Digital Commons Network^™

Arbitrating Corruption, Rachel Brewster

Faculty Scholarship

One of the most controversial issues in international investment law is how arbitral panels should deal with investments tainted by corruption at their inception. The current practice of investment arbitrators is to refuse to hear investors’ claims when bribery allegations are substantiated. A recent wave of scholarship has attacked this “corruption defense,” arguing that the practice unfairly harms investors and encourages governments to maintain corrupt practices. This Essay responds to that scholarship, arguing that the current approach is the best policy choice on balance. The Essay analyzes three core policy questions at the heart of the debate: Would eliminating the …

Corporate Racial Responsibility, Gina-Gail S. Fletcher, H. Timothy Lovelace Jr.

Faculty Scholarship

The 2020 mass protests in response to the deaths of George Floyd and Breonna Taylor had a significant impact on American corporations. Several large public companies pledged an estimated $50 billion to advancing racial equity and committed to various initiatives to internally improve diversity, equity, and inclusion. While many applauded corporations’ willingness to engage with racial issues, some considered it further evidence of corporate capitulation to extreme progressivism at shareholders’ expense. Others, while thinking corporate engagement was long overdue, critiqued corporate commitment as insincere.

Drawing on historical evidence surrounding the passage of Title II of the Civil Rights Act of …

Partisan Panel Composition And Reliance On Earlier Opinions In The Circuit Courts, Stuart Minor Benjamin, Byungkoo Kim, Kevin M. Quinn

Faculty Scholarship

Does the partisan composition of three-judge panels affect how earlier opinions are treated and thus how the law develops? Using a novel data set of Shepard's treatments for all cases decided in the U.S. courts of appeals from 1974 to 2017, we investigate three different versions of this question. First, are panels composed of three Democratic (Republican) appointees more likely to follow opinions decided by panels of three Democratic (Republican) appointees than are panels composed of three Republican (Democratic) appointees? Second, does the presence of a single out-party judge change how a panel relies on earlier decisions compared to what …

Social Welfare Functions And Health Policy: A New Approach, Matthew D. Adler

Faculty Scholarship

The social welfare function (SWF) framework converts the possible outcomes of governmental policy choice into vectors (lists) of interpersonally comparable well-being numbers, measuring the lifetime well-being of each individual in the population of interest. The SWF proper is a rule for ranking these vectors. The utilitarian SWF adds up well-being numbers. A prioritarian SWF adds up well-being numbers plugged into a strictly increasing and strictly concave transformation function. Governmental policies are conceptualized as probability distributions over well-being vectors. A recent literature applies the SWF framework to health policy. This article first provides a brief overview of the SWF framework and …

The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher

Faculty Scholarship

The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to the defendant, is one of the most frequently litigated criminal procedure issues. Yet, despite decades of Brady cases in federal and state courts, we still know relatively little about how Brady claims are litigated, adjudicated, and what such claims can tell us about the criminal justice system writ large. Scholars are in the dark about how often Brady violations occur, whether it is primarily the fault of prosecutors or the police, whether violations …

Economic Security And The Separation Of Powers, Kathleen Claussen, Timothy Meyer

Faculty Scholarship

The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign commerce power resides primarily with the executive branch. That transfer of control is partly the result of significant delegations of responsibility for managing foreign commerce from Congress to the executive. It is also, however, the result of the securitization of foreign commerce. The executive branch asserts that foreign commerce issues fall under its constitutional powers over foreign affairs, and, thus, that it enjoys authority over foreign commerce that exceeds the scope of congressional delegations.

This Article makes three contributions. First, …

A Codified Liability Regime To Stimulate Greater Investment In Subpatentable Innovation, Jerome H. Reichman, Ana Santos Rutschman

Faculty Scholarship

The global intellectual property system rests on a distinction between exclusive property rights and free competition. Exclusive rights vary in strength and intensity, but the opposite of protection is almost always free competition. Distinctions of intensity are drawn in terms of the length of protection given to different subject matters plus variable lists of exceptions and limitations to exclusive rights. But the bottom line is that, when protection is not available under the existing system, free competition prevails, and vice-versa (i.e., where there is exclusivity, free competition is deferred for a specified period of time).

