Digital Commons Network^™

In Appreciation Of Fifty Years Of Legal Scholarship, Peter B. Rutledge

Georgia Law Review

Over fifty years, the Georgia Law Review has provided a platform for students and scholars to help shape legal discourse in the state and nation. Throughout my career as an academic and, more recently, an administrator, I have had the privilege of working with groups of individuals who have helped shape its reputation over that half-century. In this brief reflection, I thank those three groups.

Managing Cyber Risks, Kristin N. Johnson

Georgia Law Review

Cyber risks are as pervasive as the technology that facilitates their execution. The threat of cyber attacks or plots to deploy cyber weapons against critical government entities, private businesses and domestic and international infrastructure resources creates a most significant risk management concern. Pernicious,perilous and ubiquitous, cyber risks have merged as the newest risk management frontier. While the consequences of cyber attacks against individual financial institutions may be alarming, the interconnectedness of the largest financial institutions in the global economy and their shared dependence on technology render these businesses and the systems that execute their transactions shockingly vulnerable. Because of the …

'White-Collar Crime": Still Hazy After All These Years, Lucian E. Dervan, Ellen S. Podgor

Georgia Law Review

With a seventy-five year history of sociological and later legal roots, the term "white collar crime" remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term "white collar crime" skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under …

The Enduring Legacy Of Modern Efficient Market Theory After Halliburton V. John, Mark Klock

Georgia Law Review

In 1988 the U.S. Supreme Court approved the fraud on the market theory for securities trading in an efficient market thus enabling securities class action plaintiffs to establish their required reliance element of the case through a rebuttable presumption. Basic v. Levinson held that efficient markets incorporate publicly disseminated information and investors who purchased or sold securities in an efficient market therefore relied on any publicly disseminated misinformation. For more than a quarter century since Basic, the efficient market theory has sustained a barrage of assaults from commentators who object to the use of economic theory in legal decision making …

What Is (And Isn't) Healthism?, Jessica L. Roberts, Elizabeth W. Leonard

Georgia Law Review

What does it mean to discriminateon the basis of health status? Health can, of course, speak to a number of things, such as the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does not mean that considering it should be legally permissible. This Article explores when differentiating on the basis of health is acceptable- perhaps even desirable-and, by contrast, when it is normatively problematic. While we acknowledge that differentiations on the basis of health status can be …

Introduction, Rebecca H. White

Georgia Law Review

It is my pleasure, and honor, to congratulate the Georgia Law Review on its fiftieth anniversary. Throughout my 27 years on our law school's faculty, including over a decade of service as dean, I watched with pride as the Georgia Law Review grew in prestige and stature, helping to enhance the academic reputation of our law school. Each of our graduates, whether a member of the Georgia Law Review or not, benefits from having a review of its caliber. Law is an unusual academic discipline; our most sought after publication venues are student edited reviews. As academics, we put our …

The Law And Economics Of Proportionality In Discovery, Jonah B. Gelbach, Bruce H. Kobayashi

Georgia Law Review

This Article analyzes the proportionality standard in discovery. Many believe the renewed emphasis on this standard contained in the 2015 Amendments to the Federal Rules of Civil Procedure has the potential to infuse litigation practice with considerably more attention to questions related to the costs and benefits of discovery. We discuss the history and rationale of proportionality's inclusion in Rule 26, adopting an analytical framework that focuses on how costs and benefits can diverge in litigation generally, and discovery in particular. Finally, we use this framework to understand the mechanics and challenges involved in deploying the six factors included in …

Causation Actually, J. S. Dillbary

Georgia Law Review

This Article debunks the consensus that in concerted
action, concurrent causes, and alternative liability
situations, the actual causation requirement is always
missing. While courts and scholars insist that in these
cases tort law holds liable parties who clearly did not
cause the victim's harm, this Article offers a novel
approach. Using a simple model and applying it to
leading decisions, this Article shows that a party who did
not and could not even potentially injure the victim could
nevertheless be a but-for reason for the harm. The Article
also challenges claims that causation theories like
concerted action, substantial factor and …

A Most Precious Right: Equal Protection, Voter Photo Identification, And The Battle Brewing In Texas, Emily V. Cox

