Digital Commons Network^™

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, …

When Policy Meets Practice: The Untested Effects Of Permanency Reforms In Child Welfare, Amy D’Andrade, J Berrick

Faculty Publications

The Adoption and Safe Families Act (P.L. 105-89; ASFA) passed into federal law in 1997. ASFA emphasized child protection over family preservation, and introduced reforms intended to increase the likelihood and the speed with which children in the child welfare system attain a permanent home. This article details two provisions of the law, concurrent planning and reunification exception, and explores challenges in their implementation. These provisions have the potential to shift the nature of how child welfare services are delivered, and which families will receive them. An examination of implementation in the state of California suggests there is a need …

Death By Bluebook, Erik M. Jensen

Faculty Publications

This review considers a novel about life (and death) on the University of Chicago Law Review, where editors and associates seem to do little but have sex, connive to get ahead, have sex, kill (with Gunther's con law casebook, no less), and have sex. The reviewer, who didn't attend the U of C law school, believes it all.

Tough On Scholarship, Erik M. Jensen

Faculty Publications

This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.

A Day In The Life Of S. Breckinridge Tushingham, Erik M. Jensen

Faculty Publications

This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.

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.

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.

God In Civil Society: Prophetic, Sapiential, And Pacific, Gary M. Simpson

Faculty Publications

No abstract provided.

‘Flex Your Power’: Energy Crises And The Shifting Rhetoric Of The Grid, Anne Marie Todd, A. Wood

Faculty Publications

In response to widespread power outages, rolling blackouts, and ubiquitous energy debates, this essay considers our relation to energy and the grid that produces it. First, we investigate California's multimedia Flex Your Power campaign, which defines consumers as nodes of the grid to emphasize their responsibility to maintain a stable energy supply. Second, we examine state and national responses to the 2003 blackout in the Northeastern United States, attending to three strategies through which grid administrators sought to impose order, enact hierarchy, and deindividuate power. We propose that the grid invokes personalization at the "local" level and abstraction at the …

Practical Theology As Social Ethical Action In Christian Ministry: Implications From Emmanuel Levinas And Dietrich Bonhoeffer, Andrew Root

Faculty Publications

No abstract provided.

Research Agenda For Studying Open Source Ii: View Through The Lens Of Referent Discipline Theories, Ashley R. Davis, Fred Niederman, Martina E. Greiner, Donald Wynn, Paul T. York

Faculty Publications

In a companion paper [Niederman et al., 2006] we presented a multi-level research agenda for studying information systems using open source software. This paper examines open source in terms of MIS and referent discipline theories that are the base needed for rigorous study of the research agenda.

Fans, Free Expression, And The Wide World Of Sports, Howard M. Wasserman

Faculty Publications

No abstract provided.

Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo

Faculty Publications

No abstract provided.

The Family As A Context For Religious And Spiritual Development In Children And Youth, Chris J. Boyatzis, David C. Dollahite, Loren D. Marks

Faculty Publications

Our chapter addresses how the family promotes or hinders transcendence of the self in children, that is, how the family is a context in which spiritual development occurs. Due to space limitations, our emphasis is on socialization and interaction processes within the family and not on other issues such as psychodynamic processes (e.g., Rizzuto, 1979) or faith development (e.g., Fowler, 1981). There are many motivations to explore family socialization of religious and spiritual development. One, family spirituality and religiosity are linked with many desirable outcomes and inversely with negative outcomes in children and youth. (Other chapters in this volume examine …

Multicultural Education In The Mental Health Professions: A Meta-Analytic Review, Timothy B. Smith, Madonna G. Constantine, Todd W. Dunn, Jared M. Dinehart, Jared A. Montoya

Faculty Publications

The American Psychological Association and many other professional mental health organizations require graduate programs to provide education in multicultural issues. However, the effectiveness of multicultural education has been debated in the literature over the past several years. The overall purpose of this study was to examine the effectiveness of multicultural education using meta-analytic methodologies. Findings revealed that multicultural education interventions were typically associated with positive outcomes across a wide variety of participant and study characteristics. Multicultural education interventions that were explicitly based on theory and research yielded outcomes nearly twice as beneficial as those that were not. Priorities for future …

Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron

Faculty Publications

This Symposium is an outgrowth of our Moneyball article. With the approaching twentieth anniversary of the first U.S. News law school rankings, it is a particularly propitious time to take a fresh look, to hear new voices, and to reconsider issues surrounding law school rankings. Many of America's most thoughtful law professors (as well as academics in other disciplines) gathered on April 15, 2005 at the Indiana University School of Law--Bloomington to discuss “The Next Generation of Law School Rankings.” Many of the participants previously have written about law school rankings, but others have not--all are poets, and many have …