This Article departs from a …

Rethinking Commercial Law’S Uncertain Boundaries, Steven L. Schwarcz

Faculty Scholarship

Although it is an essential part of business law, commercial law has uncertain boundaries. That uncertainty creates significant legal ambiguities and inconsistencies, confusing lawyers and courts and causing misinterpretations that disrupt commerce and reduce efficiency. This Article hypothesizes and tests possible explanations for the uncertainty, including that commercial law’s development has been path dependent, ad hoc, and lacking well-defined normative purposes. The Article then analyzes what those boundaries should be, arguing that commercial law should cover all business-related transfers of property, subject to exceptions needed to reduce transaction costs and otherwise increase economic efficiency. The Article also compares its proposed …

2023-2024 Charter Schools Office Annual Report, Grand Valley State University

Annual Reports (GVSU Charter Schools Office)

No abstract provided.

Correlation Of Social Media Use And Symptoms Of Anxiety And Depression Among College Students, Christy Burns, Dylan Gunter, Jasmine Ivy, April Johnson, Ramona Turner

MSN Research Projects

There is a new epidemic on the rise affecting college students. Social media use in college students is correlated to increased symptoms of anxiety and depression (Lippold, 2020). Studies show that prolonged symptoms of anxiety and depression can lead to hopelessness, which may make adolescents more prone to committing suicide (Tartakovsky, 2022). The Center of Disease Control and Prevention (CDC) reports that the second leading cause of death in young adults is suicide (Centers for Disease Control and Prevention, 2023). Therefore, the present study was conducted through a quantitative correlational research design using a survey to evaluate social media use …

Educating For Shalom In Engineering, Julie Wildschut

University Faculty Publications and Creative Works

Created in the image of God, humans have a unique purpose within creation. We are given the task of worshipping God (Isa 43:21), sharing the gospel of Jesus Christ (Mat 28:18-20), discovering and developing the potentials of creation (Gen 2:15), struggling and praying for shalom (Isa 1:17), and celebrating instances of God’s coming kingdom (Isa 9:1-7, Col 1:19-20). As Christian engineering educators, we have the additional task of preparing students to become capable engineers and to use those skills in response to God’s call in their lives. We have the blessing of not only teaching the technical aspects of engineering, …

Bibliography Of Scholarship From 2024, University Of San Diego

Annual Bibliography of USD Scholarship

No abstract provided.

Translation Of: Trembley À Réaumur, Abraham Trembley, Morgan Mclaughlin

Biology: Student Scholarship & Creative Works

While examining a jar filled with aquatic plants and animals, Abraham Trembley, a young tutor working for Count William Bentinck in the Netherlands, noticed tiny, green, tube-shaped organisms attached to aquatic plants. Uncertain whether they were plants or animals, he devised a brilliant series of experiments to understand their biology. He observed them contract when disturbed and take steps towards a light, gathering in front of a chevron-shaped opening in a piece of cardboard. Nearly convinced they were animals, he cut one in half expecting to see it die. Instead, it regenerated two perfectly formed bodies from the severed halves. …

Coleoptera Of Brazil: What We Knew Then And What We Know Now. Insights From The Catálogo Taxonômico Da Fauna Do Brasil, Edilson Caron, Marcela L. Monné, Geoffrey Morse, Et Al.

