Social and Behavioral Sciences Commons^™

Understanding The Interaction In Mediation Caucuses: Negotiation Positions, Disputant Assessments, Bias And Neutrality, Angela Cora Garcia

Natural & Applied Sciences Faculty Publications

Previous research on how mediation helps disputing parties to reach resolution has not addressed the interaction in caucuses (i.e. separate meetings) between mediators and individual disputants which may be held in addition to the joint mediation sessions. This discourse-analytic study of videotaped mediation caucuses reveals both constructive and potentially problematic aspects of participants’ interaction during the caucuses. While some disputants engaged in constructive actions, such as articulating their bottom line negotiating position or sharing information with the mediator which had not been revealed in the joint session, others produced negative assessments of the opposing disputants. Also, mediators’ openness in expressing …

Remembering, David Schlitz

Mighty Pen Project Anthology & Archive

A Coastie recalls the life onboard with his mates, the many rescues, the hard work of the sea, and his youth.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Bombolini, David Aldridge

Mighty Pen Project Anthology & Archive

A seasoned soldier takes in a new guy against his better judgement and does his best to keep the man alive.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Hog Board, Joe Maslanka

Mighty Pen Project Anthology & Archive

A young Marine in training stands up to his drill instructors on behalf of his mother.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Pop Rivet, Chris Knaggs

Mighty Pen Project Anthology & Archive

On a nuclear submarine, in a modern Navy, blending the sexes proves to be a challenge for the Old Guard.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Dress Code, Joe Maslanka

Mighty Pen Project Anthology & Archive

A former Marine struggles to find his place in the civilian world.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Protecting The Rights And Interests Of Sukuk Holders From The Risks Of Default/Counterparty, Bankruptcy And Shari'ah Reality, Development And Challenges (Special Attention To Saudi Arabia), Omar Aloudah

Maurer Theses and Dissertations

The Sukuk markets, including the Saudi Arabian market, involve a variety of risks, the most important of which are credit and bankruptcy risks. This relatively new industry should be responsible for protecting the interests of potential Sukuk holders, whether individuals, financial institutions or banks, from credit and bankruptcy risks in order to maintain the reputation of these Islamic investment financial instruments and to increase their pace of growth. This dissertation highlights the negative effects of default on investors in Sukuk and highlights Shari’ah restrictions on various treatment options. We aim to examine the current efforts, with special attention to the …

Book Review: Abortion Rights: For And Against, Michelle Oberman, Julia D. Hejduk

Faculty Publications

No abstract provided.

Investigating A Macro Level Trial Tax: An Analysis Of The Relationship Between A Circuit's Plea Proportion And Median Sentence Length In U.S. Federal Courts, Denise Lafontaine

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This study investigates the relationship between the proportion of cases resolved by plea in the federal court circuits and the median sentence length of those circuits. Through OLS regression, this study models the relationship, controlling for variation in circuits, year, and violent crime proportion. With an understanding of two common theoretical frameworks surrounding the trial tax discussion, this study theorized under a focal concerns perspective that as the proportion of cases resolved by plea in a circuit increases, the median sentence length of that circuit would decrease. The results of this study are consistent with results of prior research showing …

Hardware, Heartware, Or Nightmare: Smart-City Technology And The Concomitant Erosion Of Privacy, Leila Lawlor

Faculty Publications By Year

Smart city technology is being adopted in cities all around the world to simplify our lives, save us time, ease traffic, improve education, reduce energy usage and keep us safe. This article discusses smart city projects being utilized in crime prevention and investigations. Specifically, this article highlights examples of gunshot detection devices and surveillance that have led to improvements in public safety in Cape Town, Chicago and Atlanta, and discusses their impacts to privacy.

Introduction, Julian C. Juergensmeyer, Karen Johnston

Faculty Publications By Year

No abstract provided.

A Comparison Of Two Smart Cities: Singapore & Atlanta, Karen Johnston

Faculty Publications By Year

This paper compares Singapore's top-ranked smart city strategy to Atlanta, Georgia, a city that does not make a top smart city ranking but boasts internationally recognized smart city projects.

