Digital Commons Network^™

Ten Years After: Kelo V. City Of New London And The Not So Probable Consequences, Stephen F. Broadus Iv

MC Law Review

No abstract provided.

Anticipating A Sea Change For Insider Trading Law: From Trading Plan Crisis To Rational Reform, John P. Anderson

Journal Articles

The Securities and Exchange Commission is poised to take action in the face of compelling evidence that corporate insiders are availing themselves of rule-sanctioned Trading Plans to beat the market. These Trading Plans allow insiders to trade while aware of material nonpublic information. Since the market advantage insiders have enjoyed from Plan trading can be traced to loopholes in the current regulatory scheme, increased enforcement of the existing rules cannot address the issue. But, simply tweaking the existing rule structure to close these loopholes would not work either. This is because the SEC adopted the current rule as a part …

Horizontal Drilling, Vertical Problems: Property Law Challenges From The Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015), Joshua Fershee, S. Alex Shay

UIC Law Review

No abstract provided.

The Road To Undermatch: Understanding The Differences Between White And Latino Student Predictors Of Undermatch, Awilda Rodriguez

Journal of Latino/Latin American Studies (JOLLAS)

Recent headline-grabbing statistics that Latino high school graduates enroll in college at higher rates than their White peers might lead many to conclude that disparities in college access may be a thing of the past. However, disparities in enrollment persist across institution types as Latino students are overrepresented in the two-year sector, and many who are qualified to attend four-year selective institutions undermatch to less selective institutions at higher rates than their similarly qualified White peers. While past research has shown that Latino students have disparate college choice processes than White students, this study advances the literature on college choice …

The Maurice Clarett Story: A Justice System Failure, Alan C. Milstein

Roger Williams University Law Review

No abstract provided.

Recognizing Restitutionary Causes Of Action And Remedies Under Rhode Island Law, Colleen P. Murphy

Roger Williams University Law Review

No abstract provided.

Preserving Justice: A Discussion Of Rhode Island's "Raise Or Waive" Doctrine, Nicholas Nybo

Roger Williams University Law Review

No abstract provided.

Fashioning Mobility: Navigating Space In Victorian Fiction, Mary C. Jones

Theses and Dissertations--English

My dissertation examines how heroines in nineteenth-century British Literature manipulate conventional objects of feminine culture in ways which depart from uses associated with Victorian marriage plots. Rather than use fashionable objects to gain male attention or secure positions as wives or mothers, female characters deploy self-fashioning tactics to travel under the guise of unthreatening femininity, while skirting past thresholds of domestic space. Whereas recent Victorian literary and cultural criticism identifies female pleasure in the form of consumption and homosocial/erotic desire, my readings of Victorian fiction, from doll stories to the novels of Charlotte Brontë, Wilkie Collins, and Marie Corelli, consider …

Fair Users Or Content Abusers? The Automatic Flagging Of Non-Infringing Videos By Content Id On Youtube, Leron Solomon

Hofstra Law Review

The article discusses America's fair use copyright doctrine and the nation's Digital Millennium Copyright Act (DMCA) in relation to the problems that are associated with the use of the Content ID automated digital fingerprinting system to regulateuser-generated Internet content on video-sharing services such as YouTube. The legal liability of Internet service providers for copyright infringement by website users is examined, along with the flagging of non-infringing videos.

Trying To Get It Right--Ohio, From The Eighties To The Teens, Margery M. Koosed

Hofstra Law Review

The article discusses the history of the capital punishment (CP) laws and litigation in Ohio as of 2015, and it mentions the Ohio Supreme Court, scrutiny of the state's CP system, and the claim that Texas and Ohio have performed the most executions in America. Justice is addressed in relation to the efforts to improve Ohio's criminal defense services. The U.S. Constitution's Eight and Fourteenth Amendments are examined, along with the CP-related cases Furman v. Georgia and Lockett v. Ohio.

A Tenant's Procedural Due Process Right In Chronic Nuisance Ordiance Jurisdictions, Salim Katach

Hofstra Law Review

The article discusses a tenant's procedural due process right in Chronic Nuisance Ordinance (CNO) jurisdictions in America, and it mentions a lawsuit involving single mother Lakisha Briggs who was accused of violating Norristown, Pennsylvania's CNO following a disorderly conduct and fighting incident in 2012. According to the article, CNOs are designed to encourage property owners to prevent criminal activity on their properties and to recover the costs associated with police services.

Don't Blame The Bully: Holding Preschools Accountable For Bullying Against Students With Disabilities, Rachel Summer

Hofstra Law Review

The article discusses a proposal to hold preschools legally accountable for bullying that is directed at students with disabilities in America as of 2015, and it mentions discrimination under Section 504 of the U.S. Rehabilitation Act of 1973, as well as the legal aspects of peer-on-peer harassment and students' rights in the country. U.S. federal legislation and the creation of a deliberate indifference standard are examined, along with several education law-related legal cases in America.

