Digital Commons Network^™

A Financial Economic Theory Of Punitive Damages, Robert J. Rhee

UF Law Faculty Publications

This Article provides a financial economic theory of punitive damages. The core problem, as the Supreme Court acknowledged in Exxon Shipping Co. v. Baker, is not the systemic amount of punitive damages in the tort system; rather, it is the risk of outlier outcomes. Low frequency, high severity awards are unpredictable, cause financial distress, and beget social cost. By focusing only on offsetting escaped liability, the standard law and economics theory fails to account for the core problem of variance. This Article provides a risk arbitrage analysis of the relationship between variance, litigation valuation, and optimal deterrence. Starting with settlement …

Energizing Liberal Education, Mary Finley-Brook, Megan Zanella-Litke, Kyle Ragan, Breana Coleman

Geography and the Environment Faculty Publications

The article examines how liberal arts colleges in the U.S. offer opportunities for developing and expanding the use of renewable energy and for promoting educational initiatives associated with community projects. Swarthmore College bought Renewable Energy Credits (RECs) from Direct Energy Renewable Choice. A team from Middlebury College designed a solar-powered farmhouse.

Amazonian States Map Threatened Borderlands, David S. Salisbury, A. William Flores De Melo, Jorge Vela Alvarado, Bertha Balbin Ordaya

Geography and the Environment Faculty Publications

Recently, the Regional Initiative to Integrate South America has begun promoting a transboundary road that would bisect the forested borderlands and connect the two largest cities in the region, while the state governments seek to promote a direct ecological railroad alternative. Both transportation initiatives promise to alter forests and rivers and transform economies and cultures, but these projects also lack the base geographic information necessary to understand their potential transboundary impacts and benefits.

Value Divergence In Global Intellectual Property Law, J. Janewa Osei-Tutu

Articles

It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …

Atomistic Investigation Of Scratching-Induced Deformation Twinning In Nanocrystalline Cu, Junjie Zhang, Tao Sun, Yoganda Yan, Dong Shen, Xiaodong Li

Faculty Publications

Deformation twinning is an important deformation mode of nanocrystalline metals. In current study, we investigate the scratching-induced deformation twinning in nanocrystallineCu by means of molecular dynamics simulations. The tribological behavior, the deformation mechanisms, the formation mechanism of deformation twins, and the grain size dependence of the propensity of deformation twinning are elucidated. Simulation results demonstrate that deformation twinning plays an important role in the plastic deformation of nanocrystallineCu under nanoscratching, in addition to dislocation activity and grain boundary-associated mechanism. The nucleation of initial twinning partial dislocations originates from the dissociation of lattice partial dislocations that emit from grain boundary triple …

Georgia Library Spotlight - Irvine Sullivan Ingram Library, University Of West Georgia, Carrollton, Georgia, E. Lorene Flanders

Georgia Library Quarterly

No abstract provided.

My Own Private Library: A Peek Inside The Personal Library Of A Librarian, Jill Prouty

Georgia Library Quarterly

No abstract provided.

News - Emory University, Maureen Mcgavin

Georgia Library Quarterly

No abstract provided.

V49 No4 Complete Issue, Gla Glq

Georgia Library Quarterly

No abstract provided.

Spotlight On Special Interest Groups: Women’S Issues In Behavior Therapy, Lindsay S. Ham, Raeann E. Anderson

Psychology Faculty Publications

No abstract provided.

Sterilization As An Alternative Deer Control Technique: A Review, Jason R. Boulanger, Paul D. Curtis, Evan G. Cooch, Anthony J. Denicola

Biology Faculty Publications

Burgeoning white-tailed deer (Odocoileus virginianus) populations in suburban landscapes continue to impact communities and challenge natural resource managers. Increased deer-related damage to vegetation, ecosystems, and automobiles can exceed the tolerance of local stakeholders. We provide an overview of the potential efficacy of using surgical sterilization to help manage populations and conflicts associated with locally overabundant white-tailed deer populations. We review theoretical and fi eld studies pertaining to deer sterilization, and provide research priorities to help guide future sterilization efforts. Recent fi eld studies suggest that sterilization of female deer remains expensive, at approximately $1,000 per surgery. Sterilization may …

Criminal Law—Teenage Sexting In Arkansas: How Special Legislation Addressing Sexting Behavior In Minors Can Salvage Arkansas's Teens' Futures, Sidney L. Leasure

University of Arkansas at Little Rock Law Review

Sexting is defined as sending sexually explicit images or messages via cell phones. Albeit questionable, sexting is legal between consenting adults. However, there are many consequences of sexting that may not be considered by teenagers who sext. Beyond ridicule, punishment by parents or schools, and the eternal lifespan of digital content, there can be harsh legal consequences for sexting teens. These consequences vary from state to state, but include felony convictions for child pornography and the resulting consequence of being required to register as a sex offender. Often, such convictions can affect college acceptances and career choices.

