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2016

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Judicial Indigenous Cross-Cultural Training: What Is Available, How Good Is It And Can It Be Improved?, Vanessa Cavanagh, Elena Marchetti Dec 2015

Judicial Indigenous Cross-Cultural Training: What Is Available, How Good Is It And Can It Be Improved?, Vanessa Cavanagh, Elena Marchetti

Vanessa Cavanagh

No abstract provided.

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Addressing The Current Crisis In Ncaa Intercollegiate Athletics: Where Is Congress?, Thomas J. Horton, Drew Degroot, Tyler Custis Dec 2015

Addressing The Current Crisis In Ncaa Intercollegiate Athletics: Where Is Congress?, Thomas J. Horton, Drew Degroot, Tyler Custis

Thomas J. Horton

This article reviews the historic developments and legal trends that have led to the current crisis facing intercollegiate athletics.  Based on the authors' analysis, they argue that a continuing fusillade of antitrust challenges is not the best way to balance the diverse values and objectives at stake. Instead, it is time for a national dialogue, abetted by congressional studies and legislative action, that leads to a more rational and sensitive balancing of the social, moral, and economic values and objectives engendered by intercollegiate athletics.

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Leasing Real Property, Stephen Clowney Dec 2015

Leasing Real Property, Stephen Clowney

Stephen Clowney

The full opensource text can be found here: https://opensourceproperty.org/

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Estimating The Effects Of Educational System Contraction: The Case Of China’S Rural School Merger Initiative, Emily Hannum, Xiaoying Liu, Fan Wang Dec 2015

Estimating The Effects Of Educational System Contraction: The Case Of China’S Rural School Merger Initiative, Emily Hannum, Xiaoying Liu, Fan Wang

Emily C. Hannum

Contraction of educational systems can be a policy response to shrinking school-age cohorts. In China, fertility decline and unprecedented population outmigration have eroded school-aged populations in some rural communities, and a national policy to consolidate educational infrastructure in sparsely-populated rural districts was implemented in the early 2000s. This paper capitalizes on a unique household and village economic survey implemented in 2011 among households in 751 villages across 7 provinces in western China that collected information about primary school closures. 217 villages had school closures after 1999. We analyze impact on educational attainment with a difference-in-difference identification strategy by exploiting the …

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The Catholic Enlightenment. The Forgotten History Of A Global Movement, Ulrich Lehner Dec 2015

The Catholic Enlightenment. The Forgotten History Of A Global Movement, Ulrich Lehner

Ulrich L. Lehner

No abstract provided.

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La Montaña Mágica: Representations Of Hiv/Aids From The Sanatorium Dec 2015

La Montaña Mágica: Representations Of Hiv/Aids From The Sanatorium

Oscar A. Pérez

No abstract provided.

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Human–Wildlife Conflict And Coexistence, Philip J. Nyhus Dec 2015

Human–Wildlife Conflict And Coexistence, Philip J. Nyhus

Philip J. Nyhus

Human interactions with wildlife are a defining experience of human existence. These interactions can be positive or negative. People compete with wildlife for food and resources, and have eradicated dangerous species; co-opted and domesticated valuable species; and applied a wide range of social, behavioral, and technical approaches to reduce negative interactions with wildlife. This conflict has led to the extinction and reduction of numerous species and uncountable human deaths and economic losses. Recent advances in our understanding of conflict have led to a growing number of positive conservation and coexistence outcomes. I summarize and synthesize factors that contribute to conflict, …

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Evidense Of The Military Carpenter Article - Final.Pdf, Eric Carpenter Dec 2015

Evidense Of The Military Carpenter Article - Final.Pdf, Eric Carpenter

Eric R. Carpenter

In response to the American military's perceived inability to handle sexual assault cases, many members of Congress have lost confidence in those who run the military justice system. Critics say that those who run the military justice system are sexist and perceive sexual assault cases differently than the public does.

This article is the first to empirically test that assertion. Further, this is the first study to focus on the military population that matters – those who actually run the military justice system.

This study finds that this narrow military population endorses two constructs that are associated with the acceptance …

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Evidence Of The Military's Sexual Assault Blind Spot.Pdf, Eric Carpenter Dec 2015

Evidence Of The Military's Sexual Assault Blind Spot.Pdf, Eric Carpenter

Eric R. Carpenter

In response to the American military's perceived inability to handle sexual assault cases, many members of Congress have lost confidence in those who run the military justice system. Critics say that those who run the military justice system are sexist and perceive sexual assault cases differently than the public does.

This article is the first to empirically test that assertion. Further, this is the first study to focus on the military population that matters – those who actually run the military justice system.

