Digital Commons Network^™

A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer Ann Drobac, Antony Page

Faculty Publications

For decades, Americans have argued about who may marry and what marriage actually means in legal, religious, and philosophical terms. For almost as long, two problems - the rising divorce rate and the poverty of some "divorced" children and their custodians - have fed concerns about the viability of marriage as an institution that promotes domestic stability and economic security. This Article explores the notion that domestic partnership based upon business partnership law would better serve more couples, their families, and society as a whole. It proposes a Uniform Domestic Partnership Act, loosely modeled after the UPA, as a substitute …

From The Classroom To The Boardroom: How Understanding 'The Rules' Of Dating Can Help Undergraduate Business Students Practice 'The Rules' Of Effective Career Communication, Marilyn K. Easter, T Clark, M Clark

Faculty Publications

No abstract provided.

Responsibility For Hiv Prevention: Patterns Of Attribution Among Hiv-Seropositive Gay And Bisexual Men, C. Offer, O. Grinstead, E. Goldstein, Edward M. Mamary, N. Alvarado, J. Euren, W. Woods

Faculty Publications

The article presents research based on narratives by gay and bisexual men recently infected with HIV. Researchers looked at the men's attributions of responsibility for infection, comparing recollections of feelings before becoming infected with views expressed after seroconversion. The research responds to a call to better understand risk behavior among HIV-positive persons, in an effort to craft effective prevention interventions. In both before-and after-HIV infection views, survey participants expressed a sense of personal responsibility. Researchers report also nuances of views about shared responsibility.

Guilty Pleas, Brady Disclosure, And Wrongful Convictions, Kevin C. Mcmunigal

Faculty Publications

The purpose of this article is to explore a connection between prosecutorial failures to disclose Brady material and wrongful convictions in the context of guilty pleas, the primary procedural vehicle our criminal justice system uses for securing criminal convictions.

Brady And Jailhouse Snitches, Paul C. Giannelli

Faculty Publications

No abstract provided.

All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez

Faculty Publications

No abstract provided.

Disclosure Of Maternal Hiv Status To Children: To Tell Or Not To Tell . . . That Is The Question, Tanya L. Tompkins

Faculty Publications

HIV-infected mothers face the challenging decision of whether to disclose their serostatus to their children. From the perspective of both mother and child, we explored the process of disclosure, providing descriptive information and examining the relationships among disclosure, demographic variables, and child adjustment. Participants were 23 mothers and one of their noninfected children (9 to 16 years of age). Sixty-one percent of mothers disclosed. Consistent with previous research, disclosure was not related to child functioning. However, children sworn to secrecy demonstrated lower social competence and more externalizing problems. Differential disclosure, which occurred in one-third of the families, was associated with …

Parentification And Maternal Hiv Infection: Beneficial Role Or Pathological Burden?, Tanya L. Tompkins

Faculty Publications

Parentification, along with parenting and child adjustment were examined in 23 9-through 16-year-old youth from families affected by maternal HIV infection and 20 same-age peers whose mothers were not infected. Children whose mothers were HIV-positive reported to more often engage in parental role behaviors, relative to children of HIV-negative mothers. This difference remained even after controlling for the effects of current drug use, number of adults per child in the household, and marital status. Findings revealed a beneficial relationship between parentification and both child adjustment and parenting, particularly among families affected by maternal HIV infection. When relationships were examined separately …

"If You Want Me To Treat You Like An Adult, Start Acting Like One!" Comparing The Criteria That Emerging Adults And Their Parents Have For Adulthood, Larry J. Nelson, Laura M. Padilla-Walker, Jason S. Carroll, Stephanie D. Madsen, Carolyn Mcnamara Barry, Sarah Badger

Faculty Publications

The purpose of this study was (a) to identify the criteria parents of emerging adults consider necessary and important for their children to achieve adulthood, (b) to compare parents' criteria for adulthood with the criteria espoused by emerging adults, and (c) to examine how these criteria might differ on the basis of gender and the parent and gender of the child. Participants included 392 unmarried college students, ages 18–25, and at least 1 of their parents (271 fathers, 391 mothers). Results revealed that (a) as did their children, most parents did not yet view their children as adults, (b) there …

Teacher-Written Feedback: Student Perceptions, Teacher Self-Assessment, And Actual Teacher Performance, Wendy Baker, Julie L. Montgomery

