Digital Commons Network^™

The Orderly Liquidation Authority: Friend Or Foe?, S. Ari Mushell

Documents

No abstract provided.

Money Market Fund Reform; Amendments To Form Pf, United States: Securities And Exchange Commission (Sec)

Documents

Release No. 33-9616, IA-3879; IC-31166; FR-84; File No. S7-03-13

Buffalo Cooperative Federal Credit Union 2014 Capital Survey, United States: Department Of The Treasury

Documents

No abstract provided.

Ernst & Young Global Review 2014, Ernst & Young (Ey Llp)

Documents

No abstract provided.

Writing Development Of Spanish-English Bilingual Students With Language Learning Disabilities, Robin L. Danzak, Elaine R. Silliman

Communication Disorders Faculty Publications

This chapter addresses Spanish-speaking, English Language Learners (ELLs) in the United States (U.S.) who are sequential bilinguals; that is, oral and written English is acquired as a second language (L2) at school. Within this population, substantial variation exists with regard to individual students’ language and literacy learning experiences. The specific focus here is the writing patterns of ELLs with atypical language development, who often present with multiple complexities in authenticating their language learning profiles in both Spanish and English.

Wheel Of Innovation : How Leaders' Attitudes And Behaviors Drive Disruptive Technology In The U.S. Navy, Eddy Wayne Witzel

Dissertations

Problem and Purpose

Innovative solutions in national defense are needed to respond to national security threats in our uncertain environment. Leader attitudes and behaviors have a substantial impact on innovation. Unfortunately we did not completely understand the effect of leader attitudes and behaviors on innovation and the team dynamics that lead to innovation, especially in the military. The purpose of this study was to determine how leadership attitudes and behaviors contribute to product innovation within the U.S. Navy and how leadership emerges within this complex adaptive system of innovation.

Method

The research was a qualitative design based on a multiple …

From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars, Mirko Bagaric

Michigan Journal of Race and Law

Dealing with criminals and preventing crime is a paramount public policy issue. Sentencing law and practice is the means through which we ultimately deal with criminal offenders. Despite its importance and wide-ranging reforms in recent decades, sentencing remains an intellectual and normative wasteland. This has resulted in serious human rights violations of both criminals and victims, incalculable public revenue wastage, and a failure to implement effective measures to reduce crime. This Article attempts to bridge the gulf that exists between knowledge and practice in sentencing and lays the groundwork for a fair and efficient sentencing system. The Article focuses on …

Spillover Across Remedies, Michael Coenen

Journal Articles

Remedies influence rights, and rights apply across remedies. Combined together, these two phenomena produce the problem of spillover across remedies. The spillover problem occurs when considerations specific to one remedy affect the definition of a substantive rule that governs in other remedial settings. For example, the severe remedial consequences of suppressing incriminating evidence might generate substantive Fourth Amendment precedents that make other Fourth Amendment remedies (such as damage awards, injunctions, or ex ante denials of search warrants) more difficult to obtain. Or, the rule of lenity might yield a narrowed reading of a statutory rule in a criminal case, which …

A Practical Alternative; Swiss And American Republicanism In The 'Age Of Revolution' And Beyond, Alexander Gambaccini

Dissertations and Theses

No abstract provided.

Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai

Faculty Scholarship

This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …

Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler

All Faculty Scholarship

This Article traces the history of capital punishment in America. It describes the death penalty's curtailment in colonial Pennsylvania by William Penn, and the substantial influence of the Italian philosopher Cesare Beccaria -- the first Enlightenment thinker to advocate the abolition of executions -- on the Founding Fathers' views. The Article also describes the transition away from "sanguinary" laws and punishments toward the "penitentiary system" and highlights the U.S. penal system's abandonment of non-lethal corporal punishments.

Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis

Case Western Reserve Journal of International Law

No abstract provided.

