Digital Commons Network^™

Class Actions In The Era Of Trump: Trends And Developments In Class Certification And Related Issues, John C. Coffee Jr., Alexandra D. Lahav

Faculty Scholarship

In this memorandum prepared for the Annual ABA National Institute on Class Actions, Professors Coffee and Lahav review and assess developments in class certification over recent years, and track trends in approaches to certification. Special attention is given to securities litigation, the use of confidential witnesses, ascertainability, attorney's fees, standing, mootness, statutes of repose, and the impact of recent Supreme Court decisions, including Halliburton II and Spokeo.

The European Union’S Competence On Foreign Investment: “New And Improved”?, Dominik Moskvan

San Diego International Law Journal

The general approach of the EU towards its trade and investment agenda changed in 2006 into a vigorous use of bilateral negotiations as the Union experienced opposition from emerging countries as well as the U.S. The use of bilateral agreements was seen as a reliable instrument to efficaciously realize the Union market power that was in decline. The future erosion of the EUs market position will likely continue and this will contribute to favoring the use of bilateral instead of multilateral trade agreements with the EU. However, as far as competence is concerned, should an investment treaty be signed in …

The First Competitive Video Gaming Anti-Doping Policy And Its Deficiencies Under European Union Law, Colby Stivers

San Diego International Law Journal

This Comment identifies the deficiencies of the ESL anti-doping regime and proposes solutions for compliance with international law. In addition to achieving compliance, the proposed solutions analyzed are selected to serve the values of eSports stakeholders, as well as the philosophical valuesof sports competition as a whole. Section II will identify those stakeholdersand values. Section III will identify and attempt to solve potential noncompliancewith EU treaty-based law under the European Convention on Human Rights and resolutions of the Council of Europe. Section IV will identify and propose solutions transposed from traditional sports anti-doping policies that address discrepancies with EU law …

Cuba Libre: A Verb? A Noun? Or A Cocktail?, Brian Eiselman

San Diego International Law Journal

This Article examines the nature of the history and origins of hostilities between the United States and Cuba leading up to the Embargo, and the Constitutional issue regarding the possible termination of the Embargo in view of the Helms-Burton Act. While President Kennedy enacted the Embargo unilaterally, the Helms-Burton Act usurped the power to regulate and conduct international affairs from the President, requiring a two-thirds Senate majority in order to lift or modify the Embargo.[] Arguably, this provision violates both the United States Constitution as well as International Law.[] Under the Obama Administration there was a new attitude towards Cuba, …

Vatican Condemnation Of Nazi War Crimes: Pope Pius Xii’S Denunciation Of Wartime Atrocities, Donald H. J. Hermann

San Diego International Law Journal

The debate on the silence of Pope Pius XII has been rekindled by recent close examination of the Pope’s 1942 Christmas Message denouncing totalitarianism and the killing of persons “only because of their nationality and race,” along with a particular condemnation of Marxist Socialism and a call for national and international relations to be based on natural law principles guaranteeing justice, order, and peace. In particular, Michael Phayer, a historian writing on the Vatican’s relation to the Holocaust, suggested a need for renewed attention to the 1942 Christmas Message. According to Phayer:

Historians . . . have been rather too …

Attorney-Client Confidentiality: A Critical Analysis, William H. Simon

Faculty Scholarship

Attorney-client confidentiality doctrine is distinguished by its expansiveness and its rigid or categorical form. This brief essay argues that the rationales for these features are unpersuasive. It compares the “strong confidentiality” of current doctrine to a hypothetical narrower and more flexible “moderate confidentiality” and concludes that moderate confidentiality is more plausible. It is unlikely that current doctrine yields benefits that justify its costs.

Cyber Strategy & Policy: International Law Dimensions, Matthew C. Waxman

Faculty Scholarship

Important international law questions for formulating cyber strategy and policy include whether and when a cyber-attack amounts to an “act of war,” or, more precisely, an “armed attack” triggering a right of self-defense, and how the international legal principle of “sovereignty” could apply to cyber activities. International law in this area is not settled. There is, however, ample room within existing international law to support a strong cyber strategy, including a powerful deterrent. The answers to many international law questions discussed below depend on specific, case-by-case facts, and are likely to be highly contested for a long time to come. …

Law And Economics Of Information, Tim Wu

Faculty Scholarship

Information is of enormous importance to contemporary economics, science, and technology. Since the 1970s, economists and legal scholars, relying on a simplified “public good” model of information, have constructed an impressively extensive body of scholarship devoted to the relationship between law and information. The public good model tends to justify law, such as the intellectual property laws or various forms of securities regulation that seek to incentivize the production of information or its broader dissemination. This chapter reviews the public choice model and identifies two recent trends. First, scholars have extended the public good model of information to an ever-increasing …

