Digital Commons Network^™

Enhancing Child Care For Children With Special Needs Through Technical Assistance, Cyleste C. Collins, Robert L. Fischer, Nina Lalich

Faculty Scholarship

Children with special needs often require additional supports in child care settings. The provision of technical assistance (TA) and consultation to child care teachers is an established method for addressing this need. This study expands on existing research by bringing the perspective of different adults (parents, technical assistance consultants, teachers, and child care center directors) together to better understand the experiences of all parties involved in TA cases for children between the ages of three and five. The concerns most frequently leading to the consultation were social-emotional-behavioral (50.5%), developmental (32.3%), medical (28.3%), and environmental risk (14%), and one quarter of …

Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Pasquale, Frank, Citron, Danielle Keats, Frank Pasquale, Danielle Keats Citron

Faculty Scholarship

No abstract provided.

Answering The "Serious Constitutional Question": Ensuring Meaningful Review Of All Constitutional Claims, George Bach

Faculty Scholarship

In 2012, the Supreme Court in Elgin v. Department of the Treasury clarified the standard that should apply when a federal statute purports to remove judicial review of all constitutional claims. The Court confirmed that, if a statute only channels judicial review of a constitutional claim into a specific avenue (for example, through administrative review and then the Federal Circuit Court of Appeals), then Congressional intent to do so need only be fairly discernible.' Alternatively, if a statute precludes all judicial review of a constitutional claim, there must be 'clear Congressional intent.' The Court explained that the reason for these …

Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Danielle K. Citron, Frank Pasquale

Faculty Scholarship

There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.

Windsor, Surrogacy, And Race, Khiara Bridges

Faculty Scholarship

Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor. In …

Liberty, James E. Fleming, Linda C. Mcclain

Faculty Scholarship

"To secure the blessings of liberty," the Preamble to the US Constitution proclaims, "We the People . . . ordain and establish this Constitution." The Constitution is said to secure liberty through three principal strategies: the design of the Constitution as a whole; structural arrangements, most notably separation of powers andfederalism; and protection of rights. This chapter focuses on this third strategy of protecting liberty, in particular, through the Fifth and Fourteenth Amendments. We first examine the several approaches taken to the "Incorporation" of certain basic liberties "enumerated" in the Bill of Rights to apply to the state governments. We …

Gender Diversity In The Patent Bar, Saurabh Vishnubhakat

Faculty Scholarship

This article describes the state of gender diversity across technology and geography within the U.S. patent bar. The findings rely on a new gender-matched dataset, the first public dataset of its kind, not only of all attorneys and agents registered to practice before the United States Patent and Trademark Office, but also of attorneys and agents on patents granted by the USPTO. To enable follow-on research, the article describes all data and methodology and offers suggestions for refinement. This study is timely in view of renewed interest about the participation of women in the U.S. innovation ecosystem, notably the provision …

The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

University Of Radicalism: Ricardo Flores Magón And Leavenworth Penitentiary, Christina Heatherton

Faculty Scholarship

Between 1917 and 1922, Leavenworth Federal Penitentiary was occupied by a unique mix of soldiers, war dissenters, radical labor organizers, foreign-born radicals, Black militants, and Mexican revolutionaries. Prisoners included figures like Ricardo Flores Magón, one of the central theorists and agitators of the Mexican Revolution. The article observes how incarcerated revolutionaries and working-class soldiers coordinated night schools, produced their own newspaper, led May Day marches, initiated strikes, and continued agitating and educating one another in the prison. Drawing from prison records, inmate book collections, correspondence, and federal surveillance records, archives collected from across the United States, Mexico City, and Amsterdam, …

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden

Faculty Scholarship

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …

Angela Harris: The Person, The Teacher, The Scholar, Rachel F. Moran

Faculty Scholarship

Angela Harris has written eloquently about the creative tensions that define her as a person, a teacher, and a scholar. She has explored the challenges of maintaining a private identity when called upon to share her life experience with a public audience, whether in the classroom, at a conference, or in an essay. She has reflected on the ways in which legal teaching privileges reason over emotion, wondering whether this dynamic impoverishes the exchange of ideas and undervalues the joy that can motivate a caring advocate. And, she has explored the dialectic between identity politics and the structural forces that …

Review Of Women, Work, And Clothes In The Eighteenth-Century Novel, By Chloe Wigston Smith, Barbara M. Benedict

Faculty Scholarship

No abstract provided.

Reed-Kellogg Diagramming And Vernacular Speech: ‘Telling It Slant’ In The Introductory Classroom [Post-Print], Lucy Ferris

Faculty Scholarship

No abstract provided.

