Digital Commons Network^™

Survival Model Predictive Accuracy And Roc Curves, Patrick Heagerty, Yingye Zheng

UW Biostatistics Working Paper Series

The predictive accuracy of a survival model can be summarized using extensions of the proportion of variation explained by the model, or R^2, commonly used for continuous response models, or using extensions of sensitivity and specificity which are commonly used for binary response models.

In this manuscript we propose new time-dependent accuracy summaries based on time-specific versions of sensitivity and specificity calculated over risk sets. We connect the accuracy summaries to a previously proposed global concordance measure which is a variant of Kendall's tau. In addition, we show how standard Cox regression output can be used to obtain estimates of …

Flourishing Forties Against Flaming Fifties: Is Reverse Age Discrimination Actionable Under The Age Discrimination In Employment Act?, Elena Minkin

Saint Louis University Law Journal

No abstract provided.

The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti

ExpressO

This essay attempts to bridge the gap between gay and straight understanding of the Internal Revenue Code’s impact on gay and lesbian couples. Through a combination of personal narrative and legal analysis, I try to explain how, from a gay perspective, the Code can be viewed as discriminating against gay and lesbian couples – regardless of whether, on a net basis, they are required to pay more or less tax than similarly-situated straight couples.

Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner

University of Michigan Journal of Law Reform

In light of the recent controversy surrounding Augusta National Golf Club's exclusionary membership policy, this Article highlights the myriad incentives and disincentives that Augusta and similar clubs have for reforming such policies. The author acknowledges the economic importance of club membership in many business communities and addresses the extent to which club members' claims of rights of privacy and free association are valid. The Article also considers the potential of judicial action in promoting the adoption of more inclusive membership policy; the state action doctrine and the First Amendment right to freedom of association are discussed as frameworks under which …

Equality And The Forms Of Justice, Susan Sturm

University of Miami Law Review

No abstract provided.

Sex Discrimination In The Nineties, Seventies Style: Case Studies In The Preservation Of Male Workplace Norms, Michael L. Selmi

ExpressO

This article analyzes a series of class action employment discrimination cases that have arisen in the last decade to challenge persistent sex discrimination against women. These cases have targetted the practices in the securities and grocery industries, and include a series of sexual harassment class action claims. These cases pose a challenge to the consensual view that sex discrimination is now perpetuated through subtle practices, and instead highlight the continuing ways in which male norms are preserved in the workplace through intentional acts of hostility and exclusion.

So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas

Faculty Publications and Presentations

A high-beam walking ironworker atop a skyscraper develops a severe case of vertigo. A power saw operator develops narcolepsy. Must the employers of these individuals with disabilities tolerate the risk that they pose to their own safety in fear of facing disability discrimination charges by removing the employees from their jobs? The Americans with Disabilities Act of 1990 (ADA) clearly provides a defense to a discrimination claim by an individual with a disability when the employer takes action based on the individual’s posing a direct threat to the health or safety of other individuals in the workplace. This is commonly …

Discrimination: The Law Vs. Morality, Walter E. Williams

ExpressO

Terminology in racial literature is such that various behaviors are confused with one another making for less than rigorous analysis of racial problems. For some writers prejudice is used in a fashion signifying distaste for a particular race; others use the term suggesting the use of racial stereotypes; yet others use the term as a substitute for discrimination. Similar confusion surrounds the term segregation. Writers frequently refer to school segregation, meaning that few blacks in attendance at a predominantly white school but the same writers would never apply the term to an opera performance with few or no blacks in …

Perceptions Of Discrimination Among Persons With Serious Mental Illness, Patrick Corrigan, Vetta Thompson, David Lambert Phd, Yvette Sangster, Jeffrey G. Noel, Jean Campbell

Faculty Publications

Objectives: The authors sought to gain further perspective on discrimination experienced by persons with mental illness by comparing self-reports of discrimination due to mental illness to self-reports of discrimination due to other group characteristics, such as race, gender, and sexual orientation. Methods: A total of 1,824 persons with serious mental illness who participated in a baseline interview for a multistate study on consumer-operated services completed a two-part discrimination questionnaire. The first part of the questionnaire assessed participants' perceptions about discrimination due to mental illness as well as more than half a dozen other group characteristics. The second part of the …

“Black People’S Money”: The Impact Of Law, Economics, And Culture In The Context Of Race On Damage Recoveries, Regina Austin

