Digital Commons Network^™

A Response To Professor Rascoff's Presidential Intelligence, Philip C. Bobbitt

Faculty Scholarship

Professor Samuel Rascoff’s Presidential Intelligence reflects both the conceptual and research strengths of the author, which are formidable, and the practical difficulties of intelligence reform, which are no less so. Rascoff is certainly right that to be effective – in the still-unfolding constitutional environment that must contend with terror groups armed with unprecedented weapons and communications technology – the intelligence community (IC) must act within the law and the rules governing that community must be reformed to make this possible. He is inclined to believe that the answer lies in heightened presidential management. I’m not so sure. The actual presidential …

Coming Into The Anthropocene, Jedediah S. Purdy

Faculty Scholarship

Cannon’s debut book, Environment in the Balance, sets itself an ambitious task: to overcome this division by showing that environmental law, much as it may appear dry and dull, is deeply infused with conflicts over values. Cannon’s project is to reveal the green ghost in the gray machine, the soul of disagreement that lends shape to arguments that may otherwise seem aridly technical. He does this by carefully reading thirty major Supreme Court decisions in environmental law and teasing out the differences in worldview that animate the Justices’ reasoning – divisions that are not simply over abstract legal questions, …

Corporate Governance Changes As A Signal: Contextualizing The Performance Link, Merritt B. Fox, Ronald J. Gilson, Darius Palia

Faculty Scholarship

Promoting “good” corporate governance has become an important concern. One result has been the creation of indexes that purport to measure the quality of a firm’s corporate governance structure. Prior scholarship reports a positive relationship between firms with good corporate governance index ratings and stock-price-based measures of a firm’s ability to create share value, such as Tobin’s Q. Little work, however, explores why we observe this relationship.

We hypothesize one reason for the relationship is that a rating-altering change in corporate governance structure can be a signal concerning the quality of a firm’s management. Changes in governance structures that result …

Constructions Of Arbitration’S Informalism: Autonomy, Efficiency, And Justice, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro Aragaki

Faculty Scholarship

In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs. In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to autonomy, it is at …

"Courts Have Twisted Themselves Into Knots": Us Copyright Protection For Applied Art, Jane C. Ginsburg

Faculty Scholarship

In copyright law, the marriage of beauty and utility often proves fraught. Domestic and international law makers have struggled to determine whether, and to what extent, copyright should cover works that are both artistic and functional. The U.S. Copyright Act protects a work of applied art "only if, and only to the extent that, its design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." While the policy goal to separate the aesthetic from the functional is clear, courts' application of the statutory "separability" …

The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz

Scholarship@WashULaw

This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …

Value And The Weight Of Practical Reasons, Joseph Raz

Faculty Scholarship

Assuming that the value of options (actions, activities, or omissions) constitutes the proximate reason for pursuing them, this chapter considers whether we have reason to promote or maximise value. A proper argument would require establishing a negative, but raising doubts is less demanding — explaining some aspects of the relation between values and reasons that enable us to dispense with the doubtful thesis by illustrating alternative relations between values and reasons. Theses that value should be promoted are accompanied by a way of determining the strength of reasons (the stronger reason promotes more value). This chapter develops theoretical doubts about …

Silence, Confessions, And The New Accuracy Imperative, Lisa Kern Griffin

Duke Law Journal

Silence is both overpriced and underrated. This Article assesses the status of silence in light of renewed attention to reliability in criminal procedure. First, it considers the meaning of silence, both outside of the criminal justice process and within it. The Article then describes how silence can safeguard the context of confessions by making space for suspects to choose or reject engagement while shielding the content of statements from government manipulation. This account seeks to advance the discussion about protecting silence beyond the debate as to whether it advantages the innocent or the guilty. Empirical developments concerning wrongful convictions establish …

Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan

Faculty Scholarship

No abstract provided.

The Effectiveness Of A Computer-Based Program On The Reading Performance Of Fourth-Grade Students, Latonya L. Cooper

Theses and Dissertations

The intent of this applied dissertation was to determine whether a reading intervention of a computer-based program would increase the reading comprehension and vocabulary skills of students in fourth grade in a Title I elementary school. Although the No Child Left Behind Act (NCLB) covers various federal education programs, the law’s requirements for testing, accountability, and school improvement receive the most attention. NCLB requires states to test students in reading and mathematics annually in Grades 3-8 and once in Grades 10-12. Schools must test students in science once in Grades 3-5, 6-8, and 10-12. Individual schools, school districts, and states …

A Bacterial Quorum-Sensing Precursor Induces Mortality In The Marine Coccolithophore, Emiliania Huxleyi, Elizabeth L. Harvey, Robert W. Deering, David C. Rowley, Kristen E. Whalen

Biology Faculty Scholarship

No abstract provided.

