Digital Commons Network^™

Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt

Faculty Scholarship

No abstract provided.

"Just Another Little Black Boy From The South Side Of Chicago": Overcoming Obstacles And Breaking Down Barriers To Improve Diversity In The Law Professoriate, Michael Z. Green

Faculty Scholarship

As I reflected on my personal experience to help address the persistence of discrimination in legal academia, I chose to focus on five areas of discussion for the open mic portion of the program held at the Association of American Law Schools Cross-Cutting Program, “The More Things Change ...: Exploring Solutions to Persistent Discrimination in Legal Academia,” held on January 4, 2015, in Washington, D.C. First, I decided to address my personal development as an only child and male in a family of mostly black women struggling through the socioeconomic challenges of being poor and black. To add to that …

Adopting The Gay Family, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Common Law Fundamentals Of The Right To Abortion, Anita Bernstein

Faculty Scholarship

No abstract provided.

Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman

Faculty Scholarship

Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant’s race from police dossiers shared …

The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav

Faculty Scholarship

The Women of the Wall wish to participate in communal prayer in the women’s section of the Western Wall in Jerusalem. Their practice is to pray as a group, wrap themselves in a tallit, and read from the Torah scroll. They represent Jewish pluralism in that their group includes Orthodox, Conservative, Reform and secular women. They represent openness to change in that they base their claims on Halakhic interpretation, thereby embracing the capacity of Jewish law to evolve. This article reviews the resistance of the religious and political establishment in Israel to their claim and their struggle, unsuccessful so far, …

The Intersection Of Civil And Religious Family Law In The U.S. Constitutional Order: A Mild Legal Pluralism, Linda C. Mcclain

Faculty Scholarship

This chapter considers how civil and religious family law intersect in the U.S. legal system and how U.S. constitutional law shapes and constrains the accommodation of religious pluralism as it pertains to family law. To the question, “Is there too much or too little pluralism in U.S. family law?,” I answer that family law appropriately embraces a mild legal pluralism, while clearly distinguishing between civil and religious marriage. After illustrating this distinction in the context of the recent controversy over same-sex marriage, I consider two categories of cases: (1) cases in which courts consider whether to enforce terms of Jewish …

Understanding Student Evaluations : A Black Faculty Perspective., Armon R. Perry, Sherri L. Wallace, Sharon E. Moore, Gwendolyn D. Perry-Burney

Faculty Scholarship

Student evaluations of faculty teaching are critical components to the evaluation of faculty performance. These evaluations are used to determine teaching effectiveness and they influence tenure and promotion decisions. Although they are designed as objective assessments of teaching performance, extraneous factors, including the instructors’ race, can affect the composition and educational atmosphere at colleges and universities. In this reflection, we briefly review some literature on the use and utility of student evaluations and present narratives from social work faculty in which students’ evaluation contained perceived racial bias.

Marriage Equality And The New Maternalism, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Teaching Behavior Questionnaire : Verifying Factor Structure And Investigating Depressive Symptoms In Catholic Middle And High Schools., Caroline M. Pittard, Patrick Pössel, Rosamond J. Smith

Faculty Scholarship

Teaching behavior impacts student psychopathology. This study explored the associations between teaching behavior types and depressive symptoms in students. The Teaching Behavior Questionnaire (TBQ) and the Center for Epidemiological Studies – Depression Scale (CES-D) were completed by 763 middle and 976 high school students from private Catholic schools. In the middle school sample, a confirmatory factor analysis confirmed the four-factor structure of the TBQ previously found in public high schools. As predicted, a two-level hierarchical linear model (HLM) analysis with the high school sample found that only the Negative Teaching Behavior scale of the TBQ was positively related to CES-D …

Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael C. Harper

Faculty Scholarship

In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?

In Young, the first of these decisions, all members of the …

Motivating Students To Learn Science: A Physicist’S Perspective, Mark P. Silverman

Faculty Scholarship

The objective of this article is to make explicit some concrete ways in which an accurate perspective of what science is contributes significantly to improving science teaching. Effective science teaching begins with the recognition that for both practising scientists and students the desire to find answers to personally meaningful questions about natural phenomena is the strongest incentive to study science. Instructional methods that nurture and draw upon the curiosity of students have the best chance to motivate students to learn science. Teaching in this way entails helping students 1) to see the conceptual relevance, utility, and aesthetic dimension of what …

An Overlooked Key To Reversing Mass Incarceration: Reforming The Law To Reduce Prosecutorial Power In Plea Bargaining, Cynthia Alkon

Faculty Scholarship

The need to “do something” about mass incarceration is now widely recognized. When President Obama announced plans to reform federal criminal legislation, he focused on the need to change how we handle non-violent drug offenders and parole violators. Previously, former Attorney General Eric Holder announced policies to make federal prosecutors “smart on crime.” These changes reflect, as President Obama noted, the increasing bipartisan consensus on the need for reform and the need to reduce our incarceration rates. However, proposals about what to reform, such as President Obama’s, tend to focus on some parts of criminal sentencing and on prosecutorial behavior …

Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol

Faculty Scholarship

On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …

Abuse And Harassment Diminish Free Speech, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Black Church : Responding To The Drug-Related Mass Incarceration Of Young Black Males : "If You Had Been Here My Brother Would Not Have Died!", Sharon E. Moore, A. Christson Adedoyin, Michael A. Robinson, Daniel A. Boamah

