Digital Commons Network^™

Accelerating Anthropogenic Land Surface Change And The Status Of Pleistocene Drumlins In New England, Deborah W. Woodcock, John S. Rogan, Samuel D. Blanchard

Geography

Drumlins are glacially derived landforms that are prominent in the landscape over much of southern New England. We carried out a comprehensive ground-based survey in a three-town study area in eastern Massachusetts with the goals of establishing the extent to drumlins have been altered and assessing the associated environmental consequences and probable driving factors. Results show that many drumlins have been significantly altered through levelling and truncation (creation of steep cut and fill slopes), with projects involving movement of 1-1.5×106 m3 of earth materials not now uncommon. Stormwater and wetlands infractions were documented at all the larger excavation sites and …

Correspondents' Reports, Chris Jenks

Faculty Journal Articles and Book Chapters

This correspondent report compiles examples of where and how the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in 2012.

Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

One of the most controversial uses of prosecutorial discretion in plea bargaining concerns cases involving weak evidence of guilt. When a prosecutor bargains about the charges or even the facts in a case with weak evidence, at least three problems may arise. First, if the charge bargain is generous, it may coerce an innocent defendant to plead guilty. Second, such a bargain may let a guilty defendant off too easily, thus disserving the public and victim’s interests. Third, if the parties bargain about the facts, the result may distort the truth of the case.

In this book chapter, I examine …

Argumentation And Debate In The Foreign Language Classroom: Russian And American University Students Collaborating Through New Technologies, N. Anthony Brown, Ekaterina V. Talalakina, Irina V. Yakusheva, Dennis L. Eggett

Russian Language Journal

As pressure to articulate clear learning outcomes has increased in recent years, many foreign language departments across the United States have drawn on proficiency guidelines established by the American Council on the Teaching of Foreign Languages (ACTFL) to define expectations of their curricula. Misguided perceptions in the past about the “hardness” of the discipline frequently stemmed from a combination of instructors relying on arbitrary measures rather than nationally recognized standards, and administrators failing to provide financial support needed to carry out proficiency testing.

Jefferson Alumni Bulletin – Volume 61, Number 1, Winter 2012

The Bulletin (formerly the Jefferson Medical College Alumni Bulletin)

Features:

• The Gift of Time for Patients with Advanced Bile Duct Cancer
• Celiac Disease: Overcoming a Stealth Public Health Menace
• Light Therapy for a Blue Planet and Beyond

Eae/Ase Recommendations For Image Acquisition And Display Using Three-Dimensional Echocardiography., Roberto M. Lang, Luigi P. Badano, Wendy Tsang, David H. Adams, Eustachio Agricola, Thomas Buck, Francesco F. Faletra, Andreas Franke, Judy Hung, Leopoldo Pérez De Isla, Otto Kamp, Jaroslaw D. Kasprzak, Patrizio Lancellotti, Thomas H. Marwick, Marti L. Mcculloch, Mark J. Monaghan, Petros Nihoyannopoulos, Natesa G. Pandian, Patricia A. Pellikka, Mauro Pepi, David A. Roberson, Stanton K. Shernan, Girish S. Shirali, Lissa Sugeng, Folkert J. Ten Cate, Mani A. Vannan, Jose Luis Zamorano, William A. Zoghbi, American Society Of Echocardiography, European Association Of Echocardiography

Manuscripts, Articles, Book Chapters and Other Papers

No abstract provided.

Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Rethinking The Neighborhood Watch: How Lessons From The Nigerian Village Can Creatively Empower The Community To Assist Poor, Single Mothers In America, Dehlia Umunna

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Borrowers May Not Benefit From The Mortgage Settlement Agreement Of 2012 Without A True Private Right Of Action, Marissa Diaz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Litigant Consent: The Missing Link For Permissible Jurisdiction For Final Judgment In Non-Article Iii Courts After Stern V. Marshall, Jillian M. Clouse

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Chamber Of Commerce Of The United States V. Whiting: Giving The Green Light To States' Broad Use Of Immigration-Related Employer Sanctions, Bianca B. Garcia

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Circuit Supreme: How The D.C. Circuit Court Is Using A Presumption Of Regularity In Latif V. Obama To Make New Law And Ensure No Detainees Are Released From Guantanamo Bay, Bonnie Lindemann

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Fp-12-09 Fatherhood In The U.S.: The Decoupling Of Marriage And Childbearing, Krista K. Payne

National Center for Family and Marriage Research Family Profiles

No abstract provided.