Abortion, Informed Consent, And Regulatory Spillover, Katherine Shaw, Alex Stein

Articles

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.

This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …

Thirtieth Annual Bibliography 2016 (Contemporary German Literature Collection), Brian Vetruba, Paul Michael Lützeler

WashU Libraries Publications

The 30th bibliography for 660 volumes added to Washington University Libraries' Contemporary German Literature Collection. All published in 2016, these acquisitions include novels, poetry, short story collections, essays, autobiographical works, and literary and cultural periodicals from publishers in Germany, Austria, and Switzerland. Organized by author or editor, the bibliography includes local call numbers as well as subject and genre descriptors. This Collection serves as the research arm for the Department of Germanic Languages and Literature's Max Kade Center for Contemporary German Literature. A bibliography of items added the previous year is compiled each year by Washington University's Department of Germanic …

The Guise Of The Bad, Joseph Raz

Faculty Scholarship

My topic is the possibility of acting in the belief that the action is bad and for the reason that it is, as the agent believes, bad. On route, I examine another question – namely whether agents can, without having any relevant false beliefs, perform actions motivated by the badness of those actions. The main worry is the compatibility of action for the sake of the bad with the thesis of the Guise of the Good (roughly that actions undertaken with an intention to perform them are undertaken because they are, as the agents see things, good in some respects). …

The New Nature, Jedediah S. Purdy, Jo Guildi, Jairus Grove, Robert Paarlberg, Andreas Malm, David Keith, Anna Tsing, Ugo Mattei, Vandana Shiva, Paul Waldau, Roy Scranton

Faculty Scholarship

First came the insight that politics was not an outgrowth of organic hierarchy or divine ordination but instead an artifice – an architecture of power planned only by human beings. [...] was the recognition that economic order does not arise from providential design, natural rights to property and contract, or a grammar of cooperation inherent, like language, in the human mind. First is the Anthropocene condition: the massive increase in human impacts on everything from the upper atmosphere to the deep sea and the DNA of the world's species. [...] closely related, is the movement's interest not just in the …

The Equipoise Effect, Bert Huang

Faculty Scholarship

This Essay explores an overlooked way to use the remedy of disgorgement in torts, contracts, and regulation. It begins with a reminder that disgorging net gains does not force the liable actor to take a loss; by definition, it allows him to break even. As a matter of incentives, it places him in a sort of equipoise. This equipoise effect has a logical upshot that might seem counterintuitive: Substituting disgorgement for any other remedy, part of the time, can emulate the incentive effect of using that other remedy all of the time.

In theory, then, courts or regulators can sometimes …

The First Year: The Role Of A Modern Lender Of Last Resort, Kathryn Judge

Faculty Scholarship

Insufficient liquidity can trigger fire sales and wreak havoc on a financial system. To address these challenges, the Federal Reserve (the Fed) and other central banks have long had the authority to provide financial institutions liquidity when market-based sources run dry. Yet, liquidity injections sometimes fail to quell market dysfunction. When liquidity shortages persist, they are often symptoms of deeper problems plaguing the financial system.

This Essay shows that continually pumping new liquidity into a financial system in the midst of a persistent liquidity shortage may increase the fragility of the system and, on its own, is unlikely to resolve …

Seeking Baselines For Negative Authority: Constitutional And Rule-Of-Law Arguments Over Nonenforcement And Waiver, Zachary S. Price

Faculty Scholarship

No abstract provided.

Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory Little

Faculty Scholarship

No abstract provided.

Law Enforcement As Political Question, Zachary S. Price

Faculty Scholarship

No abstract provided.

Gatekeeping Science: Using The Structure Of Scientific Research To Distinguish Between Admissibility And Weight In Expert Testimony, David L. Faigman, Christopher Slobogin, John Monahan

Faculty Scholarship

No abstract provided.

Perceptions Of The Curriculum For Agricultural Science Education (Case) As Perceived By Agricultural Educators., Lauren Irene Devine

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to determine the perceptions of educators using the CASE curriculum related to the lesson plans, materials and overall courses in the curriculum. The research was also aimed to determine the perceptions of educators on the CASE curriculum as it relates to the total agricultural education model and the attitudes of students' views of the CASE curriculum as perceived by their teachers. The population for this study was 1,021 agricultural educators across the United States who have been trained in CASE and are currently teaching in a high school classroom. The researcher conducted a descriptive …

Microbial Dynamics Within Shed Mucosal Secretions Of Hirudo Verbana, The European Medicinal Leech, Brittany Maree Ott

Graduate Theses, Dissertations, and Problem Reports (ETD)