Early Childhood Development And The Law, Clare Huntington

Faculty Scholarship

Early childhood development is a robust and vibrant focus of study in multiple disciplines, from economics and education to psychology and neuroscience. Abundant research from these disciplines has established that early childhood is critical for the development of cognitive abilities, language, and psychosocial skills, all of which turn, in large measure, on the parent-child relationship. And because early childhood relationships and experiences have a deep and lasting impact on a child’s life trajectory, disadvantages during early childhood replicate inequality. Working together, scholars in these disciplines are actively engaged in a national policy debate about reducing inequality through early childhood interventions. …

Stock Market Futurism, Merritt B. Fox, Gabriel Rauterberg

Faculty Scholarship

The U.S. stock market is undergoing extraordinary upheaval. The approval of the application of the Investors Exchange (IEX) to become the nation’s newest stock exchange, including its famous “speed bump,” was one of the SEC’s most controversial decisions in decades. Other exchanges have proposed a raft of new innovations in its wake. This evolving equity market is a critical piece of national infrastructure, but the regulatory scheme for its institutions is increasingly frayed. In particular, current regulation draws sharp distinctions among different kinds of markets for trading stocks, treating stock exchanges as self-regulatory organizations immune from private civil litigation, while …

Underground Structures, Rock Structures And Rock Mechanics From Ancient Era To The Modern Age, Ebru Akiş, Özgür Satici

Geosciences and Geological and Petroleum Engineering Faculty Research & Creative Works

Usage of underground space is an old habit for human beings since ancient era. Our ancestors have used caves as a shelter for protection from the wildlife and nature, and they excavated caves to extract valuable minerals. They also used them as sanctuaries, tombs or for storage of goods. In addition, they built tunnels to be used as assault systems or to underpass fortifications during ancient warfare. Later on, tunnels were driven to supply water to the towns or to protect the towns from floods. They also built them for communication purposes. Though not knowing the exact time when they …

Inspire Newsletter Winter 2017, Missouri University Of Science And Technology. Inspire - University Transportation Center

INSPIRE Newsletters

No abstract provided.

Automatically Detecting The Resonance Of Terrorist Movement Frames On The Web, Ugochukwu O. Etudo

Theses and Dissertations

The ever-increasing use of the internet by terrorist groups as a platform for the dissemination of radical, violent ideologies is well documented. The internet has, in this way, become a breeding ground for potential lone-wolf terrorists; that is, individuals who commit acts of terror inspired by the ideological rhetoric emitted by terrorist organizations. These individuals are characterized by their lack of formal affiliation with terror organizations, making them difficult to intercept with traditional intelligence techniques. The radicalization of individuals on the internet poses a considerable threat to law enforcement and national security officials. This new medium of radicalization, however, also …

Misencounters, Francisco J. Besa

Theses and Dissertations

We are immersed in an era of supermodernity, an age defined by excesses: of information—the acceleration of historical time—spatial overabundance—the nullification of distance by electronic media and transportation—and an excess of self-reflexive individuality. In this context, the idea of place is giving way to non-places: designed spaces in which social relations are tangential and the boundary between the individual and the group is increasingly mediated. Media plays an important role in the creation of non-places, by favoring a removed form of communication made pervasive and extensive through mobile devices. The blurring of the line between media and actuality …

Quantitative Analysis And Process Of High Speed Live Cell Interferometry Measurements, Daniel Guest

Theses and Dissertations

The application of auto focus, using an optical beam deflection technique, to existing live cell interferometry measurements was developed and examined. The benefit to relevant experiments, currently being performed, is shown as well as its performance across various magnifications. Enough information is given so that the system can be reproduced to fit any end users needs.

Negotiating Desire: Resisting, Reimagining And Reinscribing Normalized Sexuality And Gender In Fan Fiction, Charity A. Fowler

Theses and Dissertations

Fan studies has examined how fan fiction resists heteronormativity by challenging depictions of gender and sexuality, but to date, this inquiry has focused disproportionately on slash, to the exclusion of other genres of fan fiction. Additionally, scholars disagree about slash’s subversive effects by setting up a seemingly stable dichotomy—subversive vs. misogynistic—where one does not necessarily exist.

In this project, I examine multiple genres of fan fiction—namely, slash arising from bromances; femslash from female friendships; incestuous fan fiction from dysfunctional familial relationships; and polyamorous fics. I chose fics from four televisions shows—NBC’s Revolution, MTV’s Teen Wolf, the CW’s The …

Restoration, Shannon M. Slaight-Brown

Theses and Dissertations

The marks I make in clay have different characteristics, and the physical mark of one’s fingertips or visual record of the hand is personal and intimate. This visible activity is the evidence of my constant presence and control within each object. Its repetitive meditation produces a private relief from my persistent anxieties. This exploration for me is not only visual, but also physical. This is the start of my infatuation with the idea of pattern. It has its own discrete visual language and modes of communication; and through my research I am developing a method of intercommunication.

