Digital Commons Network^™

Stock-Market Law And The Accuracy Of Public Companies’ Stock Prices, Kevin S. Haeberle

Faculty Publications

The social benefits of more accurate stock prices—that is, stock-market prices that more accurately reflect the future cash flows that companies are likely to produce—are well established. But it is also thought that market forces alone will lead to only a sub-optimal level of stock-price accuracy—a level that fails to obtain the maximum net social benefits, or wealth, that would result from a higher level. One of the principal aims of federal securities law has therefore been to increase the extent to which the stock prices of the most important companies in our economy (public companies) contain information about firms’ …

An Historical Study Of The Contributions Of Jane Frazee To Music Education In The United States, Erica Kupinski

Electronic Theses and Dissertations

Abstract: this study documents Jane Frazee's career as a teacher, an administrator, and an author. The aim is to survey her contributions to music education and Orff Schulwerk in the United States from 1960 to 2015. The methodology includes email correspondences with Frazee, as well as interviews and email correspondences with her former students and colleagues. Relevant books, journal articles, master's theses, and dissertations were also reviewed. Jane Frazee is an American Orff teacher, author, and a pioneer member and past-president of the American Orff Schulwerk Association (AOSA). She has taught music to both children and adults using the Orff …

Innovation In Robotic Space Mining Through The Nasa Robotic Mining Competition, Nicholas Allen

Undergraduate Theses and Senior Projects

No abstract provided.

Money And Art : Financial Management Of Arts Organizations, Kristin Canham

Undergraduate Theses and Senior Projects

No abstract provided.

Context-Dependent Conservation Responses To Emerging Wildlife Diseases, Kate E. Langwig

KIP Articles

No abstract provided.

"Dollars Damn Me": Editorial Politics And Herman Melville's Periodical Fiction, Timothy R. Morris

Theses and Dissertations

To illustrate Melville’s navigation of editorial politics in the periodical marketplace, this study analyzes two stories Melville published in Putnam’s in order to reconstruct the particular historical, editorial, social, and political contexts of these writings. The first text examined in this study is “Bartleby,” published in Putnam’s in November and December of 1853. This reading recovers overtures of sociability and indexes formal appropriations of established popular genres in order to develop an interpretive framework. Throughout this analysis, an examination of the narrator’s ideological bearings in relation to the unsystematic implementation of these ideologies in American public life sets forth a …

Humanitarian Intervention At Mt. Sinjar, Iraq: A Complex Adaptive System Analysis, Trevor C. Jones

Electronic Theses and Dissertations

Late in the summer of 2014, tens of thousands of persecuted minorities fled a genocidal onslaught and took refuge on Mt. Sinjar in Iraq. Stranded by indiscriminate ISIS mortar fire, the group known as the Yezidi faced dehydration and exposure to extreme temperatures on the barren mountain. Ten days later the majority of the trapped Yezidi individuals had escaped through a protected corridor on the ground. This paper analyzes the international response to the Complex Emergency (CE) through network analysis as an alternative to existing civil-military frameworks. Complex Adaptive System (CAS) analysis is used to explain actions in a non-hierarchical …

Should The Irs Never "Target" Taxpayers? An Examination Of The Irs Tea Party Affair, Philip T. Hackney

Journal Articles

This article is part of a symposium held at Valparaiso University Law School entitled "Money in Politics: The Good, the Bad and the Ugly."

In 2013, the Treasury Inspector General for Tax Administration faulted the Internal Revenue Service for the appearance of impartiality because it used names and policy positions such as “Tea Party” and conservative ideology to pick applications for tax-exempt status for greater scrutiny. The Inspector General's review came after members of Congress accused the Service of "targeting" conservative organizations. This Article finds the Inspector General's claim lacks a firm foundation. The use of names to select organizations …

Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett

Journal Articles

The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer's failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with "indirect evidence" of …

The Role Of Political Culture In Understanding Inconsistencies Between International And Domestic Privacy Law In France And The United States, Mallory Kruper

