Digital Commons Network^™

Speech Intelligibility Prediction Using A Neurogram Similarity Index Measure, Andrew Hines, Naomi Harte

Articles

Performance Intensity functions can be used to provide additional information over measurement of speech reception threshold and maximum phoneme recognition by plotting a test subject's recognition probability over a range of sound intensities. A computational model of the auditory periphery was used to replace the human subject and develop a methodology that simulates a real listener test. The newly developed NSIM is used to evaluate the model outputs in response to Consonant-Vowel-Consonant (CVC) word lists and produce phoneme discrimination scores.

Personality Modulates The Effects Of Emotional Arousal And Valence On Brain Activation, Elizabeth G. Kehoe, John M. Toomey, Joshua H. Balsters, Arun L.W. Bokde

Articles

The influence of personality on the neural correlates of emotional processing is still not well characterized. We investigated the relationship between extraversion and neuroticism and emotional perception using functional magnetic resonance imaging (fMRI) in a group of 23 young, healthy women. Using a parametric modulation approach, we examined how the blood oxygenation level dependent (BOLD) signal varied with the participants’ ratings of arousal and valence, and whether levels of extraversion and neuroticism were related to these modulations. In particular, we wished to test Eysenck's biological theory of personality, which links high extraversion to lower levels of reticulothalamic–cortical arousal, and neuroticism …

What Is "Good Legal Writing" And Why Does It Matter?, Mark Osbeck

Articles

Law schools face increasing pressure to improve instruction in practice-oriented skills. One of the most important of these skills is legal writing. The existing literature on legal writing contains various rules and suggestions as to how legal writers can improve their writing skills. Yet it lacks an adequate theoretical account of the fundamental nature of good legal writing. As a result, legal writers are left without a solid conceptual framework to ground the individual rules and suggestions. This Article attempts to fill the theoretical void in the literature by offering a systematic analysis of what it is for a legal …

Centennial Reflections On The California Law Review's Scholarship On Race: The Structure Of Civil Rights Thought Centennial Tribute Issue, Richard Delgado

Articles

No abstract provided.

Child Representation In America: Progress Report From The National Quality Improvement Center, Donald N. Duquette, Julian Darwall

Articles

Few dispute that children in the child welfare system need effective representation. In October 2009, the U.S. Children's Bureau named the University of Michigan Law School the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). The QIC-ChildRep is a five-year, multimillion dollar project, charged with gathering, developing, and communicating knowledge on child representation. In addition, the QIC-ChildRep is tasked with promoting a consensus on the role of the child's legal representative and providing one of the first random assignment experimental design research projects on the legal representation of children.

School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp

Articles

To read the Individuals with Disabilities Education Act (IDEA) is to be impressed with the ambition and promise of special education. The statute guarantees disabled students a "free appropriate public education" (FAPE) in the "least restrictive environment." At the core of this guarantee lies an entitlement for the parents of a disabled child to collaborate with teachers and school administrators to craft an educational program that is both tailored to the child's unique needs and designed to help her make progress in her education. This entitlement, and the IDEA generally, represents an enormous advance for children with disabilities--a community that, …

Psychological Evaluation Of Parenting Capacity In Child Welfare Proceedings, Katherine L. Rosenblum, Joshua B. Kay

Articles

In the child welfare context, courts, attorneys, and child protection agencies often turn to psychologists to evaluate parenting capacity. As evaluators in child protection cases, psychologists may be asked to evaluate different parties for different purposes, acting as agents of the court, the child protection agency, or directly retained by the parents or the lawyer guardian ad litem. In this article we focus specifically on psychological evaluations addressing issues pertaining to parenting capacity (in contrast to, for example, assessments that focus solely on child psychological well-being or developmental status). These types of assessments may help to inform dispositional decisions, including …

Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott

Articles

State legislatures enacted sex offender registration and notification (SORN) laws with the explicit and exclusive aim of reducing sex offender recidivism. The general idea that we ought to “regulate” released offenders — of any type — to reduce the likelihood of their returning to crime is an attractive one, at least in theory. Criminal recidivism generates significant social harm. Nevertheless, despite their now-widespread use, SORN laws became the norm without any systematic study of their consequences. Admittedly, the logic underlying these laws seems at first difficult to gainsay: if a known sex offender poses even a small risk to a …

When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr

Articles

This article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.jfcj_1073

Why I Do Law Reform, Lawrence W. Waggoner

Articles

In this Article, Professor Waggoner, newly retired, provides a retrospective on his career in law reform. He was inspired to write the Article by a number of articles by law professors explaining why they write. He contrasts law-reform work with law-review writing, pointing out that the work product of a law-reform reporter is directed to duly constituted law-making authorities. He notes that before getting into the law-reform business, he had authored or co-authored law review articles that advocated reform, but he also notes that those articles did not move the law a whit. The articles did, however, lead to his …