Is Environmental Concern In Advertising Related To The State Of The Economy? An Exploratory Study From The Wall Street Journal 2007-2011, Lindsay Larson, Luther T. Denton, Anni Rainio

AMTP Proceedings 2014

This study is an attempt to determine the relationship between the prevalence of environmental cues in advertisements and the state of the U.S. economy. Advertisements sampled from the Wall Street Journal, a preeminent daily business news publication in the United States, were examined during the years 2007, 2009, and 2011 to determine this relationship. While few direct environmental appeals were found within the sample of advertisements, a variety of indirect environmental cues were utilized for analysis. The results show that there is a quadratic relationship between advertisers’ use of indirect environmental cues and the state of the economy, such that …

Just Farming: An Environmental Justice Perspective On The Capacity Of Grassroots Organizations To Support The Rights Of Organic Farmers And Laborers, Rebecca Elaine Berkey

Antioch University Dissertations & Theses

This mixed methods study builds upon literature and research in environmental justice, public participation, and community development to examine how justice-related issues impact farmers and workers on organic farms in the Northeastern United States. It also examines how involvement in a grassroots organization helps farmers and workers address these issues. At the core of the study is an exploration of environmental justice and its applications at a broad, systemic level; an examination of the current context of laborers in organic agriculture in the Northeast; and finally an investigation of the effects of grassroots organizing within the Northeast Organic Farming Association …

Federalism As A Way Station: Windsor As Exemplar Of Doctrine In Motion, Neil S. Siegel

Faculty Scholarship

This Article asks what the Supreme Court’s opinion in United States v. Windsor stands for. It first shows that the opinion leans in the direction of marriage equality but ultimately resists any dispositive “equality” or “federalism” interpretation. The Article next examines why the opinion seems intended to preserve for itself a Delphic obscurity. The Article reads Windsor as an exemplar of what judicial opinions may look like in transition periods, when a Bickelian Court seeks to invite, not end, a national conversation, and to nudge it in a certain direction. In such times, federalism rhetoric—like manipulating the tiers of scrutiny …

Who Can’T Raise Capital? The Scylla And Charybdis Of Capital Formation, James D. Cox

Faculty Scholarship

There has long been complaints that the heavy regulatory hand of Blue Sky Law administrators prevents capital formation by small issuers. Using data recently collected by the SEC, the article reasons that the problems capital starved small issuers encounter is not the state regulator. The problems are elsewhere. The paper explores whether intermediation may ultimately enable more startups to raise needed funds. For this to occur, however, the paper explores the formidable obstacles the broker must overcome in meeting demanding suitability requirements.

Turning The World Upside Down: How Frames Of Reference Shape Environmental Law, James Salzman, Martin Doyle

Faculty Scholarship

Models and representations help us understand complex phenomena. The Mercator map presents a familiar, two-dimensional view of our three-dimensional world, for example, but it can distort as much as it clarifies. In the natural sciences, too, there are very different ways of framing reality. The classic method developed by Leonard Euler measures a system from a fixed point. A competing method developed by Joseph Louis Lagrange measures from the perspective of a particle moving within the system. These Eulerian and Lagrangian methods of measurement dominate the physical sciences and provide different, though equally valid, measures of how the system operates. …

Elhauge On Tying: Vindicated By History, Barak D. Richman, Steven W. Usselman

Faculty Scholarship

No abstract provided.

Götterdämmerung, Lawrence G. Baxter

Faculty Scholarship

In his panel remarks on the future direction of financial regulation after the 2012 elections, Professor Lawrence Baxter argues that the age of large banks and “too big to fail” is destined to come to an end, but not through the traditional avenue of governmental oversight. Baxter starts by detailing the warning signs that illuminate the unsustainable nature of the current financial model and moves to a discussion on the deficiencies of modern banking regulations. Some hope for an end to giant banking behemoths, Baxter finally posits, lies in stricter market discipline and a realization that smaller, less-complex banks provide …

Segregation In United States Healthcare: From Reconstruction To Deluxe Jim Crow, Kerri L. Hunkele