This study finds that this narrow military population endorses two constructs that are associated with the acceptance …

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Seeing Voices: Potential Neuroscience Contributions To A Reconstruction Of Legal Insanity, Jane Campbell Moriarty Dec 2015

Seeing Voices: Potential Neuroscience Contributions To A Reconstruction Of Legal Insanity, Jane Campbell Moriarty

Jane Campbell Moriarty

Nurses working at a community hospital ward in a poor section of the city were both frustrated and irritated with their middle-aged female patient and were ready to put her in physical restraints.1 The patient had been admitted for attempting to harm herself. She refused to comply with the nurses’ requests, behaving belligerently and repeatedly throwing herself on the floor. In a hospital that serves many homeless, drug-addicted, mentally ill, and violent patients, this troublesome woman was a particular challenge in a day filled with difficult patients. And, after several hours, the nurses’ empathy for their patient was waning.

The …

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The Supreme Court’S Transparency: Myth Or Reality?, Nancy S. Marder Dec 2015

The Supreme Court’S Transparency: Myth Or Reality?, Nancy S. Marder

Nancy S. Marder

The Supreme Court’s Transparency: Myth or Reality?, 32 Georgia State University Law Review 849 (2016).

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Understanding The Meaning-Making Processes Of Hispanic College Students In Their Spiritual And Religious Development., Roland Nunez, John D. Foubert Dec 2015

Understanding The Meaning-Making Processes Of Hispanic College Students In Their Spiritual And Religious Development., Roland Nunez, John D. Foubert

John D. Foubert

This study used narrative inquiry to understand what spirituality
and religiosity meant to Hispanic students attending a large,
Midwestern university in the United States. The study consisted
of interviews with 10 Hispanic students who discussed their
spiritual and religious beliefs from childhood through college.
Findings supported current literature that spirituality increases
and religiosity decreases during college. However, after an
initial decline in religiosity during the first year of college,
participants reported a noteworthy increase shortly after
college began. Secondly, students’ spiritual and religious beliefs
were closely tied to their family, supporting research on familial
centrality in Hispanic culture.

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Predicting Bystander Efficacy And Willingness To Intervene In College Men And Women: The Role Of Exposure To Varying Levels Of Violence In Pornography, John D. Foubert, Ana J. Bridges Ph.D. Dec 2015

Predicting Bystander Efficacy And Willingness To Intervene In College Men And Women: The Role Of Exposure To Varying Levels Of Violence In Pornography, John D. Foubert, Ana J. Bridges Ph.D.

John D. Foubert

Students from two research universities completed items measuring the frequency
of their using different kinds of pornography, and measures of their willingness and
intent to intervene to help a bystander who might be experiencing sexual violence.
Hierarchical logistic regressions showed that for men, violent/degrading pornography
use, but not explicit but non-degrading pornography use, was significantly associated
with reduced bystander willingness to intervene, but not associated with bystander
efficacy. Women did not show the same impact of violent/degrading pornography
use on the two bystander intervention variables. Results suggest violence/degrading
pornography may contribute to a culture of acceptance of violence against women.

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Takings As A Sociolegal Concept: An Interdisciplinary Examination Of Involuntary Property Loss, Bernadette Atuahene Dec 2015

Takings As A Sociolegal Concept: An Interdisciplinary Examination Of Involuntary Property Loss, Bernadette Atuahene

Bernadette Atuahene

No abstract provided.

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I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert H. Sloan Dec 2015

I'Ll See: How Surveillance Undermines Privacy By Eroding Trust, Richard Warner, Robert H. Sloan

Richard Warner

No abstract provided.

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The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Dec 2015

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Felice J Batlan

This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …

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Inter-Rater Variability As Mutual Disagreement: Identifying Raters’ Divergent Points Of View, A. Gingerich, Susan E. Ramlo Dec 2015

Inter-Rater Variability As Mutual Disagreement: Identifying Raters’ Divergent Points Of View, A. Gingerich, Susan E. Ramlo

Susan E Ramlo

Whenever multiple observers provide ratings, even of the same performance,
inter-rater variation is prevalent. The resulting ‘idiosyncratic rater variance’ is considered
to be unusable error of measurement in psychometric models and is a threat to the
defensibility of our assessments. Prior studies of inter-rater variation in clinical assessments
have used open response formats to gather raters’ comments and justifications. This
design choice allows participants to use idiosyncratic response styles that could result in a
distorted representation of the underlying rater cognition and skew subsequent analyses. In
this study we explored rater variability using the structured response format of Q
methodology. …

