Digital Commons Network^™

James D. Cox, David F. Levi

Duke Law Journal

No abstract provided.

James D. Cox: The Shareholders’ Best Advocate, Randall S. Thomas, Harwell Wells

Duke Law Journal

This Article explores the historical development of the academic analysis of corporate law over the past forty years through the scholarship of one of its most influential commentators, Professor James D. Cox of the Duke University School of Law. It traces the ways in which corporate law scholarship changed from the 1970s to the present, including the rise of economic theory and empirical work in the study of corporate law. It shows how Professor Cox’s early scholarship shaped and challenged economic orthodoxy, while his later work used empirical analysis to help corporate law become a more dynamic and richer field. …

How Understanding The Nature Of Corporate Norms Can Prevent Their Destruction By Settlements, James D. Cox

Duke Law Journal

Scholars have long celebrated the importance of norms in corporate law. Indeed, norms likely guide corporate actors more than the omnipresent threat of shareholder suits. This Article divides corporate norms into two distinct groups: aspirational norms and arbiter norms. Aspirational norms announce socially desirable objectives for corporate managers and encourage certain disclosure practices; arbiter norms identify distinct transactions for closer scrutiny by an independent body, the court. This Article shows that even though aspirational norms and arbiter norms serve different objectives, they share a common characteristic—overbreadth. This feature exists whether the norm is set forth by statute or found in …

Using The False Claims Act To Remedy Tax-Expenditure Fraud, Ian Ayres, Robert Mcguire

Duke Law Journal

The federal False Claims Act (FCA) may be a tool for combating fraudulent claims regarding tax expenditures. The FCA has been used to protect the public fisc by imposing liability upon anyone who makes a false or fraudulent claim relating to an expenditure of federal funds. A substantial share of government spending is implemented through tax credits and deductions granted to individuals and entities for taking particular actions promoted by the tax code—so-called “tax expenditures.” Funds subsidized by such tax expenditures can themselves be the objects of fraud. For example, a taxpayer could be defrauded of retirement funds that the …

Adaptive Financial Regulation And Regtech: A Concept Article On Realistic Protection For Victims Of Bank Failures, Lawrence G. Baxter

Duke Law Journal

Frustrated by the seeming inability of regulators and prosecutors to hold bank executives to account for losses inflicted by their companies before, during, and since the financial crisis of 2008, some scholars have suggested that private-attorney-general suits such as class action and shareholder derivative suits might achieve better results. While a few isolated suits might be successful in cases where there is provable fraud, such remedies are no general panacea for preventing large-scale bank-inflicted losses. Large losses are nearly always the result of unforeseeable or suddenly changing economic conditions, poor business judgment, or inadequate regulatory supervision—usually a combination of all …

The Knowledge Gap In Workplace Retirement Investing And The Role Of Professional Advisors, Jill E. Fisch, Tess Wilkinson-Ryan, Kristin Firth

Duke Law Journal

The dramatic shift from traditional pension plans to participant-directed 401(k) plans has increased the obligation of individual investors to take responsibility for their own retirement planning. With this shift comes increasing evidence that investors are making poor investment decisions.

This Article seeks to uncover the reasons for poor investment decisions. We use a simulated retirement investing task and a new financial literacy index to evaluate the role of financial literacy in retirement investment decisionmaking in a group of nonexpert participants. Our results suggest that individual employees often lack the skills necessary to support the current model of participant-directed investing. We …

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

Duke Law Journal

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 …

Detecting Good Public Policy Rationales For The American Rule: A Response To The Ill-Conceived Calls For “Loser Pays” Rules, Peter Karsten, Oliver Bateman

Duke Law Journal

Several critiques have been leveled at the American Rule—that is, the rule that each party to a lawsuit should pay for its attorneys. Some claim that there were no principled justifications offered by the nineteenth-century jurists who authored the opinions marking the rule’s origins. Instead, these jurists only cited their states’ “taxable costs” statutes. Others claim that the American Rule—as well as its close relative, the contingency-fee contract—contributed to a “liability explosion” in that century. This Article offers a comprehensive examination of the origins of, rationales given for, and impact of the American Rule; then it evaluates instances in which …

“We Believe”: Omnicare, Legal Risk Disclosure And Corporate Governance, Hillary A. Sale, Donald C. Langevoort

Duke Law Journal

The Supreme Court’s decision in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund presents new challenges for boards of directors. The opinion speaks to whether and when an issuer’s statement of belief can be false or misleading other than by proof that the issuer’s genuine opinion was different from what it stated. Statements of opinion imply something about how the belief was formed, and that process implicates the role of directors as fiduciaries.

This Article uses Omnicare as a starting point for exploring and developing the interplay between disclosure, discourse, and fiduciary duties. Using the lens of corporate-discourse …

2016-12-09, Board Of Regents, Murray State University

Board of Regents Meeting Minutes

No abstract provided.