All Faculty Scholarship

“’Black People’s Money’: The Impact of Law, Economics, and Culture in the Context of Race on Damage Recoveries” is one of a series of articles by the author dealing with black economic marginalization; prior work considered such topics as shopping and selling as forms of deviance, street vending, restraints on leisure, and the importance of informality in loan transactions. This article deals with the linkage between the social significance of black people’s money and its material value. It analyzes the construction of “black money,” its association with cash, and the taboos and cultural practices that assure that black money will …

Best, Gloria And Best, Adrian, Bronx African American History Project

Oral Histories

Interviewees: Gloria and Adrian Best

Interviewers: Dr. Mark Naison

Date of Interview: July 1, 2003

Summarized by Alice Stryker

Gloria Best lived in the Bronx for most of her life and lived in Manhattan only for a short while when she was a child. When she moved back to the Bronx, she was 12 years old and moved to Union Avenue. She attended Morris High School and attended Zion Apostolic. Morris High School as well as the neighborhood she lived in at the time were predominately white.

Her husband was in the military and when they initially got married they …

Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp

San Diego International Law Journal

In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …

Perceptions Of Subtle Gender Discrimination, Hostility, And Sexual Harassment Among Senior Women Faculty At Western Washington University, Linda D. (Linda Darlene) Clark, Pamela Jull, Gary (Gary Russell) Mckinney

Office of Institutional Effectiveness

A web survey of senior women faculty looking into perceptions of subtle gender discrimination, hostility and sexual harassment.

Racial Discrimination In Jury Selection: Professional Misconduct, Not Legitimate Advocacy, Lonnie T. Brown, Jr.

Scholarly Works

This Article examines the paradox between the adversary and disciplinary systems' outward condemnation of discrimination in jury selection and their apparent simultaneous inward acceptance of such conduct as legitimate advocacy.

Retrying Race, Anthony V. Alfieri

Michigan Law Review

This Essay investigates the renewed prosecution of long-dormant criminal and civil rights cases of white-on-black racial violence arising out of the 1950s and 1960s. The study is part of an ongoing project on race, lawyers, and ethics within the criminal-justice system. Framed by this larger project, the Essay explores the normative and sociolegal meaning of that resurgent prosecution. My hope in pursuing this inquiry is to better understand, and perhaps begin to refashion, the prosecutor's redemptive role in cases of racial violence. Both descriptive and prescriptive in nature, the inquiry addresses race in relation to law and community. Grappling with …

The Replacement Dilemma: An Argument For Eliminating A Non-Class Replacement Requirement In The Prima Facie Stage Of Title Vii Individual Disparate Treatment Discrimination Claims, Marla Swartz

Michigan Law Review

Although manifestations of discrimination in the workplace have changed greatly over time, employment discrimination continues to be a tremendous problem in society. By enacting Title VII of the Civil Rights Act of 1964 ("Title VII"), Congress shielded employees from arbitrary adverse employment actions arising from discrimination related to race, color, religion, sex, or national origin. Three years later, Congress passed the Age Discrimination in Employment Act ("ADEA"), guaranteeing the same protections against discrimination based on age.4 Finally, the Americans with Disabilities Act ("ADA"), passed in 1990, prohibited discrimination based on personal disability. Ten years after Congress enacted the Civil Rights …

White Interests And Civil Rights Realism: Rodrigo's Bittersweet Epiphany, Richard Delgado

Michigan Law Review

I had just settled down, taken off my tie, and was about to go over the two-page handout entitled "Information for Wedding Parties " that the minister of the small church had handed me minutes earlier, when I heard a knock and familiar voice from the other side of the anteroom door.

Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow

Michigan Law Review

Two familiar arguments oppose lawsuits and legislative efforts to address racial injustices from our national past, and a third tacit argument can be discerned. "Why open old wounds?": this question animates the first argument. The evidence is stale - this expresses the second argument. The third, less explicit objection reflects worries that exposing some gross and unremedied racial injustices from the past will reveal the scale of imperfections in the systems of justice and government and thereby undermine the legitimacy of those systems. To introduce the meticulous and passionate essays in this Colloquium, I elaborate and respond to each of …

Cleansing Moments And Retrospective Justice, Margaret M. Russell

Michigan Law Review

We live in an era of questioning and requestioning long-held assumptions about the role of race in law, both in criminal prosecutions specifically and in the legal process generally. Certainly, the foundational framework is not new; for decades, both legal literature and jurisprudence have explored in great detail the realities of racism in the legal system. Even among those who might prefer to ignore the role of race discrimination in more than two centuries of American law, denial is no longer a viable or intellectually defensible option. Rather, debate now centers upon whether or not the extensive history of American …

