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The Institutional Margins Of Aesthetics: A Study Proposal, Jozef Kovalčik, Max Ryynänen

Contemporary Aesthetics (Journal Archive)

A considerable number of classical texts in aesthetics and cultural philosophy were originally published outside of the framework of institutionalized academic scholarship. One can begin the modern story with two loners, Nietzsche and Kierkegaard, then continue with the Frankfurt School and end the short list with the French “wave” (Blanchot, Bataille). Contemporary aesthetics benefits also from the work of thinkers like Susan Sontag and Nicolas Bourriaud, who have a huge scholarly impact but who built their careers outside academia. We intend to 1) sketch out a short historical overview of the scholars within aesthetics who could be considered to have …

Success Stories And Emerging Themes In Conservation Physiology, Christine L. Madliger, Steven J. Cooke, Erica J. Crespi, Jennifer L. Funk, Kevin R. Hultine, Kathleen E. Hunt, Jason R. Rohr, Brent J. Sinclair, Cory D. Suski, Craig K. R. Willis, Oliver P. Love

Biology, Chemistry, and Environmental Sciences Faculty Articles and Research

The potential benefits of physiology for conservation are well established and include greater specificity of management techniques, determination of cause–effect relationships, increased sensitivity of health and disturbance monitoring and greater capacity for predicting future change. While descriptions of the specific avenues in which conservation and physiology can be integrated are readily available and important to the continuing expansion of the discipline of ‘conservation physiology’, to date there has been no assessment of how the field has specifically contributed to conservation success. However, the goal of conservation physiology is to foster conservation solutions and it is therefore important to assess whether …

Measurement Of The Yb I 1S0-1P1 Transition Frequency At 399 Nm Using An Optical Frequency Comb, Michaela Kleinert, M. E. Gold Dahl, Scott D. Bergeson

Faculty Publications

We determine the frequency of the Yb I ¹S₀-¹P₁ transition at 399 nm using an optical frequency comb. Although this transition was measured previously using an optical transfer cavity [D. Das et al., Phys, Rev. A 72, 032506 (2005)], recent work has uncovered significant errors in that method. We compare our result of 751 526 533.49 ± 0.33 MHz for the ¹⁷⁴Yb isotope with those from the literature and discuss observed differences. We verify the correctness of our method by measuring the frequencies of well-known transitions in Rb and Cs, and by …

Minimum Fees For The Self-Employed: A European Response To The "Uber-Ized" Economy?, Eva Grosheide, Mark Barenberg

Faculty Scholarship

In advanced market economies in Europe and North America, a large and growing percentage of the workforce is self-employed. This group earns a contractual fee from clients, rather than a wage or salary from employers, one form of the so-called "Uberization" of the labor market. Through an analysis of the Court of Justice of the European Union's (CJEU) rulings, this Article explores whether minimum fees for the self-employed could be implemented without infringing European Union (EU) competition law. In particular, it lays out four possible legal mechanisms – what the paper dubs "U-turns" – that swerve around the social harms …

Learning To Counter Mass Incarceration, Brett Dignam

Faculty Scholarship

Limited access to education inside American prisons imposes a devastating condition of confinement that cripples both the offender and the community. The prolonged and empty time that characterizes prison today affords little mental stimulation, productive engagement, or preparation for post-release employment. Recent research and analysis has found that education during incarceration correlates with lower rates of recidivism and increases the likelihood and quality of post-release employment. There is a pronounced racially disparate dimension to these effects that are concentrated in communities where investment by the criminal justice system is extraordinarily high. Failure to provide education and the resulting higher rates …

Better Than Bankruptcy?, Andrew B. Dawson

Articles

According to many in the bankruptcy field, small business debtors are increasingly turning to state debtor-creditors laws as an alternative to federal bankruptcy relief. One particularly popular state law is the assignment for the benefit of creditors. The conventional wisdom is that these procedures provide a state law alternative to liquidate a business.

This article reports the results of an original empirical study that challenges this conventional wisdom. Gathering data from every assignment for the benefit of creditors in a major metropolitan area over a three-year period, this study shows that debtors and their secured creditors are using these procedures …

Lawyers, Power, And Strategic Expertise, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

Faculty Scholarship

The only sound in a courtroom is the hum of the ventilation system. It feels as if everyone in the room is holding their breath …. Litigants are uneasy in the courthouse, plaintiffs and defendants alike. They fidget. They keep their coats on. They clutch their sheaves of paper-rent receipts and summonses, leases and bills. You can always tell the lawyers, because they claim the front row, take off their jackets, lay out their files. It's not just their ease with the language and the process that sets them apart. They dominate the space.

