Digital Commons Network^™

Resisting Deep Capture: The Commercial Speech Doctrine And Junk-Food Advertising To Children, David Yosifon

Faculty Publications

The present Article is more precisely dedicated to analyzing, from a critical realist perspective, the wisdom and constitutional viability of one possible policy response to the obesity crisis: a ban on junk-food advertising to children.

This Article seeks not only to show that an effective junk-food advertising ban could pass constitutional scrutiny, but also to demonstrate, through the rigor of a constitutional analysis, the wisdom of such an approach to this substantial social problem. Simultaneously, my purpose is to show, in the context of a difficult First Amendment question, that the critical realist approach to legal theory is capable of …

Mental Health, Religious Belief, And "The Terrifying Question", Loren D. Marks

Faculty Publications

In the recent Tim Burton film Big Fish, Albert Finney's yarn-spinning character comments that wild parrots in the Congo will discuss most anything: politics, fashion, literature … but not religion. “Why not religion?” his son queries. “Because it's rude!” snaps the father, “you never know who you might offend.”

Gender Differences In The Relative Age Effect Among Us Olympic Development Program Youth Soccer Players, John Vincent, Francis D. Glamser

Faculty Publications

A large body of research has shown that a disproportionate number of elite youth male soccer players competing in age-segmented competition are born early in the selection year. The advantage of being born early in a cohort has been termed the "relative age effect''. Although there has been an exponential growth in women's soccer, few studies have examined the relative age effect in female youth soccer. This study compared the relative age effect of 1344 female and male youth soccer players considered by the US Olympic Development Program (ODP), in 2001, to be the most talented soccer players born in …

Building The Emotionally Learned Negotiator, Erin Ryan

Faculty Publications

No abstract provided.

Peaceable Schools: Bringing Positive Behavior Support Into Utah Public Education, Paul Caldarella, K. Richard Young

Faculty Publications

This symposium highlights Peaceable Schools, a University-Public School Partnership currently underway in Utah County. Peaceable Schools is a prevention and intervention model for public schools K-12. This project uses Positive Behavior Support principles, which are based on the application of applied behavior analysis, focusing on the promotion of pro-social skills in the public schools. Peaceable Schools uses a positive teaching model to school-based discipline. It attempts to create and build a school culture that communicates explicit, positive expectations for students through posting school rules and consistently promoting positive behavior, rather than reacting in a punitive manner to students’ inappropriate behaviors.

Effects Of Positive Behavior Support On Perceptions Of School Quality, Hilda Sabbah, Paul Caldarella, Michael Richardson, Ben Young

Faculty Publications

Indicators of School Quality (ISQ) is a comprehensive survey system for school administrators to evaluate and monitor school improvement and accreditation efforts.

Managing The Integration Of Space And Information Operations, Daniel F. Gottrich, Michael R. Grimaila

Faculty Publications

No abstract provided.

Commons-Based Digital Libraries, Anita Coleman

Faculty Publications

This is a presentation of 30 slides at the Brown Bag Series, School of Library and Information Science, Indiana University, Bloomington, Indiana on 31 March 2006. Abstract: Commons-based digital libraries are an emerging phenomenon. They are based on a new vision of digital information organization and use. A definition of commons-based digital libraries, some examples, fundamental characteristics, emerging information behaviors, and preliminary results from a scholarly communication survey of LIS faculty will be presented.

Cognitive, Emotional, And Quality Of Life Outcomes In Patients With Pulmonary Arterial Hypertension, Ramona O. Hopkins, Joanne White, Eric W. Glissmehyer, Natalie Kitterman, C. Gregory Elliott

Faculty Publications

Background- The effects of pulmonary arterial hypertension on cardiovascular and physical function are well documented. Limited information exists regarding the effects of pulmonary arterial hypertension on cognitive function despite patient reports of problems with memory and attention. Our primary purpose was to determine if a prospectively identified cohort of pulmonary arterial hypertension patients had cognitive sequelae. Our secondary purpose was to determine the relationships between cognitive sequelae and neuropsychological test scores with depression, anxiety, and quality of life. Methods- Forty-six adults with pulmonary arterial hypertension underwent assessment of cognitive function, depression, anxiety, and quality of life using standardized neuropsychological tests …

Preplacement Examinations And Job-Relatedness: How To Enhance Privacy And Diminish Discrimination In The Workplace, Sharona Hoffman

Faculty Publications

Medical testing in the workplace is raising growing concern in light of increasingly available genetic tests and what is perceived as a general assault on individual privacy in the United States. Almost seventy percent of major U.S. firms require individuals who receive job offers to undergo medical testing prior to the commencement of employment, and the law does not restrict the scope of these examinations. Thus, employers test job candidates not only for fitness for duty and use of illegal substances, but also for a variety of conditions including susceptibility to workplace hazards, breast and colon cancer, sexually transmitted diseases, …