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium — The Plenary Panel, Maritza Reyes, Angela Onwuachi-Willig, Stephanie Wildman, Adrien Wing

Faculty Scholarship

Reflections on Presumed Incompetent: The Intersections of Race and Class for Women in Academia Symposium -- The Plenary Panel in the Berkeley Journal of Gender, Law & Justice represents the author’s reflections on the recent important book PRESUMED INCOMPETENT edited by Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González, and Angela P. Harris. PRESUMED INCOMPETENT has started a national movement of attention to treatment of women of color in academia; google the reviews and check out the book’s Facebook presence. In this recreation of the symposium plenary, the panelists discuss issues surrounding race and gender in academia, particularly …

Impossible Choices: Balancing Safety And Security In Domestic Violence Representation, Camille Carey, Robert A. Solomon

Faculty Scholarship

Domestic violence victims often face the impossible choice between physical safety and financial security. State intervention can offer some protection to victims, but enlisting the criminal justice system through reporting domestic violence or restraining order violations can have drastic financial consequences. Involving the state is likely to lead to sanctions for the abuser which would ultimately deprive the victim of child support, alimony, and other financial support, which may be the totality of the victim’s financial resources. To avoid this result, many victims refuse to enforce court orders intended to maximize their safety. This article examines the context in which …

Criminalizing Revenge Porn, Danielle K. Citron, Mary Anne Franks

Faculty Scholarship

Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.

Stereotype Threat And Law Librarianship, Ronald E. Wheeler

Faculty Scholarship

Mr. Wheeler looks at the concept of stereotype threat and discusses ways to confront and combat it in a diverse society. He proposes some simple solutions within the American Association of Law Libraries (AALL) and the law librarianship profession to help diminish the effects of this psychological barrier.

Gender In Asbestos Law: Cui Bono: Cui Pacat, Anita Bernstein

Faculty Scholarship

No abstract provided.

Crowdsourcing Public Health Experiments: A Response To Jonathan Darrow's Crowdsourcing Clinical Trials, Ameet Sarpatwari, Christopher Robertson, David Yokum, Keith Joiner

Faculty Scholarship

We are pleased to have this opportunity to respond to Jonathan Darrow's article, Crowdsourcing Clinical Trials (CCT).' We seek to highlight its important contributions and to commence debate over some of its arguments. In particular, we qualify the ethical arguments that characterize early clinical use of drugs as if they were research, and suggest instead that, in either domain, the ethical (and legal) analysis should remain focused on whether all material information is provided so patients may make informed decisions. We also highlight the limits of what can be gleaned from the observational data collection efforts envisioned by CCT.

Ultimately, …

Standing In The Gap : The Past And Future Of Pan-African Studies At The University Of Louisville., Ricky L. Jones

Faculty Scholarship

Closing this special issue dedicated to the University of Louisville’s Pan-African Studies Department (PAS) on the occasion of its 40th anniversary, this article poses the questions, What is Pan-African Studies? What does Pan-African Studies do? Why is it needed? What does it address and how does it contribute to the ongoing humanization project that has sat at the heart of so many national and global struggles?

Racial Classifications, Biomarkers, And The Challenges Of Health Disparities Research In The African Diaspora., Latrica E. Best, John Chenault

Faculty Scholarship

Current scholarly research, both sociologically and biologically based, continues to be inundated with notions of race operating as a biological construct and as a proxy for poor health outcomes. Medical research and practice have fostered an environment where diagnostics, treatment, and the creation and dissemination of drug regimens often are influenced by a patient’s skin color and ethnicity. The emergence of biological markers in social science-based surveys has fueled recent health disparities research that is shaping the meaning, interpretation, and policy of the health of people of color. Using hypertension as an example, this paper focuses on ways in which …

Do Trust-Based Beliefs Mediate The Associations Of Frequency Of Private Prayer With Mental Health? : A Cross-Sectional Study., Patrick Pössel, Stephanie Winkeljohn Black, Annie C. Bjerg, Benjamin D. Jeppsen, Don T. Wooldridge

Faculty Scholarship

Significant associations of private prayer with mental health have been found, while mechanisms underlying these associations are largely unknown. This cross-sectional online study (N = 325, age: 35.74, SD: 18.50, 77.5% female) used path modeling to test if trust-based beliefs (whether, when, and how prayers are answered) mediated the associations of prayer frequency with the Anxiety, Confusion, and Depression Profile of Mood States-Short Form (POMS) scales. The association of prayer and Depression was fully mediated by trust-based beliefs; associations with Anxiety and Confusion were partially mediated. Further the interaction of prayer frequency by stress was association with Anxiety.