Rainwater Harvesting: Legal Frameworks In The United States, Singapore And Other Countries, Julian Conrad Juergensmeyer, Audrone Vysniauskaite Durham

Faculty Publications By Year

With increasing climate change effects worldwide, rainwater harvesting is likely to become more and more important to ensure reliable alternative water supply and to conserve the environment. This article examines two goals to be accomplished through rainwater harvesting: (1) augmenting water supply for proposed development's use through regulations that have been formulated to make the proposed development responsible for at least a portion of the water supply needed to support the new development; and (2) managing stormwater runoff. The results show that many, perhaps most, rainwater harvesting programs, as exemplified by efforts in Singapore and elsewhere around the world, succeed …

Freedom And Prison: Putting Structuralism Back Into Structural Inequality, Anders Walker

All Faculty Scholarship

Critics of structural racism frequently miss structuralism as a field of historical inquiry. This essay reviews the rise of structuralism as a mode of historical analysis and applies it to the mass incarceration debate in the United States, arguing that it enriches the work of prevailing scholars in the field.

Past Invasive Species Advisory Committee (Isac) Members, National Invasive Species Committee

National Invasive Species Council

United States Department of the Interior

National Invasive Species Council

Invasive Species Advisory Committee (ISAC)

Past ISAC Members:

Class 9 (2016-2019)

Class 8 (2011-2016/2017)

Class 7 (2011-2012/2014)

Class 6 (2009-2011/2012)

Class 5 (2008/2009-2010)

Class 4 (2006-2008)

Class 3 (2004-2006)

Class 2 (2002-2004)

Class 1 (1999-2001)

Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff

Touro Law Review

No abstract provided.

Assessing The Potential Impacts Of The Tax Reform For Acceleration And Inclusion And The Build Build Build Program, Caesar Cororaton, Marites Tiongco, Justin S. Eloriaga

Angelo King Institute for Economic and Business Studies (AKI)

The Tax Reform for Acceleration and Inclusion (TRAIN) Act has prompted key changes in the personal income tax regime through excise taxes on most goods such as petroleum, sugar-sweetened beverages, and automobiles. The TRAIN was implemented to generate funds for the Build Build Build (BBB) program and at the same time to address income inequality and poverty. This paper aims to assess the potential growth, poverty, and distributional effects of the TRAIN Package 1 and the BBB Program using a computable general equilibrium model with poverty simulation. Results suggest that TRAIN I has prompted additional revenue in social programs and …

Assessing The Size Of The Affordability Problem In Scholarly Publishing, Alexander Grossman, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

For many decades, the hyperinflation of subscription prices for scholarly journals have concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, also the prices for open access publishing are high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the …

(Un)Safe Zones: Good Intentions, Bad Logic, Emma Henson

CMC Senior Theses

This thesis aims to explore the disconnect between calls for safe zones as a tool of humanitarian intervention, and the dark history of safe zone failure. This thesis begins with a brief discussion of current calls for safe zones in Syria, and how a proper theoretical framework and historical understanding are needed to discuss whether or not safe zones can be successfully implemented in Syria. The following literature review discusses not only prominent academic arguments and the history of humanitarian intervention, but it suggests a framework for deconstructing case studies. This framework looks first at the interests of an intervening …

Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio

CMC Senior Theses

The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …

Data Disparity: Tiered Pricing As An Alternative To Consumer Iot Data Privacy Regulations, Matthew Lostocco

Honors Theses and Capstones

In recent years, Internet of Things (IoT) devices have exploded on the consumer scene. These emerging products bring new technological capabilities into our everyday lives. IoT is projected to contribute anywhere from $4-11 trillion to the global economy and companies are investing billions of dollars into the technology. However, with the vast amount of data that IoT devices collect, consumers are burdening the risk of having their personal data breached or sold to third parties. This paper first identifies why consumers may be weary or willing towards providing their personal data and how unconscious biases in the purchasing process cause …

Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub

Psychology Faculty Scholarship

Objectives: We explored how relations among juror gender, confession evidence, and empathy impacted verdicts for a juvenile defendant accused of a serious crime. Methods: Jury-eligible women and men (N = 128) participated in a mock trial involving a girl defendant who had either maintained her innocence, confessed voluntarily, or confessed under coercion. Participants reviewed case materials, received juror instructions, and reported their verdict and empathy for the girl defendant. A manipulation check ensured participants attended to details surrounding the confession and participants were grouped by whether they perceived the confession as voluntary or coerced. A logistic regression analysis examined main …

Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Over roughly the past four decades, government officials from around the world have been erecting a framework of economic governance with major – but under-appreciated – implications for intra-national inequality. The components of this framework are thousands of bilateral and multilateral treaties designed to protect international investment. In many jurisdictions, the treaties have been concluded without public awareness or scrutiny or even much discussion or analysis by government officials – including those officials responsible for negotiating the agreements(Poulsen 2015) – and without an adequate understanding of how these agreements could affect intra-national inequality. Long imperceptible, the size and power of …

The Operational And Administrative Militaries, Mark P. Nevitt

Faculty Articles

This Article offers a new way to think about the military. In doing so, I argue that there are, in fact, two militaries residing within the Department of Defense (DoD): an “operational” and an “administrative” military.

In Part II, I propose this new two-military analytical framework. This Part begins with a brief historical overview of the dual-military state and argues that these two militaries coexisted in some form since the nation’s founding, grew further apart following World War II and the National Security Act, and effectively separated following the passage of the 1986 Goldwater-Nichols Act.

Part III analyzes the Goldwater-Nichols …

Clown Eggs, David Fagundes, Aaron Perzanowski

Faculty Articles

Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby …

Law And Neighborhood Names, Nestor M. Davidson, David Fagundes

Faculty Articles

This Article provides a novel investigation of how law both enables and constrains the ability of city residents to claim, name, and often rename their neighborhoods. A rich interdisciplinary dialogue in fields such as geography and sociology has emerged on the significance of place names, but this literature has largely ignored the legal dimensions of the phenomenon and its implications for urban governance, belonging, and community conflict. This Article’s empirical exploration of the role of law in change and conflict regarding neighborhood identity thus advances the discourse both for legal scholars focused on urban dynamics and across disciplines.

From gentrification …

The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag

Faculty Articles

This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme Court oral argument, showing that judicial activity has increased dramatically, in terms of words used, duration of speech, interruptions made, and comments proffered. The Court is asking no more questions of advocates; instead, the justices are providing conclusions and rebutting their colleagues. In addition, the justices direct more of their comments and questions to the side with whom they ultimately disagree. Furthermore, “losing” justices, be it ideological camps that are outnumbered on the Court or dissenters in specific cases, use oral arguments to push back against the dominant …

Taking Laughter Seriously At The Supreme Court, Tonja Jacobi, Matthew Sag

Faculty Articles

Laughter in Supreme Court oral arguments has been misunderstood, treated as either a lighthearted distraction from the Court’s serious work, or interpreted as an equalizing force in an otherwise hierarchical environment. Examining the more than nine thousand instances of laughter witnessed at the Court since 1955, this Article shows that the Justices of the Supreme Court use courtroom humor as a tool of advocacy and a signal of their power and status. As the Justices have taken on a greater advocacy role in the modern era, they have also provoked more laughter.

The performative nature of courtroom humor is apparent …

Judicial Choice Among Cases For Certiorari, Tonja Jacobi, Álvaro Bustos

Faculty Articles

How does the Supreme Court choose among cases to grant cert? In a model with a strategic Supreme Court, a continuum of rule-following lower courts, a set of potential cases for revision, and a distribution of future lower court cases, we show that the Court takes the case that will most significantly shape future lower court case outcomes in the direction that the Court prefers. That is, the Court grants cert to the case with maximum salience. If the Court is rather liberal (or conservative), then the most salient case is that which moves the discretionary range of the legal …

The New Legal Landscape For Text Mining And Machine Learning, Matthew Sag

Faculty Articles

Now that the dust has settled on the Authors Guild cases, this Article takes stock of the legal context for TDM research in the United States. This reappraisal begins in Part I with an assessment of exactly what the Authors Guild cases did and did not establish with respect to the fair use status of text mining. Those cases held unambiguously that reproducing copyrighted works as one step in the process of knowledge discovery through text data mining was transformative, and thus ultimately a fair use of those works. Part I explains why those rulings followed inexorably from copyright's most …