Digital Commons Network^™

The Constitutional Lynchpin Of Liberty In An Age Of New Federalism: Replacing Substantive Due Process With The Right To Travel, Patrick Garry

Faculty Publications

No abstract provided.

The "Mature" Rehnquist Court And The Dormant Commerce Clause Doctrine: The Expanded Discrimination, David Day

Faculty Publications

No abstract provided.

Fairness In The Air: California's Air Pollution Hearing Boards, Kenneth A. Manaster

Faculty Publications

This article is an update of my earlier article, "Administrative Adjudication of Air Pollution Disputes: The Work of Air Pollution Control District Hearing Boards in California." Because basic features of the law governing California's air pollution hearing boards have remained in place over the years, the original article reportedly continues to be useful for lawyers and others. Nonetheless, some important aspects of the law have changed, and so have many of the practices hearing boards follow. Furthermore, in many parts of the state, hearing boards now often face cases of far greater technical and legal complexity, and environmental and economic …

The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang

Faculty Publications

No abstract provided.

The Challenge Of Treaty Structure: The Case Of Nafta And The Environment, Tseming Yang

Faculty Publications

No abstract provided.

Choice And Fraud In Racial Identification: The Dilemma Of Policing Race In Affirmative Action, The Census, And A Color-Blind Society, Tseming Yang

Faculty Publications

No abstract provided.

International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang

Faculty Publications

No abstract provided.

Law, Politics, And The Appointments Process, Bradley W. Joondeph

Faculty Publications

In recent years, many commentators have called for the "depoliticization" of the judicial appointments process, arguing that politics and ideology have wrongly displaced objective merit in the selection of federal judges. In their book, Advice and Consent: The Politics of Judicial Appointments, Lee Epstein and Jeffrey Segal demonstrate why such prescriptions are misguided. Epstein and Segal are political scientists, not law professors, and thus have no normative stake in protecting constitutional law from politics, the preoccupation of many constitutional theorists. Instead, their aim is purely positive: to explain how the appointments process has actually functioned over the course of the …

Using International Law To Enhance Democracy, David Sloss

Faculty Publications

This article analyzes the domestic application of international human rights law from the standpoint of John Hart Ely's political process theory. The article contends that an Elysian theory favors direct application of international human rights treaties, rather than indirect application of international law as an aid to constitutional interpretation, because direct application keeps the channels of political participation open. Moreover, there are certain areas of substantive law, such as capital punishment, where the Supreme Court functions as the primary lawmaker in the United States. From an Elysian viewpoint, in areas of law like capital punishment, where Congress takes a back …

Understanding The Unrest Of France’S Younger Workers: The Price Of American Ambivalence, Joseph Seiner

Faculty Publications

The youth of France refer to themselves as the “throwaway generation,” in part because they perceive that their value to the labor market is simply disregarded by the government. Against this backdrop, young French workers recently took to the streets in riot to protest a newly enacted employment law that stripped employees under the age of twenty-six of many of their employment protections. The protests persisted after the French Constitutional Council held that the law did not violate France's constitution. The continued violent opposition ultimately forced French President Jacques Chirac to abandon the law, resulting in an embarrassing defeat for …

Using Fact-Finding To Combat Violence Against Women In Ghana, Uganda, And The United States: Lessons Learned As A Clinic Student, Clinic Supervisor, And Practitioner, Lisa V. Martin

Faculty Publications

Gender-based violence threatens the lives and livelihood of women throughout the world. Despite this reality, the laws and policies of many states fail to offer women effective relief and protection from violence. To develop policy reforms effective to combat gender-based violence in a particular community, advocates must first obtain a clear understanding of the nature of the problem in that community. Fact-finding is a critical tool that can enable women’s rights advocates to gain a clear understanding of women’s experience of violence in a particular community by facilitating the documentation of individual human rights abuses and the identification of patterns …

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu

Faculty Publications

No abstract provided.

