Digital Commons Network^™

Internal Compliance Officers In Jeopardy?, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Sectarianism And External Intervention: The Us Occupation Of Iraq And The Rise Of Political Sectarianism In The Arab World, Gamal M. Selim, Dalia Rushdy

Political Science

منذ أن تبلورت في البلاد العربية ظاهرة الهوية، لم تكن تلك الهوية تمثل أي تعارض مع الدين أو المذهب. كما أن التعدد الثقافي العربي وبما تضمنه من تنوع طائفي وإثني ظل سمة أصيلة من سمات المجتمعات العربية لعقود طويلة، وكان مصدرا مهما من مصادر الثراء والتنوع الثقافي والحضاري. لكن هذا التعدد تحول منذ الغزو الأمريكي للعراق عام 2003 من مصدر لإثراء المجتمع إلى سبب لهدمه وتفكيكه، حيث برزت مسألة الطائفية السياسية بقوة، وأصبحت إحدى أكثر المشكلات التي يعاني الوطن العربي من ويلاتها. ورغم أننا لا يمكن أن ننكر أن ظهور الطائفية في الدول العربية سابق على الغزو الأمريكي للعراق، إلا …

Dye Tracing Results From The Arbor Trails Sinkhole, Barton Springs Segment Of The Edwards Aquifer, Austin, Texas Bseacd Report Of Investigations 2013-0501, Barton Springs/Edwards Aquifer Conservation District

KIP Data Sets and Technical Reports

ABSTRACT On January 24, 2012, a 4.5 inch rainfall filled a Storm Water Retention Pond (SWRP) located in the recharge zone of the Barton Springs segment of the Edwards Aquifer with about 10 feet of stormwater. Subsequently, a cover-collapse sinkhole developed within the floor of the SWRP, measuring about 30 ft in diameter and 12 ft deep. About 7 million gallons of stormwater drained into the aquifer through this opening. To determine the path, velocity, and destination of stormwater entering the sinkhole, a dye trace was conducted. Phloxine B was injected into the sinkhole on February 3, 2012. The dye …

The Rule Of Three: Federal Courts And Prison Farms In The Post-Segregation South, Gregory Louis Richard

Electronic Theses and Dissertations

The following dissertation discusses the United States Federal Court judicial reform of prison farms in Arkansas, Mississippi, and Louisiana. More specifically, it examines the judicial and legislative history of the historic reform that includes the role of the individual judges that presided over the years of legislation necessary to bring Constitutional reforms to the state prison systems of the South. The judges and states in this study include J. Henley Smith of Arkansas, William C. Keady of Mississippi, and E. Gordon West of Louisiana. The research outlines an important aspect of the court system and the struggle between states and …

Access To Government Information Is A Foundation Of American Democracy—But The Courts Don't Get It, Frederick A. O. Schwarz Jr.

Oklahoma Law Review

No abstract provided.

History As Our Guide?: The Past As An Invisible Source Of Constitutionality In The Legislative Debates On The Alien Act In The United States (1798) And The Émigrés Problem In France (1791), Jelte Olthof

Saint Louis University Law Journal

No abstract provided.

The Collective Origins Of Toxic Air Pollution: Implications For Greenhouse Gas Trading And Toxic Hotspots, David E. Adelman

Indiana Law Journal

This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all outdoor sources of air toxics. This pattern spans multiple spatial scales, ranging from census tracts to the nation as a whole. However, it is most pronounced in metropolitan areas, which have the lowest air quality and are home to eighty percent of the U.S. population. …

Threshold Responses Of Forest Birds To Landscape Changes Around Exurban Development, Todd R. Lookingbill, Marcela Suarez-Rubio, Scott Wilson, Peter Leimgruber

Geography and the Environment Faculty Publications

Low-density residential development (i.e., exurban development) is often embedded within a matrix of protected areas and natural amenities, raising concern about its ecological consequences. Forest-dependent species are particularly susceptible to human settlement even at low housing densities typical of exurban areas. However, few studies have examined the response of forest birds to this increasingly common form of land conversion. The aim of this study was to assess whether, how, and at what scale forest birds respond to changes in habitat due to exurban growth. We evaluated changes in habitat composition (amount) and configuration (arrangement) for forest and forest-edge species around …

Neighbor-Love As A Keystone To Christian-Muslim Dialogue, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

Chapter by Brian Stiltner from a collection of essays edited by Marinus C. Iwuchukwu and Brian Stiltner.

"This is a collection of essays that address inter-faith dialogue between Muslims and Christians in America and Africa. It addresses the issues dealing with how some Christians depict America as founded on Christian principles, and how this might deter dialogue across different religions. The goal is to get people to converse, not as formulaic Muslims or Christians, but as people with complex, plural, and ever-changing identities that defuse religious antagonism"--Publisher website.

