Digital Commons Network^™

Assessing University Strategic Plans: A Tool For Consideration, Shannon Chance, Brenda T. Williams

Articles

This article explores the use of rubrics as tools for assessing the quality of university-developed strategic plans. While tools exist for assessing the quality of the planning process, such tools are not readily available for assessing the resulting product or the overall quality of the plan itself. Specifi cally, a rubric is described that has been designed and fi eld-tested for the purpose of evaluating the strategic planning document produced at the university level. This approach builds upon outcome assessment methods developed in the business sector and proposes a tool tailored for use in higher education.

Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr

Articles

Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …

Advertising Connoisseurs: Children's Active Engagement With And Enjoyment Of Television Advertising, Margaret-Anne Lawlor

Articles

The literature pertaining to advertising and children has tended to focus on how advertising affects children at cognitive, attitudinal and behavioural levels. A key element of the debate has been the extent to which children understand advertising as a mode of commercial communication, and the potential associated outcomes such as advertising scepticism and pester power. This paper adopts a different approach by exploring the extent to which television advertising can constitute a resource for a child's own use and enjoyment. As part of an interpretive study of a group of Irish children aged seven to nine years which explores their …

The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman

Articles

Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …

Child Protection -- What Ought To Be, Donald N. Duquette

Articles

America's child protection system should not only protect our children, it should protect our liberty. Several recent cases, and perhaps others in your jurisdiction, highlight a general tension in America's child protection system between child protection and family integrity.

'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

In two frequently cited articles, Sommers and Ellsworth (2000, 2001) concluded that the influence of a defendant’s race on White mock jurors is more pronounced in interracial trials in which race remains a silent background issue than in trials involving racially charged incidents. Referring to this variable more generally as "race salience," we predicted that any aspect of a trial that leads White mock jurors to be concerned about racial bias should render the race of a defendant less influential. Though subsequent researchers have further explored this idea of "race salience," they have manipulated it in the same way as …

When Child Protective Services Comes Knocking, Vivek Sankaran

Articles

A child protective services (CPS) worker knocks on the door of your client, a 36-year-old mother involved in a contentious child custody case. The worker reveals only that she received an anonymous phone call alleging that your client physically abused her son and now she must investigate those allegations under state law. The worker demands to enter the house, interview the children, and inspect the premises. She threatens that a lack of cooperation may result in the filing of a court petition and the possible removal of the child. Your panicked client calls with a plethora of questions: Can CPS …

Judicial Oversight Over The Interstate Placement Of Foster Children: The Missing Element In Current Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

This article argues that current efforts to reform the Compact are flawed because they lack an essential element: judicial oversight of agency decision-making. The first section explores the important role that juvenile court judges play in making placement decisions for foster children. Next, an examination of the current problems in the interstate placement process demonstrates the vital need for judicial oversight of the system. Finally, a specific proposal is put forth on how best to incorporate judicial oversight without interfering with the sovereignty of states.

Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson

Articles

In criminal law, the term “CSI Effect” commonly refers to the perceived impact the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, “CSI Infection,” by focusing on the significant legal impact that the fear of “CSI Infected Jurors” has made upon the criminal justice system. The CSI Infection is the ubiquitous “It” factor that scholars cannot conclusively prove nor effectively explain away; however, practitioners overwhelmingly confirm the CSI Effect’s impact on criminal jury trials. The CSI Effect’s existence, the CSI Effect’s true or perceived impact on acquittals and convictions, and how …

A Shift Toward Gender Equality In Prosecutions: Realizing Legitimate Enforcement Of Crimes Committed Against Women In Municipal And International Criminal Law, Tamara F. Lawson

Articles

A new era of law enforcement has emerged recognizing the importance of punishing gender-specific violence. This first wave of "gender-sensitive prosecutors" has changed the way crimes against women are handled in the criminal justice system. The enactment of gender neutralizing laws and policies has dramatically improved the enforcement of crimes against women and attempts to end the era of impunity. This Article addresses the changes in prosecutions and further considers international human rights treaties that require gender equality in law enforcement.

