Digital Commons Network^™

Putting The Community Back Into The ‘Community Benefit’ Standard, Jessica Wilen Berg

Faculty Publications

The responsibility of hospitals to provide charity care raises fundamental questions about the structure of the United States' health care system. There has been little concrete effort to reassess the obligations of hospitals. This Article seeks to fill that gap by proposing a novel framework for analyzing hospitals' community obligations. This new framework challenges traditional notions of individual charity care and provides a normative basis for encouraging a shift toward public health benefits.

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

Despite the remarkable reliance on the Internet as a source of information, we have yet to fully take advantage of it in our movement against domestic violence. Information is used as a weapon in the battle against domestic violence in several limited ways. Yet there is still more we can do with information and, specifically, the Internet, in combating domestic violence. The Scarlet Letter proposal seeks to empower potential victims of domestic violence with information so that they themselves can make choices that will avoid years of suffering and abuse. The idea is to allow public access to the data …

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

Faculty Publications

No abstract provided.

Manipulating The Public Agenda: Why Acorn Was In The News, And What The News Got Wrong, Peter Dreier, Christopher R. Martin

Faculty Publications

This study, which received no outside funding from any organization, analyzed the complete 2007‐2008 coverage of ACORN by 15 major news media organizations, and the narrative frames of their 647 stories during that period. The news media analyzed include the four the highest circulation national newspapers—USA Today, New York Times, Washington Post, and the Wall Street Journal—and an analysis of the transcripts of reports from leading broadcast news organizations: ABC, CBS, NBC, Fox News Channel, CNN, MSNBC, National Public Radio (NPR), and NewsHour with Jim Lehrer (PBS). We also analyzed stories from three local newspapers …

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin Jr.

Faculty Publications

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have given rise …

Hierarchical Additive Modeling Of Nonlinear Association With Spatial Correlations - An Application To Relate Alcohol Outlet Density And Neighborhood Assault Rates, Qingzhao Yu, Bin Li, Richard Allen Scribner

Faculty Publications

Previous studies have suggested a link between alcohol outlets and assaults. In this paper, we explore the effects of alcohol availability on assaults at the census tract level over time. In addition, we use a natural experiment to check whether a sudden loss of alcohol outlets is associated with deeper decreasing in assault violence. Several features of the data raise statistical challenges: (1) the association between covariates (for example, the alcohol outlet density of each census tract) and the assault rates may be complex and therefore cannot be described using a linear model without covariates transformation, (2) the covariates may …

Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball

Faculty Publications

Under Apprendi v. New Jersey, any fact that increases an offender's maximum punishment must be found by a jury beyond a reasonable doubt. The Apprendi literature has focused on the allocation of power between judge and jury, ignoring entirely the role of the parole board in indeterminate sentences-that is, sentences which terminate in discretionary parole release. In an indeterminate sentence, a judge makes a pronouncement about the length of the prescriptive sentence to be imposed, but the parole board decides the actual sentence that is, in fact, imposed.

In this Article, I explore the Apprendi ramifications of indeterminate sentencing. In …

Legal And Social Perspectives On Local Enforcement Of Immigration Under The Section 287(G) Program, Hannah Gill, Mai Thi Nguyen, Katherine Lewis Parker, Deborah Weissman

Faculty Publications

No abstract provided.

Canada (En)Counters Terrorism: Us-Canada Relations And Counter-Terrorism Policy, Veronica Kitchen, Karthika Sasikumar

Faculty Publications

This paper examines the role of identity in shaping counter-terrorism policy in Canada. We show that identity functions in three ways: constitutively by defining the range of choices a state is likely to consider; strategically by being a resource to buttress arguments based in economic or sovereignty interests; and heuristically by using identity as a marker for risk. This three-faceted explanation helps explain why, despite close economic, social, and political links between Canada and the United States which might lead us to expect Canada to follow American counter-terrorism policy, Canadian counter-terrorism policy often diverges from the American lead.

It’S Just A Shot Away: Mmr Vaccines And Autism And The End Of The Daubertista Revolution, Joelle A. Moreno

Faculty Publications

No abstract provided.