Representing Parents With Severe Mental Illness In Child Welfare Cases, Joshua B. Kay

Articles

Parents with severe mental illness are at greater risk than others of becoming involved in the child protection system, and their cases are more likely than others to result in termination of parental rights. Among women with severe mental illness, 26-75% lose custody to one or more of their children, rates far higher than for women without mental illness. Lawyers who represent mentally ill parents in child protection matters face a number of challenges, including maintaining a productive attorney-client relationship, advocating for appropriate services and reasonable accommodations for their clients’ disabilities, and refuting assumptions about their clients’ parenting abilities that …

The Question Of Courage, William I. Miller

Articles

Courage is first among virtues in heroic epic and in cultures of honor. Men cared to be known for their courage. It not only took courage to fight well, but the issue often being fought over was who had more of it. Courage was competitive. Men were ranked according to the degree of courage they possessed. Arguments arose as to what counted as truly courageous, what the perfect form of the virtue was, and what were lesser though still worthy semblances of it. Not only philosophers theorized about courage: warriors, politicians and spectators did so as well. The stakes were …

The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos

Articles

Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This Article, which embraces the second story, assesses the current wave of deinstitutionalization litigation. It contends that things will be different this time. The particular outcomes of the first wave of deinstitutionalization litigation, this Article contends, resulted from the …

Queer Cases Make Bad Law, James C. Hathaway, Jason Pobjoy

Articles

The Refugee Convention, now adopted by 147 states, is the primary instrument governing refugee status under international law. The Convention sets a binding and nonamendable definition of which persons are entitled to recognition as refugees, and thus to enjoy the surrogate or substitute national protection of an asylum state. The core of the article 1A(2) definition provides that a refugee is a person who has a “well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, or membership of a particular social group.” A person is thus a refugee, and entitled to the non-refoulement and other protections …

What A Load Of Hope: The Post-Racial Mixtape, Jeremiah Chin

Articles

This Comment analyzes how Supreme Court decisions and recent legislation have used the language of post-racialism to re-center whiteness through the law. Rather than using explicit racist language, the post-racial project exploits the language of historical antiracist efforts to negate experiences with discrimination while continuing a hostile environment for racial groups and promoting white supremacy in the United States.

Beginning with Supreme Court decisions on affirmative action, in Regents of the University of California v. Bakke and Grutter v. Bollinger, and school desegregation in Parents Involved in Community Schools v. Seattle School District No. 1, this Comment analyzes …

Apologies As Intellectual Property Remedies: Lessons From China, Xuan-Thao Nguyen

Articles

It is a frequent refrain that “the world is shrinking.” In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different.

One notable aspect of Chinese intellectual property law is the availability of apology as a remedy. Despite a culture that places a high value on apology, and considerable legal scholarship and precedent regarding apology as remedy, many in the United States scoff at the notion of …

Feeling At Home: Learning, Law, Cognitive Science, And Narrative, Lea B. Vaughn

Articles

What is the "how and why" of law's affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address "how" narrative helps us learn and use the law as well as "why" we are so compelled to use stories in teaching and in practice.

Brain science, simplified here, suggests that the first task is to grab someone's attention. Emotionally charged events are more likely …

A Call For Standards: An Overview Of The Current Status And Need For Guardian Standards Of Conduct And Codes Of Ethics, Karen E. Boxx, Terry W. Hammond

Articles

The role of trust in guardianships is rarely discussed, perhaps because of the assumption that court supervision of guardians reduces their power to act in any way other than trustworthy. However, as the number of persons needing guardianship protection increases while the resources available to courts to finance supervision decreases, the role of guardian is starting to become a more conventional fiduciary relationship complete with a hallmark downside-lack of supervision. Because of this trend, the concept of delineated standards for performance of a guardian's duties has taken on critical importance.

The 2001 Wingspan Conference, the second national conference on guardianship …

Incorporating Literary Methods And Texts In The Teaching Of Tort Law, Zahr K. Said

Articles

Literature is comparatively under-investigated as an arena for tort pedagogy and for first-year courses in the legal curriculum generally. Where literature tends to appear in law school, it most frequently does so in the form of stand-alone law-and-literature classes, which usually focus heavily on literature.