Senior Independent Study Theses

In evaluating the role of international law, most scholarship focuses on how international laws, treaties and courts function and are enforced. However, to best understand how international laws are created, as well as how they are internalized within individual countries’ judicial systems, it is also necessary to look at the normative side of international law. This project applies the theory of transnational legal process to examine how recognized international norms are uniquely recognized by different legal systems. More specifically, I analyze how political culture affects the level of consistency between international privacy norms and domestic law through the study of …

Hymenolepis Folkertsi N. Sp. (Eucestoda: Hymenolepididae) In The Oldfield Mouse Peromyscus Polionotus (Wagner) (Rodentia: Cricetidae: Neotominae) From The Southeastern Nearctic With Comments On Tapeworm Faunal Diversity Among Deer Mice, Arseny A. Makarikov, Todd N. Nims, Kurt E. Galbreath, Eric P. Hoberg

Harold W. Manter Laboratory of Parasitology: Faculty Publications

A previously unrecognized species of hymenolepidid cestode attributable to Hymenolepis is described based on specimens in Peromyscus polionotus, oldfield mouse, from Georgia, United States, near the southeastern coast of continental North America. Specimens of Hymenolepis folkertsi n. sp. differ from those attributed to most other species in the genus by having testes arranged in a triangle and a scolex with a prominent rostrum-like protrusion. The newly recognized species is further distinguished by the relative position and length of the cirrus sac, shape of seminal receptacle, and relative size of external seminal vesicle and seminal receptacle. Hymenolepidid cestodes have sporadically …

Human–Carnivore Interactions: Lessons Learned From Communities In The American West, Julie K. Young, Zhao Ma, Ann Laudati, Joel Berger

United States Department of Agriculture Wildlife Services: Staff Publications

Types, causes, and intensity of human–carnivore interactions are related to historical context, management policy, and human perception. We used four rural communities in the American West with varying histories and management policies to assess the complexities of human–carnivore interactions and to determine factors influencing individual willingness to coexist with carnivores. By analyzing focus group and interview data from 49 community members, we found that human perceptions towards carnivores and their management were influenced by self-perceived knowledge about carnivores, ability to be heard and have a voice in management decisions, and economic concerns rather than ecological factors. Willingness to coexist with …

Catherine Lennon's Story: Lessons From Front Line Advocacy On The Human Right To Housing, Rob Robinson

Journal of Law and Social Policy

Discusses the United States housing crisis, where four and a half million families were foreclosed on between 2008 and 2013. Families who lacked universal or adequate health insurance, found the physical pain and suffering of a loved one was soon followed by the economic pain and suffering associated with the high costs of health care. The human reality of this suffering is reflected by the story of New York state resident Catherine Lennon. Ensuring the pay out to Bank of America was the law firm of Steven J. Baum, the notorious New York based foreclosure mill, which has since been …

United States Multilateral Policy In Dealing With North Korea, Alex Guarino

Dissertations and Theses

No abstract provided.

A Better Death In Britain?, Barbara A. Noah

Faculty Scholarship

In the United States, patients and physicians often avoid discussing the inevitability of death and planning for it. As a result, opportunities are missed to make choices that comport with patients’ values and preferences. In the absence of such decisions, the default model is to “err on the side of life,” which often results in overtreatment or inappropriate prolongation of life and avoidable suffering. This Article discusses the United States' end-of-life training and care and Britain’s Liverpool Care Pathway as related to end-of-life care availability, quality, and cost. It further sets forth the argument that while the United States' medical …

Petition For Writ Of Certiorari, Kosilek V. O'Brien, Jennifer Levi, Joseph L. Sulman, Abigail K. Hemani, Michele E. Connolly, James P. Devendorf, Jamie A. Santos, Christine Dieter

Faculty Scholarship

Jennifer Levi, on behalf of Gay & Lesbian Advocates & Defenders, was one of the Authors of the Petition for Writ of Certiorari, filed in the Supreme Court of the United States on behalf of the Petitioner, Michelle Kosilek, in Kosilek v. O'Brien. Questions presented to the Court by the Petitioner were 1.) whether appellate courts must parse “ques­tions that present elements both factual and legal” into their factual and legal components, so that all factual findings can be reviewed for clear error, or whether, as the First Circuit ruled, they may review such questions as a whole along …

