Digital Commons Network^™

When Extrinsic Incentives Displace Intrinsic Motivation: Designing Legal Carrots And Sticks To Confront The Challenge Of Motivational Crowding-Out, Kristen Underhill

Faculty Scholarship

The rise of “nudges” has inspired countless efforts to encourage individual choices that maximize personal and collective welfare, with a preference for less restrictive tools such as setting default options or reordering choice sets. As part of this trend, there has been renewed interest in the behavioral impacts of incentives – namely, rewards or penalties for shaping individual choices, including but not limited to financial incentives. Explicit incentives are pervasive in the law, including carrots offered by governments (for example, tax deductions for charitable contributions, rebates for recycling, sentence reductions for prisoners who complete drug rehabilitation programs, and incentives for …

Building Labor's Constitution, Kate Andrias

Faculty Scholarship

This essay begins with a puzzle: scholars have built a robust set of constitutional claims about labor rights, claims with deep roots in the labor movement’s own past struggles and its own traditions of constitutional claim-making. Yet, workers’ movements today have made no use of these claims, Andrias reports. The reason, she suggests, has to do with the deep mutual hostility between workers’ movements and the courts. If past were prologue, workers could at least use such arguments outside the courts, but, she argues, “in our [contemporary] legal culture, constitutional arguments are primarily judicial arguments,” and have a way of …

Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah S. Purdy

Faculty Scholarship

Fishkin and Forbath’s (F&F’s) manuscript is a project of recovery. It portrays the present as a time marked by a “Great Forgetting” of a tradition of constitutional political economy. F&F name what has been forgotten the “democracy of opportunity” tradition. Recovering it would mean again treating the following three principles as linked elements at the core of our Constitution: (1) an anti-oligarchy principle that works to prevent wealth from producing grossly unequal political power; (2) a commitment to a broad middle class with secure, respected work; and (3) a principle of inclusion that opens participation in both citizenship and the …

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, …

The Folklore And Symbolism Of Authorship In American Copyright Law, Shyamkrishna Balganesh

Faculty Scholarship

Despite its formal commitment to “authorship,” American copyright law pays surprisingly little doctrinal attention to understanding the concept. Originality, taken to be modern copyright law’s proxy for authorship, has come to assume a life of its own, with little regard to the system’s supposed ideals of authorship. What role then does authorship play in modern American copyright law? This Article argues that authorship is best understood as a form of folklore and symbolism in copyright law. Drawing on the anthropological strand of Legal Realism advanced and developed by Thurman Arnold, the Article argues that authorship serves an important symbolic purpose …

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.

Preparing Clients For Climate Change, Michael B. Gerrard

Faculty Scholarship

The United Nations Climate Change Conference in Paris in December 2015 was rightly hailed as a diplomatic triumph. After years of preparation and two weeks of hard bargaining, 195 nations agreed on a framework for reducing greenhouse gas (GHG) emissions and heading off the worst impacts of climate change. Two implications of the Paris agreement were less heralded:

1. If nations (including the United States) fulfill the voluntary pledges they made, they will embark on a massive transition away from fossil fuels and toward clean energy, including programs of unprecedented magnitude to build renewable energy facilities.
2. Even if all nations do …

The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh

Faculty Scholarship

This chapter examines the relationship between private law and constitutional law in India, with particular emphasis on tort law. It considers the Indian Supreme Court’s expansion of its fundamental rights jurisprudence over the past thirty years, as well as its effort to transcend the public law/private law divide. It also explains how the Court’s fusion of constitutional law and tort law has affected the independent efficacy, normativity, and analytical basis of equivalent private law claims in India. It argues that the Court’s efforts have only undermined the overall legitimacy of private law mechanisms in the country, and that this phenomenon …

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 …

#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor

Faculty Scholarship

Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …

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 …

The Impact Of Faculty Status And Gender On Employee Well-Being In Academic Libraries, Quinn Galbraith, Leanna Fry, Melissa Garrison

Faculty Publications

This study measures job satisfaction, personal fulfillment, work/life balance, and stress levels of male and female librarians. Researchers surveyed 719 librarians at ARL institutions that either offer faculty status and tenure or offer neither. Females at libraries offering faculty status indicated poor work/life balance and high levels of stress compared to male colleagues and female librarians without faculty status; however, their reported job satisfaction was similar. Possible implications of the results are discussed.

