Digital Commons Network^™

Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham

Faculty Publications

This Essay considers the circumstances that led to the enactment of the Fair Sentencing Act of 2010, which increased the quantities of crack cocaine necessary to implicate mandatory minimum prison sentences for federal drug trafficking crimes, and considers whether the Act might facilitate re-evaluation of the penalty scheme applicable to methamphetamine.

Wikipedia's Labor Squeeze And Its Consequences, Eric Goldman

Faculty Publications

This Essay explains why Wikipedia will not be able to maintain a credible website while simultaneously letting anyone freely edit it. To date, Wikipedia editors have successfully defended against malicious attacks from spammers and vandals, but as editors turn over, Wikipedia will need to recruit replacements. However, Wikipedia will have difficulty with this recruiting task due to its limited incentives for participation. Faced with a potential labor squeeze, Wikipedia will choose to restrict users’ ability to contribute to the site as a way of preserving site credibility. Wikipedia’s specific configuration choices make it an interesting test case to evaluate the …

Just Kids: Baltimore’S Youth In The Adult Criminal Justice System, Wendy Hess

Faculty Publications

Maryland’s 20 year experiment with the “tough on crime” approach of automatically sending youth into adult criminal courts, jails and prisons for certain offenses has failed. National studies show that youth who are sent to adult facilities go on to commit more—and more violent—crimes than those who received rehabilitative services in the juvenile system. This costs taxpayers much more in the long run. Automatically charging youth as adults has been politically popular. But the data shows that when their cases are individually considered, most cases in Baltimore are dismissed or sent back to the juvenile system, raising the question of …

Raising The Question Of Whether Out-Of-State Political Contributions May Affect A Small State's Political Autonomy: A Case Study Of The South Dakota Voter Referendum On Abortion, Patrick Garry, Derek A. Nelson, Candice J. Spurlin

Faculty Publications

No abstract provided.

An Equal Protection View Of The First Amendment, Patrick Garry

Faculty Publications

No abstract provided.

Crisis Informatics: Introduction, Christine Hagar

Faculty Publications

No abstract provided.

Introduction: Reproductive Rights, Human Rights, And The Human Right To Health, B. Jessie Hill

Faculty Publications

Introduction - Case Western Reserve University Law Review Symposium 2010: Reproductive Rights, Human Rights, and the Human Right to Health

Building Legitimacy For It Innovations: The Case Of Computerized Physician Order Entry Systems, Evgeny Kaganer, Suzanne D. Pawlowski, Sonja Wiley-Patton

Faculty Publications

Research on IT innovations has largely relied on economic-rationalistic models and focused on individuals or organizations as the unit of analysis. The intent of this paper is to advance an alternative research agenda that explores the institutional underpinnings of IT innovation diffusion at the inter-organizational level. Through a multistage research study, we examine the legitimation function of organizing visions for IT innovations and develop a taxonomy of legitimation strategies employed by the proponents of an IT innovation. We first built a preliminary theoretical framework that synthesizes key arguments on legitimacy drawn from the organization theory and IS literatures. Next, we …

Disrupted But Not Destroyed: Fictive-Kinship Networks Among Black Educators In Post-Katrina New Orleans, Daniella Ann Cook

Faculty Publications

Drawing on Adkins’ (1997) notion of reform as colonization and using ethnographic data from African American teachers in New Orleans after Hurricane Katrina, this article discusses how black educators’ fictive-kinship (Fordham 1996, Chatters, Taylor, and Jayadoky 1994, Stack 1976) networks have been altered in the changing landscape of reform. I argue that the importance of fictive-kinship relationships among educators and students was ignored in school-reform efforts in post-Katrina New Orleans. Post-Katrina school reforms disrupted, but did not destroy, these fictive-kinship networks. I discuss three themes: (1) fictive-kinship networks created before Katrina cultivated an environment centered on cooperation, collaboration, and solidarity, …

The Impact Of Employer Matching On Savings Plan Participation Under Automatic Enrollment, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

Companies have used a variety of approaches to encourage participation in employer- sponsored savings plans. The most common approach, the provision of an employer matching contribution, is now offered by the vast majority of large fi rms (Profi t Sharing Council of America 2006). Even with a match, however, savings plan participation rates are often surprisingly low (Choi, Laibson, and Madrian 2005), and empirical studies of matching contributions’ effect on plan participation have uniformly found relatively small effects (Andrews 1992; Papke and Poterba 1995; Papke 1995; Bassett, Fleming, and Rodrigues 1998; Kusko, Poterba, and Wilcox 1998; Choi et al. 2002; …