The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott W. Howe

Hofstra Law Review

In its opinion in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), concerning the incorporation of the Second Amendment, the Supreme Court included a footnote that listed the Eighth Amendment prohibition on excessive bail as one of the incorporated Bill of Rights protections. Oddly, the Court had never incorporated the bail clause or even explained what protections it conferred. While strange, these circumstances provide a rare opportunity to reason backward from incorporation to the meaning of the incorporated provision. And by pursuing those backward implications, the paper offers novel arguments about the proper understanding of the bail clause.

I …

Knowledge Is Salvation: Informing Investors By Regulating Disclosures To Safeguard Best Execution, Jeremy Schara

Hofstra Law Review

The article discusses knowledge, investor information, and the author's claim that rules aimed at regulating best execution and disclosure will impose obligations on the U.S. securities market regarding high-frequency trading, and it mentions the historical aspects of the U.S. Securities and Exchange Commission's Regulation Alternative trading Systems and Regulation National Market System rules. Economics-related dark pools and the U.S. Financial Industry Regulatory Authority Inc. are examined.

Injury In Fact And The Structure Of Legal Revolutions, Jonathan R. R. Siegel

Vanderbilt Law Review

No abstract provided.

Public Interest Lawyering & Judicial Politics: Four Cases Worth A Second Look In Williams-Yulee V. The Florida Bar, Ruthann Robson

Vanderbilt Law Review

No abstract provided.

The Political Economy Of Good Governance, Sisay Asefa Editor, Wei-Chiao Huang Editor

Upjohn Press

The contributors to this book capture several of the key dimensions of good governance, as well as what deleterious and negative consequences may arise in its absence. They draw analysis and solutions from diverse sectors such as economics, public administration, management, and political science, in order to treat some of the most pressing societal issues of our time. They connect the importance of education, health, climate change, and poverty to address the challenges of creating a world where more countries embrace good governance policies to benefit their peoples.

Guild-Ridden Labor Markets: The Curious Case Of Occupational Licensing, Morris M. Kleiner

Upjohn Press

In his third Upjohn Press book on occupational licensing, Morris M. Kleiner examines why the institution of occupational licensing has had such a curious evolution and influence in the United States, the European Union, and China. He also discusses the many similarities it has to guilds.

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren Lenard Hutchinson

UF Law Faculty Publications

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors generally remain colorblind. The colorblindness doctrine has led to the judicial invalidation of policies designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights.”

Constitutional law theorists have criticized these aspects of equal protection doctrine. Recently, however, some theorists …

Activated Expression Of Eshd1 Enhances Drought Tolerance In Tobacco Plants Via Mitigation Of Reactive Oxygen Species-Mediated Membrane Damage, Cheng Zhou, Zhongyou Ma, Lin Zhu, Jiansheng Guo, Xianghuan Cui, Jian Zhu, Jianfei Wang

Turkish Journal of Botany

It is well documented that the homeodomain-leucine zipper (HD-Zip) transcription factors play diverse roles during plant growth and development. The Class I HD-Zip genes are shown to be involved in the regulation of abiotic stress responses and tolerance. Herein, a novel Class I HD-Zip gene, EsHD1, was isolated from Eutrema salsugineum, and an investigation was performed of its physiological functions in response to drought stress. The analyses of gene expression profiles revealed that the EsHD1 transcripts quickly accumulated upon exposure to various abiotic stress conditions or abscisic acid treatments. Furthermore, the overexpression of EsHD1 in tobacco plants conferred improved tolerance …

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

UF Law Faculty Publications

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …

Lower Devonian Trace Fossils And Their Paleoenvironmental Significance From The Western Yangtze Plate, South China, Li-Jun Zhang, Zhao Zhao

Turkish Journal of Earth Sciences

Abundant and diverse trace fossils occur in the littoral-neritic sediments recording an Early Devonian transgression in South China. The well-exposed Ganxi section is located in the Longmen Mountain 100 km northwest of Chendu, Sichuan. The Lower Devonian strata are dominated by sandstones, siltstones, muddy shales, limestones, bioclastic limestones, and muddy limestones. About thirteen ichnogenera were systematically described, including Arenicolites, ?Balanoglossites, Chondrites, Cylindrichnus, Diplocraterion, Planolites, Palaeophycus, Phycodes, Rhizocorallium, Rusophycus, Skolithos, Thalassinoides, and Zoophycos. Six trace fossil associations under different sedimentary environments have been recognized as follows: the Skolithos and Diplocraterion-Skolithos associations mainly consist of domichnia derived from a high-energy zone of …