In criminal law, it is the willingness of a prosecutor to exercise his or her discretionary authority to file …

Left Hand, Third Finger: The Wearing Of Wedding (Or Other) Rings As A Form Of Assertive Conduct Under The Hearsay Rule, Peter Nicolas

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No abstract provided.

Professionalizing Moral Deference, Michael Hatfield

Articles

As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the "torture memoranda" to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …

A Precautionary Tale: Assessing Ecological Damages After The Exxon Valdez Oil Spill, Sanne Knudsen

Articles

To address the shortcomings of our existing damages paradigm--exemplified by the response to the Exxon Valdez oil spill in Prince William Sound--this article suggests that we invoke the burden-shifting attributes of the precautionary principle to transfer the risk of long-term, unknown ecological harm to those who have caused the injury. Through such a risk transfer, this article posits that true costs of ecological injury would more properly be borne by actors capable of altering their behavior to avoid such injury in the first place. In addition, this article suggests offering defendants two options for incurring damages for ecological injuries--either accepting …

Gender Differences In Children’S Internet Use:Key Findings From Europe, Helen Mcquillan, Brian O'Neill

Articles

This paper analyses comparative empirical data from across Europe on gender differences in children’s internet use, and through a new interpretive framework on young people’s experiences, seeks to add new findings to this growing international knowledge base. Linking feminist theory on gender and technology with theories of youth gender identity construction, four key areas are investigated. Firstly, the impact of increased internet access and use in schools and in homes on gender equality is examined. Secondly, youth communication and content creation practices are investigated to explore whether the internet is facilitating flexibility in gender identity and the transcendence of traditional …

Supporting Value Creation By Reducing Cultural Distance As A Barrier To Exporting, Thomas Cooney, Amanda Ratcliffe, Jane Silver

Articles

Value creation at the level of the organisation involves balancing the interests of several different stakeholders, with exporting occasionally viewed as a broad-based strategy capable of achieving such equilibrium. However, while much has been written concerning the logistical and economic challenges faced by SMEs wishing to avail of market opportunities abroad, there remains a dearth of information offering solutions to overcoming cultural distance as a barrier to exporting. An EU project entitled ‘Passport to Trade’ sought to provide greater insight into business culture by collating the customs and subjective norms of all member states within the EU and making the …

Entrepreneurship And Law: Accessing The Power Of The Creative Impulse Foreword, Steven H. Hobbs

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No abstract provided.

Four Observations About Hate Speech Articles & Essays, Richard Delgado, Jean Stefancic

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No abstract provided.

Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado

Articles

I analyze developments in California as that state approached the tipping point at which its population would contain 50 percent minorities of color I showed that elite whites were making consciously or not efforts to hang onto power beyond the point at which sheer numbers would suggest that they ought to be sharing it with citizens of color

When The Lawyer Knows The Client Is Guilty: Client Confessions In Legal Ethics, Popular Culture, And Literature, Michael Asimow, Richard H. Weisberg

Articles

The article explores the ethical dilemma faced by criminal defense lawyers when they know their client is factually guilty but the client insists on a vigorous defense. It examines the tension between the lawyer’s duty of zealous representation and the duty of candor toward the court, proposing a compromise that allows lawyers discretion to choose between strong or weak adversarial approaches based on the context. The analysis draws on historical cases, such as the Courvoisier case of 1840 and the modern case of Steven Feldman, as well as insights from popular culture and literary sources, to argue that the discretionary …

Totem, Taboo And The Concept Of Law: Myth In Hart And Freud, Jeanne L. Schroeder

Articles

The article critically examines H.L.A. Hart’s The Concept of Law, arguing that its foundational narrative of legal evolution relies on a mythological anthropology. Hart’s account of the transition from primitive to modern legal systems through secondary rules is revealed to be a myth that, while not historically accurate, conveys deeper truths about the nature of law and modernity. The analysis draws parallels between Hart’s mythography and Freud’s psychoanalytic theories, particularly in Totem and Taboo and Moses and Monotheism, to explore how both thinkers conceptualize the origins of law as a shift from direct force to symbolic authority. The article contends …