Biology: Faculty Scholarship

In 2000, Cleide Costa published a paper presenting the state of knowledge of the Neotropical Coleopte ra, with a focus on the Brazilian fauna. Twenty-four years later, thanks to the development of the Coleoptera section of the Taxonomic Catalog of the Brazilian Fauna (CTFB - Catálogo Taxonômico da Fauna do Brasil) through the collaboration of 100 coleopterists from all over the globe, we can build on Costa’s work and present an updated overview of the state of knowledge of the beetles from Brazil. There are currently 35,699 species in 4,958 genera and 116 families known to occur in the country, …

An Overview Of The Brazilian Chrysomelidae (Insecta: Coleoptera): The Most Species-Rich Beetle Family In Brazil, Adelita M. Linzmeier, Luciano De A. Moura, Cibele S. Ribeiro-Costa, Daiara Manfio, Federico Agrain, Maria L. Chamorro, Geoffrey Morse, Renato Regalin, Lukáš Sekerka

Biology: Faculty Scholarship

The leaf beetles (Chrysomelidae) are one of the most species-rich family of herbivorous beetles with about 45,000 species worldwide. Based on the contributions of chrysomelidologists to the Taxonomic Catalog of the Brazilian Fauna - CTFB, the family comprises 6,079 species in 562 genera of which 951 species are endemic to Brazil, standing out as the most diverse, representing 4.8% of the Brazilian fauna and 17.1% of the beetle species. Chrysomelidae has twelve subfamilies with nine reported to Brazil: Galerucinae, the richest with 1,916 species in 202 genera, followed by Cassidinae, Eumolpinae, Cryptocephalinae, Chrysomelinae, Bruchinae, Criocerinae, Lamprosomatinae and Sagrinae - this …

Explaining And Correcting Trade Imbalances Between The Northern And Southern Eurozone: An Empirical Investigation, Ioannis Litsios, Keith Pilbeam

Plymouth Business School

In this paper we take a novel approach to examining the trade imbalances between the Southern Eurozone countries and the Northern Eurozone countries by aggregating them into a Southern Group and Northern Group. We then explore three possible causes of the trade imbalances, which are the fiscal channel, the investment channel and the competitiveness channel. We find that all three channels are important in explaining the emergence and correction of trade imbalances. In particular, we find that an increase in fiscal deficits in the North are twice as effective in reducing trade imbalances than fiscal consolidation in the South. By …

Analysis Of The Liner Shipping Network Structure Of The Asia–Europe Main Trunk Route Using Social Network Analysis, Sunghoon Park, Saeyeon Roh, Inhyeok Yeo

Plymouth Business School

Due to COVID-19, the shipping market has faced uncertainty, and the possibility of changes in port routes has increased. The purpose of this study was to analyze the network of container liner shipping routes between Asia and Europe. In particular, this research focused on a global risky situation—the COVID-19 pandemic. The data examined encompassed Asia–Europe route schedules from January 2018 to October 2021, which exhibited significant fluctuations due to the COVID-19 pandemic originating in 2019. To access this problem, utilizing concepts of centrality from social network analysis (SNA), namely degree centrality and betweenness centrality, this analysis incorporated route capacity as …

Loss Of The Scavenger Receptor Marco Results In Uncontrolled Vomocytosis Of Fungi From Macrophages, Chinaemerem U. Onyishi, Yusun Jeon, Gyorgy Fejer, Subhankar Mukhopadhyay, Siamon Gordon, Robin C. May

School of Biomedical Sciences

Vomocytosis, also known as nonlytic exocytosis, is a process whereby fully phagocytosed microbes are expelled from phagocytes without discernible damage to either the phagocyte or microbe. Although this phenomenon was first described in the opportunistic fungal pathogen Cryptococcus neoformans in 2006, to date, mechanistic studies have been hampered by an inability to reliably stimulate or inhibit vomocytosis. Here we present the fortuitous discovery that macrophages lacking the scavenger receptor MAcrophage Receptor with COllagenous domain (MARCO), exhibit near-total vomocytosis of internalised cryptococci within a few hours of infection. Marco^−/− macrophages also showed elevated vomocytosis of a yeast-locked C. albicans strain, …

‘The More Empowered I Feel, The More Vulnerable I Become’: Exploring The Entanglements Of Human Rights Education (Hre), Legal Discourses And Notions Of Agency And Vulnerability Amongst Human Rights Educators In Colombia, Claudia Blandon