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Nurturing Social Entrepreneurship And Building Social Entrepreneurial Self-Efficacy: Focusing On Primary And Secondary Schooling To Develop Future Social Entrepreneurs, Nareatha Studdard, Maurice Dawson, Sharon Burton, Naporshia Jackson, Brian Leonard, Williams Quisenberry, Emad Bellevue Dec 2015

Nurturing Social Entrepreneurship And Building Social Entrepreneurial Self-Efficacy: Focusing On Primary And Secondary Schooling To Develop Future Social Entrepreneurs, Nareatha Studdard, Maurice Dawson, Sharon Burton, Naporshia Jackson, Brian Leonard, Williams Quisenberry, Emad Bellevue

Maurice Dawson

For the development of social entrepreneurs it is imperative that educators embrace the concepts and process of social entrepreneurship (Dees, 1998). Exploration of these concepts in education could prove beneficial to the community (Haugh, 2005). This chapter focuses on the positives of introducing social entrepreneurship education at the primary and secondary levels of education. Specifically, its central focus deals with building children's entrepreneurial self-efficacy at a young age. Several benefits, of increasing self-efficacy at a young age, are outlined. Benefits, such as entrepreneurship training, not only training students, but it helps to prepare them for the new knowledge-based economy. Further, …

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Boxed In: Reclassification Of Arab Americans On The U.S. Census As Progress Or Peril?, Khaled A. Beydoun Dec 2015

Boxed In: Reclassification Of Arab Americans On The U.S. Census As Progress Or Peril?, Khaled A. Beydoun

Khaled Beydoun

The United States Bureau of the Census has proposed a standalone “Middle Eastern or North African” (“MENA”) box for the 2020 census. Deemed white by law since 1944, the 2020 census may afford Arab Americans the unprecedented opportunity to identify as MENA, and nonwhite — the latter standing as a per se designation that conflicts with federal and local surveillance, profiling, and policing of Arab Americans during the protracted “War on Terror.”

Since the 1980s, Arab American organizations have lobbied the Census Bureau to recognize Arab Americans as a distinct demographic. These efforts proved futile, until after the September 11th …

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Islamophobia: Toward A Legal Definition And Framework, Khaled A. Beydoun Dec 2015

Islamophobia: Toward A Legal Definition And Framework, Khaled A. Beydoun

Khaled Beydoun

Islamophobia is escalating at a frightening clip in the United States. Scrutiny of this bigotry, presently understood as “fear and suspicion of Muslims,” is rising at an alarming rate. Its rapid rise is reflected in the legal literature, encompassing scholarship analyzing the emerging national security strategies of the state to the civil liberties infractions and threats they pose to Muslim subjects. In short time, Islamophobia has become a subject of considerable scrutiny and interest.

Despite this rising scholarly interest, there is no singular, cogent, or consensus definition of Islamophobia—and more specifically, there is no legal definition that adeptly characterizes the …

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America, Islam, And Constitutionalism: Muslim American Poverty And The Mounting Police State, Khaled A. Beydoun Dec 2015

America, Islam, And Constitutionalism: Muslim American Poverty And The Mounting Police State, Khaled A. Beydoun

Khaled Beydoun

Intersectionality alone cannot bring invisible bodies into view. Mere words won't change the way that some people--the less-visible members of political constituencies--must continue to wait for leaders, decision-makers and others to see their struggles.
--Kimberlé Crenshaw1Hamtramck is a city that occupies many intersections. Geographically, it is approximately two square miles, swallowed entirely by the city of Detroit. Racially and religiously, Hamtramck is at the latter end of a pivotal crossroads. The city of roughly 22,000 people was once a concentrated and celebrated Polish enclave, a coveted destination for immigrants from the Eastern European nation seeking safe haven and economic opportunity. …

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Between Indigence, Islamophobia And Erasure: Poor And Muslim In “War On Terror” America, Khaled A. Beydoun Dec 2015

Between Indigence, Islamophobia And Erasure: Poor And Muslim In “War On Terror” America, Khaled A. Beydoun

Khaled Beydoun

Nearly half of the Muslim American population is interlocked between indigence and “Islamophobia,” or anti-Muslim animus. Of the estimated eight million Muslim Americans, 45 percent of this population earns a household income less than $30,000 per year. While this statistic clashes with pervasive stereotyping of Muslim Americans as middle class, economically upwardly mobile, or opulently wealthy, it does correspond with the legal poverty line in the United States.
Since the September 11th terrorist attacks (9/11), the legal literature analyzing national security, anti-terror policies, and Muslim American civil liberties has been prolific. The emergence of “counterradicalization” policing within Muslim American communities …

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Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub Dec 2015

Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub

David Schraub

A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systemically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves the dominant groups' self-image as unprejudiced and innocent without having to risk critical analysis of the claim's substance.

