Digital Commons Network^™

In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily Suski

Faculty Publications

In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …

The Diffusion Of Responsibilty In Capital Clemency, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Commentary: Considerations For Use Of Racial/Ethnic Classification In Etiologic Research, Jay S. Kaufman, Richard S. Cooper

Faculty Publications

Numerous authors have critiqued the use of race as an etiologic quantity in medical research. Despite this criticism, the use of variables encoding racial/ethnic categorization has increased in epidemiology, and most researchers agree that important variation in disease risk is captured by this classification system. Previous discussions have generally neglected to articulate guidelines for appropriate use of racial/ethnic information in etiologic research. The authors summarize the logical, conceptual, and practical problems associated with the "ethnic paradigm" as currently applied in biomedical sciences and offer a set of methodological recommendations toward more valid use of racial/ethnic classification in etiologic studies. These …

The Power Of Apology And The Process Of Historical Reconciliation, Robert R. Weyeneth

Faculty Publications

The article analyzes one of the ways that history makes the headlines today: in discussions of whether the present can--and should--apologize for the past. It examines this recent phenomenon by asking if historical apologies have the ability to facilitate a process of historical reconciliation. In its first three sections, the article explores the range and forms of apologies reported in the press during the last decade or so, the motives and goals of apologists, and the reasoning of those with misgivings about the utility and wisdom of apologies. A fourth section assesses the efficacy of historical apologies. Is an apology …

A Primer On Adoption Law, Douglas E. Abrams

Faculty Publications

No abstract provided.

Consumer Self-Confidence: Refinements In Conceptualization And Measurement, William O. Bearden, David M. Hardesty, Randall L. Rose

Faculty Publications

The development and validation of measures to assess multiple dimensions of consumer self-confidence are described in this article. Scale-development procedures resulted in a six-factor correlated model made up of the following dimensions: information acquisition, consideration-set formation, personal outcomes, social outcomes, persuasion knowledge, and marketplace interfaces. A series of studies demonstrate the psychometric properties of the measures, their discriminant validity with respect to related constructs, their construct validity, and their ability to moderate relationships among other important consumer behavior variables.

Parenting Stress In Families With Children With Disabilities, Timothy B. Smith, Matthew N. I. Oliver, Mark S. Innocenti

Faculty Publications

Parenting stress is an important variable to consider in families with children with disabilities. This study evaluated 880 such families, using measures of child and family functioning. Results suggest that factors such as income, time available for interaction with the child, and social support predict parenting stress much better than do aspects of child functioning.

Annotated Bibliography Of Research In The Teaching Of English, Deborah Brown, Judy Kalman, Ad Stinson, Me Whiting

Faculty Publications

Twice a year, in the May and November issues, RTE publishes a selected bibliography of recent research in the reaching of English. Most of the studies appeared during the six-month period preceding the compilation of the bibliography (June through December, 2000,for the present bibliography), but some studies that appeared earlier are occasionally included. The listing is selective; we make no attempt to include all research and research-related articles that appeared in the period under review. Comments on the bibliography and suggestions about items for inclusion may be directed to the bibliography editors. We encourage you to send your suggestions to …

Crumbs For Oliver Twist: Resolving The Conflict Between Tax And Support Claims In Bankruptcy, Michelle A. Cecil

Faculty Publications

This article is premised on the assumption that the congressional goal of preferring support claims over federal income tax claims is indeed a laudable one, based on three interrelated policy justifications. First, support claimants are unable to spread their risk of loss like the government is able to do by raising tax rates or increasing tax revenue from other sources. As three prominent bankruptcy scholars noted in their recent study of consumer bankruptcy entitled The Fragile Middle Class: Americans in Debt:

Social Influence On Paranormal Beliefs, Barry N. Markovsky, Shane R. Thye

Faculty Publications

In spite of strong public expressions of skepticism from the scientific community, polls show that more than nine out of ten American adults profess belief in paranormal phenomena. Some scientists view this as a social problem, directing much blame (but little research) at a variety of sources including lack of critical thinking skills, fads, need for transcendent experiences, failure of the educational system, and cultural cycles. Social impact theory provides an alternative focus: it views paranormal beliefs as a natural consequence of social influence processes in interpersonal settings. In this study, subjects in a laboratory experiment were informed that some …

Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong

Faculty Publications

The essays collected in this book arise out of a series of seminars exploring the relationship between law and faith, broadly defined, and investigate "the many varied links between law and faith", particularly as those links relate to legal theory. While the editors intended to demonstrate the diversity of ways in which the topic can be viewed, this very diversity causes some problems for the reader.

Language Acquisition In Children With Autism, Tina Taylor

Faculty Publications

By definition, children with autism have deficits in communication. Often, when parents notice that something is "different" about their child, it is that he does not acquire language at the same rate as his peers, that the child uses what language he has in an idiosyncratic fashion (e.g., repeating phrases from videos, using pronouns incorrectly), or that the child appears to understand only that language which might be reinforcing to him (e.g., not responding to "Look at Mommy," but responding to "Do you want a cookie?)" When these "red flags" are apparent, parents should beware of misguided advice such as …

Lexical Failure And Gesture In Second Language Development, Gale Stam

Faculty Publications

Second language acquisition can be defined as the acquisition of another language after the age of three or four (Klein, 1986). It involves the learning and mastery of the morphology, syntax, phonology, and lexicon of the new language. The process by which learners acquire a second language is complex, gradual, nonlinear, and dynamic (Larsen- Freeman, 1991). Depending on their stage of second language development, learners may have difficulty retrieving words, or they may not know words at all and exhibit lexical failure.