Responders’ Responsibility: Liability And Immunity In Public Health Emergencies, Sharona Hoffman

Faculty Publications

Many experts predict the advent of a public health emergency resulting from a flu pandemic or bioterrorism attack in the foreseeable future. At the same time, many health care providers express significant concern about liability arising from emergency response activities, because it is unlikely that they would be able to provide optimal care in crisis conditions. They also state that this concern will likely influence their willingness to be involved in response activities. This article addresses issues that have received little attention in the legal literature: liability and immunity in public health emergencies. The article provides a first-of-its-kind comprehensive analysis …

Multigenre-Multigendered Research Papers, Mary E. Styslinger

Faculty Publications

Mary E. Styslinger asked high school seniors to explore genre and gender in a nontraditional research project. She then “sought to discover more about what students knew and how students’ knowing was represented.” Her analysis reveals that the multigenre paper can be a powerful form that allows for complexity, questioning, and the development of personal voice.

Justice Stevens, Judicial Power, And The Varieties Of Environmental Litigation, Kenneth A. Manaster

Faculty Publications

1970 was a big year for environmental law. The first of the major federal environmental statutes, the National Environmental Policy Act ("NEPA"), went into force. The first Earth Day was observed. The federal Clean Air Act underwent revolutionary changes, and the United States Environmental Protection Agency ("EPA") was created. Many states also passed ambitious environmental legislation and created new agencies.1970, as is often said, began the "Environmental Decade," when the basic blueprint was drawn for the building of modem environmental law.

The desire of environmental activists for ringing judicial pronouncements of environmental awareness and creative new theories and remedies for …

United States V. Hatter And The Taxation Of Federal Judges, Jonathan L. Entin, Erik M. Jensen

Faculty Publications

Does the constitutional requirement that the "compensation" of federal judges "not be diminished during their Continuance in office" preclude Congress from subjecting sitting judges to the social security taxes from which they had previously been exempt? In Hatter v. United States, the Federal Circuit ruled for judges claiming such an exemption, and, after the Supreme Court granted cert, the authors wrote the first of these two articles, arguing why, for a multitude of reasons, the Supreme Court should reverse and make it clear that judges may constitutionally be subject to a tax of general application. After the Supreme Court held …

The Constitutional Right To Make Medical Treatment Decisions: A Tale Of Two Doctrines, B. Jessie Hill

Faculty Publications

The Supreme Court has taken very different approaches to the question whether individuals have a right to make autonomous medical treatment choices, depending on the context. For example, in cases concerning the right to choose ¿partial-birth¿ abortion and the right to use medical marijuana, the Supreme Court reached radically different results, based on radically different reasoning.

More recent developments, including last Term's decision in Gonzales v. Carhart, have only highlighted the doctrinal confusion and the need for a resolution. In light of this pressing need, the goal of this Article is to view all of the constitutional cases touching on …

Understanding Waiver, Jessica Wilen Berg

Faculty Publications

Waiver plays a role in numerous areas of law, yet no one has attempted to provide a unifying theory of waiver, explaining why some rights cannot be waived and why courts and legislatures have set different standards for the validity of waivers in different circumstances. This article proposes that maximization of autonomy functions as an underlying goal of our legal system generally, and thus the concept of autonomy provides a basis for understanding waivers. It analyzes autonomy in some detail and offers an evaluative framework that functions both descriptively and normatively across different legal areas. There are two senses of …

Ethics And E-Medicine, Jessica Wilen Berg

Faculty Publications

The computer revolution has had enormous effect on all aspects of the practice of medicine from scheduling and billing, to treatments, to research and beyond. This article focuses on the impact of new internet technologies on relationships between physicians and patients. These forms e-medicine may be utilized outside the confines of a pre-existing relationship, and thus have the potential to replace rather than merely augment traditional medical care. They change the setting and nature of the physician-patient relationship and thereby alter how medicine is practiced.

Initial discussions of this issue implied that e-medicine was problematic because it failed to create …

Constructing Competence: Formulating Standards Of Legal Competence To Make Medical Decisions, Jessica Wilen Berg

Faculty Publications

A young woman twenty-six weeks pregnant and dying from cancer lies heavily sedated and attached to a respirator. Is she competent to determine what life-prolonging measures should be taken, or to consent to an emergency cesarean section that may save her fetus but will probably shorten her life? A quadriplegic young man wishes to end his life and requests a court order granting immunity for the medical staff who will unhook his respirator and administer sedatives. Is he competent to choose to die? A person's competence will have implications for whether he or she is allowed to decide what type …

Wheir’S The Beef?: Buffalo Law And Taxation, Erik M. Jensen

Faculty Publications

The intersection of buffalo law and taxation hasn't been a busy one, but accidents still happen: not everyone understands that buffalo have the right of way. This article critically analyzes the recent Tax Court summary opinion in Wheir v. Commissioner, which involved a bodybuilder who sought to deduct the cost of an incredible amount of buffalo meat. Along the way, the article brings buffalo law learning up-to-date; revisits some classic, nineteenth-century buffalo law cases; and, most important, considers whether there are important differences between the American bison and American beef cattle - differences that might have relevance to American tax …

Critical Theory And The Loneliness Of The Tax Prof, Erik M. Jensen

Faculty Publications

This essay, prepared for a symposium on critical theory and tax law, has two goals: to suggest why feminist theory and critical race theory are spreading in taxation and to discuss some dangers of that criticism. The author evaluates three examples of the new criticism: an article on critical race theory by Professors Moran and Whitford; an article on feminist statutory interpretation by Professor Handelman; and a book, Taxing Women, by Professor McCaffery.