Faculty Publications

Most research in second language (L2) writing has focused on students’ perceptions more than teachers’ self-assessment of teacher-written feedback. This study’s purpose was to investigate: (1) how much local and global written feedback teachers give, (2) how their self-assessments and students’ perceptions of this feedback coordinate, and (3) how well teachers’ self-assessments match their actual performance. Teachers and students in an intensive English as a second language (ESL) program were surveyed about their perceptions of teacher written feedback on compositions. These surveys were compared to teachers’ actual written feedback. Results indicated that teachers’ self-assessments and student perceptions of teacher-written feedback …

Using Live Modeling To Train Preservice Teachers To Integrate Technology Into Their Teaching, Charles R. Graham, Richard E. West

Faculty Publications

One method underutilized in training teachers to use technology is to use live modeling sessions. This study qualitatively investigates how the use of modeling sessions impacted students. In this study we found that modeling was perceived by most students to be effective at teaching technology skills and ideas for integrating technology as teachers. However, we identified several breakdowns in the ability of students to transfer their understanding of technology integration to their own situations. We explain this difficulty of transfer of learning and describe five situations when these breakdowns were likely to occur. Implications include the benefits of using live …

Judges As Humans: Interdisciplinary Research And The Problems Of Institutional Design, Chad M. Oldfather

Faculty Publications

The article takes up the question of how best to put the increasing amount of interdisciplinary scholarship on courts and judges to work in service of institutional design and reform. The analysis focuses on the analysis from a recent book, Judges and Their Audiences: A Perspective on Judicial Behavior, by Lawrence Baum. The book provides an appropriate vehicle for this analysis because of what might be called its multi-interdisciplinarity. In it, Baum, a political scientist, draws on social psychology to critique political science models of judicial behavior.

I argue that analyses such as Baum's are important not only for their …

The Underlying Causes Of Divergent First Amendment Interpretations, Scott C. Idleman

Faculty Publications

No abstract provided.

The Impact Of Popular Culture On American Perceptions Of The Courts, David Ray Papke

Faculty Publications

After a brief introduction defining popular culture as the commodities and experiences produced by the culture industry for mass audiences, this essay explores the impact of court-related popular culture on what Americans think of and expect from their courts. The Perry Mason effect from an earlier era and the CSI effect from the present are noted, as is scholarly work by Michael Asimow, Philip T. Dunwoody, Kimberlianne Podlas, Victoria S. Salzmann, and others. The essay concludes with suggestions for what might be done in the courthouse, the community, and the family room to control the impact of court-related popular culture …

The Law And Economics Of Identity, Rafael Gely

Faculty Publications

A growing number of legal scholars have written about the demands that society and particular employers have placed on non-traditional employees to perform their identities, “or make themselves palatable” to their employers, by comporting with the criteria that the institution values. These authors have forcefully made the argument that some of these requirements are actually a form of class subordination; as a response, they argue for various forms of legal intervention.

Response, What’S Good About Trials?, Michael M. O'Hear

Faculty Publications

This response questions whether trial distortion represents a significant problem. Professor O'Hear believes our main focus should be on “mak[ing] plea bargaining processes look more like trial processes.” According to Professor O'Hear, “The trick is to find ways of injecting the values of voice, neutrality, and respect into the plea bargaining process without robbing plea bargaining of its efficiency advantages over the trial process.”

Is The U.S. Government’S Mining Of Commercial Data Contributing To An Erosion Of Public Trust In Government?, Carter H. Manny Jd

Faculty Publications

Following the terrorist attacks of September 11, 2001, the executive branch of the U.S. Government turned to data mining practices for the avowed purpose of protecting public security. Relying on a combination of legislative authorization and cooperation by the private sector, federal institutions have obtained access to information in commercial databases collected largely from routine business transactions by ordinary people posing no particular threat to public order. Much of the data mining has occurred without safeguards like prior court authorization and limitations in the Privacy Act of 1974. In the absence of these safeguards designed to protect individual liberty, data …

Prosecutors And Corrupt Science, Kevin C. Mcmunigal

Faculty Publications

No abstract provided.

In Sickness, Health And Cyberspace: Protecting The Security Of Electronic Private Health Information, Sharona Hoffman, Andy Podgurski

Faculty Publications

The electronic processing of health information provides considerable benefits to patients and health care providers at the same time that it creates serious risks to the confidentiality, integrity, and availability of the data. The Internet provides a conduit for rapid and uncontrolled dispersion and trafficking of illicitly-obtained private health information, with far-reaching consequences to the unsuspecting victims. In order to address such threats to electronic private health information, the U.S. Department of Health and Human Services enacted the HIPAA Security Rule, which thus far has received little attention in the legal literature. This article presents a critique of the Security …

Ron Coffey: The Thinker's Thinker, Peter M. Gerhart

Faculty Publications

Tribute to Ron Coffey

A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck

Faculty Publications

This Article will discuss the mechanics of putative father registries, review jurisdictional issues, analyze the policies behind their development, and review relevant case law over the last 5 years.

