choose to opt-in.

Disfluent Fonts Don’T Help People Solve Math Problems, Andrew Meyer, Shane Frederick, Terence C. Burnham, Juan D. Guevera Pinto, Ty W. Boyer, Linden J. Ball, Gordon Pennycook, Rakefet Ackerman, Valerie A. Thompson, Jonathon P. Schuldt

ESI Publications

Prior research suggests that reducing font clarity can cause people to consider printed information more carefully. The most famous demonstration showed that participants were more likely to solve counterintuitive math problems when they were printed in hard-to-read font. However, after pooling data from that experiment with 16 attempts to replicate it, we find no effect on solution rates. We examine potential moderating variables, including cognitive ability, presentation format, and experimental setting, but we find no evidence of a disfluent font benefit under any conditions. More generally, though disfluent fonts slightly increase response times, we find little evidence that they activate …

Experimental Evolution And Economics, Terence C. Burnham, Aimee Dunlap, David W. Stephens

ESI Publications

This is a theory paper that advocates experimental evolution as a novel approach to study economic preferences. Economics could benefit because preferences are exogenous, axiomatic, and contentious. Experimental evolution allows the empirical study of preferences by placing organisms in designed environments and studying their genotype and phenotype over multiple generations. We describe a number of empirical studies on different aspects of preferences. We argue that experimental evolution has the potential to improve economics.

The Alexandrian Epitomes Of Galen, Volume 1: On The Medical Sects For Beginners; The Small Art Of Medicine; On The Elements According To The Opinion Of Hippocrates, Galen, John Walbridge, Translator

Maxwell Institute Publications

The second-century physician and philosopher Galen is not known for brevity. Although his writings on medicine are famously verbose and numerous, for centuries they constituted much of the standard syllabi for medical students. About fourteen hundred years ago, one or possibly several professors put together a series of epitomes of Galen’s work. In contrast to Galen’s rambling and argumentative style, these epitomes present the material dryly but clearly, offering systematic categorizations of concepts, symptoms, diseases, and organs. Originally written in Greek, The Alexandrian Epitomes of Galen can also be found in Arabic and Hebrew translations, and the epitomes have had …

Hi/Lo Books: Making Struggling Readers Stronger?, Catherine Crosby

The Utah English Journal

For the last two years I've taught an eighth grade reading intervention class to struggling readers who mostly hate reading and only open a book if a teacher or a parent makes them. Students in this age group should be reading in the 925 to 1185 Lexile range, but in our school, students in Reading SA range from 300 to 900 Lexile. They can graduate out mid-year if they can bring their Lexile score up to 1050, and while this motivates some students, others have had such negative reading experiences that they have given up on reading. The books written …

Full Issue

BYU Studies

No abstract provided.

In Situ Longitudinal Pre-Stretch In The Human Femoropopliteal Artery, Alexey Kamenskiy, Andreas Seas, Grant Bowen, Paul Deegan, Anastasia Desyatova, Nick Bohlim, William Poulson, Jason N. Mactaggart

Department of Mechanical and Materials Engineering: Faculty Publications

In situ longitudinal (axial) pre-stretch (LPS) plays a fundamental role in the mechanics of the femoropopliteal artery (FPA). It conserves energy during pulsation and prevents buckling of the artery during limb movement. We investigated how LPS is affected by demographics and risk factors, and how these patient characteristics associate with the structural and physiologic features of the FPA. LPS was measured in n=148 fresh human FPAs (14–80 years old). Mechanical properties were characterized with biaxial extension and histopathological characteristics were quantified with Verhoeff-Van Gieson Staining. Constitutive modeling was used to calculate physiological stresses and stretches which were then analyzed …

Institutional Assessment Report, 2015, University Of Montana--Missoula. Office Of The Provost

University of Montana Planning and Assessment Reports, 1969-2016

The University of Montana 2015 Institutional Assessment Report, issued by the Office of the Provost.

Blast-Induced Mild Traumatic Brain Injury Through Ear Canal: A Finite Element Study, Praveen Akula, Yi Hua, Linxia Gu

Department of Mechanical and Materials Engineering: Faculty Publications

Purpose The role of ear canal in transmitting blast waves to the brain is not clear. The goal of this work is to characterize the influence of ear canal on blast-induced mild traumatic brain injury through a computational approach.

Methods A three-dimensional human head model with single-side ear canal details was reconstructed from computed tomography images. The ear canal was positioned either facing the incident blast wave or facing away from the blast wave.

Results The blast wave-head interaction has demonstrated that the overpressure within the ear canal was substantially amplified when the ear directly faced the blast wave. When …

Narrative Fortresses: Crisis Narratives And Conflict In The Conservation Of Mount Gorongosa, Mozambique, Christy Schuetze

Sociology & Anthropology Faculty Works

A single narrative about the Gorongosa Restoration Project (GRP) in Mozambique circulates widely in the popular media. This story characterises the project as an innovative intervention into an ecological crisis situation. The narrative hails the project's aim to use profits from tourism to address the goals of both human development and conservation of biodiversity, and portrays the park project as widely embraced by long-term residents. This representation helps the project attract broad acclaim, donor funding, and socially conscious visitors, yet it obscures the early emergence of unified opposition to the project's interventions among long-term residents of Gorongosa Mountain. This article …