Digital Commons Network^™

Distributing Deterrence Fairly: A New Rationale For Decoupling Tort Liability, H. Javier Kordi

Coase-Sandor Institute for Law & Economics Research Paper Series

Tort law faces a dilemma: how to adhere to a principle of make-whole compensation without entrenching social inequities. High-earning people receive greater compensation awards, resulting in an unequal distribution of deterrence. The deterrence disparity arises because injurers would rationally direct risky activity towards poorer victims to reduce liability costs; it persists even if race and gender classifications are barred from compensation. This Article offers a novel solution to the dilemma. It develops a decoupled liability regime under which injurers pay damages and are subject to standards of care that are invariant across individual victims, thus equalizing the distribution of deterrence. …

Duplicative Taxation Among The States: A Problem Not Worth Solving?, Julie Roin

Coase-Sandor Institute for Law & Economics Research Paper Series

Recent legal and economic changes—not to mention the rise in telecommuting caused by COVID--have raised the salience of a long-simmering fact about the operation of state and local income tax systems: some multistate employers and employees pay a combined income tax liability that is higher than the tax they would have borne had they operated in just one jurisdiction. Seemingly beyond the reach of the courts to correct, there have been persistent calls for Congressional action to eliminate or reduce this “duplicative” taxation. This Article suggests that the alleged problem may be both less of a problem, and more resistant …

Privacy Protection, At What Cost? Exploring The Regulatory Resistance To Data Technology In Auto Insurance, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

Regulatory and sociological resistance to new market-driven technologies, particularly to those that rely on collection and analysis of personal data, is prevalent even in cases where the technology creates large social value and saves lives. This article is a case study of such tragic technology resistance, focusing on tracking devices in cars which allow auto insurers to monitor how policyholders drive and adjust the premiums accordingly. Growing empirical work reveals that such “usage-based insurance” induces safer driving, reducing fatal accidents by almost one third, and resulting in more affordable and fair premiums. Yet, California prohibits this technology and other states …

Strategic Subdelegation, Brian D. Feinstein, Jennifer Nou

Coase-Sandor Institute for Law & Economics Research Paper Series

Appointed leaders of administrative agencies routinely record subdelegations of governmental authority to civil servants. That appointees willingly cede authority in this way presents a puzzle, at least at first glance: Why do these appointees assign their power to civil servants insulated by merit protection laws, that is, to employees over whom they have limited control? This article develops and tests a theory to explain this behavior. Using original data on appointee-to-civil servant delegations and a measure of the ideological distance between these two groups of actors, we show that appointees are more willing to vest power in civil servants when …

Miss Crissy's Views : A Missionary Story, Jula C. Daniel

Heritage Material

No abstract provided.

Journal And Constitution Of The Holiness Union, 1913-1914, Holiness Union

Heritage Material

No abstract provided.

New Advances In Long-Term Monitoring Of Storm-Deposited Boulder Ridges Along Rocky Shorelines Of San Salvador Island, Bahamas, Bosiljka Glumac, Ursula Miquel, H. Allen Curran

Geosciences: Faculty Publications

Beginning in January 2012, we have monitored two boulder ridges on San Salvador: Singer Bar Point (SBP, length ~790 m) along the reef- and lagoon-protected northern coast and The Gulf (TG, length ~460 m) on the island’s high-energy southern coast. This long-term monitoring aims at documenting changes in ridge morphology and distribution, and the direction and amount of movement of individual boulders to gain insights into the intensity and effects of storms on these coastal areas.

In the initial stage of our investigations, the largest boulders from each site were photographed, GPS-located, measured, and characterized by composition and morphology. Boulders …

Women In Lymphoma: A 4-Year Journey In Promoting Gender Equity, Judith Trotman, Ann Lacasce, Wendy Osborne, Anna Steiner, Eliza Hawkes, Carla Casulo, Florence Broussais, Kate Cwynarski, Paola Ghione, Justine Kahn, Sharyn Kurtz, Kim Linton, Carolina Mahuad, Monique Minnema, Loretta Nastoupil, Wendy Osborne, Astrid Pavolvsky, Michelle Poon, Clementine Sarkozy, Laurie Sehn, Soni Smith, Anna Sureda, Carrie Thompson, Judith Trotman, Julie M. Vose

Journal Articles: Oncology and Hematology

No abstract provided.