Georgia Law Review

On a Tuesday in November, millions of Americans show
up and cast their votes, even in the face of cynicism,
perceived futility, and disappointment with the politicians
in Washington. It is the birthright of every citizen, and
there is simply nothing more fundamentally American.
The future of this right is now uncertain in the wake of the
United States Supreme Court decisions Crawford and
Shelby County. This Note suggests finding certainty by
re-framing the current test for the constitutionality of state
voting restrictions, the Anderson-Burdick Balancing Test.
This new imagining of the current test hinges on
identifying the nature of …

Let My People Grow: Putting A Number On Strict Scrutiny In The Wake Of Holt V. Hobbs, Dana A. Schwartzenfeld

Georgia Law Review

Beards have always played an important role in human
society, especially in the religious context. One man's
beard even got him in front of the United States Supreme
Court. In Holt v. Hobbs, the Court decided that a prisoner
had a constitutional right to grow a one-half-inch beard
for religious purposes. In making the decision, the Court
made clear that the prisoner's religious interest far
outweighed any security threat that such a short beard
could pose to the prison. The Court declined to go any
further, however, in clarifying the beard length at which
the scales would begin to tip …

"Their Shadows Still Walk With Us": Mapping A Decolonial Cartography Of Struggle With Ingrid Washinawatok El-Issa, Sandra Álvarez

Political Science Faculty Articles and Research

This paper maps a cartography of struggle to document the dynamic, living legacy of Menominee leader Ingrid Washinawatok El-Issa and her contribution to the decolonial possibilities of transnational Indigenous feminism. I propose that mapping a cartography of struggle is a useful way for movements to consider how the past informs the present and future possibilities of resistance and decoloniality.

Este artículo traza una cartografía de las luchas que llevó a cabo la líder Menominee Ingrid Washinawatok El-Issa con el fin de documentar su legado dinámico y vivo y su contribución a las posibilidades decoloniales del feminismo indígena transnacional. Propongo la …

Reliability Generalization Of The Multigroup Ethnic Identity Measure- Revised (Meim-R), Timothy B. Smith, Hayley Marie Herrington, Erin Feinauer, Derek Griner

Faculty Publications

Individuals’ strength of ethnic identity has been linked with multiple positive indicators, including academic achievement and overall psychological well-being. The measure researchers use most often to assess ethnic identity, the Multigroup Ethnic Identity Measure (MEIM), underwent substantial revision in 2007. To inform scholars investigating ethnic identity, a reliability generalization analysis was performed on data from the revised version (MEIM–R) and compared with data from the original MEIM. Random-effects weighted models evaluated internal consistency coefficients (Cronbach’s alpha). Reliability coefficients for the MEIM–R averaged α = .88 across 37 samples, a statistically significant increase over the average of α = .84 for …

Early Christianity, Gaye Strathearn

Faculty Publications

As Jesus stood on the Mount of Olives at the end of his forty-day resurrected ministry, he directed his apostles to be witnesses “in Jerusalem, in all Judea and Samaria, and to the ends of the earth” (Acts 1:8; see also Matthew 28:19–20). In giving this direction, he rescinded the command he gave when he first called them to “Go nowhere among the Gentiles, and enter no town of the Samaritans” (Matthew 10:5). The shift in emphasis and direction brought significant challenges for the fledgling church. It is in the church’s response to meet those challenges that we see many …

Asymptotic And Optimal Liouville Properties For Wolff Type Integral Systems, John Villavert

School of Mathematical & Statistical Sciences Faculty Publications

This article examines the properties of positive solutions to fully nonlinear systems of integral equations involving Hardy and Wolff potentials. The first part of the paper establishes an optimal existence result and a Liouville type theorem for the integral systems. Then, the second part examines the decay rates of positive bound states at infinity. In particular, a complete characterization of the asymptotic properties of bounded and decaying solutions is given by showing that such solutions vanish at infinity with two principle rates: the slow decay rates and the fast decay rates. In fact, the two rates can be fully distinguished …

Stability Analysis And Hopf Bifurcation Of Density-Dependent Predator-Prey Systems With Beddington-Deangelis Functional Response, Xin Jiang, Zhikun She, Zhaosheng Feng

