1,721,030 research outputs found
Creighton Law Review
No full textINTRODUCTION|In 2008 Professor Katherine Porter published in the Texas Law Review a comprehensive empirical article regarding mortgage claims filed in Chapter 13 bankruptcy proceedings. That article was made widely available to researchers on the Social Science Research Network electronic library several months prior to publication in the Texas Law Review. Her work has influenced the public debate regarding the need for mortgage lending and foreclosure reform. While her findings are interesting and suggestive of the need for reforms, there are, however, limits to the conclusions that can be drawn as to the extent of mortgage servicer abuse of mortgage debtors. Moreover, while Porter is a careful scholar who candidly recognizes the various limitations of her analysis, there are indications that some people will misuse her work by overlooking those limitations in an attempt to use her study to justify calls for increased regulation of mortgage servicers. In this Article, I will point out some of the limitations of Porter's study and offer my thoughts on what one can fairly conclude from her findings as to the extent of mortgage servicer abuse...2011-2012361454
Creighton Law Review
No full textINTRODUCTION|In several recent and important co-authored articles, Margaret Blair and Lynn Stout have set forth and elaborated upon an intriguing "team production model" (henceforth "TPM") of corporate governance. These articles advance two bold claims. First, the authors make the descriptive claim that the courts now embrace the TPM as the paradigmatic governance framework for public corporations more than they do the competing agency model and its associated norm of shareholder primacy. Second, the authors applaud this development, contending that the TPM better reflects the reality of modern public corporate governance arrangements than does the conventional agency model, and thus provides a superior normative paradigm for guiding corporate law....2002-2003623363
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Is a Signed Offer Sufficient to Satisfy the Statute of Frauds?
Get PDFIn this article, the author attempts to clarify the law on the issue of whether a signed offer is a “sufficient writing to satisfy the statute of frauds requirement. The article seeks to demonstrate that much of the confusion among contract law treatises regarding this issue stems from the writers sometimes failing to distinguish clearly between common law state statutes of frauds and UCC Section 2-201. Given the large body of case law in support of allowing signed offers to satisfy the common law statute of frauds requirements, the author argues that courts should be more reluctant to interpret UCC Section 2-201 to hold signed offers insufficient. The author also offers another reasonable interpretation for Section 2-201 that would better reflect the intent of the drafters of the UCC
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
Further Reflections on Post-Realist Legal Scholarship and Teaching: A Brief Response to Professor Scordato
Get PDFIn this article, the author scrutinizes Professor Marin Roger Scordato’s recommendations regarding legal scholarship and teaching in the post-realist era. The author takes issue with some of Scordato’s recommendations on how to resolve the tension between instrumentalism and formalist legal discourse. Rather than devoting the bulk of their instruction to conventional doctrines and formalist analysis, the author suggests that instrumentalist law professors give greater relative emphasis to instrumentalist critiques
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