The Creation Of An American Collective Memory Of The First World War : 1917 -- 1941, Kimberly Jean Lamay

Legacy Theses & Dissertations (2009 - 2024)

Abstract

Competition And Crisis In Mortgage Securitization, Michael Simkovic

Indiana Law Journal

U.S. policy makers often treat market competition as a panacea. However, in the case of mortgage securitization, policy makers’ faith in competition is misplaced. Competitive mortgage securitization has been tried three times in U.S. history— during the 1880s, the 1920s, and the 2000s—and every time it has collapsed. Most recently, competition between mortgage securitizers led to a race to the bottom on mortgage underwriting standards that ended in the late 2000s financial crisis. This Article provides original evidence that when competition was less intense and securitizers had more buyer power, securitizers acted to monitor mortgage originators and to maintain prudent …

Plant Community Composition And Structure Monitoring For Agate Fossil Beds National Monument, 2012 Annual Report, Isabel W. Ashton, Stephen K. Wilson, Daniel J. Swanson, Michael Prowatzke, Phil Graeve

United States National Park Service: Publications

Executive Summary

Agate Fossil Beds National Monument (AGFO) plays a vital role in protecting and managing some of the last remnants of native mixed-grass prairie in the region. The Northern Great Plains Inventory & Monitoring Network (NGPN) and Fire Ecology Program (FireEP) surveyed 12 long-term monitoring plots in Agate Fossil Beds National Monument in 2012 as part of an effort to better understand the condition of plant communities in the park. We measured plant diversity and cover, looked for the presence of exotic species that may be newly invading the park, and evaluated the amount of human and natural disturbance …

Watchdog Or Lapdog? The Role Of U.S. Media In The International Humanitarian Intervention In Libya, Maggie Moore

Exchange: The Journal of Public Diplomacy

Do media influence government or does government influence media? This paper seeks to answer this question by examining the recent international humanitarian military intervention in Libya in 2011 to see what, if any, effect media played in the decision-making process. To determine which player, U.S. government or U.S. media, was the opinion leader persuading the other to support humanitarian military intervention, the author chronologically compared articles written in major U.S. newspapers and U.S. government statements. The author concludes that neither the U.S. government nor the U.S. media played the primary role in the case. Rather, opinion leaders were the most …

Parties, Leaders, And The National Debt, Daniel Palazzolo

Political Science Faculty Publications

There is widespread agreement that the United States is headed for a train wreck of massive proportions if its leaders do not address the problem of the national debt. However, the nation's leaders appear unable to agree to terms about a potential solution, a dynamic that poses fundamental concerns about the capacity of the constitutional system and ability of citizens to self-govern. The conventional wisdom holds that politicians are chiefly concerned about reelection, so they refuse to make tough choices that might offend constituencies and powerful interest groups. Of particular consequence is the growing polarization of the parties and inability …

Racial Justice, Hegemony, And Bias Incidents In U.S. Higher Education, Glyn Hughes

Sociology and Anthropology Faculty Publications

Formal administrative protocols for responding to bias incidents are now the norm in higher education. This article considers these developments by posing critical questions about racial justice work on campus, identifying key features of an under-acknowledged institutional racism, and contributing to discussions about ways that diversity and social justice efforts often reproduce rather than challenge systemic inequities.

Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price

Faculty Articles

Statelessness exists in the United States-a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …

League Structure & Stadium Rent Seeking - The Role Of Antitrust Revisited, David Haddock, Tonja Jacobi, Matthew Sag

Faculty Articles

Professional North American sporting teams receive enormous pub for new and renovated stadiums after threatening to depart their hometowns, or by actually moving elsewhere. In contrast, English sporting teams neither receive much public money for such projects, nor move towns. This Article argues that no inherent cultural or political transatlantic variations cause the differences; rather, it is the industrial organization of sports in the two countries-the structure of league control-that enables rent-seeking by American teams but not by their English counterparts. Cross-country time series data contrasting American professional football and baseball stadiums with English soccer grounds support our claim, as …

On “The Lure Of Strike”, Charles J. Dunlap Jr.

Faculty Scholarship

This commentary is in response to the special commentary, “The Lure of Strike” by Conrad Crane published in the Summer 2013 issue of Parameters (vol. 43, no. 2).

United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young

Faculty Scholarship

The Supreme Court’s recent decision in United States v. Windsor is best understood from a Legal Process perspective. Windsor struck down Section 3 of the federal Defense of Marriage Act (“DOMA”), which defined marriage as exclusively between a man and a woman for purposes of federal law. Much early commentary, including Professor Neomi Rao’s essay in these pages, has found Justice Kennedy’s opinion for the Court to be “muddled” and unclear as to its actual rationale. But the trouble with Windsor is not that the opinion is muddled or vague; the rationale is actually quite evident on the face of …

Improving (Software) Patent Quality Through The Administrative Process, Arti K. Rai

Faculty Scholarship

The available evidence indicates that patent quality, particularly in the area of software, needs improvement. This Article argues that even an agency as institutionally constrained as the U.S. Patent and Trademark Office (“PTO”) could implement a portfolio of pragmatic, cost-effective quality improvement strategies. The argument in favor of these strategies draws upon not only legal theory and doctrine but also new data from a PTO software examination unit with relatively strict practices. Strategies that resolve around Section 112 of the patent statute could usefully be deployed at the initial examination stage. Other strategies could be deployed within the new post-issuance …

Analogies And Institutions In The First And Second Amendments: A Response To Professor Magarian, Darrell A.H. Miller

Faculty Scholarship

In this essay, Professor Darrell Miller responds to Professor Gregory Magarian's criticism of the manner in which judges, advocates, and scholars have used the First Amendment to frame Second Amendment interpretive questions.