Honors Theses and Capstones

During the time period between Reconstruction and the Deluxe Jim Crow era, African Americans were legally oppressed, which hindered their ability to live fully and equally in society with whites. This was especially true in terms of healthcare. Segregation laws were implemented to separate blacks from the rest of society in everyday life; the worst of these laws affected the ability of African Americans to gain access to medical care that was equal to whites. This inequality prevented blacks from being accepted into society and from living quality lives that stem from adequate healthcare. Although the federal and state governments …

Final Volcker Rule, Davis Polk & Wardwell Llp

Documents

Flowcharts: Prop Trading

How Social Media Affect The Social Identity Of Mexican Americans, Kaitlin Eve Felsted

Theses and Dissertations

This is a thesis conducted qualitatively using the Grounded Theory approach where in-depth interviews were conducted with 12 legal Mexican Americans in order to understand how social media affect Mexican Americans' social identity. This effect was understood by discovering the relationships between social identity theory and integration. Results showed that Mexican Americans felt that social media helped them with their English skills and connected them to their friends and family in Mexico. Mexican Americans were able to use social media to connect to their in-group community, and Mexican American community leaders were able to connect Mexicans to their in-group within …

Annals Of Crony Capitalism: Revisiting The Aig Bailout, Malcom S. Salter

Documents

No abstract provided.

An International Review Of Occ's Supervision Of Large And Midsize Institutions, United States: Department Of The Treasury: Office Of The Comptroller Of The Currency (Occ)

Documents

AN INTERNATIONAL REVIEW OF OCC'S SUPERVISION OF LARGE AND MIDSIZE INSTITUTIONS: RECOMMENDATIONS TO IMPROVE SUPERVISORY EFFECTIVENESS

Shadow Banking, Zoltan Pozsar, Tobias Adrian, Adam Ashcraft, Hayley Boesky

Documents

No abstract provided.

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Faculty Publications

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This Article proposes …

Occupational Injuries On Thoroughbred Horse Farms: A Description Of Latino And Non-Latino Workers' Experiences, Jennifer E. Swanberg, Jessica M. Clouser, Susan C. Westneat, Mary W. Marsh, Deborah B. Reed

Health, Behavior & Society Faculty Publications

Animal production is a dangerous industry and increasingly reliant on a Latino workforce. Within animal production, little is known about the risks or the occupational hazards of working on farms involved in various aspects of thoroughbred horse breeding. Extant research suggests that horse workers are at risk of musculoskeletal and respiratory symptoms, kicks, and other injuries. However, limited known research has examined the experiences of the industry's workers, including immigrant workers, despite their prominence and increased vulnerability. Using data collected from thoroughbred farm representatives via a phone-administered survey, a 2-hour face-to-face semi-structured interview, and farm injury logs, this article identifies …

Two Phase 3, Multicenter, Randomized, Placebo-Controlled Clinical Trials Of Fampridine-Sr For Treatment Of Spasticity In Chronic Spinal Cord Injury., D. D. Cardenas, J. F. Ditunno, V. Graziani, A. B. Mclain, D. P. Lammertse, P. J. Potter, M. S. Alexander, R. Cohen, A. R. Blight

Department of Rehabilitation Medicine Faculty Papers

STUDY DESIGN: Two randomized, double-blind, placebo-controlled trials.

OBJECTIVE: To evaluate the efficacy and safety of fampridine sustained-release tablets (fampridine-SR) 25 mg twice daily for moderate-to-severe spasticity in patients with chronic spinal cord injury (SCI).

SETTING: United States and Canada.

METHODS: Patients with incomplete chronic SCI were randomized to twice daily fampridine-SR 25 mg or placebo, with a 2-week single-blind placebo run-in, a 2-week titration, 12 weeks of stable dosing, 2 weeks of downward titration and 2 weeks of untreated follow-up. Co-primary end points were the change from baseline, averaged over the double-blind treatment period, for Ashworth score (bilateral knee flexors …

Did Tarp Banks Get Competitive Advantages?, Allen N. Berger, Raluca A. Roman

Documents

No abstract provided.

Garn-St Germain Depository Institutions Act Of 1982, Gillian Garcia

Documents

No abstract provided.