This empirical study analyzes the experience …

Ask For The Moon, Settle For The Stars: What Is A Reasonable Period To Comply With Wto Awards?, Petros C. Mavroidis, Niall Meagher, Thomas J. Prusa, Tatiana Yanguas

Faculty Scholarship

The World Trade Organization (WTO) dispute settlement process allows a defending Member a “reasonable period of time” (RPT) to implement any findings that its contested measures are inconsistent with WTO law. If agreement on this RPT cannot be reached, Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides for the possibility of arbitration on the length of the RPT. The DSU provides limited guidelines on the RPT, stating only that it should not normally exceed 15 months. In practice, Arbitrators have developed the standard that the RPT should reflect the shortest possible period …

Is There Really A Sex Bureaucracy?, Suzanne B. Goldberg

Faculty Scholarship

This essay identifies several features of the higher-education context that can enrich The Sex Bureaucracy‘s account of why colleges and universities have adopted new policies and trainings to address sexual assault on their campuses. These features include: 1) schools’ preexisting systems for addressing student conduct; 2) the shared interest of schools in reducing impediments to education, including nonconsensual sexual contact; and 3) the pedagogical challenges of developing trainings that are engaging and effective. Taking these three factors into account, we can see that while federal Title IX intervention has had a profound effect, it is also important not to …

Regulating Public Offerings Of Truly New Securities: First Principles, Merritt B. Fox

Faculty Scholarship

The public offering of truly new securities involves purchases by investors in sufficient number and in small enough blocks that each purchaser’s shares can reasonably be expected to be freely tradable in a secondary market that did not exist before the offering. Increasing the ability of small and medium-sized enterprises (SMEs) to make such offerings has been the subject of much recent discussion.

At the time that a firm initially contemplates such an offering, unusually large information asymmetries exist between its insiders and potential investors. These can lead to severe adverse-selection problems that prevent a substantial portion of worthy offerings …

Effect Of The Paris Climate Agreement On U.S. Businesses, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

In December, 195 countries convened in Paris for the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change. To the surprise and delight of most of the participants, the conference ended in consensus among all the participants on a document, the Paris Agreement, that will be opened for signature on April 22, 2016. President Barack Obama has indicated that the United States will sign it. (Co-author Michael Gerrard participated in the conference.)

Maximinimalism, Jamal Greene

Faculty Scholarship

When John Roberts became Chief Justice of the United States more than a decade ago, commenters frequently described him as a minimalist. Although Chief Justice Roberts himself resisted this label, he fairly inspired it by advocating for more consensus among his colleagues and by famously recounting to a Georgetown Law Commencement audience his view that “[i]f it is not necessary to decide more to dispose of a case ... it is necessary not to decide more.” The suggestion that the Court decide significant issues one case at a time recalls the work of Cass Sunstein, the American academy’s most articulate …

A Fruitful College Campus Ministry: A Mixed-Method Case Study Of Vassar Christian Fellowship At Vassar College, Jacob T. Dunlow

Christian Perspectives in Education

Given the increased scrutiny and difficulty Christian student organizations are encountering on secular college campuses, study is needed to aid in forming a way forward for fruitful campus ministry. This article presents a case study of a student campus ministry that is currently thriving in its secular liberal arts environment. It utilized a mixed-method approach to discover seven factors that led to vibrancy for Vassar Christian Fellowship, a student ministry at Vassar College. Application is focused on campus ministries and local churches.

The United States, Richard Briffault

Faculty Scholarship

The United States is an example of how three branches of government can stall and derail reform initiatives. The judiciary in particular is central to the US experience with political finance reform, repeatedly striking down legislation on party finance, despite consensus from executive and legislative branches. The most recent Supreme Court ruling, in April 2014, struck down one of the last remaining federal regulations, on the overall campaign contribution limits for individuals. At a subnational level, the United States does, however, see significant variations in terms of regulations on the flow of money into politics at a state level. In …

Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi

Faculty Scholarship

A central question in the literature on customary international law (CIL) goes to method: what is the proper method for “finding” CIL – that is, for determining that particular norms qualify as CIL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to …