The Murray Ledger And Times, December 9, 2016, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

A Comparative Study Of Three Approaches For Enhancing Teaching Knowledge Of Dyslexia, Kayla Steltenkamp

Graduate Theses, Dissertations, and Capstones

Teachers are the foundational component of the education system. Annually, they are required to engage in professional development opportunities to expand their knowledge. Since 1985 there has been a profusion of legislative attention to the reading disability dyslexia. Included in legislation is the mandate for teacher training, but there is a lack of research on effective professional development to increase teacher knowledge of dyslexia. This study compared three models of professional development to assess their efficacy in increasing declarative knowledge of dyslexia for elementary general education teachers. The results indicated that the use of simulation training alone was less effective …

Optimal Supply Chain Configuration For The Additive Manufacturing Of Biomedical Implants, Adindu Ahurueze Emelogu

Theses and Dissertations

In this dissertation, we study two important problems related to additive manufacturing (AM). In the first part, we investigate the economic feasibility of using AM to fabricate biomedical implants at the sites of hospitals AM versus traditional manufacturing (TM). We propose a cost model to quantify the supply-chain level costs associated with the production of biomedical implants using AM technology, and formulate the problem as a two-stage stochastic programming model, which determines the number of AM facilities to be established and volume of product flow between manufacturing facilities and hospitals at a minimum cost. We use the sample average approximation …

2016-12-09, Morehead State University. Board Of Regents.

Morehead State Board of Regents Agenda Books and Meeting Minutes

Board of Regents meeting minutes for December 9, 2016.

Erratum To: Neonatal Hyperbilirubinemia In Infants With G6pd C.563c>T Variant, Bushra Moiz, Amna Nasir, Sarosh Ahmed Khan, Saleema Amin Kherani, Maqbool Qadir

Department of Pathology and Laboratory Medicine

No abstract provided.

Novel And Lost Forests In The Upper Midwestern United States, From New Estimates Of Settlement-Era Composition, Stem Density, And Biomass, Simon J. Goring, David J. Mladenoff, Charles V. Cogbill, Sydne Record, Christopher J. Paciorek, Stephen T. Jackson, Michael C. Dietze, Andria Dawson, Jaclyn Hatala Matthes, Jason S. Mclachlan, John W. Williams

Dartmouth Scholarship

EuroAmerican land-use and its legacies have transformed forest structure and composition across the United States (US). More accurate reconstructions of historical states are critical to understanding the processes governing past, current, and future forest dynamics. Here we present new gridded (8x8km) reconstructions of pre-settlement (1800s) forest composition and structure from the upper Midwestern US (Minnesota, Wisconsin, and most of Michigan), using 19th Century Public Land Survey System (PLSS), with estimates of relative composition, above-ground biomass, stem density, and basal area for 28 tree types. This mapping is more robust than past efforts, using spatially varying correction factors to accommodate sampling …

English Drama For Critical Pedagogy : Adapting Caryl Churchill’S Dramas As A Methodological Tool For Community-Engaged Theatre Workshopping In Post-Umbrella Movement Hong Kong, Hsiao Min Yu

Lingnan Theses

Tertiary-level drama is often condescendingly perceived in Hong Kong as either vocational or leisure-related, and tends to be marginalized in many – though not all – curricula as an activity for extra-curricular inter-university competition. This research aims at re-imagining Drama and Community Theatre as a critical pedagogy in promoting community culture. The aim of the research project is to strengthen the social functions of drama as community experience and as a tool for empowerment in the ‘glocal’ sociopolitical context of today. The study examines the methodology of a semi-scripted, community-engaged, theatre workshopping initiative with scenes adapted from Caryl Churchill’s plays, …

The Parthenon, December 9, 2016, Lexi Browning

The Parthenon

No abstract provided.

Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack

International Law Studies

Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …

Biopolarity: Coral Scientists Between Hope And Despair, Irus Braverman

Journal Articles

Biopolarity draws on extensive interviews with dozens of coral scientists and on my observations of the international coral reef symposium in Hawaii on June 2016 to document the oscillation of coral scientists between hope and despair in their imaginations of coral futures. At one extreme of the oscillation are catastrophic predictions of the death of corals by the mid-21st century. In this despondent narrative, corals are getting fried and nothing short of an abrupt (and unlikely) shift in how humans use fossil fuels will save them. The pessimistic trajectory of this swing of the pendulum comes replete with daunting maps, …

Life Of Worship, Ed Starkenburg

Faculty Work Comprehensive List

"Can you remember one of the last times that you allowed yourself to enter into the type of praise that David describes?"