School of Law, Humanities and Social Sciences Theses

In the 21st century, notions of human rights are symbols of dignity, freedom, and equality (UNDHR, 1948) and equated with notions of empowerment. Simultaneously, in an epoch of recurrent waves of displacement, international instruments of protection are failing to safeguard displaced people and those who provide sanctuary. By the end of 2022, 104 million people had been forcibly displaced globally because of conflict and human rights violations (UNHCR, 2023). Against this global backdrop, empowering women through human rights education and legal discourses has become a priority, (Bajaj et al., 2017, Altinova et al., 2019). With a firm conviction that the …

The Statutory Assessment Of Children And Young People With Special Educational Needs: A Bourdieusian Analysis, Blanche Gibson

School of Law, Humanities and Social Sciences Theses

Research since the Children and Families Act (2014) and the SEND Code of Practice 0-25 (DfE & DoH, 2015) has focused upon new processes for statutory assessment, the quality of Education, Health and Care plans and the success and/or failures of the bureaucratic systems put in place to administer these. This research uses the thinking tools of the French sociologist Pierre Bourdieu (1930 - 2002), to consider how statutory assessment is perceived within the field of SEND. A conceptual framework, influenced by Bourdieu’s field theory (1984) and Crossley’s social movement fields (2003), is employed to examine participants responses to questions …

Quality Assessment Of Esg Reporting Among Listed Maritime Companies: Quality Assessment Of Esg Reporting…: M. Tsatsaronis Et Al., M. Tsatsaronis, T. Syriopoulos, S. Karamperidis, G. Boura, A. Dimopoulos

Plymouth Business School

Regulatory obligations and market trends connected to environmental sustainability issues have lately intensified their effect on the shipping industry. New standards are continuously being established, such as IMO’s 2050 aim of lowering greenhouse gas emissions by 50% compared to 2008 levels. These rules have an impact on capital markets and on investors’ ship financing decisions. The standards now include Environmental, Social, and Governance (ESG) components. These are not only concerned with the environmental impact of shipping, but also with the social and governance dimensions of firms, which are typically associated with maritime transport risks, such as accidents, ship reservations, and …

Editorial: Learning From Management Education Researchers, Neil Marriott, Vanessa Ratten, David Higgins, Jonathan Lean, Paul Jones, Meredith Tharapos, Mohamed Yacine Haddoud

Plymouth Business School

Management education is a topic of critical economic and social importance due to the way it influences employment trends and educational practices. The aim of this editorial is to learn from management education researchers about their wisdom, tips and suggestions about how and why to publish in management education journals. The strengths and weakness of the management education field are discussed to understand new and emerging research trends. This helps to inform practice about management education as well as identifying potential areas of research that link to developing societal issues.

The Tourism Demarketing Mix: Working To Reduce Revisits To Egyptian Nature Reserves, Ahmed M. Elsetouhi, Mohamed E. Elshourbagi, Ahmed A. Hammad, Alaa A. Elnazer

Plymouth Business School

This study tests the impact of the tourism demarketing mix (product, price, place, promotion) on tourists’ intention to reduce revisits to nature reserves in Egypt. In particular, this work focuses on the moderating role of switching cost. Data were collected from 401 tourists of the Wadi Degla and Petrified Forest nature reserves in Egypt. Path analysis is employed to test the research hypotheses using WarpPLS 6. Findings confirm that the tourism demarketing mix significantly affects tourists’ perception and intention to reduce revisits to the nature reserves. Lower switching cost partially enhanced the relationship between the tourism demarketing mix and tourists’ …

Port Energy Demand Model For Implementing Onshore Power Supply And Alternative Fuels, Dogancan Uzun, Dogancan Okumus, Onder Canbulat, Sefer Anil Gunbeyaz, Stavros Karamperidis, Dominic Hudson, Osman Turan, Richard Allan