In teaching a first-year tort law course at the University of Washington School of Law, I have explicitly used literature to aid and amplify legal analysis. The emphasis has been on law, rather than on literature. Nonetheless, literary texts and methods helped my students investigate how the law conceives of, and expresses, duties and losses …

Development And Evaluation Of A Desktop Vr System For Electrical Services Engineers, Martin Barrett, Jonathan Blackledge

Articles

This paper presents a prototype desktop virtual reality model, developed to enhance electrical safety and design in the built environment. The model presented has the potential to be used as an educational tool for third level students, an industry design tool or as a virtual electrical safety manual for the general public. A description of the development of the virtual reality model is presented along with the applications that were developed within the model. Subsequently, a case study is carried out to evaluate the users’ attitudes toward VR learning environments and also the usability of the prototype model developed. Based …

Evaluation Of A Prototype Desktop Virtual Reality Model Developed To Enhance Electrical Safety And Design In The Built Environment, Martin Barrett, Jonathan Blackledge

Articles

The use of Desktop Virtual Reality (VR) systems for enhancing electrical safety and engineering design is a novel prospect for both practicing and student electrical services engineers. This innovative approach, which can be readily accessed via the World Wide Web, constitutes a marked shift in conventional learning and design techniques to a more immersive, interactive and intuitive working and learning environment. This paper initially identifies the unique characteristics of desktop web based VR technologies and highlights the educational affordances offered by working in such an environment. Subsequently, using a prototype model titled ‘Virtual Electrical Services’, a case study is carried …

Four Reservations On Civil Rights Reasoning By Analogy: The Case Of Latinos And Other Nonblack Groups Symposium: The Thirteenth Amendment: Meaning, Enforcement, And Contemporary Implications: Panel Iv: Contemporary Implications, Richard Delgado

Articles

No abstract provided.

Restaurant Selection In Dublin, Frank Cullen

Articles

The primary objective of this research was to investigate the selection process used by consumers when choosing a restaurant to dine. This study examined literature on consumer behaviour, restaurant selection, and decision-making, underpinning the contention that service quality is linked to the consumer’s selection of a restaurant. It supports the utility theories that consumers buy bundles of attributes that simultaneously combined represent a certain level of service quality at a certain price. The findings of the research displayed a preference by Dublin consumers for Italian and Chinese styled restaurants and identified quality of the food, type of food, cleanliness of …

Journalism Education And Children's Rights: New Approaches To Media Development In Cee/Cis Countries, Michael Foley, Noirin Hayes, Brian O'Neill

Articles

This article gives the background to a project entitled Children's Rights and Journalism Practice, which was carried out for UNICEF in university journalism faculties in CEE/CIS countries

By focusing on journalism in the context of the academy and raising awareness of children’s rights from a journalistic perspective, the project seeks to provide a relatively safe space for critical engagement with journalistic ethics and values. Children are targets of, or are implicated in, nearly all aspects of public policy, yet are largely invisible in news-media coverage, and rarely have their voices heard in matters affecting them. By using the UNCRC as …

Young Men Consuming Newspaper Prostitution: A Discourse Analysis Of Responses To Irish Newspaper Coverage Of Prostitution., Joseph Fitzgerald, Brendan O'Rourke

Articles

In this article we look at how young men consume coverage of prostitution in Irish newspapers. This is important for a number of reasons. Firstly, because the media, and newspapers in particular, seem to be an important source of information for people (Meade, 2008). This is especially true in the case of prostitution, as the only contact the citizenry generally have with sex-workers is through the media (Hallgrimsdottir, Phillips and Benoit, 2006). In many Western countries consuming media is one of the main activities that people, particularly young people, engage in and therefore is the prism through which they view …

Irregular Kelo Takings: A Potential Response To Natural Disasters, Fredrick E. Vars

Articles

No abstract provided.

Precious Knowledge: State Bans On Ethnic Studies, Book Traffickers (Librotraficantes), And A New Type Of Race Trial Race Trials, Richard Delgado

Articles

No abstract provided.

What Is Christian Legal Thought, William S. Brewbaker Iii

Articles

No abstract provided.

Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams

Articles

In Part I of the Article, I examine early cases in which the Court described segregation as a form of resource "lock-up." In several cases leading up to Brown, the Court detailed how racial segregation allows a more dominant group to hoard substantial societal resources. In these early cases, the Court's focus was on segregation as a mechanism for excluding individuals from valuable benefits on the basis of race; it did not speak explicitly to the harms associated with racial classification schemes. In this Part of the Article, I also return to Brown v. Board of Education and explore the …

Planning Positivism And Planning Natural Law, Martin J. Stone

Articles

Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that our usual tests for classifying legal theories (as positivist or not) are, in the present state of discussion, no …