The Value Of "Green:" Evidence From The First Mandatory Residential Green Building Program, Ramya R. Aroul, J. Andrew Hansz

Finance Faculty Publications

There has been recent interest in green building and development practices and research. Resulting from growing environmental awareness and concerns, mandatory residential green building programs have been implemented nationally at the municipal level and Texas has passed legislation to create a statewide program. However, the impact of greenness on residential property values has not been rigorously evaluated. This study examines residential transaction prices in two cities and finds a statistically significant premium associated with "green" properties. Additionally, there is evidence of a larger premium associated with green properties located in Frisco, Texas which has the nations first mandatory green building …

Some Preliminary Thoughts On The Law Of Neighbors, Jim Smith

Scholarly Works

A fundamental characteristic of real property law, one that is definitional in nature, is that its subject matter consists of land parcels. A land parcel, in contrast to an ownership interest such as a fee simple estate, is not an abstraction. Each land parcel has a physical reality, and virtually all land parcels abut other parcels. Each parcel has one particular location, defined by its proximity to other pieces of property. The value of a land parcel depends heavily upon its location, and the nature of neighboring parcels has a major impact in determining that value.

Owners of neighboring parcels …

Edzia Carvalho On Human Rights In The Global Political Economy: Critical Processes. By Tony Evans. Boulder, Co: Lynne Rienner Publishers, 2011. 232pp., Edzia Carvalho

Human Rights & Human Welfare

A review of:

Human Rights in the Global Political Economy: Critical Processes. By Tony Evans. Boulder, CO: Lynne Rienner Publishers, 2011. 232pp.

Direct And Indirect U.S. Government Debt, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Lymph Node Ratio Is An Important And Independent Prognostic Factor For Patients With Stage Iii Melanoma., Adam C. Berger, Michael Fierro, John C Kairys, David Berd, Takami Sato, Jocelyn Andrel, Terry Hyslop, Michael J Mastrangelo

Department of Surgery Faculty Papers

INTRODUCTION: The incidence of melanoma is dramatically increasing worldwide. We hypothesized that the ratio of metastatic to examined lymph node ratio (LNR) would be the most important prognostic factor for stage III patients.

METHODS: We retrospectively reviewed our institutional database of melanoma patients and identified 168 patients who underwent lymph node dissection (LND) for stage III disease between 1993 and 2007. Patients were divided into three groups based on LNR (≤10%, n = 93; 10-≤25%, n = 45; and >25%, n = 30). Univariate and multivariate analysis was performed using Cox proportional hazards model.

RESULTS: The median survival time of …

Should Foreign Patent Law Matter?, Timothy R. Holbrook

Campbell Law Review

One of the most controversial issues in American law today is the extent to which it is appropriate for courts to consider foreign law when deciding issues of United States law. The debate has engaged the courts, Congress, and commentators, leading to discussions about completely banning references to non-United States law by courts. The reality is, however, that the United States courts often have to address or apply foreign law.

Change To The Best Mode Requirement In The Leahy-Smith America Invents Act: Why Congress Got It Right, Andrew R. Shores

Campbell Law Review

The Leahy-Smith America Invents Act (AIA), signed into law on September 16, 2011, represents the most significant overhaul of the United States Patent system since the Patent Act of 1952. In addition to making the United States a “first-to-file” system, which is more in line with the patent law of other countries, the act institutes numerous other changes aimed at ensuring that the United States “maintains its competitive edge in the global economy.” One of these changes eliminates failure to disclose the best mode as a defense in patent infringement litigation. Proponents applaud the change for the positive effect it …

Out Of Sight, Out Of Mind? Why The Lanham Act Needs To Be Brought Into The Digital Millennium, M. Lee Taft