Integrative Analysis Of Clinicopathological Features Defines Novel Prognostic Models For Mantle Cell Lymphoma In The Immunochemotherapy Era: A Report From The North American Mantle Cell Lymphoma Consortium, Julie M. Vose, Kai Fu, Lu Wang, Adnan Mansoor, Douglas Stewart, Hongxia Cheng, Lynette M. Smith, Ji Yuan, Hina Naushad Qureishi, Brian K. Link, Melissa H. Cessna, Paul M. Barr, Brad S. Kahl, Matthew S. Mckinney, Nadia Khan, Ranjana H. Advani, Peter Martin, Andre H. Goy, Tycel J. Phillips, Amitkumar Mehta, Manali Kamdar, Michael Crump, Barbara Pro, Christopher R. Flowers, Caron A. Jacobson, Sonali M. Smith, Deborah M. Stephens, Veronika Bachanova, Zhaohui Jin, Shishou Wu, Francisco Hernandez-Ilizaliturri, Pallawi Torka, Andrea Anampa-Guzmán, Farshid Kashef, Xing Li, Sunandini Sharma, Timothy Greiner, James O. Armitage, Matthew A. Lunning, Dennis D. Weisenburger, Gregory Bociek, Javeed Iqbal, Guohua Yu, Chengfeng Bi, North American Mantle Cell Lymphoma Consortium

Journal Articles: Oncology and Hematology

BACKGROUND: Patients with mantle cell lymphoma (MCL) exhibit a wide variation in clinical presentation and outcome. However, the commonly used prognostic models are outdated and inadequate to address the needs of the current multidisciplinary management of this disease. This study aims to investigate the clinical and pathological features of MCL in the immunochemotherapy era and improve the prognostic models for a more accurate prediction of patient outcomes.

METHODS: The North American Mantle Cell Lymphoma Project is a multi-institutional collaboration of 23 institutions across North America to evaluate and refine prognosticators for front-line therapy. A total of 586 MCL cases diagnosed …

Conflict, Consistency And The Role Of Conventional Morality In Judicial Decision-Making, Aditi Bagchi

Faculty Scholarship

Cardozo defends a pragmatic approach to judicial decision-making. Judges should apply and develop legal rules with an eye toward their social function. “Public policy” at this stage of decision-making theoretically could be rooted in a social scientific exercise or some other direct attempt to come up with the optimal rule.

Cardozo instead directs judges to conventional morality. Conventional morality is an unlikely solution given the specter of inconsistency that it raises. But in the disagreement and conflict about conventional morality that seem to render it unstable lie the resources for self-correction over time. Judicial decision-making is inevitably inconsistent to some …

Benjamin Cardozo And American Natural Law Theory, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

Visiting Judges, Pamela K. Bookman, Alyssa S. King

Faculty Scholarship

No abstract provided.

Hiding In Plain Sight: An Ilo Convention On Labor Standards In Global Supply Chains, James J. Brudney

Faculty Scholarship

This Article proposes a solution to the primary challenge currently confronting governments, employers, and workers under international labor law: how to promote and protect decent labor conditions in global supply chains (GSCs).

The Article begins by summarizing why existing public law and private law approaches have failed to meet this challenge over several decades. It describes the shortcomings of law and practice in developing countries as well as the weakness of corporate social responsibility (CSR), including the most ambitious version of CSR, the U.N. Guiding Principles on Business and Human Rights. It then analyzes the problems with recent national laws …

Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman

Faculty Scholarship

Title IX protects against sex-based discrimination and harassment in covered education programs and activities. The Biden Administration's recently proposed Title IX regulations do not, however, include discrimination on the basis of menstruation or related conditions as a form of discrimination based on sex. This comment on the proposed regulations explains why the regulations should include conditions related to menstruation and recommends changes for how to do so.

Three Modalities Of (Originalist) Fiduciary Constitutionalism, Ethan J. Leib

Faculty Scholarship

There is an ongoing body of scholarship in contemporary constitutional theory and legal history that can be labeled “fiduciary constitutionalism.” Some have wanted to strangle this work in its cradle, offering an argument pitched “against fiduciary constitutionalism,” full stop. But because there are enough different modalities of fiduciary constitutionalism – and particularly originalist varieties of it at the center of recent critiques – it is worth getting clearer about some methodological commitments of this work to help evaluate its promise and potential pitfalls. This paper develops the ambitions, successes, and deficiencies of three modalities of historical and originalist argument that …

Policing "Bad" Mothers, I. Bennett Capers

Faculty Scholarship

Jessamine Chan’s The School for Good Mothers — a speculative novel about a mother who abandons her child for a few hours and is required to attend a school for good mothers to regain custody — may not be a great book, but it is a good yarn, and a page turner, and thought-provoking. Thought-provoking, because to measure her fitness to be a mother, the protagonist is assigned a robot doppelganger of her child — one that is sentient, one that seems almost real, one that might even pass the Turing test, and one that she is required not only …

Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi

Faculty Scholarship

The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little scholarship explicitly linking abolition to international human rights, there are scholars and advocates who implicitly echo abolitionist theories by critiquing the international human rights regime's overreliance on criminal law. These critics argue that relying on carceral institutions to address impunity for human rights abuses and promote gender justice does little to …

Donating To The District Attorney, Carissa Byrne Hessick, Michael Morse, Nathan Pinnell

Faculty Publications

The United States is the only country that elects its local prosecutors. In theory, these local elections could facilitate local control of criminal justice policy. But the academic literature assumes that, in practice, prosecutor elections fail to live up to that promise. This Article complicates that conventional wisdom with a new, national study of campaign contributions in prosecutor elections. The study offers a more complete empirical account of prosecutor accountability by analyzing contributions to local candidates as well as their election results. It details the amount of money in local prosecutor elections, including from interest groups, and the relationship between …

A Phenomenological Study: The Lived Experience Of Jamaican Immigrant Teachers Practicing In Northeastern North Carolina, Dianne Campbell-Barton

Doctor of Education Dissertations

Public school districts across the United States (U.S.) have struggled with the hemorrhaging of teachers for many years and have become creative in staffing classrooms, which includes hiring overseas teachers. This qualitative phenomenological study explored the lived experiences of Jamaican exchange visitor program (EVP) teachers practicing in northeastern North Carolina K-12 public and charter schools. An amalgamation of Milton Gordon’s (1964) assimilation and John Berry’s (1977) acculturation theories guided the research. Semi-structured interviews were used to capture and examine the Jamaican EVP teachers' stories of success, challenges, and resilience. The study capitalizes on the power of Jamaican EVP teachers’ stories …

Restraining The Disabled: A Program Evaluation Of Nonviolent Crisis Intervention In The Educational Setting, Taner Jarrett

Doctor of Education Dissertations

Students with disabilities are 200% more likely to be restrained by school personnel compared to nondisabled peers (Katsiyannis et al., 2020). The purpose of this study was to examine the effectiveness of Nonviolent Crisis Intervention (NVCI) in de-escalating the risk behavior of children with disabilities from exceptional children (EC) teacher perspectives. This study was a mixed method program evaluation of the Crisis Prevention Institute NVCI program using Daniel Stufflebeam’s (1968) Context, Input, Process, Product (CIPP) evaluation framework. The setting for this study was a large suburban school district in the piedmont region of North Carolina. The sample included 15 NVCI- …

Reflective Practice Using Video-Recorded Classroom Observations, Angela Greer

Doctor of Education Dissertations

This study was prompted by a desire to understand the relationship between reflective practice using classroom instructional video observations and teacher perception of effectiveness. This was a mixed methods study in which quantitative data were collected from a pre- and post-survey using a Likert scale and qualitative data from weekly pre- and post-reflection questions and a final reflection question. This study involved data collection from 19 volunteer teachers from a rural middle school serving students in Grades 6-8. Effective teachers are those who use self-reflection to deepen their understanding of how their instructional practices affect student learning, make improvements to …

Plant Nutrient Contents And Spatial Distribution Patterns Of Toxic Element Concentrations In Mine Site Soils, Gülşen Tozsi̇n, Taşkin Öztaş

Turkish Journal of Agriculture and Forestry

Open-pit coal mining causes land and soil degradation and negatively affects soil properties. It is of great importance to determine variabilities in soil properties of the abandoned area after the mine is closed and to bring it back to nature by implementing appropriate rehabilitation programs. The aim of this study was to evaluate plant nutrient availability and toxic element pollution in an abandoned coal mine site. The results indicated that the amounts of plant-available P and K are quite low (<90 kg P₂O₅ ha^-1) and low to moderate (<170 kg K₂O ha^-1), respectively. The concentrations …

The Effect Of Immobilized Chitinase Enzyme On The Biocontrol Of Sitophilus Zeamais, Nesli̇han Di̇kbaş, Sevda Uçar, Göksel Tozlu, Tuba Öznülüer Özer, Recep Kotan

