Digital Commons Network^™

Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo

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The Genetic Information Nondiscrimination Act of 20081 ("GINA") is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual's genetic information, with some exceptions.

One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us -the use …

Race, Sex, And The Division Of Labor: A Comment On Joan Williams's Reshaping The Work-Family Debate Crowdsourcing The Work-Family Debate: A Colloquy, Richard Delgado

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No abstract provided.

What Does Graham Mean In Michigan?, Kimberly A. Thomas

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In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.

The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott

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In this invited essay, I explore how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to civil legal services in the past, and how they might improve upon existing methods going forward. My argument proceeds in five parts. First, I briefly explain the optimal approach to allocating public funds from a welfare economics perspective. Second, I introduce the challenges of valuing “benefits” in the context of the public provision of legal services. Third, I summarize and critique existing attempts to quantify the benefits of and need for legal services funding. Specifically, I review, criticize, …

Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger

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Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …

Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane

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The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …

A Machine Learning Approach To Hierarchical Categorisation Of Auditory Objects, William Coleman, Sarah Jane Delany, Charlie Cullen, Ming Yan Dr.

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With the advent of new audio delivery technologies comes opportunities and challenges for content creators and providers. The proliferation of consumption modes (stereo headphones, home cinema systems, ‘hearables’), media formats (mp3, CD, video and audio streaming) and content types (gaming, music, drama & current affairs broadcasting) has given rise to a complicated landscape where content must often be adapted for multiple end-use scenarios. The concept of object-based audio envisages content delivery not via a fixed mix but as a series of auditory objects which can then be controlled either by consumers or by content creators & providers via accompanying metadata. …

Policymaking By The Japanese Judiciary In The Criminal Justice Field, Daniel H. Foote

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When one speaks of policymaking by the judiciary, the image that often comes to tnind is the U.S. judiciary, especially the Supreme Court of the United States. That reaction is understandable. Examples abound of policymaking by courts in the United States; and a seemingly never-ending stream of books and articles discuss, analyze, and, depending on the authors'point of view, praise or decry "policymaking" or "judicial activism" by U.S. courts. The field of criminal justice frequently is offered as a prominent example of judicial policymaking in the United States. Expansion in due process protections and other rights for criminal suspects and …

Taking The High Road: Why Prosecutors Should Voluntarily Waive Peremptory Challenges, Maureen A. Howard

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In this Article, I review the efficacy of peremptory challenges and conclude that both empirical and anecdotal evidence confirm such challenges are of little utility. I contend that the marginal benefit of peremptory challenges to a criminal prosecutor is outweighed by the damage done to both the actual and perceived fairness of the system, and that imbalance should persuade prosecutors to consider a wholesale voluntary waiver of peremptory challenges.

Racial Paradox In A Law And Society Odyssey, Mario L. Barnes

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No abstract provided.

A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones

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No abstract provided.

People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo

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This article updates the traditional discussion of privacy and technology, focused since the days of Warren and Brandeis on the capacity of technology to manipulate information. It proposes a novel dimension to the impact of anthropomorphic or social design on privacy.

Technologies designed to imitate people-through voice, animation, and natural language-are increasingly commonplace, showing up in our cars, computers, phones, and homes. A rich literature in communications and psychology suggests that we are hardwired to react to such technology as though a person were actually present.

Social interfaces accordingly capture our attention, improve interactivity, and can free up our hands …

Peeping Hals: Making Sense Of Artificial Intelligence And Privacy, Ryan Calo

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The field of artificial intelligence, broadly defined as the study and practice of designing intelligent agents, is at least six decades into its existence as a formal discipline. Sometimes called “computational” or “synthetic” intelligence, AI borrows from and informs a wide variety of subjects, including philosophy, psychology, linguistics, neuroscience, statistics, economics, and law. Techniques of AI underpin all manner of industrial and consumer applications - from the complex neural nets used in data mining, down to the ‘fuzzy logic’ used by commercial washers and driers.

Insofar as “the issues of AI are directly related to [the] self-image of human beings”, …

Space, Time And The Constitution Of Subjectivity: Comparing Elias And Foucault, Paddy Dolan

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The work of Foucault and Elias has been compared before in the social sciences and humanities, but here I argue that the main distinction between their approaches to the construction of subjectivity is the relative importance of space and time in their accounts. This is not just a matter of the “history of ideas,” as providing for the temporal dimension more fully in theories of subjectivity and the habitus allows for a greater understanding of how ways of being, acting and feeling in different spaces are related but largely unintended. Here I argue that discursive practices, governmental operations and technologies …

Of Discipline And Civilization: A Roundtable Discussion On The Legacies Of Norbert Elias And Michel Foucault, Sam Binkley, Paddy Dolan, Stefanie Ernst, Cas Wouters