The Contribution Of Couple Leisure Involvement, Leisure Time, And Leisure Satisfaction To Marital Satisfaction, Heather A. Johnson, Ramon Zabriskie, Brian Hill

Faculty Publications

The purpose of this study was to further clarify the relationship between couple leisure patterns and marital satisfaction by examining the contribution of joint couple leisure involvement, leisure time, and leisure satisfaction to couples’ satisfaction with married life. The sample consisted of 48 married couples (N = 96). The Marital Activity Profile (MAP), a modified version of the Family Leisure Activity Profile (FLAP) was used to determine couple leisure involvement in core and balance leisure activities and leisure satisfaction. The Satisfaction With Married Life (SWML), a modified version of the Satisfaction With Life Scale (SWLS) was used to measure marital …

The Challenges To Harmonization Of Inter-Jurisdictional Trade Laws, Patrick Garry, Candice J. Spurlin

Faculty Publications

No abstract provided.

The Expanded Concept Of Facial Discrimination In The Dormant Commerce Clause Doctrine, David Day

Faculty Publications

No abstract provided.

Criminal Defamation And The Evolution Of The Doctrine Of Freedom Of Expression In International Law: Comparative Jurisprudence Of The Inter-American Court Of Human Rights, Jo Pasqualucci

Faculty Publications

No abstract provided.

The Evolution Of International Indigenous Rights In The Inter-American Human Rights System, Jo Pasqualucci

Faculty Publications

No abstract provided.

Taxometric Investigation Of Ptsd: Data From Two Nationally Representative Samples, Joshua J. Broman-Fulks, Kenneth J. Ruggiero, Bradley A. Green, Dean G. Kilpatrick, Carla Kmett Danielson, Heidi S. Resnick, Benjamin E. Saunders

Faculty Publications

Current psychiatric nosology depicts posttraumatic stress disorder (PTSD) as a discrete diagnostic category. However, only one study has examined the latent structure of PTSD, and this study suggested that PTSD may be more accurately conceptualized as an extreme reaction to traumatic life events rather than a discrete clinical syndrome. To build on the existing literature base, the present research examined the latent structure of posttraumatic stress reactions by applying three taxometric procedures (MAXEIG, MAMBAC, and L-Mode) to data collected from large nationally representative samples of women (ns = 2684 and 3033) and adolescents (n = 3775). Results …

Providing A "Good Death": Critical Care Nurses' Suggestions For Improving End-Of-Life Care, Renea L. Beckstrand, Lynn Clark Callister, Karin T. Kirchhoff

Faculty Publications

• Background Providing appropriate end-of-life care has become a primary concern of nurses and the public. The highly technological critical care environment may not facilitate such care.
• Objective To collect suggestions from critical care nurses for improving end-of-life care in intensive care units.
• Methods A geographically dispersed, random sample of 1409 members of the American Association of Critical-Care Nurses was sent a 72-item survey on perceptions of end-of life care. The survey included a request for suggestions on ways to improve end-of life care.
• Results Of the 861 critical care nurses whoo responded to the survey, 485 offered 530 suggestions for …

User Choices And Regret: Understanding Users' Decision Process About Consensually Acquired Spyware, Nathaniel Good, Jens Grossklags, David Thaw, Aaron K. Perzanowski, Deirdre K. Mulligan, Joseph Konstan

Faculty Publications

Spyware is software which monitors user actions, gathers personal data, and/or displays advertisements to users. While some spyware is installed surreptitiously, a surprising amount is installed on users’ computers with their active participation. In some cases, users agree to accept spyware as part of a software bundle as a cost associated with gaining functionality they desire. In many other cases, however, users are unaware that they installed spyware, or of the consequences of that installation. This lack of awareness occurs even when the functioning of the spyware is explicitly declared in the end user license agreement (EULA). We argue and …

Rules, Standards, And The Internal Point Of View, Dale A. Nance

Faculty Publications

The general thrust of the present discussion is that, in addition to its contribution to economizing on enforcement costs, there is a connection between the internal point of view and the aspiration to republican self-government: the greater the incidence of the former, the greater the achievement of the latter, ceteris paribus. This fact imbues the notion of a healthy legal system with a crucially normative component that goes beyond, and need not be inconsistent with, efficient social organization.