The Impact Of 401(K) Loans On Saving, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

Although the popular press and politicians often describe 401(k) loans as a problem, classical economic theory has a more benign view. Loans from a 401(k) can relax liquidity constraints and increase household utility. Moreover, loan provisions may have the subtle effect of raising net asset accumulation by making 401(k) participation more appealing: employees who can access their 401(k) assets if they need them may be willing to put more money into an otherwise illiquid 401(k) account. Our research suggests that 401(k) loans are neither a blessing nor a bogeyman. Conditional on borrowing to finance consumption, we show that a 401(k) …

Louder Speech Leads To Greater Intelligibility Improvements Than Amplification Of Habitual Speech In Parkinson Disease, Christopher Dromey

Faculty Publications

Amplification may be helpful in improving speech intelligibility for some speakers with Parkinson disease. Because the gain used in the present study was limited to the dB increase from habitual to loud speech, it is unclear how performance might increase with higher amplification levels. Increases in the signal to noise ratio in the present study only account for about one third to one half of the intelligibility improvements that accompany loud speech. Thus, loud speech differs from habitual speech in more than just its amplitude. Articulation appears to play a lesser role in these improvements, whereas source spectral changes may …

The Spectrum Of Teaching Styles: Style F – Guided-Discovery, Robert S. Christenson, David C. Barney

Faculty Publications

The Guided Discovery Style (F) of teaching is a highly developed trial-and-error process that is organized by the teacher to lead, by questions or challenging tasks, the student-learner to discover a predetermined correct answer (performance response, concept application, strategy resolution or the impact of a rule on play). The teacher serves as an instructional guide by presenting a series of questions, problems and challenges that channel the student-learner to a desired performance solution. Each instructional episode is based on the prior response and readiness to move to the next challenge.

Oklahoma Elementary Classroom Teachers' Attitudes And Perspectives Of Elementary Physical Education, David C. Barney, Sarah Ehrlich

Faculty Publications

Physical education is an academic discipline that has not been given the respect it deserves both in the school setting and among the general public. As a result of the lack of respect physical education has in the educational community, it is one of the first content areas to be eliminated.

Physical educators need to gain support so they can demonstrate to administrators and parents the value of physical education on a student's overall education. Therefore, the purpose of the study was to obtain and better understand Oklahoma elementary classroom teachers' attitudes and perceptions towards elementary physical education, and thus …

The Effect Of Middle School Physical Education Curriculum On Student Attitudes, David C. Barney, Joe Deutsch

Faculty Publications

Middle school physical education can serve as an important tool in shaping students opinions and behaviors regarding lifelong physical activity. The curriculum in middle school physical education is one component that can positively or negatively affect a student's attitude toward physical activity throughout their life. The purpose of this study was to investigate the middle school physical education curriculum and its effect on middle school students' attitudes and perceptions towards their physical education class. It was found that middle school students do like the curriculum they participate in, mainly consisting of team sports.

Married With Children: The Influence Of Parental Status And Gender On Ambulatory Blood Pressure, Wendy C. Birmingham, Julianne Holt-Lunstad, Adam M. Howard, Dustin Thoman

Faculty Publications

Background Although there is substantial evidence that social relationships and marriage may influence both psychological and physical health, little is known about the influence of children. Purpose This study examined the competing predictions regarding the directional influence of parental status and its interaction with gender—given that mothers are typically disproportionately more responsible for everyday care of children—on cardiovascular functioning. Method We examined ambulatory blood pressure (ABP) over 24 hours among 198 married males and females. Results Couples without children had significantly higher ambulatory SBP and DBP than those with children. Moreover, we found a significant interaction between parental status and …

The Relationship Among Couple Relationship Quality, Physical Functioning, And Depression In Multiple Sclerosis Patients And Partners, Justin K. Mcpheters, Jonathan G. Sandberg