Soes And State Governance: How State-Owned Enterprises Influence China's Legal System, Zheng Lei, Benjamin L. Liebman, Curtis J. Milhaupt

Faculty Scholarship

Most of the existing literature on Chinese SOEs asks how state ownership affects their governance. This chapter turns the question on its head: How do SOEs affect state governance in China? The chapter begins by distinguishing different modes of interaction between the Party-state and SOEs. Focusing on these modes of interaction, the chapter analyzes how SOEs have influenced China’s legal system. This chapter discusses the ideological and positional advantages enjoyed by SOEs in their legal treatment, and provide an analysis of SOEs’ impact on legislation, administrative rulemaking and in particular, the courts. It concludes by exploring a key implication of …

An Introduction To Mediation For Estate Planners, Alexandra Carter

Faculty Scholarship

Mediation is a voluntary, informal, and confidential discussion in which a neutral facilitator assists two or more parties toward achieving a resolution of the conflict existing between them. As a conflict resolution tool, mediation serves a number of purposes, including providing parties the opportunity “to define and clarify issues, understand different perspectives, identify interests, explore and assess possible solutions, and reach mutually satisfactory agreements, when desired.”

Mediation is a flexible process, and so there can be as many “types” of mediations as there are parties and conflicts. For example, the definition of mediation is broad enough to include a dispute …

Does International Human Rights Law In African Courts Make A Difference, Daniel Abebe

Faculty Scholarship

Is international human rights law effective in Africa? Extant studies assess effectiveness fry focusing on the potential of individual African regional and sub-regional courts to promote human rights and influence domestic actors. However, few if any studies actually evaluate the entire human rights jurisprudence of the five major African courts with jurisdiction to hear human rights claims. In this Article, I examine the entire human rights caseload of these courts from 1988 through 2015 along four important dimensions of effectiveness: (1) court structure; (2) volume of cases; (3) compliance rate; and (4) funding and independence. The Article finds that African …

Online Self-Testing Resources Prepared By Peer Tutors As A Formative Assessment Tool In Pharmacology Courses, Melinda E. Lull, Jennifer Mathews

Pharmacy Faculty/Staff Publications

Objective. To assess the effectiveness of optional online quizzes written by peer tutors in a pharmacology course for doctor of pharmacy students.

Methods. Online quizzes were written by peer tutors for second-year pharmacy students. Quizzes reflected the material taught during lecture and were in a format similar to that of the examinations. Data related to performance on each quiz and each examination were collected throughout the semester. At the end of the semester, students and peer tutors were surveyed to gather information on the utility and success of the quizzes.

Results. Students taking online quizzes performed significantly better on examinations …

Forging Tomorrow's Air, Space, And Cyber War Fighters: Recommendations For Integration And Development, Mark Reith

Faculty Publications

Today’s Airmen operate in contested environments, and years of technical-data spillage, coupled with policies emphasizing commercial-off-the-shelf acquisition, ensure that the immediate future will remain contested as our adversaries seek to exploit level playing fields. Long gone are the days of Operation Desert Storm and Enduring Freedom when air superiority dominated and the supporting elements of space, communications, and computers were largely out of reach for many nation-states. Since then, technology has become ubiquitously intertwined in weapon systems and today largely turns the gears of warfare, allowing a range of actors to erode national instruments of power.

Exploring Professional Development For Missouri City Police Department Sergeants, Keith Jemison

All Capstone Projects

The purpose of this project was to explore creation of an organizational development program that prepares potential mid-level managerial candidates to effectively assume the responsibilities associated with the rank of Sergeant in the Missouri City Police Department (MCPD). To that end, the researcher sought to identify the Knowledge, Skills, Abilities (KSA) and/or resources, if any, perceived by internal stakeholders, more specifically holding the rank of Sergeant as well as those who supervise those holding the rank of Sergeant, to be beneficial to potential candidates who want to assume the responsibilities of the position or to those who already hold the …

Winthrop Presidential Vote Of No Confidence Papers - Accession 1530, Winthrop University, Anthony Joseph Digiorgio, William Blough, Robert M. Gorman

Manuscript Collection

The Winthrop Presidential No Confidence Controversy Papers relate to the Vote of No Confidence by Winthrop Faculty Conference of Winthrop President, Dr. Anthony DiGiorgio. The collection contains papers from the Board of Trustees, Faculty Conference meetings, evaluations of the President, problems at Winthrop, Freedom of Information Act, rumors reported, and papers from different clubs or organizations meeting at that time.