School of Mathematical & Statistical Sciences Faculty Publications

In this article, we study a density-dependent predator-prey system with the Beddington-DeAngelis functional response for stability and Hopf bifurcation under certain parametric conditions. We start with the condition of the existence of the unique positive equilibrium, and provide two sufficient conditions for its local stability by the Lyapunov function method and the Routh-Hurwitz criterion, respectively. Then, we establish sufficient conditions for the global stability of the positive equilibrium by proving the non-existence of closed orbits in the first quadrant R²+. Afterwards, we analyze the Hopf bifurcation geometrically by exploring the monotonic property of the trace of the Jacobean matrix with …

The Effect Of Ignoring Statistical Interactions In Regression Analyses Conducted In Epidemiologic Studies: An Example With Survival Analysis Using Cox Proportional Hazards Regression Model, Kristina Vatcheva, Joseph B. Mccormick, Mohammad H. Rahbar

School of Mathematical & Statistical Sciences Faculty Publications

Objective: To demonstrate the adverse impact of ignoring statistical interactions in regression models used in epidemiologic studies.

Study design and setting: Based on different scenarios that involved known values for coefficient of the interaction term in Cox regression models we generated 1000 samples of size 600 each. The simulated samples and a real life data set from the Cameron County Hispanic Cohort were used to evaluate the effect of ignoring statistical interactions in these models.

Results: Compared to correctly specified Cox regression models with interaction terms, misspecified models without interaction terms resulted in up to 8.95 fold bias in estimated …

The Complete Classification Of Five-Dimensional Dirichlet–Voronoi Polyhedra Of Translational Lattices, Mathieu Dutour Sikiric, Alexey Garber, Achill Schürmann, Clara Waldmann

School of Mathematical & Statistical Sciences Faculty Publications

This paper reports on the full classification of Dirichlet–Voronoi polyhedra and Delaunay subdivisions of five-dimensional translational lattices. A complete list is obtained of 110 244 affine types (L-types) of Delaunay subdivisions and it turns out that they are all combinatorially inequivalent, giving the same number of combinatorial types of Dirichlet–Voronoi polyhedra. Using a refinement of corresponding secondary cones, 181 394 contraction types are obtained. The paper gives details of the computer-assisted enumeration, which was verified by three independent implementations and a topological mass formula check.

Joseph Smith's First Vision And A Culture Of Spiritual Manifestations, Trevan Hatch

Faculty Publications

The purpose of this chapter is not to recount and analyze Joseph Smith's First Vision, as others have already attempted that several times. Rather, it is to juxtapose the First Vision with accounts of other visionaries in the eighteenth and nineteenth centuries and to discuss the religious atmosphere in which these visionaries lived.

Metabolic Health Has Greater Impact On Diabetes Than Simple Overweight/Obesity In Mexican Americans, Shenghui Wu, Susan P. Fisher-Hoch, Belinda M. Reininger, Kristina Vatcheva, Joseph B. Mccormick

School of Mathematical & Statistical Sciences Faculty Publications

To compare the risk for diabetes in each of 4 categories of metabolic health and BMI. Methods. Participants were drawn from the Cameron County Hispanic Cohort, a randomly selected Mexican American cohort in Texas on the US-Mexico border. Subjects were divided into 4 phenotypes according to metabolic health and BMI: metabolically healthy normal weight, metabolically healthy overweight/obese, metabolically unhealthy normal weight, and metabolically unhealthy overweight/obese. Metabolic health was defined as having less than 2 metabolic abnormalities. Overweight/obese status was assessed by BMI higher than 25 kg/m2. Diabetes was defined by the 2010 ADA definition or by being on a diabetic …

Hepatitis C Virus In Mexican Americans: A Population-Based Study Reveals Relatively High Prevalence And Negative Association With Diabetes, Gordon P. Watt, Kristina Vatcheva, Laura Beretta, Jen-Jung Pan, Michael Fallon, Joseph B. Mccormick, Susan P. Fisher-Hoch

School of Mathematical & Statistical Sciences Faculty Publications

This study aimed to estimate the prevalence and risk factors for hepatitis C virus (HCV) infection in Mexican Americans living in South Texas. We tested plasma for the presence of HCV antibody from the Cameron County Hispanic Cohort (CCHC), a randomized, population-based cohort in an economically disadvantaged Mexican American community on the United States/Mexico border with high rates of chronic disease. A weighted prevalence of HCV antibody of 2·3% [n = 1131, 95% confidence interval (CI) 1·2-3·4] was found. Participants with diabetes had low rates of HCV antibody (0·4%, 95% CI 0·0-0·9) and logistic regression revealed a statistically significant negative …