Plymouth Business School

A feasibility study was conducted on the energy and peak power demand of ships for utilising the Onshore Power Supply (OPS) and transitioning to using alternative fuels. The port of Plymouth was adopted as a case study. Four types of ships, Ro-Pax, Tanker, Bulk Carrier and General Cargo, were in operation at the port. A representative vessel was selected for each ship type to simulate the average ship's cargo capacity and engine power. One year of real port operations, including material handling equipment and trucks, were simulated. The peak power and annual energy demand for the OPS system were calculated …

She Said Yes (Part Of 37 Looe Street Portfolio), Angela Piccini, Sefryn Penrose

School of Art, Design and Architecture

Wife Imitates Art is the collaborative practice of Sefryn Penrose and Angela Piccini, In it they create spaces of silliness and sexiness and very serious play. But they are also perpetually pitted against a particular middle-aged frauen angst that they inescapably create.'She Said Yes' is a series of tableaux created with strict constrains (mobile phone, self-timer, found costume, Google Photos editing suite) that are informed by the photographic aesthetics of the places in which they are taken, of coupledom, and the online performance of relationships.

Tending The Margins: Learnings From The Birthing Body As A Membrane, Johara Bellali

School of Art, Design and Architecture

This paper, grounded in a birthing body, explores the ecology of birth by contrasting the internalphysiological systems with the external socio-cultural ones. I propose that the birthing body is amembrane between these systems offering a space of encounter and access to other forms ofknowing. One of the objects of knowing is what Nora Bateson (2021) calls the ongoing vitality, a formof communication between organisms in living systems. I argue that ongoing vitality can not only beperceived but its perception can support the actualisation of healthy possibilities present at themargins of internal physiological and the external socio-cultural systems.I situate my brief …

Co-Making And Prototyping Community Housing Futures, Alejandro Veliz Reyes, Alexandra Carr, Timothy Crabtree

School of Art, Design and Architecture

An emerging area of research on automated futures is that of digital equity- how to innovate and develop digital products, services, and experiences which promote equality of access, and align with the lived experiences of communities they are expected to benefit. In this chapter, we outline a research project focused on the adoption of digital fabrication technologies by a rural community in Bridport, United Kingdom. Their challenge is that of housing futures not only in terms of stock demand, but more broadly in terms of sustainable forms of housing construction (i.e., modern methods of construction) using local materials and skills. …

The Effects Of Language-Related Misunderstanding At Work, John Fiset, Devasheesh P. Bhave, Nilotpal Jha

Research Collection Lee Kong Chian School Of Business

Demographic, technological, and global trends have brought the language used at the workplace to the forefront. A growing body of research reveals that language could result in misunderstanding at work, and influence employees' performance and attitudinal outcomes. Language at work encompasses standard language (e.g., English) as well as several hybrid forms of language (non-native accents, code-switching, and jargon). We delineate how these forms of language could result in misunderstanding. We then identify relational, affective, and informational mechanisms that underlie the relationship between language-related misunderstanding and employees' performance and attitudinal outcomes, and highlight key boundary conditions. In doing so, we uncover …

Guide To The Alan Bersin Papers, Alan Douglas Bersin

Special Collections

The Alan Bersin papers consist of records collected by Bersin during his tenure as the Superintendent of San Diego City Schools and the Secretary of Education for the State of California. The vast majority of the records are in the form of correspondence, memoranda, meeting minutes, reports, and newspaper articles. These records delve into the workings of Bersin's office, planning behind such programs as the Blueprint for Student Success, the Institute for Learning, Special Education, and Charter Schools. Correspondence, news articles, and court cases document reaction to those programs from the public, labor unions, and the San Diego Board of …

Guide To The Athletics Department Records, University Of San Diego Athletics Department

University Records

This collection contains the historical records of the University of San Diego Athletics Department. Records include administrative memos, meeting minutes, correspondence, programs, and historical information as well as newspaper clippings related to USD athletics. The records document the advancement of the athletics program, including budget planning, notable events such as the reintroduction of the football program and the move to Division I, and documentation of the recreation program that served the broader campus community.

Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with …