Digital Commons Network^™

Mandatory Disclosure In Primary Markets, Andrew A. Schwartz

Publications

Mandatory disclosure—the idea that companies must be legally required to disclose certain, specified information to public investors—is the first principle of modern securities law. Despite the high costs it imposes, mandatory disclosure has been well defended by legal scholars on two theoretical grounds: ‘Agency costs’ and ‘information underproduction.’ While these two concepts are a good fit for secondary markets (where investors trade securities with one another), this Article shows that they are largely irrelevant in the context of primary markets (where companies offer securities directly to investors). The surprising result is that primary offerings—such as an IPO—may not require mandatory …

Drugs' Other Side Effects, Craig J. Konnoth

Publications

Drugs often induce unintended, adverse physiological reactions in those that take them—what we commonly refer to as “side-effects.” However, drugs can produce other, broader, unintended, even non-physiological harms. For example, some argue that taking Truvada, a drug that prevents HIV transmission, increases promiscuity and decreases condom use. Expensive Hepatitis C treatments threaten to bankrupt state Medicaid programs. BiDil, which purported to treat heart conditions for self-identified African-Americans, has been criticized for reifying racial categories. Although the Food & Drug Administration (“FDA”) has broad discretion under the Food, Drugs, and Cosmetics Act (“FDCA”) to regulate drugs, it generally considers only traditional …

The Statutory Separation Of Powers, Sharon B. Jacobs

Publications

Separation of powers forms the backbone of our constitutional democracy. But it also operates as an underappreciated structural principle in subconstitutional domains. This Article argues that Congress constructs statutory schemes of separation, checks, and balances through its delegations to administrative agencies. Like its constitutional counterpart, the “statutory separation of powers” seeks to prevent the dominance of factions and ensure policy stability. But separating and balancing statutory authority is a delicate business: the optimal balance is difficult to calibrate ex ante, the balance is unstable, and there are risks that executive agencies in particular might seek expansion of their authority vis-à-vis …

A Constitution For The Age Of Demagogues: Using The Twenty-Fifth Amendment To Remove An Unfit President, Paul F. Campos

Publications

This Article argues that, properly understood, the 25th Amendment is designed to allow the executive and legislative branches, working together, to remove a president from office when it becomes evident that the person elevated to that office by the electoral process is manifestly unsuited for what can, without exaggeration, be described as the most important job in the world.

It argues further that the first two years of Donald Trump’s presidency have provided a great deal of evidence for the proposition that President Trump has in fact demonstrated the requisite level of fundamental unfitness for the office that would justify …

A Reconsideration Of Copyright's Term, Kristelia A. García, Justin Mccrary

Publications

For well over a century, legislators, courts, lawyers, and scholars have spent significant time and energy debating the optimal duration of copyright protection. While there is general consensus that copyright’s term is of legal and economic significance, arguments both for and against a lengthy term are often impressionistic. Utilizing music industry sales data not previously available for academic analysis, this Article fills an important evidentiary gap in the literature. Using recorded music as a case study, we determine that most copyrighted music earns the majority of its lifetime revenue in the first five to ten years following its initial release …

Binary Governance: Lessons From The Gdpr’S Approach To Algorithmic Accountability, Margot E. Kaminski

Publications

Algorithms are now used to make significant decisions about individuals, from credit determinations to hiring and firing. But they are largely unregulated under U.S. law. A quickly growing literature has split on how to address algorithmic decision-making, with individual rights and accountability to nonexpert stakeholders and to the public at the crux of the debate. In this Article, I make the case for why both individual rights and public- and stakeholder-facing accountability are not just goods in and of themselves but crucial components of effective governance. Only individual rights can fully address dignitary and justificatory concerns behind calls for regulating …

Savior Of Rural Landscapes Or Solomon's Choice? Colorado's Experiment With Alternative Water Transfer Methods For Water (Atms), Lisa Dilling, John Berggren, Jennifer Henderson, Douglas Kenney

Publications

This article focuses on the emerging landscape for Alternative Transfer Methods (ATMs) in Colorado, USA. ATMs are developing within a legal landscape of water rights governed by prior appropriation law, growing demand for water in urban centers driven by population growth, and an aging rural farm population whose most valuable asset may include senior water rights. Rural-urban water transfers in the past have been linked to the collapse of rural economies if pursued to the extreme extent of “buy-and-dry,” where water rights were purchased outright and permanently removed from agricultural land (e.g. Crowley County). This article focuses on the emerging …

The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy

Publications

No abstract provided.