Faculty Scholarship

The mass incarceration of young Black males for drug-related offences is a social issue that has broad implications. Some scholars have described this as a new form of racism that needs to be addressed through the concerted effort of various institutions, including the Black Church. In this paper the authors will elucidate the past and current roles of the Black Church, discuss the utilization of the social work Theory of Empowerment and Black Church theology to address the disproportionality of drug-related mass incarceration of young Black males, focus on initiatives undertaken by the Black Church to address this issue and …

Occupying The Constitutional Right To Housing, Lisa T. Alexander

Faculty Scholarship

The United States does not recognize a formal legal right to housing. Yet, the right to housing is alive in America. Using qualitative interviews and case studies, this Article is the first to argue that recent American housing rights movements, such as the Occupy Movements, Take Back the Land movements, and Home Defenders’ League, give legal meaning to an American constitutional right to housing. These social movements represent the right to housing in American law when they occupy and retain vacant and real estate–owned homes, defend home owners and renters from illegal evictions and foreclosures, encourage municipalities to use eminent …

Perfect Plaintiffs, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Student Evaluation Instruments: Online Vs. Paper, R. Brian Balyeat, Julie Cagel

Faculty Scholarship

No abstract provided.

Environmental Justice In Maryland, Environmental Law Clinic, Jane F. Barrett, Matthew Peters, Hilary Jacobs, Jason Rubinstein

Faculty Scholarship

No abstract provided.

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …

Correlates Of Smoking Status Among Women Experiencing Intimate Partner Violence: Substance Use, Posttraumatic Stress, And Coping [Post-Print], Tami Sullivan, Julianne Flanagan, Desreen Dudley, Laura Holt, Carolyn Mazure, Sherry Mckee

Faculty Scholarship

Background and Objectives

Smoking prevalence among women who experience intimate partner violence (IPV) is two to three times higher than the prevalence among women nationally. Yet, research on cigarette smoking among this population of women is scarce.

Methods

This study examined differences between daily smokers and non-smokers among a sample of 186 IPV-victimized women. Comparing these groups may identify key factors that could inform future research, and ultimately, smoking cessation interventions to improve women's health.

Results

Results showed that smokers and non-smokers differed in terms of alcohol and drug use problem severity, posttraumatic stress symptom severity, psychological and physical IPV …

The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale

Faculty Scholarship

There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” (IoT): sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social …

False Framings: The Co-Opting Of Sex-Selection By The Anti-Abortion Movement, Seema Mohapatra

Faculty Scholarship

No abstract provided.

The Sistren: Ranking The Top 10 Female Supreme Court Justices, Meg Penrose

Faculty Scholarship

Of all the “best” and “worst” Supreme Court lists published, there has never been a listing of the Top Ten female Justices. The reason for this scholarly void is simple: only four women have served on the Court. Indeed, only five women have been nominated. I am pleased to present the first, though admittedly incomplete, listing of the Top Ten female Justices.

Threshold Liberty, Dawinder S. Sidhu

Faculty Scholarship

To ensure that the Thirteenth Amendment has modern application in a manner consistent with these important constitutional considerations and these cases, the Amendment should no longer be interpreted to prohibit the “badges and incidents” of slavery, a non-textual category of harms that is virtually limitless in scope and is therefore virtually limitless as a source of congressional action. Instead, drawing from the Amendment’s textual prohibitions against “slavery” and “involuntary servitude,” direct or functional limitations on physical mobility should be the touchstone for the enforcement power moving forward. To justify this proposal, this Article summarizes the Supreme Court’s Thirteenth Amendment jurisprudence, …

Promoting Self-Transcendence And Well-Being In Community-Dwelling Older Adults : A Pilot Study Of A Psychoeducational Intervention., Valerie Lander Mccarthy, Jiying Ling, Sharon Bowland, Lynne A. Hall, Jennifer Connelly

Faculty Scholarship

Self-transcendence changes how older adults perceive themselves, their relationships with others, the material world, and the metaphysical or spiritual dimension. It is associated with multiple indicators of well-being. The purpose of this pilot study (N = 20) was to examine the feasibility and effectiveness of a psychoeducational intervention to increase self-transcendence and well-being of older adults. Data were analyzed using generalized estimating equations. All variables trended in the directions hypothesized. Self-transcendence increased in the intervention group and decreased in the control group but not significantly. The group × time interaction for life satisfaction was significant (z = 2.89, …

Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Dualism And Doctrine, Alex Stein, Dov Fox

Faculty Scholarship

No abstract provided.

Workplace Dignity: Communicating Inherent, Earned, And Remediated Dignity, Kristen Lucas

Faculty Scholarship

Extant research on dignity at work has revealed conditions that contribute to indignity, employees’ responses to dignity threats, and ways in which employees’ inherent dignity is undermined. But while dignity – and specifically indignity – is theorized as a phenomenon subjectively experienced and judged by individuals, little research has privileged workers’ own perspectives. In this study, working adults reveal how they personally experience and understand meanings of dignity at work. I describe three core components of workplace dignity and the communicative exchanges through which dignity desires commonly are affirmed or denied: inherent dignity as recognized by respectful interaction, earned dignity …