Microbes are widespread throughout our planet, residing in soils, oceans, and even beneath the arctic glaciers. Most interact with each other and other life forms, and there is no known complex organism that lacks an associated microbiome. These microbial symbionts are critical to the survival and proliferation of their host by assisting in nutrient provisioning, physiological development, immunological priming, providing protection from pathogens, contributing to predator evasion, etc. As such, the transmission of these symbionts is a crucial aspect of host biology. Despite a growing appreciation for the prevalence of mixed transmission (incorporating vertical, or from a parental route, and …

A Qualitative Investigation Of Completed And Averted School Shootings: Deciphering The Characteristics That Prevent School Shootings, Jonathan Page

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to explore the differences between completed school shootings and averted school shootings in order to gain a better understanding of ways to prevent school shootings. The following research question guided this study: What are the similarities and differences between schools in which a shooting occurred and schools in which a shooting was averted? To answer this question, this study compared school shootings and averted school shootings in K-12 schools between January 2007 and December 2013, searching for general themes to analyze in order to add to the literature on averted school shootings. This study …

Hollow Men: Colonial Forms, Irish Subjects, And The Great Famine In Modernist Literature, 1890-1930, Aaron Matthew Percich

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation traces the impact and influence of Ireland's Great Famine (145-1852) on the formal developments of Irish and British modernism. The Famine is arguably the founding event for colonial Ireland's entry into modernity. This forceful event and forced legacy allows us to rethink modernism's developmental trajectory; rather than a movement deriving out of metropolitan experimentation, I argue for modernism's colonial roots. Colonial events like the Famine or what I term colonial atrocities are marked by mass death and cultural degradation, and further facilitated by the technological, ideological, and exploitative practices deriving from modernity. Representative practices that arise in response …

The Influence Of Religion On The Marketing Concept: A Case Of Halal Culture, Soleman Mozammel, Perry Haan

AMTP Proceedings 2016

Religion is a major cultural variable that can affect the purchase behavior of consumers. This non-empirical paper examines how the Muslim concept of Halal influences consumers in the Middle East and Muslims all over the world. The paper reviews brief history of the marketing concept and consumer behavior. It then explains the role that cultural generally plays in the consumer decision making and marketing concept. The paper explains the basic concepts behind Halal culture. The paper makes recommendations to marketers for how to reach consumers who seek products that are Halal certified and Shariah-compliant. It also discusses how to compete …

Immunological Response To Haemonchus Contortus Antigen In Peripheral Blood Mononuclear Cells Of Parasite Resistant And Susceptible Sheep, Jesica Rae Jacobs

Graduate Theses, Dissertations, and Problem Reports (ETD)

Parasitism by Haemonchus contortus is the greatest concern of sheep producers and results in billions of dollars in economic loss each year. St. Croix hair sheep are naturally resistant to H. contortus infection, but have body characteristics which are unfavorable for production. Resistance to H. contortus is immune mediated; characterized by a T helper type 2 (Th2) response, however the mechanism of the development of immune response is not known. In these studies, immunological responses of parasite resistant St. Croix sheep and Suffolk sheep peripheral blood mononuclear cells (PBMC) are evaluated in response to H. contortus antigens. Three uninfected H. …

Potential Biomarkers To Predict Fertility In Dairy Cattle, Melissa Jill Wise

Graduate Theses, Dissertations, and Problem Reports (ETD)

The aim of this study was to use leukocyte counts and haptoglobin concentrations in blood, milk, and uterine luminal secretion as biomarkers of health status and to associate those biomarkers and milk yield with reproductive success in dairy cattle. The study used a commercial dairy milking three times daily. One hundred and twenty six (25 primiparous and 101 multiparous) Holstein dairy cows were used. Reproductive success was evaluated with variables measured at three time points: [20-26 (prebreeding), 54-60 (breeding), and 90-96 (pregnancy diagnosis) days in milk (DIM)]. Variables included concentrations of leukocytes from blood, milk [measured by QScout Farm Lab …

Camas, Winter 2016-2017

Camas

Terrain I Knew / Seth Kantner -- Passengers / Terri Nichols -- No Meat / Gibson Collins -- The Summeriest Concert Ever / Brian Doyle -- It's About Being Lost / Mary Pauline Lowry -- Hunting Geese / Sarah Rau Peterson -- Road Trance / Kevin Scott Chess -- A Map of Vaughn, New Mexico / Jeffery Alfier -- We Must Not / Mackenzie Cole -- Of Elwha, Kootenai / Sam Olson -- Road Story / Abby Chew -- Global Perspective / Tom Versteeg -- Ice Out / Noelle Sullivan -- Red Wings / Tom Versteeg -- Ice Frogs / …