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Selected Works

University of Dayton

Constitutional Law

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Full-Text Articles in Law

Built In Obsolescence: The Coming End To The Abortion Debate, Vernellia R. Randall, Tshaka C. Randall Jan 2008

Built In Obsolescence: The Coming End To The Abortion Debate, Vernellia R. Randall, Tshaka C. Randall

Vernellia R. Randall

The current legal and political dispute is grounded in the misconception that the decision to have an abortion is one decision, a decision to terminate a fetus. In fact, in choosing an abortion, a woman is actually making two distinct choices: first, she is choosing to terminate her pregnancy, that is, remove the fetus from her body; and, second, she is choosing to terminate the fetus. Currently, a woman’s decision to remove the fetus from her body (the “autonomy decision”) is necessarily a medical decision to terminate the fetus (the “reproductive decision”). The current argument in favor of legalized abortion …


Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, Terence Lau, William Wines Jan 2006

Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, Terence Lau, William Wines

Terence Lau

Research on student teaching evaluations is vast. An examination of this research demonstrates wide disagreements but also substantial consensus of authority for the proposition that student evaluations should be used only with extreme care, if at all, in making personnel decisions. A number of reasons cause administrators to use teaching evaluations for personnel decisions. The literature, however, is virtually unanimous in its condemnation of norming student evaluations in order to rank classroom performances. Current cases on academic freedom indicate some retrenchment by the Circuits from broader pronouncements in earlier Supreme Court cases. This paper concludes that the use of non-validated …


Can You Hear Me Now? Corporate Censorship And Its Troubling Implications For The First Amendment, Terence Lau, William Wines Jan 2005

Can You Hear Me Now? Corporate Censorship And Its Troubling Implications For The First Amendment, Terence Lau, William Wines

Terence Lau

The day when standing on a soapbox in a public park was an effective way to voice one’s dissent has passed. In this paper we argue that enormous disparities in economic power allow powerful corporations to silence opinions that they consider unfit for public dissemination. In commercial speech, the U.S. Supreme Court has in the past two terms handed down decisions dealing with “coerced speech.” Another problem in commercial speech is “coerced silence” or “coerced ignorance.” The paper begins with the Supreme Court’s doctrine that the First Amendment protects both the speaker’s right to speak and the public’s right to …