Career Paths Of Distance Education Librarians: A Profile Of Current Practitioners Subscribed To The Offcamp Listserv, Allyson Washburn

Faculty Publications

A growing number of institutions are offering courses and degrees via distance education, however distance education librarianship is a relatively new and often less defined field of librarianship. This paper will present the results of a survey to discover career paths leading to distance education librarianship. Based on a survey of subscribers to the OFFCAMP listserv, it asked questions such as: Is there a typical career path? Does previous or continuing work in other library units benefit a distance education librarian? What are the most important qualifications for a distance education librarian? Profiles of the education and experience of distance …

The Professionalization Of Law Firm In-House Counsel, Elizabeth Chambliss

Faculty Publications

This Article examines the structural evolution of the "firm counsel" position from a volunteer, part-time position filled by an existing partner to a specialized, often full-time position increasingly filled by career in-house counsel. Based on focus groups and interviews with firm counsel, as well as participant observation at meetings and conferences aimed at firm counsel, I examine how the professionalization of the firm counsel position affects: (1) the definition of the firm as the client; (2) the authority of firm counsel with partners; and (3) firm counsels' professional commitments and attitudes about ethical rules.

I find that, from a regulatory …

Frank Meyer: The Fusionist As Federalist, Publius, Jonathan H. Adler

Faculty Publications

Frank S. Meyer played a central role in defining the post-war American conservative movement. Through his writings and political activities, he defined and defended an ideological "fusion" of traditional conservative principles and libertarian political beliefs. While concerned with maintenance of an objective moral order and the pursuit of virtue in the individual, Meyer argued that the freedom of the person is the central and primary end of political society. The American system of government, with its horizontal and vertical separations of power, came closer than any political system in history to providing the protection for individual liberties necessary for the …

Cardiovascular Disease And Associated Risk Factors In Cuba: Prospects For Prevention And Control, Richard S. Cooper, Pedro Orduñez, Marcos D.Iraola Ferrer, Jose Luis Bernal Munoz, Alfredo Espinosa-Brito

Faculty Publications

Objectives. An adequate description of the trends in cardiovascular disease (CVD) is not available for most of the developing world. Cuba provides an important exception, and we sought to use available data to offer insights into the changing patterns of CVD there. Methods. We reviewed Cuban public health statistics, surveys, and reports of health services. Results. CVD has been the leading cause of death since 1970. A 45% reduction in heart disease deaths was observed from 1970 to 2002; the decline in stroke was more limited. There are moderate prevalences of all major risk factors. Conclusions. The Cuban medical care …

Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller

Faculty Publications

High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such revisionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initiate a dialogue regarding how …

Reflections On Law Schools And The Idea Of The University, Thomas E. Baker

Faculty Publications

Thomas Baker is one of the founding faculty members of the Florida International University College of Law and this article is based on a speech delivered in October of 2002 during the university's Annual Faculty Convocation. It details the composition of both the entering classes and the law faculty and discusses the law school's mission to provide opportunities for minorities to attain representation in the legal profession that is proportionate to their representation in the population. It explores the role of law schools in higher education and notes the FIU College of Law's efforts to incorporate important developments in the …

Satisficing Negotiations, Wynn C. Stirling, James K. Archibald, Jared C. Hill, F. Ryan Johnson

Faculty Publications

Negotiation procedures that are founded on the doctrine of individual rationality, where each participant is committed to maximizing its own satisfaction, are limited in their ability to accommodate the interests of others, and therefore, may unnecessarily constrain the negotiability of a decision maker, particularly in cooperative environments. Satisficing game theory provides a distinct alternative to the hyperrationality of conventional rational choice by waiving reliance on the individual rationality premise and offering an approach to negotiatory decision making that is based on a well-defined mathematical notion of satisficing, or being good enough, that permits the modeling of complex interrelationships between agents. …

The Ethical Importance Of Being Human: God And Humanism In Levinas's Philosophy, Pat J. Gehrke

Faculty Publications

No abstract provided.

Is "Civil Religion" Helpful, Possible?, Kevin Lewis

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 …

Culture In Our Midst, Elaine M. Chiu

Faculty Publications

Culture, like race, class, gender, sexual orientation and wealth is one of many ways in which the law is not neutral. Indeed, culture is a source of law. Yet, as traditional legal positivists have taught us, the law or legal doctrine can prove to be more powerful than culture, often outlasting it. The “mirror image” theory states that the laws of a particular locale reflect the culture of that locale. The law merely serves as enforcement of the common decency, propriety and morality of that culture. Not only is this understanding appealingly simple, it is often invoked by judges and …

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 …