Rethinking Drug Courts: Restorative Justice As A Response To Racial Injustice, Michael M. O'Hear

Faculty Publications

Specialized drug treatment courts have become a popular alternative to more punitive approaches to the "war on drugs," with nearly 2,000 such courts now established across the United States. One source of their appeal is the belief that they will ameliorate the dramatic racial disparities in the nation's prison population - disparities that result in large measure from the long sentences handed out for some drug crimes in conventional criminal courts. However, experience has shown that drug courts are not a "do-no-harm" innovation. Drug courts can produce both winners and losers when compared to conventional court processing, and there are …

Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen

Faculty Publications

Despite spending more than any other state on its implementation and administration, California today is saddled with a death penalty law that can be described only as completely dysfunctional. We have the longest death row in America, with approximately 670 inmates awaiting execution. Typically, the lapse of time between sentence and execution is twenty-five years, twice the national average, and is growing wider each year. One hundred nineteen inmates have spent more than twenty years on California's death row. Most of them will certainly die before they are ever executed. Since restoration of the death penalty in 1978, the leading …

Preparing For Disaster: Protecting The Most Vulnerable In Emergencies, Sharona Hoffman

Faculty Publications

Many federal, state, local and private entities are investing significant resources in disaster readiness initiatives. Often disregarded, however, are the special needs of vulnerable populations during disasters. In the context of emergencies, vulnerable groups may include individuals with disabilities, pregnant women, children, the elderly, prisoners, members of ethnic minorities, people with language barriers, and the impoverished. The fate of the disadvantaged during disasters has received little attention in the legal literature, and this article begins to fill that gap. It examines ethical theories of distributive justice and existing federal and state civil rights and emergency response laws and argues that …

The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli

Faculty Publications

The National Research Council, an arm of the National Academy of Sciences, issued a landmark report on forensic science in February 2009. In the long run, the report’s recommendations, if adopted, would benefit law enforcement and prosecutors. The recommendations would allow forensic science to develop a strong scientific basis and limit evidentiary challenges regarding the reliability of forensic evidence. In keeping with its congressional charge, however, the NRC Committee did not directly address admissibility issues. Nevertheless, given its content, the report will inevitably be cited in criminal cases. Indeed, within months, the United States Supreme Court cited the report, noting …

Green Helmets: Eco-Intervention In The Twenty-First Century, Linda A. Malone

Faculty Publications

No abstract provided.

Proportional Deportation, Angela M. Banks

Faculty Publications

No abstract provided.

A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule

Faculty Publications

The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …

Constitutional Displacement, Timothy Zick

Faculty Publications

This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …

Ricci Glitch? The Unexpected Appearance Of Transferred Intent In Title Vii, Kerri Lynn Stone

Faculty Publications

In the case of Ricci v. DeStefano, the Supreme Court officially opened the door to what this Article identifies as a theory of “transferred intent” jurisprudence under Title VII. The principle of transferred intent, borrowed from tort and criminal law, has never before been seen as factoring into Title VII antidiscrimination jurisprudence. In Ricci, the Supreme Court assumed that a city’s refusal to promote firefighters qualifying for promotion based on exams that appeared to disproportionately screen out members of minority groups amounted to deliberate discrimination, irrespective of their individual races or whether their individual races were actually taken into account. …

Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr.

Faculty Publications

Controversy exists over whether the Family Education Records Privacy Act prohibits certain progressive law school academic support methodologies. This Article analyzes these claims, using the text of the statute, the related regulations, case law from the Supreme Court of the United States and other federal courts, and statements from the Department of Education. The thesis of this Article is that most academic support methods are perfectly lawful and that FERPA and progressive pedagogy can peaceably coexist.

Effects Of M-Tyrosine On Feeding And Survival Of Formosan Subterranean Termites (Isoptera: Rhinotermitidae), Bal K. Gautam, Gregg Henderson

Faculty Publications

Amino acids are important to all animal life. Termites rely mainly on microorganisms to retrieve these nitrogen sources from their food. One naturally occurring amino acid, m-tyrosine, has been reported to be toxic to bacteria and weeds. Its direct effects on termite survival are unknown however. Both no-choice and choice bioassays using five different doses of m-tyrosine were conducted to determine the feeding response and survival of Formosan subterranean termites, Coptotermes formosanus Shiraki (Isoptera: Rhinotermitidae), in the laboratory. In no-choice tests, although all doses of m-tyrosine tested reduced filter paper consumption, only the highest dose tested (0.05 M) had significantly …

Paying Teachers To Earn Advanced Degrees: Evidence On Student Performance In Georgia, Noel D. Campbell, Edward J. Lopez

Faculty Publications

No abstract provided.