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 …

Calculating The Observable Properties Of Mass Accreting Black Holes, Heather Lee

Undergraduate Research Symposium Posters

My goal is to generalize Chandrasekhar’s formulas to include partial Rayleigh Scattering. In my summer research, I successfully recalculated key tables and solutions from his book and I am working in generalizing his results for use in an infinitely deep electron atmosphere. Here, I will summarize how Chandrasekhar derived his formulas and how to potentially generalize them to include absorption.

The Ten Tribes Of Wier In America - Accession 715 No. 6, Family History - Wier Family, William Swansea Wier

Manuscript Collection

The Ten Tribes of Wier in America was compiled and printed by William Swansea Wier in Atlanta, Georgia in 1933. The book covers the family and descendants of Thomas and Mary Withrow Wier from the 1700s through 1933. They eventually settled in Greenwood, S.C. There are handwritten notes in the book presumably added by the author. Other surnames found in the volume include: Blake, Britt, Dunbar, Gregg, Peden, McDill, McDowell, Mull, and Scott. The book includes photographs and a folding generational chart. Please see the attached document.

Arnold Michael Shankman Papers - Accession 259, Arnold Michael Shankman

Manuscript Collection

The Arnold Shankman Papers are a treasure trove of historical research in a variety of areas. Within the American Civil War era, Shankman had extensively researched the “copperhead” movement of northern opposition to the war and was an expert on one of its leading members, Clement Vallandigham. Pursuing his interest in ethnic history, Dr. Shankman was a pioneer in the study of how ethnic and immigrant groups viewed each other. For example, he was one of the first to use early African-American newspapers to determine the views of blacks toward Italian immigrants and other groups. Shankman also was singularly instrumental …

Nathaniel Gist Gee Papers - Accession 395, Nathaniel Gist Gee

Manuscript Collection

The Nathaniel Gist Gee Papers consist of various papers concerning Gee’s years in China including correspondence, reports, newspaper and magazine clippings, Chinese poetry, statistics, manifestos, statements, his professional papers concerned primarily with freshwater sponges, and professional papers and publications he collected that chronicle China’s growth. Many of the records are concerned with China’s political and social changes including China’s Nationalist and Student Movements during Gee’s stay in China.

Nathaniel Gist Gee (1876-1937), born in Union, SC, was a professor of Natural Science at Soochow University and Yenching University in China from 1901-1932.

Woman's Club Of Rock Hill Records - Accession 219, Woman's Club Of Rock Hill

Manuscript Collection

The Woman's Club of Rock Hill's mission is to further the cultural, educational, and social interest of its members and to promote interest in Rock Hill’s civic development and welfare. The Woman's Club of Rock Hill Records consist of constitutions and bylaws, histories, minutes, reports, correspondence, memoranda, program notes, brochures, newsletters, membership lists, yearbooks, questions, certificates, awards, scrapbooks, newspaper clippings, and photographs. The records also relate to the thirteen affiliated clubs comprising the Woman’s Club of Rock Hill: Amateur Arts, Arts Appreciation, Book Discussion, Book Lovers, Crafts, Hearthstone, Hermitage, Home Study, Lantern, Literary, Outlook, Palmetto, and Politeia, and to other …

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

Single-Particle Imaging Reveals Intraflagellar Transport–Independent Transport And Accumulation Of Eb1 In Chlamydomonas Flagella, J. Aaron Harris, Yi Liu, Pinfen Yang, Peter Kner, Karl F. Lechtreck

Biological Sciences Faculty Research and Publications

The microtubule (MT) plus-end tracking protein EB1 is present at the tips of cilia and flagella; end-binding protein 1 (EB1) remains at the tip during flagellar shortening and in the absence of intraflagellar transport (IFT), the predominant protein transport system in flagella. To investigate how EB1 accumulates at the flagellar tip, we used in vivo imaging of fluorescent protein–tagged EB1 (EB1-FP) in Chlamydomonas reinhardtii. After photobleaching, the EB1 signal at the flagellar tip recovered within minutes, indicating an exchange with unbleached EB1 entering the flagella from the cell body. EB1 moved independent of IFT trains, and EB1-FP recovery did …