A Polyhedral Model Of Partitions With Bounded Differences And A Bijective Proof Of A Theorem Of Andrews, Beck, And Robbins, Felix Breuer, Brandt Kronholm

School of Mathematical & Statistical Sciences Faculty Publications

The smallest part is a rational function. This result is similar to the closely related case of partitions with fixed differences between largest and smallest parts which has recently been studied through analytic methods by Andrews, Beck, and Robbins. Our approach is geometric: We model partitions with bounded differences as lattice points in an infinite union of polyhedral cones. Surprisingly, this infinite union tiles a single simplicial cone. This construction then leads to a bijection that can be interpreted on a purely combinatorial level.

An Application Of The Spectral Theorem To The Laplacian On A Riemannian Manifold, Paul Bracken

School of Mathematical & Statistical Sciences Faculty Publications

There continues to be great interest in the study of the heat equation on Riemannian manifolds. This may be due to the remarkable more recent work of Patodi [1]. It may also be due in part to the asymptotic expansion of Minakshisundaram and Pleijel. The heat equation involves a parabolic partial differential equation that describes the distribution of heat in a given region over time. This equation has also appears in probability theory to describe random walks. The heat equation is also of importance in Riemannian geometry, topology and applied mathematics.

Listener Perceptions Of Simulated Fluent Speech In Nonfluent Aphasia, Tyson G. Harmon, Adam Jacks, Katarina L. Haley, Richard A. Faldowski

Faculty Publications

Background: People with aphasia (PWA) are frequently perceived less favorably by listeners than their peers. These perceptions include incorrect assumptions that can prevent successful social interactions. While communication partner training has been shown to improve social outcomes related to the listener (see e.g., Kagan, Black, Duchan, Simmons-Mackie, & Square, 2001), changing the verbal output of PWA may also yield more favorable listener perceptions about the speech, speaker, and their own affective response. We investigated the effects of artificially altered fluency (i.e., simulated fluency) on listeners’ subjective impressions.

Aims: The purpose of the study was to (1) confirm that listeners perceive …

Autumn 2016

University of Richmond Magazine

No abstract provided.

Point Spread Function Estimation And Uncertainty Quantification, Kevin Thomas Joyce

Graduate Student Theses, Dissertations, & Professional Papers

An important component of analyzing images quantitatively is modeling image blur due to effects from the system for image capture. When the effect of image blur is assumed to be translation invariant and isotropic, it can be generally modeled as convolution with a radially symmetric kernel, called the point spread function (PSF). Standard techniques for estimating the PSF involve imaging a bright point source, but this is not always feasible (e.g. high energy radiography). This work provides a novel non-parametric approach to estimating the PSF from a calibration image of a vertical edge. Moreover, the approach is within a hierarchical …

Examining The Role Of Parents In Concussion Legislation Across The United States, Jessica A. Cremer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Attitudes Toward Execution: The Tragic And Grotesque Framing Of Capital Punishment In The News, Katherine Shuy

Graduate Student Theses, Dissertations, & Professional Papers

This essay undertakes a detailed frame analysis of print and electronic media coverage of three nationally publicized death penalty cases between the years of 2014 and 2015. Drawing specifically from the work of Kenneth Burke (1984), this research argues that tragically framed death penalty cases reify victim/perpetrator discourses and cause the actual act of execution to be a fitting resolution within a narrative. Burke’s (1984) grotesque-mystical frame and Bakhtin’s (1984) theory of the grotesque body are used to argue that the media’s portrayal of botched executions help highlight the incongruities with the system of capital punishment, and cause audiences to …

Knife River Flint Distribution And Identification In Montana, Laura Evilsizer

Graduate Student Theses, Dissertations, & Professional Papers

An examination of the spatial, temporal, and functional distribution of Knife River flint in Montana, and a study in misidentification of Knife River flint in archaeological assemblages. Lithic sourcing has the potential to provide a plethora of information to archaeologists: resource procurement strategies, mobility patterns, trade networks, and the preferencing of particular lithic material types. However, without proper identification it is impossible to study the distribution of lithic materials from their source. Knife River flint, a brown chalcedony, is a particularly fascinating material, geologically occurring in a small area, but culturally distributed over a large area. I analyze the distribution …

Before The Wind, Charles R. Decker

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Hope Spots, William R. Wallace

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.