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …

Inefficiency Of United States Maternity Leave Policies, Kimberly Merkley

AWE (A Woman’s Experience)

In the United States, many aspects of the workplace are incompatible with motherhood. These include lack of childcare facilities, inflexibility of workplace hours, and the large amounts of time required to attain top positions. One of the most widespread deficiencies in all industries and workplaces is maternity leave, which is neglected at both the state and federal level. Consequently, a woman is often given little or no job protection, let alone compensation or benefits, while focused on the birth and early nurturing of her child. The United States falls well behind other developed and developing countries in this area.

Educación Legal En Los Estados Unidos Ii: Educación De Postgrado, Educación Continuada, Y Consideraciones Comparativas, Maria Elena Cobas Cobiella, M C. Mirow

Faculty Publications

This series of two articles describes the most important features of legal education in the United States. Part I, published previously in this journal, discusses law schools and the juris doctor. Part II, published here, discusses graduate legal education, continuing legal education, and some comparative aspects of U.S. legal education in light of the Bologna Plan.

Educación Legal En Los Estados Unidos I: Facultades De Derecho Y El Juris Doctor, Maria Elena Cobas Cobiella, M C. Mirow

Faculty Publications

This series of two articles describes the most important features of legal education in the United States. Part I, found here, discusses law schools and the juris doctor. Part II, published later in the same journal, discusses graduate legal education, continuing legal education, and some comparative aspects of U.S. legal education in light of the Bologna Plan.

A View From The Sky: A General Overview About Civil Litigation In The United States With Reference To The Relief In Small And Simple Matters, Manuel A. Gómez, Juan Carlos Gómez

Faculty Publications

This article, which is based on the research conducted for the General Report ‘Relief in Small and Simple Matters in an Age of Austerity’ presented at the XV World Congress of Procedural Law, provides a contextualised and broad overview of these phenomena in the United States. After describing the general features of the federal and state judiciaries, including its adversarial model of judging, and the importance of the jury system, the article turns its attention to discuss the factors that affect the cost of litigation in the United States, the different models of litigation funding, the available legal aid mechanisms, …

Negative Feedbacks On Bark Beetle Outbreaks: Widespread And Severe Spruce Beetle Infestation Restricts Subsequent Infestation, Sarah J. Hart, Thomas T. Veblen, Nathan Mietkiewicz, Dominik Kulakowski

Geography

Understanding disturbance interactions and their ecological consequences remains a major challenge for research on the response of forests to a changing climate. When, where, and how one disturbance may alter the severity, extent, or occurrence probability of a subsequent disturbance is encapsulated by the concept of linked disturbances. Here, we evaluated 1) how climate and forest habitat variables, including disturbance history, interact to drive 2000s spruce beetle (Dendroctonus rufipennis) infestation of Engelmann spruce (Picea engelmannii) across the Southern Rocky Mountains; and 2) how previous spruce beetle infestation affects subsequent infestation across the Flat Tops Wilderness in northwestern Colorado, which experienced …

Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks

Faculty Journal Articles and Book Chapters

This chapter explores the aspects of self-interest implicated by the US military prosecuting its own service members who violate the laws of war under different criminal charges than it prosecutes enemy belligerents who commit substantially similar offences. The chapter briefly explains how the US asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the …

Defending American Religious Neutrality, Mark Goldfeder

Scholarly Works

Scholars who write about the US Supreme Court's religious liberty jurisprudence typically lambaste the Court for its supposedly secularist or allegedly religious sympathies, or for inconsistencies in its rulings and norms. Andrew Koppelman takes a different approach in this aging but still timely book about the tradition and enduring relevance of religious "neutrality" in American constitutional law.