Posting about authentic praise to God from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/prayer-of-worship/

Natural And Induced Mitochondrial Phosphate Carrier Loss: Differential Dependence Of Mitochondrial Metabolism And Dynamics And Cell Survival On The Extent Of Depletion., Erin L. Seifert, Aniko Gál, Michelle G. Acoba, Qipei Li, Lauren Anderson-Pullinger, Tünde Golenár, Cynthia Moffat, Neal Sondheimer, Steven M. Claypool, György Hajnóczky

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

The relevance of mitochondrial phosphate carrier (PiC), encoded by SLC25A3, in bioenergetics is well accepted. However, little is known about the mechanisms mediating the cellular impairments induced by pathological SLC25A3 variants. To this end, we investigated the pathogenicity of a novel compound heterozygous mutation in SLC25A3 First, each variant was modeled in yeast, revealing that substituting GSSAS for QIP within the fifth matrix loop is incompatible with survival on non-fermentable substrate, whereas the L200W variant is functionally neutral. Next, using skin fibroblasts from an individual expressing these variants and HeLa cells with varying degrees of PiC depletion, PiC loss of …

Subphonemic Sensitivity In Low Literacy Adults, Monica Y.C. Li

Master's Theses

The link between phonological abilities and reading skills has been well-established in both typical and atypical language development. However, the nature of the phonological deficits in poor readers remains a debated topic. While poor readers have been mostly assumed to have underspecified or “fuzzy” phonological representations (Tallal et al., 1998), the opposite alternative, over-specified phonological representations, has also been hypothesized (Serniclaes, 2006). To examine the two phonological hypotheses, the current study used the eye-tracking paradigm in the study of Dahan et al. (2001) to investigate individuals’ sensitivity to subphonemic information in young adults with a wide range of reading abilities. …

Victory And Poetry, Usu Symphony Orchestra, Sergio Bernal, Adam Nielson

All Music Department Programs

No abstract provided.

College Of Public Health News, Georgia Southern University

College of Public Health: News & Publications

• Georgia Southern Examines Physical Activity Levels Of Older Cancer Survivors

Political Ethics And The House Of Commons Electoral Reform Process: Four Dimensions, Craig Scott

All Papers

No abstract provided.

School Engagement Perceptions Influencing Attendance Reported By Ninth Grade Students At A High Performing Rural School, Jemmye Ann Helms

Theses and Dissertations

School attendance is a major component in the success of a student. School climate is a pivotal factor in why students come to school. The overarching goal of this research project was to determine why students at Hendersonville High School prefer to be absent and what they believe would motivate them to attend school regularly. In order to accomplish this task, quantitative and qualitative research questions were used. Quantitative 1. How do 9th grade students at Hendersonville High School rate items related to academic work and engagement on the HSSSE? 2. How do 9th grade students at Hendersonville High School …

Political Trust And Presidential Voting: A Changing Political Environment Inducing The End Of Traditional Politics In The United States, Brett Stephen Juraszek

Theses and Dissertations

Political climates are undoubtedly changing across the nation and creating volatile fluctuations of attitudes, beliefs, and behavior. In a more entertaining season of presidential primaries, both parties – Democratic and Republican – have nominees that will once again be scrutinized by many across the country. I argue the levels of scrutiny will more likely than not be enhanced to new proportions. Since a consistent reliance on media involvement and attack ads have grown immensely amongst presidential candidates, this will translate into a wider gap in party polarization and subsequently tie into the trust of American citizens. Previous scholars have shown …

Potential Of Unmanned Aerial Systems Imagery Relative To Landsat 8 Imagery In The Lower Pearl River Basin, John William Van Horn

Theses and Dissertations

Hurricane Isaac’s landfall on the coast of Louisiana spawned a hydrological research project between Mississippi State University (MSU), the Northern Gulf Institute (NGI), and the National Oceanic and Atmospheric Administration (NOAA) in the Lower Pearl River Basin (LPRB). Unmanned aerial systems data collection missions were scheduled every two months in the LPRB. This research provides a comparison between Landsat-8 imagery and corresponding UAS imagery with regards to the four remote sensing resolutions: spatial, spectral, radiometric, and temporal. Near-infrared (NIR) imagery from each platform was compared by land-water masks and statistical comparisons. A classification method known as natural breaks with Jenks …

Environmental Management System Optimization Focusing On The Waste Environmental Media In The Chemical Industry, Mesha Jones

Theses and Dissertations

The first part of this project focused on evaluating aspects of the environmental management practices of Texas chemical industries, particularly waste generation and management of the data related to these processes. The waste generation data included Texas notifications required to track wastes. The next phase consisted of characterizing industrial waste disposal methods, waste container management, and transportation including an overview of required documentation for each activity. This led to identification of issues encountered from inefficient recordkeeping, ineffective internal communication, or inadequate environmental management systems. The result of an ineffective hazardous waste data management program can be fines, damage to the …