Turkish Journal of Agriculture and Forestry

Microbial enzymes produced using biological processes are of great importance due to their contribution to sustainable solutions for agricultural production. In our previous study, the chitinase enzyme from Lactobacillus coryniformis was purified, immobilized to zinc oxide (ZnO) nanoparticles, and its effectiveness as a bioinsecticide against the storage pest Sitophilus zeamais Motschulsky, 1855 (Coleoptera: Curculionidae) was determined by forming a nanoformulation. In this study, the effectiveness of immobilized chitinase (nanoformulation), free chitinase, malathion, ZnO, and L. coryniformis on intestinal enzymes such as alkaline phosphatase (ALP), adenosine triphosphatase (ATPase), and lactate dehydrogenase (LDH) were tested to elucidate some of the mechanism of …

The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm, Owen Mcintyre

Perspectives

For several decades now, the environmental and social safeguard policies adopted by international financial institutions (IFIs), along with the related accountability frameworks provided by the independent accountability mechanisms (IAMs) established by each, have been at the very forefront of a global movement to extend good environmental and social governance values to the practice of international development finance. The complex of substantive and procedural standards of institutional conduct required under multilateral development bank (MDB) safeguard policies in respect of the assessment and implementation of bank-funded development projects or activities exemplifies the phenomenon of so-called “transnational” or “global” law - the rich …

Sagebrush Steppe Songbird Conservation: Inferences Using Remote Sensing Data And A Novel Reproduction Model, Kaitlyn Marie Reintsma

Graduate Student Theses, Dissertations, & Professional Papers

Anthropogenic land cover change continues to degrade and fragment wildlife habitats, threatening biodiversity at local, regional, and global scales. Songbird populations are sensitive to broad habitat changes and therefore can be used to assess and prioritize habitat for biodiversity. For example, biodiversity losses in the arid grass and sagebrush of western North America (Artemisia spp.; hereafter “sagebrush steppe”) are reflected in the rapid decline of songbird populations. However, the influence of the principal land use, livestock grazing, on songbird populations, and by inference biodiversity, is unclear. In this dissertation, I investigated sagebrush steppe songbird conservation in a grazed landscape by …

Municipal Musk Oxen, Gentry Hale

Graduate Student Theses, Dissertations, & Professional Papers

You’d be hard-pressed to find a town with more sled dogs and mushers per capita than Nome, the finish line of the 938-mile Iditarod sled dog race.

It is also home to a growing herd of musk oxen, massive ungulates that Congress reintroduced to the Seward Peninsula in 1970. These icons of the far north have changed little over their 1.8 million years of existence and more closely related to sheep and goats than actual oxen.

While musk oxen pose a risk to dogs and people, they are also a major tourist attraction that helps inject much needed outside cash …

Understanding Trauma Awareness And Communication Competency In Athletic Training: A Mixed Methods Inquiry, Adrienne Anne Tauses

Graduate Student Theses, Dissertations, & Professional Papers

There has long been a link between stress and injury in athletes. Even so, athletic injuries are often viewed as primarily performance issues which ignores potential underlying psychological contributors to the injury. Research has shown that while athletic trainers have some training in psychological competencies, they lack awareness of trauma and self-efficacy in engaging in difficult conversations with athletes. Review of the literature will address the gaps in athletic training, and the potential of athletic trainers in supporting physical and mental health outcomes in athletes (Cormier & Zizzi, 2015; Cutler & Dwyer, 2020). Addressing the whole person within a sample …

Promoting Well-Being In Schools: The Effects Of A Happiness Workshop On Educators And Other School Personnel, Robert J. Ryan

Graduate Student Theses, Dissertations, & Professional Papers

Educators throughout the United States report high levels of mental distress, anxiety, depression, and stress and difficulties with physical health. Educational systems have limited ability to address the well-being of faculty and staff in primary and secondary schools. Existing interventions are not always adequate and often do not reach the majority of educators who are facing challenges in the aforementioned areas of wellness. Positive psychology interventions and workshops have demonstrated their efficacy in promoting well-being with different populations. In this quantitative, quasi-experimental, pretest-posttest study, I studied the effects of a brief happiness for educators workshop on participants’ well-being. The happiness …

Stories From Superfund, Rachel M. Neal

Graduate Student Theses, Dissertations, & Professional Papers

Superfund sites are the most contaminated places in the nation, but they do not exist in isolation. Stories from Superfund examines Superfund sites in three different communities, sharing the stories of people with varying relationships to these sites.

An audio story explores how the largest Superfund complex in the U.S., the Clark Fork River, serves as a living laboratory. Researchers and agency staff explain what we can learn from the nation’s most contaminated places.

A graphic, written piece uses data to understand environmental justice in a community in Southeast Georgia. Environmental inequities are visualized through graphs and maps showing demographic …

The Ally Librarian, Marissa Mcclintock

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.