Strengthening Financial Reporting: An Essay On Expanding The Auditor’S Opinion Letter, James D. Cox

Faculty Scholarship

Users of financial statements, foremost of which are investors, have a voracious appetite for information that better enables them to assess the financial position and performance of the reporting firm. Even though financial statements purport to address their needs, because the statements, which are prepared by the firm’s managers, conceal a range of managerial estimates, assumptions, judgments, and choices, investors are deprived of the most fundamental kernel of information they seek, namely the overall quality of the financial reports themselves. In this Article, the author sets forth several modest steps that would enhance the overall quality of financial reporting by …

Founding Legal Education In America, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Regulating Shadows: Financial Regulation And Responsibility Failure, Steven L. Schwarcz

Faculty Scholarship

In the modern financial architecture, financial services and products increasingly are provided outside of the traditional banking system—and thus without the need for bank intermediation between capital markets and the users of funds. Most corporate financing, for example, no longer is dependent on bank loans but raised through special-purpose entities, money-market mutual funds, securities lenders, hedge funds, and investment banks. This shift, referred to as “disintermediation” and described as creating a “shadow banking” system, is so radically transforming finance that regulatory scholars need to rethink their assumptions. Two of the fundamental market failures underlying shadow banking—information failure and agency failure—were …

Reverse-Commandeering, Margaret Hu

Faculty Scholarship

Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anti-commandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …

United States: Mental Health Issues In An Adolescent Medicine Clinic Patient Population, Abdel Salous, Linah Al-Alem, Hatim A. Omar

Pharmacology and Nutritional Sciences Faculty Publications

The correlation between exposure to forms of violence and development of mental disorders in victims is well established. The purpose of this chapter was to identify mental health problems in an adolescent medicine clinic population in Lexington, Kentucky and to investigate potential correlation of mental disorders with psychosocial factors. Data were gathered from the charts of 169 adolescent clinic patients (age 10-22) seen in the clinic for mental health care and analyzed using Excel. Of the patient population, 68% were urban, whereas 32% were rural. In terms of gender, 40% of the patients were male and 60% were female, 80% …

Lead-Based Paint Awareness, Work Practices, And Compliance During Residential Construction And Renovation, James D. Blando, Nickita Antoine, Daniel Lefkowitz

Community & Environmental Health Faculty Publications

The U.S. Environmental Protection Agency recently implemented the Renovation, Repair and Painting (RRP) rule that applies to pre-1978 residences because of the potential presence of lead-based paint. Enforcement of this rule may be difficult and therefore it is crucial to understand the awareness and beliefs of contractors and the general public because these will likely be major determinants of exposures resulting from residential renovation work. The study described in this article utilized two mailed surveys: one directed to the general public and the other directed to contractors. The surveys were conducted in New Jersey and Virginia. Field observations were also …

Identifying Environmental Health Priorities In Underserved Populations: A Study Of Rural Versus Urban Communities, M. C. Bernhard, M. B. Evans, S. T. Kent, E. Johnson, S. L. Threadgill, S. M. Becker

Community & Environmental Health Faculty Publications

Objectives- Understanding and effectively addressing persistent health disparities in minority communities requires a clear picture of members' concerns and priorities. This study was intended to engage residents in urban and rural communities in order to identify environmental health priorities. Specific emphasis was placed on how the communities: defined the term environment; their perceptions of environmental exposures as affecting their health; specific priorities in their communities; and differences in urban versus rural populations.

Study design- A community-engaged approach was used to develop and implement focus groups and compare environmental health priorities in urban versus rural communities.

Methods- A total of eight …

Caveat Emptor, Lessons From The Eisenhower Presidency : A Comprehensive Overview Of The Politics Of Judicial Appointments And Ike's Three "Biggest Damn-Fooled Mistakes", Zachary Kaufman

Student Theses and Dissertations

No abstract provided.

Predicting Barriers To Primary Care For Patients With Disabilities: A Mixed Methods Study Of Practice Administrators, Jennifer Renee Pharr, Michelle Chino

Environmental & Global Health Faculty Research

Background. People with disabilities continue to be identified as a group who experience disparate health/health care. They are less likely to engage in some health care services. Structural barriers are often identified as one of the reasons for the underutilization of some health care services by people with disabilities. However, to date no study has been conducted to understand why structural barriers persist twenty years after the Americans with Disabilities Act (ADA) became law.

Objectives. We examined the relationship between primary care practice administrators’ knowledge of the ADA and the number of accessibility barriers that patients with mobility disabilities might …