Keynote: The Protection Of Lgbt Youth, Craig Konnoth

Publications

This keynote contains three parts. Part I addresses the intersection of two metaphors: medicine and childhood in LGBT Rights. Part II addresses the state regulation of LGBT youth. Part III offers Professor Konnoth's concluding remarks on the protection of LGBT youth.

No Longer A Second-Class Class Action? Finding Common Ground In The Debate Over Wage Collective Actions With Best Practices For Litigation And Adjudication, Scott A. Moss, Nantiya Ruan

Publications

Rule 23 class actions include all potential members, if granted certification. For wage claims, 29 U.S.C. § 216(b) allows not class but collective actions covering only those opting in. Courts have practiced Rule 23-style gatekeeping in collective actions – requiring certification motions, which they deny if members lack enough commonality. Our 2012 article argued against this practice. No statute or rule grants judges the § 216(b) gatekeeping power early cases assumed, and with good reason: opt-in reduces the agency problems justifying Rule 23 gatekeeping; and Congress passed § 216(b) as not a stricter, opt-in form of class action, but liberalized …

Ancient Hawaiian Temples In LāʻIe, Cy Bridges, Tēvita KaʻIli, Brooks Haderlie, 'Ulise Funaki, Nakia Nae'ole

Mormon Pacific Historical Society

No abstract provided.

Back Cover

Swiss American Historical Society Review

No abstract provided.

Translation: Active Decision-Making In Any Language, Mark Mussari

The Bridge

“Do translators try to produce exact copies of famous novels?” Someone asked that question in an Ask Marilyn column that appeared in the Sunday Parade Magazine.1 “No,” replied Marilyn Vos Savant. “If they did, the result would be only an awkward impression of the real thing, given the differences in grammar, syntax, etc.”

Voices From The Modern Breakthrough. Danish Writing 1870-1930. Volume 1: Male Voices And Volume 2: Women’S Voices. Ed. And Trans. David Young, Poul Houe

The Bridge

In 2017, the small and little-known Freyja Press in Odense (www. freyjapress.dk) issued two volumes of Danish short stories from 1870- 1930 in English translation, all “available for free download in three formats: EPUB, Kindle, PDF” (and with an additional PDF file “for those people interested in the original Danish text” freely accessible as well). Editor and translator David Young writes in forewords to both volumes about his background as an English expat, who came to Denmark in 2002 and soon enrolled in “two History of Literature short courses run by Folkeuniversitetet” in Odense, where he now lives and practices …

"Je, Christine": Feminine Claims To Power In Ditié De Jehanne D’Arc

AWE (A Woman’s Experience)

No abstract provided.

It's Mutual

AWE (A Woman’s Experience)

No abstract provided.

End Matter

AWE (A Woman’s Experience)

No abstract provided.

Using Twitter To Support Reflective Learning In An Asynchronous Online Course, Tian Luo, Smruti J. Shah, Helen Crompton

Teaching & Learning Faculty Publications

The purpose of this study was to further our understanding of the use of Twitter for promoting reflective learning. Specifically, this study investigated how students participate in Twitter-supported activities, what type of knowledge are manifested when Twitter is used to reflect on the course readings, and how students perceive the Twitter-supported activities. The data showed that Twitter was successful in keeping the learners engaged in the reflective discussion activities for a prolonged period compared to Blackboard. Students overall had a positive perception towards the integration of Twitter to support reflection and discussion along with active participation. Twitter was effective in …

Reddit As An Analogy For Scholarly Publishing And The Constructed, Contextual Nature Of Authority, Anna M. White

Communications in Information Literacy

This paper provides an overview of how the social news site Reddit can be used as an example of the ACRL Framework for Information Literacy for Higher Education threshold concept “Authority is Constructed and Contextual.” It posits that the construction and context of authority in the sense of Wilson’s concept of cognitive authority is in the inherent structure of Reddit and that students can benefit from an example that easily links their personal and academic lives—a connection not always made when discussing authority in peer-reviewed publications or databases.