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When one considers the proximity of their concerns, it is perhaps surprising that the works of Norbert Elias and Michel Foucault have not been more systematically compared and discussed. However, the differentiation of disciplinary knowledge (particularly the boundary that separates philosophy from social theory), com-pounded by parochialisms fostered by the cult of the intellectual, have delayed this process far past its due. This conversation, which began in 2008 at a conference on the works of Elias and Foucault at the University of Hamburg, is, in this regard, an effort to make up for lost time. Fashioned from hours of discussion …

The Planned And The Unplanned: A Roundtable Discussion On The Legacies Of Michel Foucault And Norbert Elias, Sam Binkley, Paddy Dolan, Stefanie Ernst, Cas Wouters

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When one considers the proximity of their concerns, it is perhaps surprising that the works of Norbert Elias and Michel Foucault have not been more systematically compared and discussed. However, the differentiation of disciplinary knowledge (particularly the boundary that separates philosophy from social theory), com-pounded by parochialisms fostered by the cult of the intellectual, have delayed this process far past its due. This conversation, which began in 2008 at a conference on the works of Elias and Foucault at the University of Hamburg, is, in this regard, an effort to make up for lost time. Fashioned from hours of discussion …

Developing Subsidiary Contribution To The Mnc-Subsidiary Entrepreneurship And Strategy Creativity, Pamela Sharkey Scott, Gibbons Patrick, Joseph Coughlan

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Despite its theoretical and managerial significance, subsidiary entrepreneurship and its effects 15 on subsidiary contribution remain underexplored in the literature.We propose that subsidiary 16 entrepreneurship encourages more creative strategic responses to escalating environmental 17 change. We explore the direct and mediating effects of subsidiary entrepreneurship on 18 subsidiary contribution to the MNC, particularly subsidiary strategy creativity. We use 19 structural equation modelling to test our propositions on data generated from surveying the 20 population of Irish subsidiaries of foreign MNCs, and find strong support for our theoretical 21 predictions. The managerial implications of subsidiary entrepreneurship in generating creative 22 strategy, …

Macular Pigment And Its Contribution To Visual Performance And Experience [El Pigmento Macular Y Su Contribución Al Rendimiento Y Experiencia Visuals], James Loughman, Peter Davison, John M. Nolan, Mukunda C. Akkali, Stephen Beatty

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There is now a consensus, based on histological, biochemical and spectral absorption data, that the yellow colour observed at the macula lutea is a consequence of the selective accumulation of dietary xanthophylls in the central retina of the living eye. Scientific research continues to explore the function(s) of MP in the human retina, with two main hypotheses premised on its putative capacity to (1) protect the retina from (photo)-oxidative damage by means of its optical filtration and/or antioxidant properties, the so-called protective hypothesis and (2) influence the quality of visual performance by means of selective short wavelength light absorption prior …

Child Sexual Abuse, Links To Later Sexual Exploitation/High-Risk Sexual Behavior, And Prevention/Treatment Programs, Kevin Lalor, Rosaleen Mcelvaney

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This paper reviews the literature on the nature and incidence of child sexual abuse, explores the link between child sexual abuse and later sexual exploitation, and reviews the literature on prevention strategies and effective interventions in child sexual abuse services. Our understanding of the international epidemiology of child sexual abuse is considerably greater than it was just 10 years ago, and studies from around the world are examined. Childhood sexual abuse can involve a wide number of psychological sequelae, including low self-esteem, anxiety, and depression. Numerous studies have noted that child sexual abuse victims are vulnerable to later sexual revictimization, …

Threshold Lives: Exploring The Liminal Consumption Of Tweens, Kevina Cody, Katrina Lawlor, Pauline Maclaren

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The intervening spaces of socio-cultural organisation have proved sources of fascination and powerful theory development in the fields of sociology, psychology and anthropology (e.g. Douglas, 1966; Van Gennep, 1961; Freud, 1950, Foucault, 1977). Consumer culture research has hitherto acknowledged the potency of studying transitional phenomena, spaces and places and the interactions of varied ontologies with the consumption experiences of the individuals or group in flux and evolution (e.g. Davies and Fitchett, 2004; Maldonado and Tansuhaj, 1999; Gentry, 1997; Schouten, 1991). But what of those whose reality is the threshold between two ordered and defined worlds, the centre of nowhere? This …

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandated Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

Articles

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual’s right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship.

Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act’s integration mandate, this Article argues that …

Retribution And The Experience Of Punishment, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

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In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does …

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur

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Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …

The Bible As A Law Book - Thomas Aquinas On The Juridical Uses Of Scripture, William S. Brewbaker Iii

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No abstract provided.

Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri

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No abstract provided.

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

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No abstract provided.

Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby

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No abstract provided.

War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby

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No abstract provided.

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

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No abstract provided.

Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts Of Interest, Melanie B. Leslie

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No abstract provided.