Butterworth and Hadar (1989, 1997) have proposed that iconic gestures arise when speakers have a lexical retrieval problem …

"Through Many Tears" (2 Cor. 2:4): Paul's Grieving Letter And The Occasion Of 2 Corinthians 1-7, David E. Fredrickson

Faculty Publications

No abstract provided.

The Social Life Of Information (Book Review), Clive Muir

Faculty Publications

No abstract provided.

Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

Burning Our Lamps With Borrowed Oil: The Liturgical Use Of The Psalms And The Life Of Faith, Rolf A. Jacobson

Faculty Publications

No abstract provided.

Introduction To Between Gay And Straight: Understanding Friendship Across Sexual Orientation [Book], Lisa M. Tillmann Ph.D.

Faculty Publications

This chapter sets a personal, academic, and cultural context for the author's PhD dissertation research (1994-98), an ethnographic and interview study of a network of gay male friends in Tampa, Florida.

The Americans With Disabilities Act And The Aging Athlete After Casey Martin, Alison M. Barnes

Faculty Publications

No abstract provided.

Law, Cinema, And Ideology: Hollywood Legal Films Of The 1950s, David Ray Papke

Faculty Publications

No abstract provided.

A Usage-Based Simulation Of Spanish S-Weakening, David Eddington

Faculty Publications

The pronunciation of Spanish /s/ as an aspirate [h] (or its deletion) is studied in a usagebased simulation that assumes that prior linguistic experiences are stored as memory traces, and that these stored experiences, instead of generalizations abstracted from them, are the source of the knowledge speakers have of their language. This exploratory simulation was carried out using the algorithm of Analogical Modeling of Language (Skousen 1989, 1992).

A Government Of Laws And Also Of Men: Judge William K. Thomas, R. Lawrence Dessem

Faculty Publications

Judge William K. Thomas served for more than forty years as a common pleas judge and as a judge for the United States District Court for the Northern District of Ohio. During his service on the state and federal bench, Judge Thomas epitomized the qualities of fairness, integrity, justice, and compassion that we expect in our judiciary. This article highlights some of the qualities that made Judge Thomas a truly great judge, as well as some of the highlights of his judicial career. It is written as a memorial tribute by one of his former law clerks.

The Use Of Placebos In Clinical Trials: Responsible Research Or Unethical Practice?, Sharona Hoffman

Faculty Publications

Developments in medical research have been occurring at a rapidly increasing rate during the past two decades. Expanding budgets, augmented computer capabilities, and new research tools have all dramatically enhanced research technology. Accompanying the proliferation of medical research are increasing concerns about research risks. This article focuses on placebo-controlled clinical trials. The use of placebos enables clinical investigators to compare results from subjects taking an experimental intervention to results from a group that is receiving an inactive substance, such as a sugar pill, in order to determine the efficacy of the new medication. In recent years, some surgeons have also …

Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance

Faculty Publications

In this article I give a mixed review Allen and Leiter’s naturalized epistemology theory of evidence. I applaud their focus on naturalized epistemology, but I question the claims that they argue follow from it. In some ways, my reaction is that they have not gone far enough in pressing its implications, and I attempt to suggest how further progress might be made along this path. On the whole, I conclude that the antipathy toward algrithms expressed by Allen and Leiter is misplaced.

Grave Secrets: Ethical And Legal Analysis Of Postmortem Confidentiality, Jessica Wilen Berg

Faculty Publications

*A young man finds a letter from his recently deceased's mother's therapist and calls the psychologist to get information about whether his mother sought counseling because of difficulties in their relationship. The therapist reassures the son that his mother came for help in dealing with her terminal illness.

*A now-adult child sues her deceased father's physician for failing to warn her that her father's death when she was 10 years old was due to colon cancer, a potentially inheritable disease.

*Following the death of Linda McCartney, a number of newspapers reporters, suspecting physician-assisted suicide, demanded access to her death certificate …

Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott

Faculty Publications

Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …

The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii

Faculty Publications

This Article has four parts. First, it describes the general structure of the Federal Sentencing Guidelines and the approach to sentencing economic crimes in effect between 1987 and 2001. Second, it outlines the defects in the former economic crime guidelines that led to the call for reform. Third, it describes the process undertaken by the Sentencing Commission that led to the passage of the 2001 economic crime amendments and, in so doing, provides a roadmap to sources of legislative history. Fourth, it explains and analyzes the new guidelines in light of their legislative history, with primary emphasis on the consolidated …

Granting Forgiveness Or Harboring Grudges: Implications For Emotion, Physiology, And Health, Charlotte Vanoyen-Witvliet, Thomas Ludwig, Kelly L. Vander Laan

Faculty Publications

Interpersonal offenses frequently mar relationships. Theorists have argued that the responses victims adopt toward their offenders have ramifications not only for their cognition, but also for their emotion, physiology, and health. This study examined the immediate emotional and physiological effects that occurred when participants (35 females, 36 males) rehearsed hurtful memories and nursed grudges (i.e., were unforgiving) compared with when they cultivated empathic perspective taking and imagined granting forgiveness (i.e., were forgiving) toward real-life offenders. Unforgiving thoughts prompted more aversive emotion, and significantly higher corrugator (brow) electromyogram (EMG), skin conductance, heart rate, and blood pressure changes from baseline. The EMG, …

Race And Races: Constructing A New Legal Actor, Margalynne J. Armstrong

Faculty Publications

No abstract provided.