The Imaginary Connection Between The Great Law Of Peace And The United States Constitution: A Reply To Professor Schaaf, Erik M. Jensen

Faculty Publications

This article challenges the politically correct theory advanced in a 1989 article by Gregory Schaaf, “From the Great Law of Peace to the Constitution of the United States: A Revision of America’s Democratic Roots.” Professor Schaaf argued that large parts of the U.S. Constitution were based on the Great Law of Peace, the founding document of the Iroquois Confederacy. This article points to the lack of primary authority supporting such a counterintuitive proposition and questions the likelihood that Iroquois principles could have silently influenced American founders. Finally, the article questions whether it is desirable to try to further the status …

The Law Review Manuscript Glut: The Need For Guidelines, Erik M. Jensen

Faculty Publications

Legal academics generally publish in student-edited journals that have no sole-submission requirement, and it is common for authors to submit articles to dozens of journals at a time. As a result, law reviews are buried in manuscripts. Most manuscripts cannot even be looked at, much less evaluated, and there’s not much reason for evaluation anyway: a journal has little chance to publish any particular article. In short, the legal publication system is broken. (Indeed, given the ease and trivial cost of electronic submission - why not submit the article on artichoke law to Yale as well as So-So State? - …

Historical Perspectives On Attitudes Concerning Death And Dying, David San Filippo Ph.D.

Faculty Publications

Beliefs and practices concerning death have changed throughout human history. In pre-modern times, death at a young age was common due to living conditions and medical practices. As medical science has advanced and helped humans live longer, attitudes and responses to death also have changed. In modern Western societies, death is often ignored or feared. Changes in lifestyles and improved medical science have depersonalized death and made it an encroachment on life instead of part of life. This has left many people ill equipped to deal with death when it touches their lives.

Religious Interpretations Of Death, Afterlife & Ndes, David San Filippo Ph.D.

Faculty Publications

This E-book reviews religious beliefs concerning death, afterlife, and near-death experiences. The discussion will provide commentary regarding the similarities between different religious beliefs and experiences concerning death, as well as between religious interpretations of near-death experiences.

Perspectives On The Fears Of Death & Dying, David San Filippo Ph.D.

Faculty Publications

This E-Book will examine some perspectives on fear, the fears of death, and constructs used to overcome or deal with the fears of death. By examining the literature on fear in general, a framework can be developed to understand how individuals become fearful. In the section, “Fears of Death,” what people fear about death and why they fear it will be discussed.

Philosophical, Psychological & Spiritual Perspectives On Death & Dying, David San Filippo Ph.D.

Faculty Publications

This Ebook reviews the philosophical perspectives on death, the psychological perspectives on death and the fears of death and some religious perspectives of death. The philosophic section will review perspectives of death from ancient Greece through modernity. The psychological section will review death, and the fear of death, from the perspectives of psychoanalytic, humanistic, and existentialist theories. The religious section will provide a brief overview of Prehistoric, African, Buddhist, Hindu, Islamic, Jewish, and Christian religious beliefs concerning death and afterlife.

Thinking For Speaking About Motion: L1 And L2 Speech And Gesture, Gale Stam

Faculty Publications

No abstract provided.

Angels As Spiritual Guides, David San Filippo Ph.D.

Faculty Publications

The existence of angels has been discussed for centuries in legendary, philosophical, and religious writings. Many people have reported encounters with angels at different times in their life. Near-death research has recorded angelic encounters, during near-death experiences, by describing encounters with beings of light or angelic forms recognizable to the experiencer. This essay will discuss some legendary, theological, and philosophical beliefs that support the belief in the reality of angels as messengers, guides, and guardians to human beings and their function as spiritual guides during near-death experiences.

The Value Of The Awareness Of Near-Death Experiences, David San Filippo Ph.D.

Faculty Publications

A principal value of Near-death experiences may be in the telling of the stories and the effect these stories have for others to reduce their fears of and concerns about death. This E-book explores the impact and value knowing about, not having a near-death experience has on those who have heard, watch, or read reports of this phenomenon.

The Relationship Between Theology And Philosophy: Constructing A Christian Worldview, Alan G. Padgett

Faculty Publications

No abstract provided.