Copper Oxide Nanoparticles Inhibit The Metabolic Activity Of Saccharomyces Cerevisiae , Michael Joseph Mashock, Anthony D. Kappell, Nadia Hallaj, Krassimira R. Hristova

Biological Sciences Faculty Research and Publications

Copper oxide nanoparticles (CuO NPs) are used increasingly in industrial applications and consumer products and thus may pose risk to human and environmental health. The interaction of CuO NPs with complex media and the impact on cell metabolism when exposed to sublethal concentrations are largely unknown. In the present study, the short-term effects of 2 different sized manufactured CuO NPs on metabolic activity of Saccharomyces cerevisiae were studied. The role of released Cu²⁺ during dissolution of NPs in the growth media and the CuO nanostructure were considered. Characterization showed that the 28 nm and 64 nm CuO NPs used …

A Reply To Verbeeck And Kearsley: Addressing The Challenges Of Including Lianas In Global Vegetation Models, Stefan A. Schnitzer, Geertje M. F. Van Der Heijden, Jennifer S. Powers

Biological Sciences Faculty Research and Publications

Verbeeck and Kearsley (1) rightfully point out that global vegetation models would greatly benefit from implicitly including the effects of lianas. Recent experimental evidence that lianas substantially reduce the capacity of tropical forests to uptake and store carbon is compelling (2, 3). Furthermore, lianas are increasing relative to trees rapidly in many neotropical forests (4), which will further change the way that forests uptake, cycle, and store carbon.

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.

Myc-Binding Protein Orthologue Interacts With Akap240 In The Central Pair Apparatus Of The Chlamydomonas Flagella, Venkatramanan G. Rao, Ruhi B. Sarafdar, Twinkle S. Chowdhury, Priyanka Sivadas, Pinfen Yang, Prabhakar M. Dongre, Jacinta S. D'Souza

Biological Sciences Faculty Research and Publications

Background

Flagella and cilia are fine thread-like organelles protruding from cells that harbour them. The typical ‘9 + 2’ cilia confer motility on these cells. Although the mechanistic details of motility remain elusive, the dynein-driven motility is regulated by various kinases and phosphatases. A-kinase anchoring proteins (AKAPs) are scaffolds that bind to a variety of such proteins. Usually, they are known to possess a dedicated domain that in vitro interacts with the regulatory subunits (RI and RII) present in the cAMP-dependent protein kinase (PKA) holoenzyme. These subunits conventionally harbour contiguous stretches of a.a. residues that reveal the presence of the …

Cryptic Lineages And Diversification Of An Endemic Anole Lizard (Squamata, Dactyloidae) Of The Cerrado Hotspot, Carlos E. Guarnizo, Fernanda P. Werneck, Lilian G. Giugliano, Marcella G. Santos, Jéssica Fenker, Lucas Sousa, Annelise B. D;Angiolella, Adriana R. Dos Santos, Christine Strussmann, Miguel T. Rodrigues, Tainá F. Dorado-Rodrigues, Tony Gamble, Guarino R. Colli

Biological Sciences Faculty Research and Publications

The Cerrado is a wide Neotropical savanna with tremendously high endemic diversity. Yet, it is not clear what the prevalent processes leading to such diversification are. We used the Cerrado-endemic lizard Norops meridionalis to investigate the main abiotic factors that promoted genetic divergence, the timings of these divergence events, and how these relate to cryptic diversity in the group. We sequenced mitochondrial and nuclear genes from 21 sites of N. meridionalis to generate species tree, divergence time estimations, and estimate species limits. We also performed population-level analysis and estimated distribution models to test the roles of niche conservatism and divergence …

Group Threat, Police Officer Diversity And The Deadly Use Of Police Force, Joscha Legewie, Jeffrey Fagan

Faculty Scholarship

Officer-involved killings and racial bias in policing are controversial political issues. Prior research indicates that (perceived) group threat related to political mobilization, economic competition, and the threat of black crime are is an important explanations for variations in police killings across cities in the United States. We argue that a diverse police force that proportionally represents the population it serves mitigates group threat and thereby reduces the number of officer-involved killings. Count models support our argument. They show that group threat is largely driven by the threat of black crime. Black-on-white homicides increase officer-involved killings of African Americans but black-on-black …

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 …