Digital Commons Network^™

The Emperor’S New Clothes: Intellectual Dishonesty And The Unconstitutionality Of Plea Bargaining, Robert Schehr

Texas A&M Law Review

United States Supreme Court and jurisprudential rationalizations for the constitutionality, centrality, and finality of plea-bargaining signify intellectual dishonesty, ignorance of human behavior and decision-making, and a statesanctioned threat to personhood and liberty in the United States of America. It is the Author’s purpose to expose the imperious practice of plea-bargaining for what it is—a cynical and intellectually dishonest institutional remedy for an unwieldy judicial system that has knowingly rationalized the practice to facilitate expedient resolution of ever-increasing caseloads. In order to establish plea practice as constitutional, the Supreme Court was forced to employ a jurisprudential discourse that shifted from the …

Toward A Heterodox Property Law And Economics, Lua Kamal Yuille

Texas A&M Law Review

Property law is profoundly unsatisfying. This statement is not meant to suggest that property is wrong or bad. Nor does it mean to take issue with any particular rule of property law, at least in a way that is not already reflected in the rich property literature. Rather, property law is unsatisfying because, often, its settlements and compromises seem wanting and iniquitous, even while envisioned alternatives seem untenable and unfair. Indeed, the standard first-year Property syllabus reads like a compendium of the Catch-22.

Categorical And Vague Claims That Criminal Activity Is Afoot: Solving The High-Crime Area Dilemma Through Legislative Action, Andrew Dammann

Texas A&M Law Review

In Illinois v. Wardlow, the Supreme Court announced that mere presence in a high-crime area is a constitutionally significant factor for deciding if there is the necessary reasonable suspicion that criminal activity is afoot in order to justify a stop and frisk. Relying in part on the constitutional significance Wardlow attached to the vague term high-crime area, New York instituted an aggressive stop-and-frisk policy to combat crime and make New York a safer city. New York was sued under 42 U.S.C. § 1983 in Floyd v. City of New York. New York’s appeal was dropped when new mayor Bill de …

Security, Privacy, And Technology Development: The Impact On National Security, Abraham R. Wagner, Paul Finkelman

Texas A&M Law Review

The evolution of modern communications and information technology sparked a revolution of unprecedented proportions, bringing about an explosion in terms of users and capabilities, as well as increasing demands for both security and privacy. To meet these security demands, new technologies are evolving that can in fact provide a secure and protected environment. At the same time, however, the technology-development path is being increasingly impacted by two other major dynamics: the legal environment and user expectations with respect to privacy. Within the past four years in particular, several major court decisions as well as the official release of documents and …

The U.S. Employment Of Unmanned Aerial Vehicles (Uavs): An Abandonment Of Applicable International Norms, David E. Graham

Texas A&M Law Review

Much has been written over the past several years regarding the increased U.S. employment of UAVs as a weapon system against both combatants on a battlefield and terrorists far removed from an active zone of military operations. As an element of this dialogue, there has occurred a growing discussion as to whether, given what some view as the appearance of new threats to national security—existing in the form of al-Qaeda and similar terrorist organizations—there is now a need for enhanced clarity and transparency concerning the legal principles applicable to when, where, and how such systems might be used. The purpose …

Emerging Biotechnologies And The 1972 Biological Weapons Convention: Can It Keep Up With The Biotechnology Revolution?, Victoria Sutton

Texas A&M Law Review

In light of the quandaries presented by domestic law, has the Biological Weapons Convention of 1972 (“BWC”) also been so outpaced by the technologies that it is no longer effective and meaningful in international law? Part II will examine the continuum of official actions that have attempted to keep pace with the growing biotechnologies that may present threats to global biosecurity through interpreting the BWC. Part III looks at how these definitions may not be sufficient. Finally, Part IV looks at other mechanisms that may provide a better way of controlling biological weapons than redefining the technologies through the current …

National Security, Narcissism, Voyeurism, And Kyllo: How Intelligence Programs And Social Norms Are Affecting The Fourth Amendment, Adam R. Pearlman, Erick S. Lee

Texas A&M Law Review

This Article seeks to qualify somewhat the growing consensus that, at least as it was known in the twentieth century, “privacy is dead.” Although this sentiment seems empirically correct, this Article argues it is an oversimplification that fails to account for American values and legal policy. Rather, the Authors recognize as a morally neutral proposition that privacy is a legal fiction. At the same time, this Article advocates that it is a fiction best maintained and protected to the extent possible and reasonable given the unambiguous willingness of people en masse to sacrifice their privacy for mere convenience and token …