A Case Study Of Collaboration Between General Education Teachers And Special Education Teachers In A Southern Rural High School, Oassie Jean Daniels

Theses and Dissertations

This applied dissertation was framed around issues associated with the inclusion of students with disabilities in the general education classroom as these issues related to teacher collaboration. Specifically, the problem on which this study focused was that according to the principal at the research site, the general education teachers and special education teacher needed to collaborate more successfully in order to be more helpful to the students. The purpose of this case study was twofold. First, the researcher wished to determine how and to what extent collaboration practices occurred between general education teachers and special education teachers in a southern …

Steinernema Pwaniensis N. Sp., A New Entomopathogenic Nematode (Nematoda: Steinernematidae) From Tanzania, V. Půža, J. Nermut, Z. Mráček, S. Gengler, S. Haukeland

All Peer-Reviewed Publications

A new species of entomopathogenic nematode, Steinernema pwaniensis n. sp., belonging to the glaseri group, is described from Tanzania. The infective juveniles of S. pwaniensis n. sp. are characterized by a body length of 978 μm (808-1131), distance from anterior end to excretory pore of 86 μm (80-95) and a tail length of 87 μm (75-95). The ratios a, c and E% of S. pwaniensis n. sp. are substantially lower than those of all other African 'glaseri' group members. The first-generation males of S. pwaniensis n. sp. can be distinguished by a large spicule length of 92 μm (80-97) and …

Will I Be Able To Understand My Mentee? Examining The Potential Risk Of The Dominant Culture Mentoring Marginalized Youth, Jennifer Lindwall

Psychology Faculty Publications and Presentations

Most people would agree they want to live in a world where every child has what he or she needs to thrive and grow into a healthy and productive adult. It is estimated that 5,000 mentoring programs serve 3,000,000 youth in the United States alone (DuBois, Portillo, Rhodes, Silverthorn, & Valentine, 2011). In many of these programs, a majority of the mentors are matched with a mentee who comes from a culture and community they know very little about. Many of the youth development programs that were founded and implemented by people of the perceived dominant culture represent their values …

Bankruptcy, Harlin D. Hale, Amber M. Carson

SMU Annual Texas Survey

No abstract provided.

Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy Daniels, Andrew C. Whitaker, Amber D. Reece

SMU Annual Texas Survey

No abstract provided.

Commercial Transactions, John Krahmer

SMU Annual Texas Survey

No abstract provided.

Conflict Of Laws, James P. George, Randy D. Gordon

SMU Annual Texas Survey

No abstract provided.

Franchise Law, Deborah S. Coldwell, Iris Gibson, Jamee Cotton, Lissette Villarruel, Sally Dahlstrom

SMU Annual Texas Survey

No abstract provided.

Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Ellie Simpson, Bethany Hrischuk

SMU Annual Texas Survey

No abstract provided.

Professional Liability, Debran L. O'Neil, Joshua D. Kipp, Thomas S. Conner

SMU Annual Texas Survey

No abstract provided.

Securities Regulation, George L. Flint Jr.

SMU Annual Texas Survey

No abstract provided.

Equal Rights Amendment South Carolina Coalition Records - Accession 693, Equal Rights Amendment South Carolina Coalition

Manuscript Collection

The Equal Rights Amendment South Carolina Coalition Records consist of pamphlets, membership listings, newsletters, bulletins, interstate correspondence, legislation positions, polls, newspaper clippings, article reprints, general correspondence and various memorabilia to the attempt to obtain South Carolina ratification of the passage of Equal Rights Amendment. The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.

Seth Holmes, Fresh Fruit, Broken Bodies: Migrant Farmworkers In The United States (Berkeley, Ca: University Of California Press, 2013), Rosalynn A. Vega

Anthropology Faculty Publications

In Fresh Fruit, Broken Bodies, Seth Holmes uses ethnographic detail to explain how social processes naturalize structural violence in the U.S./Mexico migrant labor system. In essence, the book serves as an “ethnographic witness” to how racism and the neoliberal global economy undergird the everyday suffering of Mexican migrants. Holmes’ book is the result of five years of ethnographic research among the Triqui people of Oaxaca, Mexico. During this time, Holmes lived with Triqui indigenous families in the mountains of Oaxaca, accompanied migrants during their illegal border crossing through the Arizona desert, and was jailed with his informants. In the United …