News Reporting And Its Impact On Conflict, Richard C. Reuben

Faculty Publications

This symposium seeks to bridge this important gap in our social understanding of conflict by stimulating a sustained discussion among scholars about its contours. The task is important and timely, worthy of effort on both the media and the conflict sides of the equation.

Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell

Faculty Publications

The purpose of this article is to expose felon exclusion laws as a method for undermining the individual and collective citizenship rights of the African-American community, and to call for their abolition.

American Buffalo: Vanishing Acquittals And The Gradual Extinction Of The Federal Criminal Trial Lawyer, Frank O. Bowman Iii

Faculty Publications

This essay is an invited response to Professor Ronald Wright's impressive study of the fact that the acquittal rate in federal criminal trials is declining even faster than the rate of trials themselves, Trial Distortion and the End of Innocence in Federal Criminal Justice, 154 U. PA. L. REV. 79 (2005). The essay concurs with Professor Wright's conclusion that one significant factor driving down both federal trial and acquittal rates is the government's use of the markedly increased bargaining leverage afforded to prosecutors by the post-1987 federal sentencing system consisting of the U.S. Sentencing Guidelines interacting with various statutory mandatory …

Damages In Tort Litigation: Thoughts On Race And Remedies, 1865-2007, Jennifer Wriggins

Faculty Publications

The relationship between remedies and race in U.S. tort law merits attention. This essay first challenges the boundary between civil rights and tort remedies by highlighting a stunning but previously overlooked 1959 Fifth Circuit case where an individual tort remedy served as a significant civil rights remedy in the integration of public transportation throughout the South. Second, the essay focuses on the relationship between race and damages from 1865 to the present. It argues that the torts system provided access to indigent plaintiffs of all races during periods when poor people were otherwise denied legal representation in every other context. …

Ethics, Csr, And Sustainability Education In The Financial Times Top 50 Global Business Schools: Baseline Data And Future Research Directions, Lisa Jones Christensen, Ellen Peirce, Laura P. Hartman, W. Michael Hoffman, Jamie Carrier

Faculty Publications

This paper investigates how deans and directors at the top 50 global MBA programs (as rated by the Financial Times in their 2006 Global MBA rankings) respond to questions about the inclusion and coverage of the topics of ethics, corporate social responsibility, and sustainability at their respective institutions. This work purposely investigates each of the three topics separately. Our findings reveal that: (1) a majority of the schools require that one or more of these topics be covered in their MBA curriculum and one-third of the schools require coverage of all three topics as part of the MBA curriculum, (2) …

Praying, Playing, And Successful Families: An Examination Of Family Religiosity, Family Leisure, And Family Functioning, Sarah Taylor Agate, Ramon B. Zabriskie, Dennis L. Eggett

Faculty Publications

The purpose of this study was to examine the relationship between family religiosity, family leisure, and family functioning. The sample consisted of 121 parents and 99 youth from various religious groups. Results indicated a positive relationship between family religiosity and family leisure. Both family religiosity and family leisure had a significant relationship with family functioning in this sample. Data collected from both parents and youth provided insight into the influence of family religiosity and family leisure on family functioning. Family religiosity was the strongest predictor of family functioning for parents. For youth, both family leisure and family religiosity were significant …

Impact Of The Developmental Appropriateness Of Teacher Guidance Strategies On Kindergarten Children’S Interpersonal Relations, Hardee M. Schmidt, Diane C. Burts, R. Sean Durham, Rosalind Charlesworth, Craig H. Hart

Faculty Publications

This initial study explored the social behaviors of kindergarten children in two classrooms (one developmentally appropriate, one developmentally inappropriate) where the teacher used either positive or negative guidance strategies. Six pairs of kindergartners-three dyads (boy-boy, girl-girl, boy-girl) from a classroom in which the teacher used positive guidance strategies and three from a classroom where the teacher used negative guidance strategies-were observed while playing in a researcher-designed play center. Observations over a three-month period revealed an increase in positive social behaviors among children from the positive guidance classroom and a decrease in positive social behaviors among children from the negative guidance …

In Their Own Image: The Public Library Collection As A Reflection Of Its Donors, Suzanne Marie Stauffer

Faculty Publications

No abstract provided.

Developing Children's Interest In Reading, Suzanne Marie Stauffer

Faculty Publications

No abstract provided.