Faculty Publications

Using Engel's biopsychosocial model and family systems theory, this study explored the associations between multiple sclerosis (MS) patient and partner reports of physical functioning, depression, and could relationship quality. Fifty-four couples recruited from the MS society completed self-reported questionnaires about couple relationship quality, demographic data, and physical functioning. In regression analyses, couple relationship quality positively related to MS patient physical functioning and depression negatively related to MS patient physical functioning. Both MS patient and partner reports of couple relationship quality negatively related to depression scores in partners. While MS patient reports of couple relationship quality negatively related to MS patient …

E Pluribus Unum: Data And Operations Integration In The California Criminal Justice System, W. David Ball

Faculty Publications

This Article reflects some of the insights from the Stanford Criminal Justice Center's (SCJC's) year-long project on data and operations integration in California's criminal justice system. Part I lays out some of the benefits of an integrated system as a means of illustrating why law enforcement agencies across the state are actively pursuing data integration. Part II discusses three organizational and political obstacles to creating an integrated system: defining what we mean by  the criminal justice "system," drawing boundaries of relevant networks, and resolving tensions among state and local agencies with concurrent jurisdiction. Part III then discusses three ways in …

Legal Transitions And The Problem Of Reliance, David M. Hasen

Faculty Publications

This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the …

Pharmaceutical Reverse Payment Settlements: Presumptions, Procedural Burdens, And Covenants Not To Sue Generic Drug Manufacturers, Catherine J. K. Sandoval

Faculty Publications

This Article analyzes recent developments in antitrust law, focusing on agreements between pharmaceutical patent holders and generic drug manufacturers that require a generic manufacturer to delay its market entry in exchange for a payment or other consideration from the patent holder. A predictable consequence of settlements that delay the marketing of a generic drug is that prices for the patented drug will remain higher than if the generic competitor had prevailed in its challenge to the patent's validity or the patent holder had failed to show that the generic infringed on its patent. Analysis of the legality of these settlements …

The Regulation Of Reputational Information, Eric Goldman

Faculty Publications

This essay considers the role of reputational information in our marketplace. It explains how well-functioning marketplaces depend on the vibrant flow of accurate reputational information, and how misdirected regulation of reputational information could harm marketplace mechanisms. It then explores some challenges created by the existing regulation of reputational information and identifies some regulatory options for the future.

Language Assistance And Local Voting Rights Law, Angelo N. Ancheta

Faculty Publications

No abstract provided.

Taxation Of Domestic Partner Benefits: The Hidden Costs, Patricia A. Cain

Faculty Publications

Many employers provide domestic partner benefits to their employees, especially in the form of health care plans. Domestic partners are not considered spouses under the Internal Revenue Code. Nor, of course, are same-sex spouses so long as DOMA is in effect. Many employers assume that this means all domestic partner (or same-sex spouse) benefits are taxable under the federal tax law. But this is not true. A partner (or same-sex spouse) can qualify as a dependent and benefits paid to dependents are also tax-exempt. A person can qualify as a dependent for purposes of excluding the value of health care …

The Many Paths Of Environmental Practice: A Response To Professor Bonine, Kenneth A. Manaster

Faculty Publications

No abstract provided.

Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

Greenhouse Gas Regulation Under The Clean Air Act: Does Chevron Set The Epa Free, Nathan D. Richardson

Faculty Publications

No abstract provided.

Comprehensive Planning, Dominant-Use-Zones, And User Rights: A New Era In Ocean Governance, James N. Sanchirico, Josh Eagle, Steve Palumbi, Barton H. Thompson Jr.

Faculty Publications

Ocean-zoning arguments often center on the biology of ocean species, the geography of fishing-use patterns, and the need for preventing use conflicts. Here we expand this discussion to the social and legal aspects of ocean zoning, focusing on comprehensive planning, segregation of activities into use-priority areas, and the allocation of user rights within each zone. The inclusion of all of these features within an ocean-zoning regime can be a catalyst for a variety of ancillary benefits, including opportunities for user groups to form informal or formal long-lived institutions and a reassessment of the focus and scope of the regulatory institutions …

Online Role Play Activities For Developing Oral Presentation Proficiency, Joan M. Culley

Faculty Publications

No abstract provided.

At The Crossroads: A New And Unfortunate Paradigm Of Tribal Sovereignty (Part I Of South Dakota Law Review Trilogy), Frank Pommersheim

Faculty Publications

No abstract provided.

Introduction: Why A Political Ecology Of The U.S. South?, P. T. Hurley, Edward R. Carr

Faculty Publications

No abstract provided.