"Asking, Learning, Seeking Out": An Exploration Of Data Literacy For Teaching, Jori S. Beck, Joseph John Morgan, Nancy Brown, Heather Whitesides, Derek R. Riddle

Teaching & Learning Faculty Publications

The current study explored preservice and inservice teachers’ perspectives on data literacy for teaching. Semi-structured interviews were employed with 12 teacher candidates in elementary and special education. The findings revealed participants’ misconceptions regarding formative and summative data; their understanding of the value of formative data; perceptions of challenges related to data literacy for teaching including time, making sense of data, and reliability and validity; and candidates’ preferences for authentic data literacy instruction.

Extending The Apprenticeship Of Observation: How Mentee Experience Shape Mentors, Christina J. Lunsmann, Jori S. Beck, Derek R. Riddle, Chyllis E. Scott, Amy B. Adkins

Teaching & Learning Faculty Publications

Although the importance of mentor teachers in clinical teacher preparation is well established, few researchers explore the social identity development of these individuals. Through our study we contribute to the body of research by exploring mentor teachers' social identity development through the concept of Apprenticeship of Observation - specifically, how they felt their own mentoring experiences influenced their approaches to mentoring. The multi-case study includes findings about mentoring beliefs and practices during the laboratory school component of an Alternate Route to Licensure program. Incorporating semi-structured interviews and video analysis, the findings demonstrate how four mentor teachers' prior experiences as mentees …

Artificial Intelligence For Sustainable Development: Synthesis Report, Mobile Learning Week 2019, Borhene Chakroun, Fengchun Miao, Valencir Mendes, Anett Domiter, Huhua Fan, Iaroslava Kharkova, Wayne Holmes, Dominic Orr, Mitja Jermol, Kim Issroff, Jongwi Park, Keith Holmes, Helen Crompton, Paz Portales, Davor Orlic, Sandra Rodriguez

Teaching & Learning Faculty Publications

(First paragraph) 2019’s Mobile Learning Week (MLW), UNESCO’s flagship event for information and communication technology (ICT) in education, focused on the theme ‘Artificial Intelligence for Sustainable Development’. Held over five days in Paris, it comprised a sequence of high-profile events (a global conference, a policy forum and workshops, a symposium and strategy labs), and involved more than 1,500 participants from 140 countries (including Ministers of Education and ICT, other representatives from Member States, the private sector, academia and international organizations).

Market Value Analysis Of Takashi Murakami's Artwork Under Howard Becker's Theory, Liu Yi-Ding

MA Theses

This paper is an analysis about the artist Takashi Murakami. As a representative of the corporate artist, he is favored by the Art business world while being criticized by many people. This paper adopts American sociologist Howard Becker's art world theory as a research tool to observe that the construction of Murakami and his art market is not the growth of genius, but the result of collective cooperation. Based on two decades of data on the art trade, Murakami has made his unique brand of ultra-flat theory and otaku work. These labels, along with internalization and external marketing, eventually gave …

Teacher Perceptions On Advisory Model At The Middle Level Through The Lens Of Conflict And Connection, Emili L. Brosnan

Student Work

In education, we seek to prepare students in a variety of facets. In order to prepare those students, we must look at a multitude of different factors in regard to that preparation. As students continue through their educational career, their time with the teachers that are educating them often decreases. In order to continue to advocate for students and build skills with students, we have seen a shift to focus on student relationships as well as curriculum. Using data collected with Pianta’s Student-Teacher Relationship Scale-Short Form and open-ended questions, this study seeks to investigate the effectiveness of the current middle …

2019-2020 Schaefer Workshop Speakers, William & Mary Law School

Elmer J. Schaefer Workshop Series

No abstract provided.