The First Amendment Right Against Compelled Listening, Caroline Mala Corbin

Articles

This Article argues for a new First Amendment right: the right against compelled listening. Free speech jurisprudence - which already recognizes the right to speak, the right to listen, and the right against compelled speech - is incomplete without the right against compelled listening. The same values that underlie the other free speech rights also lead to this right. Furthermore, this claim holds true regardless of whether one conceives of the primary purpose of the Free Speech Clause as creating a marketplace of ideas, enhancing participatory democracy, or promoting individual autonomy. The Article starts by examining the protection afforded to …

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

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No abstract provided.

Only Yesterday: The Rise And Fall Of Twentieth Century Sexual Psychopath Laws, Tamara Rice Lave

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No abstract provided.

The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein

Articles

This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James

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No abstract provided.

Against Practice, Anthony V. Alfieri

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No abstract provided.

Hmgb1 Mediates Endogenous Tlr2 Activation And Brain Tumor Regression, James Curtin, Naiyou Liu, Marianela Candolfi, Weidong Xiong, Hikmat Assi, Kader Yagiz, Matthew Edwards, Kathrin Michelsen, Kurt Kroeger, Chunyan Liu, Akm Ghulam Muhammad, Mary Clark, Moshe Arditi, Begonya Comin-Anduix, Antoni Ribas, Pedro Lowenstein, Maria Castro

Articles

BACKGROUND: Glioblastoma multiforme (GBM) is the most aggressive primary brain tumor that carries a 5-y survival rate of 5%. Attempts at eliciting a clinically relevant anti-GBM immune response in brain tumor patients have met with limited success, which is due to brain immune privilege, tumor immune evasion, and a paucity of dendritic cells (DCs) within the central nervous system. Herein we uncovered a novel pathway for the activation of an effective anti-GBM immune response mediated by high-mobility-group box 1 (HMGB1), an alarmin protein released from dying tumor cells, which acts as an endogenous ligand for Toll-like receptor 2 (TLR2) signaling …

The Tracking Of Dietary Intakes Of Children And Adolescents In Sweden Over Six Years: The European Youth Heart Study, Emma Patterson, Julia Wärnberg Julia Wärnberg, John Kearney, Michael Sjostrom

Articles

The stability of dietary habits through various life-stages is not well understood. A better understanding of the tracking of diet over time could have implications for health promotion as well as for the planning of nutritional epidemiology studies. We examined the stability of dietary intakes of children and adolescents over six years. As part of the European Youth Heart Study, in 1998-9, a 24-h dietary recall was performed on over one thousand 9- and 15-year-olds in Sweden. In 2004-5, 40% returned to the follow-up study. These 452 subjects (273 15- and 179 21-year-olds) were assigned to age- and gender-specific tertiles …

A Precautionary Tale: Separating The Infant From The Fetus, Lawrence Torcello

Articles

This article confronts growing conservative opposition to abortion based on the slippery slope claim that abortion is morally equivalent to infanticide. By examining the relationship between moral skepticism and precautionary ethics the article promotes completely the permissive position on abortion from conception to birth while consistently rejecting the possibility that such a position entails permissive implications for infanticide. The article introduces and traces the implicit relationship between moral skepticism, the precautionary principle and political liberalism.

Critical Junctures? Privatization Policy In Brazil And Argentina At The Start Of The Century, John Hogan

Articles

This paper uses the critical junctures framework developed by Hogan and Doyle (2007) to determine if there were critical junctures in privatization policy in Brazil and Argentina at the start of the 21st century. The framework constitutes a rigorous approach to the identification of crisis, ideational change, and policy change. It is used to examine the economic disasters in Brazil in 1999 and Argentina in 2001. Previously, we would have had to wait decades before making such an assessment, as there were few tools with which to identify critical junctures, and these were usually only effective long after the event.