Disciplining Legal Scholarship, Lynn M. Lopucki

UF Law Faculty Publications

U.S. law schools are hiring large proportions of J.D.-Ph.D.s in tenure-track faculty positions in an effort to increase the quantity and quality of empirical legal scholarship. That effort is failing. The new recruits bring methods and objectives unsuited to law. They produce lower-than-predicted levels of empiricism because they compete on the basis of methodological sophistication, devote time and resources to disputes over arcane issues in statistics and methodology, prefer to collaborate with other Ph.D.s, and intimidate empiricists whose work does not require high levels of methodological sophistication. In short, Ph.D.s impose the cultures of their disciplines on legal scholarship. Importing …

A Comprehensive Analysis Of The History Of Interrogation Law, With Some Shots Directed At Miranda V. Arizona, Tracey Maclin

UF Law Faculty Publications

Police interrogation is designed to convict suspects under arrest or those suspected of crime. It does not matter that the suspect may not be guilty; interrogation is instigated to obtain an incriminating statement that will help convict the suspect. While many are quick to defend what are considered the “respectable freedoms” embodied in the Constitution — freedom of speech, freedom of the press, and freedom of religion — few champion the Fifth Amendment’s bar against compelled self-incrimination, popularly known as the “right to remain silent,” as a basis for a suspect’s right to resist police questioning. Although it has been …

Government Analysis Of Shed Dna Is A Search Under The Fourth Amendment, Tracey Maclin

UF Law Faculty Publications

This article addresses whether the Fourth Amendment is implicated when police surreptitiously collect and analyze a person’s involuntarily shed DNA. Law enforcement officers will often obtain shed or abandoned DNA samples from persons who they suspect have committed crimes, but lack sufficient evidence to arrest or detain such persons. When utilizing abandoned or shed DNA for criminal investigative purposes, there are two state actions which arguably trigger Fourth Amendment protection. First, the collection of the biological material which contains a person’s DNA might be considered a search under the amendment. Courts, however, have uniformly rejected this argument. For example, when …

Paint Chip Indians, M. Alexander Pearl

Faculty Articles

This essay is a follow up to a previous article “How to Be an Authentic Indian” published in November of 2014 in the California Law Review Circuit. (M. Alexander Pearl, How to Be an Authentic Indian, 5 Cal. L. Rev. Circuit 392 (November 2014). This essay continues the satiric tone of my previous article and focuses on a single nationally relevant issue. With the current media emphasis on the controversy over recent representations of Indians in television and film (such as Netflix’s Unbreakable Kimmy Schmidt and the Adam Sandler written/directed Ridiculous Six), the essay is topical and examines the critiques …

The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, Robert F. Weber

Faculty Publications By Year

Historically, bank regulators have restricted bank dividends as part of a larger effort to preserve banks’ capital and make them more able to withstand losses. In today’s dynamic banking markets, the formulaic and rigid ways by which regulators have traditionally policed dividends have become anachronistic. Against this background, the Federal Reserve Board has attempted to update and reinvigorate dividend regulation through two regulatory reforms: (1) the Comprehensive Capital Analysis and Review (CCAR) program and (2) the Dodd-Frank Act stress testing program.

This Article explores the important practical and theoretical implications that result from these regulatory reforms. As a practical matter, …

The First Amendment And The Rpas, Caren M. Morrison

Faculty Publications By Year

No abstract provided.

Consent Not Required: Missouri’S Adoption Laws For Incapacitated Adults. Debrodie V. Martin, Kelly Collins

Missouri Law Review

This Note discusses Missouri’s adoption statutes, specifically adult adoptions and adoptions of mentally incapacitated adults, then explains the best interests of the child determination that courts perform when granting (or denying) a petition for adoption. Part II gives a brief background of the facts and circumstances surrounding DeBrodie v. Martin. Part III discusses the history of Missouri’s adoption statutes, focusing on adult adoptions, and explains the best interests of the child analysis in custody proceedings. Part IV delves into the initial Missouri Court of Appeals’ decision. Finally, Part V comments on the outcome upon remand and re-appeal of the case, …

Staff Policy And Procedures Manual, Randi Small

Master of Education in Applied Human Development Graduate Projects

Every major department of a university has policies and procedures that they have in place and follow to ensure efficient operations, which are documented in a manual. Bowling Green State University’s (BGSU) Sports Medicine department had been through three Head Athletic Trainers in five years since last updating their manual. The National Athletic Trainers’ Association (NATA) has a code of ethics, Position statements, and standards of practice that all athletic trainers should follow. In the state of Ohio, athletic training students have strict guidelines in place by the Ohio Occupational Therapy, Physical Therapy and Athletic Training Board that are updated …