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Single- And Double-Elimination All-Pay Tournaments, Cary Deck, Erik O. Kimbrough

ESI Publications

Tournaments consisting of iterative matches are a common mechanism for determining how to allocate a prize. For this reason it is important to understand the behavioral as well as the theoretical properties of different tournament structures. Given that laboratory experiments have consistently found high levels of overbidding in contests, one might suspect that double-elimination tournaments would generate substantially more total investment than single-elimination tournaments despite the two types of tournaments generating theoretically equivalent expected aggregate investment. This paper reports a set of laboratory experiments designed to test this comparison. The results indicate that aggregate investment is similar between the two …

Experimental Evolution And Economics, Terence C. Burnham, Aimee Dunlap, David W. Stephens

ESI Publications

This is a theory paper that advocates experimental evolution as a novel approach to study economic preferences. Economics could benefit because preferences are exogenous, axiomatic, and contentious. Experimental evolution allows the empirical study of preferences by placing organisms in designed environments and studying their genotype and phenotype over multiple generations. We describe a number of empirical studies on different aspects of preferences. We argue that experimental evolution has the potential to improve economics.

Peer Pressure And Moral Hazard In Teams: Experimental Evidence, Brice Corgnet, Roberto Hernán-González, Stephen Rassenti

ESI Publications

Team incentives have been found to be particularly effective both in the lab and in the field despite the moral hazard in teams problem identified by Holmström (1982). In a newly developed virtual workplace, we show that, in line with Holmström, moral hazard in teams is indeed pervasive. Subsequently, we find strong evidence for the conjecture of Kandel and Lazear (1992) that peer pressure may resolve the moral hazard in teams problem. Organizations equipped with a very weak form of peer monitoring (anonymous and without physical proximity, verbal threats or face-to-face interactions) perform as well as those using individual incentives.

The Cognitive Basis Of Social Behavior: Cognitive Reflection Overrides Antisocial But Not Always Prosocial Motives, Brice Corgnet, Antonio M. Espín, Roberto Hernán-González

Economics Faculty Articles and Research

Even though human social behavior has received considerable scientific attention in the last decades, its cognitive underpinnings are still poorly understood. Applying a dual-process framework to the study of social preferences, we show in two studies that individuals with a more reflective/deliberative cognitive style, as measured by scores on the Cognitive Reflection Test (CRT), are more likely to make choices consistent with “mild” altruism in simple non-strategic decisions. Such choices increase social welfare by increasing the other person's payoff at very low or no cost for the individual. The choices of less reflective individuals (i.e., those who rely more heavily …

Temporality And Fulfillment In 3 Nephi 1, Kimberly M. Berkey

Journal of Book of Mormon Studies

No abstract provided.

Full Issue, Issues In Religion And Psychotherapy

Issues in Religion and Psychotherapy

No abstract provided.

Relevance Of Blood Vessel Networks In Blast-Induced Traumatic Brain Injury, Yi Hua, Shengmao Lin, Linxia Gu

Department of Mechanical and Materials Engineering: Faculty Publications

Cerebral vasculature is a complex network that circulates blood through the brain. However, the role of this networking effect in brain dynamics has seldom been inspected. This work is to study the effects of blood vessel networks on dynamic responses of the brain under blast loading. Voronoi tessellations were implemented to represent the network of blood vessels in the brain. The brain dynamics in terms of maximumprincipal strain (MPS), shear strain (SS), and intracranial pressure (ICP) weremonitored and compared. Results show that blood vessel networks significantly affected brain responses.The increased MPS and SS were observed within the brain embedded with …

In Situ Longitudinal Pre-Stretch In The Human Femoropopliteal Artery, Alexey Kamenskiy, Andreas Seas, Grant Bowen, Paul Deegan, Anastasia Desyatova, Nick Bohlim, William Poulson, Jason N. Mactaggart

Department of Mechanical and Materials Engineering: Faculty Publications

In situ longitudinal (axial) pre-stretch (LPS) plays a fundamental role in the mechanics of the femoropopliteal artery (FPA). It conserves energy during pulsation and prevents buckling of the artery during limb movement. We investigated how LPS is affected by demographics and risk factors, and how these patient characteristics associate with the structural and physiologic features of the FPA. LPS was measured in n=148 fresh human FPAs (14–80 years old). Mechanical properties were characterized with biaxial extension and histopathological characteristics were quantified with Verhoeff-Van Gieson Staining. Constitutive modeling was used to calculate physiological stresses and stretches which were then analyzed …