A Verified Information-Flow Architecture, Arthur Azevedo De Amorim, Nathan Collins, André Dehon, Delphine Demange, Cătălin Hriţcu, David Pichardie, Benjamin C. Pierce, Randy Pollack, Andrew Tolmach

Computer Science Faculty Publications and Presentations

SAFE is a clean-slate design for a highly secure computer system, with pervasive mechanisms for tracking and limiting information flows. At the lowest level, the SAFE hardware supports fine-grained programmable tags, with efficient and flexible propagation and combination of tags as instructions are executed. The operating system virtualizes these generic facilities to present an information-flow abstract machine that allows user programs to label sensitive data with rich confidentiality policies. We present a formal, machine-checked model of the key hardware and software mechanisms used to dynamically control information flow in SAFE and an end-to-end proof of noninterference for this model. We …

Introduction, Stefan Deines, Mario Wenning

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Philosophy With A Twist: La Rivière Du Hibou, Paisley Livingston, Trevor Ponech

Contemporary Aesthetics (Journal Archive)

This paper explores the category of films known as “twist films” in relation to distinctions between different modes of epistemic access to works. With reference to the case of Robert Enrico’s short film, La rivière du hibou (1961), the philosophical significance of different sorts of twist films is explored. Twists are also discussed in relation to emotive responses, with special attention to the paradox of suspense

"Can The Audience Want?" On The Artistic Status Of Contemporary Tv-Series, Angela Keppler

Contemporary Aesthetics (Journal Archive)

This paper takes up a question that Theodor W. Adorno posed in 1963 relating to television. The aim is to situate the new TV series, which are part of so-called Quality TV, against the backdrop of the tradition, and to analyze the forms in which the medium is being used. An inspection of pertinent sequences leads to the conclusion that the enjoyment we experience when watching these series stems from the very type of active-passive involvement that Adorno described as being essential only for objects of high culture.

Northern Utah Conventional Peach Orchard Costs And Returns, 20 Acres, 2015, Trevor Knudson, Kynda Curtis, Jennifer Reeve, Brent Black

All Current Publications

This publication contains average costs and returns for establishing and maintaining a 20-acre peach orchard in Northern Utah. Unless otherwise indicated, information in this publication is based upon grower surveys and pricing data collected in 2014. The establishment and operating costs are meant to be “representative” of a Utah peach orchard, but should be adjusted where necessary to reflect individual situations. Site selection, peach variety, pest management and other practices will also affect the establishment and operating costs of an orchard and should be considered by the producer.

Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Samuel J. Levine, Bruce A. Green

Scholarly Works

Although courts have traditionally relied primarily on prosecutors’ individual self-restraint and institutional self-regulation to curb prosecutors’ excesses and redress their wrongdoing, aspects of prosecutors’ conduct can be regulated externally as well. One potential source of external regulation is professional discipline. As lawyers, prosecutors are regulated by state courts, which oversee processes for disciplining lawyers who engage in misconduct. In responding to prosecutors’ wrongdoing, courts generally express a preference for professional discipline over civil liability, which is limited by principles of absolute and qualified immunity. Likewise, courts favor professional discipline over adjudicatory remedies such as reversal of criminal convictions or suppression …

The Oira Transparency Problem, Peter L. Strauss

Faculty Scholarship

This article critiques the opacity of the Office of Information and Regulatory Affairs (OIRA), arguing that its centralized review process allows former officials to exploit loopholes in post-employment ethics statutes and asserts that this dynamic undermines regulatory integrity and democratic accountability by allowing privileged access to influence high-stakes federal rulemakings.

Street Stops And Police Legitimacy In New York, Jeffrey Fagan, Tom Tyler, Tracey L. Meares

Faculty Scholarship

Police-initiated citizen encounters in American cities often are non-neutral events. Encounters range from routine traffic stops to police interdiction of pedestrians during their everyday movements through both residential and commercial areas to aggressive enforcement of social disorder offenses. As a crime detection and control strategy central to the “new policing,” these encounters often are unproductive and inefficient. They rarely result in arrest or seizure of contraband, and often provoke ill will between citizens and legal authorities that discourages citizen cooperation with police and compliance with law. In this chapter, we describe the range of potentially adverse reactions or harms that …