Correlates Of Gang Involvement And Health-Related Factors Among African American Females With A Detention History, Dexter R. Voisin

Faculty Scholarship

Background: Prior studies have assessed relationships between gang membership and health-related factors. However, the existing literature has largely failed to consider how individual and broader social contextual factors might be related to such gang involvement among African American females. Thus, the aim of the present study was to identify empirically driven correlates of gang involvement and then better understand the relationship between gang membership and health-related behaviors for African American females, after controlling for covariates of gang involvement. Methods: Data were collected from a convenience sample of detained African American adolescents females, between the ages of 13-17, currently incarcerated in …

Attitudes About Help-Seeking Mediate The Relation Between Parent Attachment And Academic Adjustment In First-Year College Students, Laura Holt

Faculty Scholarship

Although numerous studies have documented an association between parent attachment and college student adjustment, less is known about the mechanisms that underlie this relation. Accordingly, this short-term longitudinal study examined first-year college students’ attitudes about academic help-seeking as one possible mechanism. As predicted, help-seeking attitudes mediated the relation between parent attachment and academic adjustment, even after controlling for gender and initial academic adjustment, with females holding more favorable attitudes about academic help-seeking. College personnel might explicitly encourage academic help-seeking in first-year students to maximize academic success and mitigate the effects of insecure attachment and gender-specific socialization.

A Return To States' Rights Model: Amending The Constitution's Most Controversial And Misunderstood Provision, Meg Penrose

Faculty Scholarship

This Article seeks to return to the intent of the Symposium, which was to stimulate a meaningful dialogue on the modern Second Amendment. More specifically, it proposes a return to the states' rights model that predated the Supreme Court's narrow decisions in District of Columbia v. Heller and McDonald v. City of Chicago by using the Article V process set forth directly in the Constitution to address modern concerns about firearms. The proposal flows from a healthy skepticism about the role of the federal government in interpreting gun regulations, as well as a desire to avoid the inevitable follow-up decisions …

Illegitimate Borders: Jus Sanguinis Citizenship And The Legal Construction Of Family, Race, And Nation, Kristin Collins

Faculty Scholarship

The citizenship status of children born to American parents outside the United States is governed by a complex set of statutes. When the parents of such children are not married, these statutes encumber the transmission of citizenship between father and child while readily recognizing the child of an American mother as a citizen. Much of the debate concerning the propriety and constitutionality of those laws has centered on the extent to which they reflect gender-traditional understandings of fathers’ and mothers’ respective parental roles, or instead reflect “real differences” between men and women. Based on extensive archival research, this Article demonstrates …

Successful Aging In The United States And China : A Theoretical Basis To Guide Nursing Research, Practice, And Policy., Valerie Lander Mccarthy, Hong Ji, Jiying Ling

Faculty Scholarship

Successful aging is an idea gaining increasing attention given the exponential growth in the older adult population. Criteria and definitions within multiple disciplines vary greatly in Western literature, with no consensus on its meaning. Moreover, sociocultural, economic and political differences between the Western view of successful aging and its use in China – with the world’s largest older adult population – add to the confusion. Similarities and differences in the meaning of successful aging in the United States and China are examined and the potential for a common definition that is useful to nursing in both countries is explored. Using …

Dynamic Social Support Networks Of Younger Black Men Who Have Sex With Men With New Hiv Infection, Dexter R. Voisin

Faculty Scholarship

Rising rates of HIV infection among younger black men who have sex with men (YBMSM) in the USA have generated a public health emergency. Living with HIV requires deep and persistent social support often available only from close confidants. Enlisting endogenous support network members into the care of HIV-infected YBMSM may help shape sustainable supportive environments, leading to long-term improvements in mental and HIV-specific health outcomes. The present study examined trends in support network change over time after new HIV diagnoses among 14 YBMSM. Participants completed a social network survey that utilized sociograms to record support confidants (SCs) preceding HIV …

The Motherhood Wage Penalty And Non-Working Women, Xiaoyan Youderian

Faculty Scholarship

No abstract provided.

China And South Asia: Contention And Cooperation Between Giant Neighbours, Xiangming Chen, Pallavi Banerjee, Gaurav I. Toor, Ned Downie

Faculty Scholarship

Are China and India allies or enemies in the South Asian economy? Well, it seems they are both; working together in healthy and profitable partnerships while maintaining armies in the contested China-India borders. This article explains the paradoxical nature of the China-India relationship and its impact and implications for the smaller countries in South Asia and neighboring Southeast Asia.