In order to …

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien

University of Arkansas at Little Rock Law Review

Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.

For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …

Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore

University of Arkansas at Little Rock Law Review

Enacted for the purpose of battling workplace discrimination by targeting discrimination against minorities and the disadvantaged, Title VII has become somewhat of an apparition for good-intentioned employers seeking to follow the law. For example, in Ricci v. DeStefano, the city of New Haven, Connecticut refused to hire white firefighters based on a qualification test because to do so would produce the outcome of hiring too few minority firefighters. Despite New Haven's good intentions, the hiring process illegally brought race into the hiring process, thereby showing that America's relationship with civil rights legislation has come full circle.

At the center of …

This Is Unprecedented: Examining The Impact Of Vacated State Appellate Court Opinions, Michael D. Moberly

The Journal of Appellate Practice and Process

No abstract provided.

Copy-Paste Precedent, Brian Soucek

The Journal of Appellate Practice and Process

No abstract provided.

Is Link Rot Destroying Stare Decisis As We Know It? The Internet-Citation Practice Of The Texas Appellate Courts, Arturo Torres

The Journal of Appellate Practice and Process

No abstract provided.

Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed

The Journal of Appellate Practice and Process

No abstract provided.

A Capsule Biography Of Joseph T. Sneed, Iii, Rollins S. Emerson

The Journal of Appellate Practice and Process

No abstract provided.

Three Giants, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Cardozo At 100, Andrew L. Kaufman

The Journal of Appellate Practice and Process

No abstract provided.

Subordinate Bias Liability, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

Often, decisions regarding employment are made with the input of or based on the observations of more than one person. This presents complications for employment discrimination plaintiffs seeking to prove discriminatory animus resulting in an adverse employment decision for the plaintiff. Specifically, many plaintiffs are left to deal with the unresolved issue of whether they have a claim for employment discrimination when a discriminating non-decision making coworker or direct supervisor supplies incorrect or distorted information to their superiors who have the authority to fire them. This is known as the "cat's paw" theory of liability or "subordinate bias liability."

The …

Buying A Lie: The Harms And Deceptions Of Ghostwriting, T. J. Fosko

University of Arkansas at Little Rock Law Review

Ghostwriters are hired by politicians, celebrities, professionals and even established authors to do the work of writing for significant monetary compensation. Although ghostwriters receive no professional credit for their authorship, publishers who employ ghostwriters enjoy the financial windfall of marketing a book by a well-known person. While the economic harm of purchasing a relatively inexpensive book from what the consumer thought was a best-selling author is relatively slight, the serious harm of ghostwriting is the message received by the consumer who thinks that the ideas and message of the book come from the purported author.

Despite the inherently deceptive nature …

Family Law—Egg Donation And Stem Cell Research—Eggs For Sale: The Scrambled State Of Legislation In The Human Egg Market, Kitty L. Cone

University of Arkansas at Little Rock Law Review

Rapid expansion of technology in medicine over the last few decades has both enhanced our lives and complicated our laws. For example, thanks to advances in science and medicine, couples who were previously unable to reproduce are now able to do so with the help of donors, medical personnel, and a host of other middlemen facilitating the process. The growth of medical technology has also lead to the advent of using human eggs for medical research. However, despite competing for eggs from a small pool of willing donors, there is a disparity in the law between the treatment of human …

A Dedication To Dean William H. Bowen, Paula J. Casey

University of Arkansas at Little Rock Law Review

No abstract provided.

Four Easy Pieces To Balance Privacy And Accountability In Public Higher Education: A Response To Wrongdoing Ranging From Petty Corruption To The Sandusky And Penn State Tragedy, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen J. Wermiel

The Journal of Appellate Practice and Process

No abstract provided.

The Legacy Of Louis D. Brandeis, Melvin I. Urofsky

The Journal of Appellate Practice and Process

No abstract provided.

Masthead - Cardozo Public Law, Policy, And Ethics Journal, Vol. 11 (2012-13)

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Due Process And The Post-Padilla Landscape: Balancing The Severity Of Deportation As A Collateral Consequence With A Court's Traditionally Narrow Obligation In Accepting A Plea, Orrie A. Levy

Cardozo Public Law, Policy & Ethics Journal

The article examines the implications of the Supreme Court's decision in Padilla v. Kentucky, which established that defense attorneys must inform defendants of the immigration consequences of a guilty plea under the Sixth Amendment. It explores the tension between the Sixth Amendment right to effective assistance of counsel and the Fifth Amendment due process obligations of trial courts, highlighting that while Padilla mandates attorney advice on immigration consequences, courts are not required to inform defendants of such consequences. The article argues against extending due process obligations to include severe collateral consequences, emphasizing the impracticality of requiring courts to foresee …