Forgiveness And Consideration Of Future Consequences In Aggressive Driving, Michael Moore, Eric R. Dahlen

Faculty Publications

Most research on aggressive driving has focused on identifying aspects of driver personality which will exacerbate it (e.g., sensation seeking, impulsiveness, driving anger, etc.). The present study was designed to examine two theoretically relevant but previously unexplored personality factors predicted to reduce the risk of aggressive driving: trait forgiveness and consideration of future consequences. The utility of these variables in predicting aggressive driving and driving anger expression was evaluated among 316 college student volunteers. Hierarchical multiple regressions permitted an analysis of the incremental validity of these constructs beyond respondent gender, age, miles driven per week, and driving anger. Both forgiveness …

The Sounds Of Silence: American Criminal Justice Policy In Election Year 2008, Frank O. Bowman Iii

Faculty Publications

One of the striking features of the 2008 election cycle has been the absence of crime as a national political issue. Nobody has declared metaphorical war on any type of crime, run an ad about the depredations of a parolee, or even promised 100,000 cops. It may simply be that for a country embroiled in two nonmetaphorical foreign wars and deeply nervous about the state of the economy, crime is a second-order concern. It could be that the big drop in crime of all types throughout the 1990s has made the issue seem less pressing. Whatever the explanation, things are …

Controlling Methamphetamine Precursors: The View From The Trenches, Curtis J. Vanderwaal Dr., Rachel M. Bishop, Duane C. Mcbride, Kimberly Rosales, Jamie F. Chriqui, Jean C. O'Connor, Yvonne M. Terry-Mcelrath

Faculty Publications

This paper reports on key informant (KI) and focus group interviews exploring the relationships between methamphetamine small toxic lab (STL) seizures and related activity, and methamphetamine precursor laws. The primary purposes of the KI and focus group interviews were to: 1) examine KIs’ perceptions of the impact of their state’s precursor laws; 2) explore KIs’ perceptions of the organizational and procedural facilitators and barriers to successful implementation of the law(s); and 3) evaluate KIs’ perceptions of the relative importance of various precursor law provisions. Research questions included: 1) What were KIs’ perceptions of the impact of their state’s precursor laws?; …

Vehicle-Vehicle Channel Models For The 5 Ghz Band, Indranil Sen, David W. Matolak

Faculty Publications

In this paper, we describe the results of a channel measurement and modeling campaign for the vehicle-to-vehicle (V2V) channel in the 5-GHz band. We describe measurements and results for delay spread, amplitude statistics, and correlations for multiple V2V environments. We also discuss considerations used in developing statistical channel models for these environments and provide some sample results. Several statistical channel models are presented, and using simulation results, we elucidate tradeoffs between model implementation complexity and fidelity. The channel models presented should be useful for system designers in future V2V communication systems.

Channel Modeling For Vehicle-To-Vehicle Communications, David W. Matolak

Faculty Publications

Physical layer channel modeling is critical for design and performance evaluation at multiple layers of the communications protocol stack. In this article we describe and provide results for modeling vehicle-to-vehicle (V2V) wireless channels. V2V settings produce some unique conditions, and due to these conditions, V2V channels often exhibit greater dynamics than many conventional channels and, in addition, can also exhibit more severe fading. Thus, new channel models are needed to characterize this setting in order to evaluate contending transmission schemes and aid in V2V communication system design. A brief review of key statistical channel parameters is provided. Then both analytical …

Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker

Faculty Publications

No abstract provided.

Torture, With Apologies, Thomas P. Crocker

Faculty Publications

No abstract provided.

A Question Of Progress And Welfare: The Jitney Bus Phenomenon In Atlanta, 1915-1925, Julian C. Chambliss

Faculty Publications

The article focuses on the popularity of private buses modified for passenger service known as jitneys in Atlanta, Georgia as alternatives to streetcars from 1915 to 1925. Jitneys were originated from Los Angeles, California in 1914 and became a success in Atlanta because of their low fares and convenience. Complaints are also listed in response to the venture, citing streetcar companies and city officials urging regulation of jitneys due to their competitive pressure. Commentary is also given noting the social class conflict which was manifested in the transportation policy debate.