Asphalt Composition, David Allen, Flavio Souza, Yong-Rak Kim, Roberto Soares

Department of Mechanical and Materials Engineering: Faculty Publications

A computational method is provided for predicting roadway failure due to degradation of the roadway over time as a function of the input loads, the roadway geometry, the material properties of the constituents in the asphaltic pavement, the shape, distribution, orientation and volume fractions of the constituents, and environmental conditions. The unique and new feature of the method is that it employs several physically based predictive methodologies simultaneously.

Extracting Continuum-Like Deformation And Stress From Molecular Dynamics Simulations, Lili Zhang, John Jasa, George Gazonas, Antoine Jerusalem, Mehrdad Negahban

Department of Mechanical and Materials Engineering: Faculty Publications

We present methods that use results from molecular dynamics (MD) simulations to construct continuum parameters, such as deformation gradient and Cauchy stress, from all or any part of an MD system. These parameters are based on the idea of minimizing the difference between MD measures for deformation and traction and their continuum counterparts. The procedures should be applicable to non-equilibrium and inhomogeneous systems, and to any part of a system, such as a polymer chain. The resulting procedures provide methods to obtain first and higher order deformation gradients associated with any subset of the MD system, and associated expressions for …

Blast-Induced Mild Traumatic Brain Injury Through Ear Canal: A Finite Element Study, Praveen Akula, Yi Hua, Linxia Gu

Department of Mechanical and Materials Engineering: Faculty Publications

Purpose The role of ear canal in transmitting blast waves to the brain is not clear. The goal of this work is to characterize the influence of ear canal on blast-induced mild traumatic brain injury through a computational approach.

Methods A three-dimensional human head model with single-side ear canal details was reconstructed from computed tomography images. The ear canal was positioned either facing the incident blast wave or facing away from the blast wave.

Results The blast wave-head interaction has demonstrated that the overpressure within the ear canal was substantially amplified when the ear directly faced the blast wave. When …

Montana Business Quarterly, Winter 2015, University Of Montana--Missoula. Bureau Of Business And Economic Research

Montana Business Quarterly, 1949-2021

This is an academic publication produced by the Bureau of Business and Economic Research (BBER) at the University of Montana’s College of Business. This is volume 53, number 4.

Place Of Crushing: The Literary Function Of Heshlon In Ether 13:25-31, Matthew L. Bowen, Pedro Olavarria

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

The name Heshlon, attested once (in Ether 13:28), as a toponym in the Book of Mormon most plausibly denotes “place of crushing.” The meaning of Heshlon thus becomes very significant in the context of Ether 13:25–31, which describes the crushing or enfeebling of Coriantumr’s armies and royal power. This meaning is also significant in the wider context of Moroni’s narrative of the Jaredites’ destruction. Fittingly, the name Heshlon itself serves as a literary turning point in a chiastic structure which describes the fateful reversal of Coriantumr’s individual fortunes and the worsening of the Jaredites’ collective fortunes. Perhaps Moroni, who witnessed …

Evolving Faith: Wanderings Of A Mormon Biologist, Steven L. Peck

Maxwell Institute Publications

Believers and scientists have long wrestled over the relationship between science and faith. Steven L. Peck, an acclaimed Latter-day Saint author and scientist, demonstrates in this new book that both science and faith are indispensable tools we can use to navigate God’s strange and beautiful creation. Evolving Faith is a collection of technical, personal, sometimes whimsical essays about Mormon theology, evolution, human consciousness, the environment, sacred spaces, and more.

With the mind of a scientist, the soul of a believer, and the heart of a wanderer, Peck provides welcome companionship for women and men engaged in the unceasing quest for …

Postponing Heaven: The Three Nephites, The Bodhisattva, And The Mahdi, Jad Hatem

Maxwell Institute Publications

Christianity, like other world religions, surprisingly acknowledges the existence of a plurality of human messiahs. In this comparative work, philosopher Jad Hatem examines Mormonism’s Three Nephites, Buddhism’s Bodhisattva, and Islam’s Mahdi—distinctive messianic figures who postpone Heaven, sacrificially prolonging their lives for the benefit of humankind.