Culture As Justification, Not Excuse, Elaine M. Chiu

Faculty Publications

The wide discussion of cultural defenses over the last twenty years has produced very little actual change in the criminal law. This Article urges a reorientation of our approach thus far to cultural defenses and aspires to move the languishing discussion to a more productive place. The new perspective it proposes is justification. The Article asks the criminal law to make doctrinal room for defendants to argue that their allegedly criminal acts are justified acts, and not excused acts, based on the values and norms of their minority cultures. Currently, the criminal law deals with such acts of minority defendants …

Recoiling From Religion, Marc O. Degirolami

Faculty Publications

This is an essay reviewing Professor Marci A. Hamilton's book, GOD VS. THE GAVEL: RELIGION AND THE RULE OF LAW (Cambridge Univ. Press 2005).

Professor Marci Hamilton has written a forceful and obviously heartfelt book that should give pause to committed champions of religious free exercise. She argues convincingly that religious freedom is too often invoked to shield opprobrious and socially harmful activity, and she describes numerous examples of such abuses that make any civilized person's blood run cold. Her avowed aims are to debunk the “hazardous myth” that religion is “inherently and always good for society” and to increase …

Formalism In American Contract Law: Classical And Contemporary, Mark L. Movsesian

Faculty Publications

It is a universally acknowledged truth that we live in a formalist era—at least when it comes to American contract law. Much more than the jurisprudence of a generation ago, today's cutting-edge work in American contract scholarship values the formalist virtues of bright-line rules, objective interpretation, and party autonomy. Policing bargains for substantive fairness seems more and more an outdated notion. Courts, it is thought, should refrain from interfering with market exchanges. Private arbitration has displaced courts in the context of many traditional contract disputes. Even adhesion contracts find their defenders, much to the chagrin of communitarian scholars.

This is …

The Necessity Of Sex Change: A Struggle For Intersex And Transsex Liberties, Noa Ben-Asher

Faculty Publications

(Excerpt)

Transsex individuals often desire the future body that they should have, while intersex individuals often mourn the body they had before an unwanted normalizing surgery interfered with it. Thus, Judith Butler, a dominant feminist-queer theorist who has had a significant role in the shaping of queer theory and politics since the early 1990s, has lately commented that "intersex and transsex sometimes seem to be movements at odds with each other, the first opposing unwanted surgery, the second sometimes calling for elective surgery ...." This proposition serves as a point of departure for this Article, which explores current legal …

Decentering The Firm: The Limited Liability Company And Low-Wage Immigrant Women Workers, Miriam A. Cherry

Faculty Publications

(Excerpt)

Imagine the following scenario: a group of immigrant women clean houses and offices in the suburbs of a large northeastern city. These workers speak languages other than English. Therefore they depend on an intermediary, another immigrant who has been in the United States for a longer period of time, to solicit jobs, negotiate schedules, and communicate with customers. Although this “intermediary” does not actually perform any of the cleaning work, the intermediary’s “cut,” or share of the income generated, is substantial. The immigrant workers are typically paid a low wage, often averaging below the minimum wage set by the …

At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnard

Faculty Publications

No abstract provided.

Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim

Faculty Publications

No abstract provided.

A Retrospective, Descriptive Study Of Shoulder Outcomes In Outpatient Physical Therapy, A. Lynn Millar, Philip A. Jasheway, Wendy Eaton, Frances Christensen

Faculty Publications

Study Design: A retrospective, descriptive study of clients with shoulder dysfunction referred to physical therapy. Objectives: To (1) describe the clinical and functional outcomes of clients with shoulder dysfunction following outpatient physical therapy, and (2) to compare the outcomes by type of shoulder dysfunction. Background: Although individuals with shoulder dysfunction are commonly referred to physical therapy, few large descriptive studies regarding outcomes following physical therapy are available. Methods and Measures: Data for 878 clients (468 female, 410 male) were retrieved and analyzed. This database was developed between 1997 and 2000 and included 4 outpatient facilities from 1 healthcare system in …

The Benefits Of A For-Credit Course For New Writing Center Staff, Richard Benjamin Crosby

Faculty Publications

Some questions about writing center theory and praxis never seem to change: how do we prepare for our clientele? How do we engage them? What questions should we ask? When should we direct them? And when should we encourage them to direct us? The list goes on. Fortunately, we consider it a virtue that we continue interrogating the same issues. As students of rhetoric, we realize that the answers to these questions often depend on the contexts in which they are asked. Thus, we give ourselves over to principles of adaptability. Instead of establishing rigid, universal rules that do not …