A Comparison Of Techniques For Estimating Ndvi For Agricultural Intervention Impact Assessment, Ronan Lucey

Theses

In the context of global environmental change, food security is a major concern for Nepal. Agricultural interventions have been performed in Nepal with a goal of increasing crop productivity to combat food insecurity. In this study, we compare two techniques for estimating NDVI, serving as a proxy for agricultural productivity, over fields in western Nepal - a Multi-Linear Regression approach and a Random Forest approach. Assessment of agricultural productivity is important for understanding the effectiveness of agricultural interventions. The methodology utilizes space-borne remote sensing and surface meteorology datasets to address three research questions: 1) can these datasets be utilized along …

Understanding Racial Inequity In School Discipline Across The Richmond Region, Genevieve Siegel-Hawley, Adai Tefera, David Naff, Ashlee Lester, Jesse Senechal, Rachel Levy, Virginia Palencia, Mitchell Parry, Morgan Debusk-Lane

MERC Publications

This report comes from the MERC Achieving Racial Equity in School Disciplinary Policies and Practices study. Launched in the spring of 2015, the purpose of this mixed- method study was to understand the factors related to disproportionate school discipline outcomes in MERC division schools. The study had two phases. Phase one (quantitative) used primary and secondary data to explore racial disparities in school discipline in the MERC region as well as discipline programs schools use to address them. Phase two (qualitative) explored the implementation of discipline programs in three MERC region schools, as well as educator and student perceptions …

The Care Principles For Indigenous Data Governance, Global Indigenous Data Alliance

Copyright, Fair Use, Scholarly Communication, etc.

The CARE Principles for Indigenous Data Governance

The current movement toward open data and open science does not fully engage with Indigenous Peoples rights and interests. Existing principles within the open data movement (e.g. FAIR: findable, accessible, interoperable, reusable) primarily focus on characteristics of data that will facilitate increased data sharing among entities while ignoring power differentials and historical contexts. The emphasis on greater data sharing alone creates a tension for Indigenous Peoples who are also asserting greater control over the application and use of Indigenous data and Indigenous Knowledge for collective benefit.

This includes the right to create value …

A Biochemical Nickel(I) State Supports Nucleophilic Alkyl Addition: A Roadmap For Methyl Reactivity In Acetyl Coenzyme A Synthase, A. C. Manesis, B. W. Musselman, Breena C. Keegan, Jason M. Shearer, N. Lehnert, H. S. Shafaat

Chemistry Faculty Research

Nickel-containing enzymes such as methyl coenzyme M reductase (MCR) and carbon monoxide dehydrogenase/acetyl coenzyme A synthase (CODH/ACS) play a critical role in global energy conversion reactions, with significant contributions to carbon-centered processes. These enzymes are implied to cycle through a series of nickel-based organometallic intermediates during catalysis, though identification of these intermediates remains challenging. In this work, we have developed and characterized a nickel-containing metalloprotein that models the methyl-bound organometallic intermediates proposed in the native enzymes. Using a nickel(I)-substituted azurin mutant, we demonstrate that alkyl binding occurs via nucleophilic addition of methyl iodide as a methyl donor. The paramagnetic Ni …

Digital CommonsTm: 10 Strategies To Expand Your Institution’S Global Research Visibility With A Next-Generation Ir, Elsevier

Copyright, Fair Use, Scholarly Communication, etc.

This short paper explores 10 themes of next generation repositories, elevating what is possible, and giving competitive advantage to forward-thinking institutions who are ready to take the next step in their IR strategy.

Since the concept was first launched in 2003, over 5,200 institutions worldwide have adopted an Institutional Repository (IR) to store and manage all their academic research and archival content, publish and manage journals, and more.

In November 2017, the global Confederation of Open Access Repositories (COAR) published the report, Behaviours and Technical Recommendations of the COAR Next Generation Repositories Working Group¹. This sets out a framework positioning …