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Unsuspecting, David Schraub Dec 2015

Unsuspecting, David Schraub

David Schraub

All laws classify, but not all classifications are created equal. Under contemporary Fourteenth Amendment doctrine, certain classifications are “suspect”, triggering heightened judicial review and often rendering the targeted legislation unconstitutional. Because the alternative rational basis test is so deferential, the question over which sorts of classifications are “suspect” may be the single most important — and most discussed — issue in equal protection doctrine. Yet amidst all the talk about how a group gains recognition as a “suspect class”, there has been virtually no discussion about the seemingly obvious corollary: how a group loses its status as one. After all, …

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The Siren Song Of Stict Scrutiny, David Schraub Dec 2015

The Siren Song Of Stict Scrutiny, David Schraub

David Schraub

The past few years have seen a trickle of pro-gay rights judicial decisions turn into a flood. Yet gay rights advocates have been perplexed by one doctrinal oddity in the Court's decision-making: even as it has delivered a consistent stream of favorable decisions dating from the 1990s, it has displayed no interest in declaring sexual orientation to be a "suspect classification." This determination, which would require that sexual-orientation classifications satisfy strict scrutiny, has long been high on the objective list for the LGBT movement -- representing an official determination that sexual minorities are a politically marginalized group that faces systematic, …

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The Shifting Self: Social Identity In Retirement, Frances Smith Dec 2015

The Shifting Self: Social Identity In Retirement, Frances Smith

Frances Smith

Retirement marks an important shift at the end of one’s work life. Social identity theory explains
the way individuals associate identity with particular groups, which may include organizational
affiliation and age. The purpose of this research is to understand how retirees describe changes in
their social identity from the time they were working through retirement. Twenty-three retirees
participated in qualitative interviews to discuss their social identity before and after retirement.
Two themes were discovered. Role shifters described participants whose social identity had shifted
due to the changes they encountered in retirement. New job-same self described retirees who
maintained their social …

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Preaching Motherhood And Womanhood From The Christian Pulpit: Information Dissemination And Use, Darin Freeburg Dec 2015

Preaching Motherhood And Womanhood From The Christian Pulpit: Information Dissemination And Use, Darin Freeburg

Darin Freeburg

The sermons clergy preach every Sunday can provide tremendous insight into current religious thinking about motherhood and womanhood. A database of sermons preached by clergy from a sample of Christian churches in the United States was searched for sermons given on Mother's Day 2014. A grounded theory approach explored how clergy framed these constructs. Results show that although clergy tend to frame these concepts in stereotypical ways, there is great complexity in how this is done. Clergy use a variety of information sources to preach on the roles of women and mothers, providing insight into the very construction of these …

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Trust And Tithing: The Relationships Between Religious Social Capital And Church Financial Giving, Darin Freeburg Dec 2015

Trust And Tithing: The Relationships Between Religious Social Capital And Church Financial Giving, Darin Freeburg

Darin Freeburg

There are a number of motivations for Christians to give financially to a church. The current study looked at Social Capital—especially as it relates to the concept of trust in God and bonds with a church community—to see if relationships exist that suggest a possible motivation for financial giving. Participants from American Protestant churches in the Midwest completed an online survey intended to elicit responses about their church financial giving and their levels of a specific religious measurement of Social Capital (SC). Analysis showed that increased trust in God, as well as increased sense of bonding with others in the …

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Patriarchy, Not Hierarchy: Appendix, Eric Carpenter Dec 2015

Patriarchy, Not Hierarchy: Appendix, Eric Carpenter

Eric R. Carpenter

This is the technical abstract to Patriarchy, Not Hierarchy. It contains normality analysis, item pools, and the "Grid" model structural equation model results.

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Evidence Of The Military's Sexual Assault Blind Spot.Pdf, Eric Carpenter Dec 2015

Evidence Of The Military's Sexual Assault Blind Spot.Pdf, Eric Carpenter

Eric R. Carpenter

In response to the American military's perceived inability to handle sexual assault cases, many members of Congress have lost confidence in those who run the military justice system. Critics say that those who run the military justice system are sexist and perceive sexual assault cases differently than the public does.

This article is the first to empirically test that assertion. Further, this is the first study to focus on the military population that matters – those who actually run the military justice system.

This study finds that this narrow military population endorses two constructs that are associated with the acceptance …

Go to article

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