You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton

William & Mary Bill of Rights Journal

Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection of …

Selecting Differentially Expressed Genes From Microarray Experiments, Margaret S. Pepe, Gary M. Longton, Garnet L. Anderson, Michel Schummer

UW Biostatistics Working Paper Series

High throughput technologies, such as gene expression arrays and protein mass spectrometry, allow one to simultaneously evaluate thousands of potential biomarkers that distinguish different tissue types. Of particular interest here is cancer versus normal organ tissues. We consider statistical methods to rank genes (or proteins) in regards to differential expression between tissues. Various statistical measures are considered and we argue that two measures related to the Receiver Operating Characteristic Curve are particularly suitable for this purpose. We also propose that sampling variability in the gene rankings be quantified and suggest using the “selection probability function”, the probability distribution of rankings …

Brief Of The National Lesbian And Gay Law Association Et Al. As Amici Curiae In Support Of Petitioners, Lawrence, Et Al. V. Texas, No. 02-102 (U.S. Jan. 16, 2003), Chai R. Feldblum

U.S. Supreme Court Briefs

No abstract provided.

Expressivism, Empathy And Equality, Rachel D. Godsil

University of Michigan Journal of Law Reform

In this article, Professor Godsil argues that the Supreme Court should not limit its application of heightened scrutiny to facially neutral government actions motivated by discriminatory intent, but rather, that the Court should apply such scrutiny when the challenged government action expresses contempt or hostility toward racial, ethnic, and gender groups or constitutes them as social inferiors or stigmatized classes. This article builds upon recent scholarship seeking to transplant this form of expressivism from the Establishment Clause to the Equal Protection context. However, this article contends that this scholarship has misconceived the test to be applied. For any expressive theory, …

The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.

Proving Discrimination After Croson And Adarand: "If It Walks Like A Duck", Derek M. Alphran

University of San Francisco Law Review

Following the Supreme Court's decision in Croson, "state and local governments have scaled back or eliminated altogether affirmative action programs that had been adopted precisely to overcome discriminatory barriers" to minority participation. 7 Although many jurisdictions re-enancted minority business enterprise ("MBE")" programs after conducting post-Croson disparity studies of discrimination within their jurisdictions, there has been a tidal wave of litigation regarding the issue of government-sponsored MBE programs.

In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner

Michigan Journal of Gender & Law

Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents

Housing Impact Assessments: Opening New Doors For State Housing Regulation While Localism Persists, Tim Iglesias

Tim Iglesias

America’s housing crisis is serious, pervasive and chronic. It burdens people of color and low-income households most severely, but is now recognized to hinder millions of moderate-income households and full-time workers in mainstream occupations. Past and current housing policies have not solved our chronic housing crisis. This article seeks to open up states’ housing policy to new possibilities through the application of a regulatory regime that helped turn around America’s environmental policies.

The fundamental problem underlying our housing crisis is the failure of local governments to consistently integrate housing concerns into the full range of land use policies and decisions …

An Analysis Of Changes In Labor Market Discrimination By Gender, 1984--2000, Andrew Lee Powell

UNLV Retrospective Theses & Dissertations

The effect of labor market discrimination on the wages of male and female workers has been previously studied (Blinder, 1973; Oaxaca, 1973; Reimers, 1983; Cotton, 1988; Neumark, 1988; and Oaxaca and Ransom, 1994). Changes in the amount of discrimination and the variables that contribute most significantly to it's presence over time have not been dealt with in a consistent manner. The following study attempts to improve upon the existing literature by examining the changing nature of labor market discrimination, by gender, over time, and introducing a new methodology. I find that discrimination by gender is present in the labor market …

Labor Violations And Discrimination In The Clark County Outcall Entertainment Industry, Candice Michelle Seppa Arroyo

UNLV Retrospective Theses & Dissertations

Researchers who insist that sexual exploitation is intrinsic to sex work have deflected attention from two key issues facing sex workers: labor violations and prejudice. The purpose of this study is to investigate unethical labor practices and institutional sexism, racism, and classism in the Clark County outcall entertainment ("escort") industry. To analyze these issues from a sex radical feminist perspective, I spent 820 hours engaged in covert participant observation while working as an appointment setter at two major outcall entertainment agencies in Clark County; Much of the abuse that outcall entertainers in Las Vegas encounter could be eliminated by enforcing …

Discrimination Of Those Livining With Hiv And Aids In Ireland, John Williams

Irish Journal of Applied Social Studies

The protection of persons with HIV or AIDS in Ireland is confined to isolated measures of limited scope. HIV and AIDS discrimination occurs in issues of: Confidentiality, Financial & Insurance, Employment, Medical, Education and Social.