[Introduction To] Presidential Leadership And African Americans: "An American Dilemma" From Slavery To The White House, George R. Goethals

Bookshelf

Presidential Leadership and African Americans examines the leadership styles of eight American presidents and shows how the decisions made by each affected the lives and opportunities of the nation’s black citizens. Beginning with George Washington and concluding with the landmark election of Barack Obama, Goethals traces the evolving attitudes and morality that influenced the actions of each president on matters of race, and shows how their personal backgrounds as well as their individual historical, economic, and cultural contexts combined to shape their values, judgments, and decisions, and ultimately their leadership, regarding African Americans.

Taxation And Inequality In Canada And The United States: Two Stories Or One?, Richard M. Bird, Eric M. Zolt

Osgoode Hall Law Journal

Canada and the United States have both experienced a substantial increase in income inequality over the last several decades. In this article, we examine the complex interaction of income inequality with tax and transfer systems in Canada and the United States. We begin by comparing the data on taxation and expenditure to understand the similarities and differences between the two countries. We then consider how changes to tax and transfer policies have affected the levels of inequality in both countries. The article concludes by offering some policy recommendations that each country may consider to address the increasing levels of inequality.

Dynamic Triggering In The Coso Geothermal Field, 2004-2013, Richard A. Alfaro-Diaz

Open Access Theses & Dissertations

We take advantage of EarthScope’s USArray Transportable Array (TA), regional seismic networks to investigate 154 M ≥ 7 earthquakes over a ten-year period (2004- 2013), in search of remotely triggered seismicity within the continental United States. We conduct an automated search to detect high frequency signals (which may indicate triggering of small local earthquakes) using a time window of 5 hours before and after each mainshock. The automated detection applies a short-term average (STA) to long-term-average (LTA) algorithms, to create a catalogue of detections. Using the catalog we search for an increase in detection rates after each main-shock. Sharp increases …

Robotic Marriage And The Law, Mark Goldfeder, Yosef Razin

Scholarly Works

The United States, and the world at large, is in the midst of a family law revolution that will fundamentally change our very conception of family. Ethical challenges to age-old ideas have prompted people to ask foundational questions, such as how and why our most important personal relationships evolved. In a world where same-sex marriage has been legalized, it is only natural to wonder who marriage may include in the future. This essay explores the question of whether a human and a robot could ever legally marry in the United States. Through a thought experiment, it examines the legal and …

Medical Cannabis In The United States: Policy, Politics And Science, Jelica Grbic

Theses: Doctorates and Masters

Historically, cannabis has been used as a pharmaceutical drug for a variety of conditions including rheumatism, depression, convulsions, and malaria. Since the 1970s, randomised, controlled clinical trials have shown cannabis to be effective in the treatment of debilitating medical conditions including nausea and vomiting resulting from cancer chemotherapy, wasting syndrome associated with HIV/AIDS, and chronic pain. Despite scientific evidence, as of 2011, when the material for this thesis was collected, only 17 states of the United States (U.S.) and the District of Columbia had enacted medical cannabis laws allowing patients with specific medical conditions to use cannabis without being criminally …

Continuing To Confront Copd International Physician Survey: Physician Knowledge And Application Of Copd Management Guidelines In 12 Countries, Kourtney J. Davis, Sarah H. Landis, Yeon-Mok Oh, David M. Mannino, Meilan K. Han, Thys Van Der Molen, Zaurbek Aisanov, Ana M. Menezes, Masakazu Ichinose, Hana Muellerova

Preventive Medicine and Environmental Health Faculty Publications

AIM: Utilizing data from the Continuing to Confront COPD (chronic obstructive pulmonary disease) International Physician Survey, this study aimed to describe physicians' knowledge and application of the GOLD (Global initiative for chronic Obstructive Lung Disease) Global Strategy for the Diagnosis, Management and Prevention of COPD diagnosis and treatment recommendations and compare performance between primary care physicians (PCPs) and respiratory specialists.

MATERIALS AND METHODS: Physicians from 12 countries were sampled from in-country professional databases; 1,307 physicians (PCP to respiratory specialist ratio three to one) who regularly consult with COPD, emphysema, or chronic bronchitis patients were interviewed online, by telephone or face …