Originally published in French, this translation includes two additional papers written by Jad Hatem dealing with aspects of Latter-day Saint belief and a new interview between Hatem and Latter-day Saint philosopher James E. Faulconer.

Fine-Scale Genetic Structure Of Monilinia Fructicola During Brown Rot Epidemics Within Individual Peach Tree Canopies, Sydney E. Everhart, H. Scherm

Department of Plant Pathology: Faculty Publications

The purpose of this study was to determine the fine-scale genetic structure of populations of the brown rot pathogen Monilinia fructicola within individual peach tree canopies to better understand within-tree plant pathogen diversity and to complement previous work on spatiotemporal development of brown rot disease at the canopy level. Across 3 years in a total of six trees, we monitored disease development, collected isolates from every M. fructicola symptom during the course of the season, and created high-resolution three-dimensional maps of all symptom and isolate locations within individual canopies using an electromagnetic digitizer. Each canopy population (65 to 173 isolates …

Texas Silver-Haired Legislature Foundation Financials Tax Returns 2015-2023, Texas Silver-Haired Legislature

Texas Silver-Haired Legislature

The Texas Silver-Haired Legislature Foundation Financials Tax Returns, 2015-2023.

Certiorari And The Marriage Equality Cases, Carl Tobias

University of Michigan Journal of Law Reform Caveat

Marriage equality has come to much of the nation. Over 2014, many district court rulings invalidated state proscriptions on same- sex marriage, while four appeals courts upheld these decisions. However, the Sixth Circuit reversed district judgments which struck down bans in Kentucky, Michigan, Ohio, and Tennessee. Because that appellate opinion created a patchwork of differing legal regimes across the country, this Paper urges the Supreme Court to clarify marriage equality by reviewing that determination this Term.

Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton

University of Michigan Journal of Law Reform Caveat

Current federal law allows companies to exclude their youngest workers from participating in 401(k) and other pension plans. Public policy should encourage young workers to contribute to retirement as early as practicable, rather than impose obstacles to saving. Workers who begin saving even a few years earlier improve their retirement security and reduce the likelihood they will be dependent on the government later in life. While “age discrimination” is conventionally thought of as the mistreatment of older workers, this concept applies equally to employees who are differentiated based solely on their young age. Thus, Congress should amend the Internal Revenue …

A Game Changer: Frederick Wiseman’S The Titicut Follies, William Blick

Publications and Research

It has become evident that film has the ability to invoke changes in a society. The social issue of the treatment of the mentally ill has always been the subject of films, although many films of past appear exploitative, sensationalist, crude, and ignorant of the realities of the issues being represented. In 1967, Frederick Wiseman’s film, The Titicut Follies, despite winning numerous awards, created such controversy that it became the only film to be banned in the United States for reasons other than obscenity and national security until 1991. The film revealed gross mistreatment of the mentally ill …

Method For Substitute Modulus Determination Of Furniture Frame Construction Joints, Hasan Özgür İmi̇rzi̇, Jerzy Smardzewski, Ni̇hat Döngel

Turkish Journal of Agriculture and Forestry

The goal of the performed experiments was to determine the strength, stiffness, and modulus of the elasticity of dowel, mortise and loose-tenon, and mortise and tenon L-type furniture joints under diagonal tension and compression loads. The specimens were constructed from Turkish beech (Fagus orientalis L.), white oak (Quercus alba), and white walnut (Juglans cinerea L.) and were assembled with a water-resistant PVAC adhesive. According to the obtained results, the highest stiffness/strength values were estimated in mortise and tenon joints constructed of white oak, whereas dowel joints constructed from Turkish beech showed the lowest stiffness/strength and deformability. The elasticity modulus of …

The Characteristic Polynomial Of The Adams Operators On Graded Connected Hopf Algebras, Marcelo Aguiar, Aaron Lauve

Mathematics and Statistics: Faculty Publications and Other Works

The Adams operators ‰n on a Hopf algebra H are the convolution powers of the identity of H. They are also called Hopf powers or Sweedler powers. We study the Adams operators when H is graded connected. The main result is a complete description of the characteristic polynomial — both eigenvalues and their multiplicities — for the action of the operator ‰n on each homogeneous component of H. The eigenvalues are powers of n. The multiplicities are independent of n, and in fact only depend on the dimension sequence of H. These results apply in particular to the antipode of …