Campbell Law Review

This Comment provides a brief overview of trademark law as specifically applied in the context of the Internet, and also looks at the substantial differences in how that law is applied in various jurisdictions. Part I of the Comment briefly discusses the protections offered by the Lanham Act. Part II discusses the Lanham Act as applied to the Internet, specifically in the context of website meta tags. Part III discusses how recent decisions have ruled on the buying and selling of keywords. Part IV discusses recent rulings on using trademarked terms as meta tags. Finally, Part V discusses potential changes …

Not The Power To Destroy: An Effects Theory Of The Tax Power, Neil S. Siegel, Robert D. Cooter

Faculty Scholarship

The Supreme Court’s “new federalism” decisions impose modest limits on the regulatory authority of Congress under the Commerce Clause. According to those decisions, the Commerce Clause empowers Congress to use penalties to regulate interstate commerce, but not to regulate noncommercial conduct. What prevents Congress from penalizing non-commercial conduct by calling a penalty a tax and invoking the Taxing Clause? The only obstacle is the distinction between a penalty and a tax for purposes of Article I, Section 8. In National Federation of Independent Business v. Sebelius (NFIB), the Court considered whether the minimum coverage provision in the Patient …

The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel

Faculty Scholarship

In this Article, the authors show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that …

The Great American Tax Novel, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, David Foster Wallace. The Pale King (Michael Pietsch ed., 2011)

The 2011 Diane Sanger Memorial Lecture Protecting Investors In Securitization Transactions: Does Dodd–Frank Help, Or Hurt?, Steven L. Schwarcz

Faculty Scholarship

Securitization has been called into question because of its role in the recent financial crisis. Schwarcz examines the potential flaws in the securitization process and compare how the Dodd–Frank Act treats them. Although Dodd–Frank addresses one of the flaws, it underregulates or fails to regulate other flaws. It also overregulates by addressing aspects of securitization that are not flawed.

Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young

Faculty Scholarship

No abstract provided.

A Current Assessment Of Some Extraterritorial Impacts Of The Dodd-Frank Act With Special Focus On The Volcker Rule And Derivatives Regulation, Lawrence G. Baxter

Faculty Scholarship

As the world struggles to emerge from the Global Financial Crisis the vision of a harmonious framework of global financial regulation seems as distant as ever. Important progress made by international committees such as the Basel Committee on Banking Supervision and the Financial Stability Board notwithstanding, there seem to be increasing signs of unilateral, extraterritorial action by major jurisdictions, including the United States. This paper reviews the framework created by the US financial reforms, in particular anti money laundering provisions, the Volcker Rule and the proposed OTC derivatives margin requirements, and considers some of the dilemmas presented by modern global …

Heterogeneity In Residential Yard Care: Evidence From Boston, Miami, And Phoenix, Edmund M. Harris, Colin Polsky, Kelli L. Larson, Rebecca Garvoille, Deborah Martin, Jaleila Brumand, Laura Ogden

Geography

The management of residential landscapes occurs within a complex socio-ecological system linking household decision-making with ecological properties, multi-scalar human drivers, and the legacy effects of past management. Conventional wisdom suggests that resource-intensive turf grass yards are the most common landscaping outcome, resulting in a presumed homogeneous set of residential landscaping practices throughout North America. We examine this homogenization thesis through an interview-based, cross-site study of residential landscape management in Boston, Phoenix, and Miami. Counter to the homogeneity thesis, we find that yard management practices often exhibit heterogeneity, for example, in groundcover choice or use of chemical inputs. The degree of …

Trends In The Utilization Of Outpatient Advanced Imaging After The Deficit Reduction Act., David C Levin, Vijay M Rao, Laurence Parker

Department of Radiology Faculty Papers

PURPOSE: After the Deficit Reduction Act (DRA) took effect in 2007, there was concern that private office-based imaging facilities would close, that advanced imaging would shift to less convenient hospital-based facilities, and that access to advanced imaging might be restricted. The aim of this study was to see if these developments occurred during the years after the DRA.

METHODS: Using Medicare data, outpatient CT, MRI, and nuclear medicine trends before and after the DRA were studied. Procedure volumes performed in private offices and hospital outpatient departments (HOPDs) were tabulated separately. Volumes were tracked from 2000 to 2006 (before the DRA) …

"We Are Derby Girls, Not Pansies" : Femininity And Kinship In Roller Derby, Madisson L. Whitman

Undergraduate Theses and Senior Projects

No abstract provided.