Digital Commons Network^™

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

Faculty Publications

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

Contract Reconceived, Peter A. Alces

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 …

Kaufman And Copper Respond To "Race,'Racism,And The Practice Of Epidemiology, Jay S. Kaufman, Richard S. Cooper

Faculty Publications

No abstract provided.

The Decision To Breastfeed In The United States: Does Race Matter?, Renata Forste Phd, Jessica Weiss Bs, Emily Lippincott Bs

Faculty Publications

Objectives. To estimate the effects of maternal and birth characteristics on the decision to breastfeed and to relate breastfeeding practices to racial differences in infant mortality.

Methods. Using a sample of women with young children from the National Survey of Family Growth (NSFG), Cycle V, 1995, the likelihood of breastfeeding was modeled using logistic regression techniques. In addition, single, live births from the NSFG 1988 and 1995 surveys were analyzed to model the effects of race and breastfeeding on infant mortality using Cox regression methods.

Results. After controlling for socioeconomic background and birth characteristics, race remained a strong predictor of …

Book Review: Legal Traditions Of The World: Sustainable Diversity In Law, S. I. Strong

Faculty Publications

Combining a historically accurate analysis with a distinctly contemporary sensibility, H. Patrick Glenn invokes not only jurisprudential concepts as he explains the different legal traditions, but religious and sociological ideas as well.

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 …

Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson

Faculty Publications

No abstract provided.

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 …

Anything To Act Crazy: Cajun Women And Mardi Gras Disguise, Carolyn E. Ware

Faculty Publications

As women play an increasingly prominent part in many Cajun Mardi Gras runs, they bring their own styles of roleplaying and masking to the celebration. A handful of creative women have taken the lead in commodifying the rural tradition, making and marketing Mardi Gras suits and masks on a large scale. This article looks at Cajun women's disguises as a way of understanding their larger influence on the festival.

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.

Borrowing Private Law In Latin America: Andrés Bello's Use Of The Code Napoléon In Drafting The Chilean Civil Code, M C. Mirow

Faculty Publications

This article discusses Bello's sources and methods in light of Alan Watson's theory of legal transplants. It provides examples from Bello's drafting of provisions on inheritance law in the Chilean Civil Code and specifically addresses the influence of the Code Napoleon.

Men Kissing, Lisa M. Tillmann Ph.D.

Faculty Publications

The author, a heterosexual woman, uses the theme of men kissing to show relational dynamics in her fieldwork community, a network of gay male friends. Political implications of public same-sex kissing also are discussed. At the time the events described in "Men Kissing" occurred (1997) and for six more years, it was not legal for persons of the same sex to be intimate in Florida and 13 other states.

Foreword, Matthew J. Mitten

Faculty Publications

No abstract provided.

Storytelling, Folktales And The Comic Book Format, Gail De Vos

Faculty Publications

The reading process in comics is an extension of text. In text alone the process of reading involves word-to-image conversion. Comics accelerate that by providing the image. When properly executed, it goes beyond conversion and speed and becomes a seamless whole. In every sense, this misnamed form of reading is entitled to be regarded as literature because the images are employed as a language. There is a recognizable relationship to the iconography and pictographs of oriental writing. When this language is employed as a conveyance of ideas and information, it separates itself from mindless visual entertainment. This makes comics a …

Bibliography On Secession And International Law, Mary D. Hood

Faculty Publications

The purpose of this bibliography is to bring together a variety of sources as a resource for the attendees of America's Regional Conference on Secession and International Law, sponsored by the International and Comparative Law Institute of Santa Clara University School of Law in cooperation with the Consortium on International Disputes Resolution (CIDIR). Issues discussed at this conference include:

• Secession in the history of international relations;
• Right of secession in comparative constitutional law;
• Secession in present international law:
• Rules and principles of international law with regard to secession;
• Self-determination and secession;
• Minorities, "peoples" and the right to self-determination at the …

Behavioral Inhibition, Social Withdrawal, And Parenting, Kim B. Burgess, Kenneth H. Rubin, Charissa S. L. Cheah, Larry J. Nelson

Faculty Publications

The study of children's social and emotional development requires that attention be paid to such factors as dispositional/biological factors (e.g., temperament), familial interactions and relationships, social contexts (e.g., school, neighborhood), and culture. For example, Hinde (1995) has advanced the notion that development be considered from a multi-level perspective beginning with individual characteristics and progressing the interaction, relationship, and group levels of analysis and conjecture. At the level of the individual child, developmental scientists have studies such constructs as temperament that might lead to problematic social or behavioral outcomes. One such interpersonal characteristic is that of "difficult" temperament – a phenomenon …

All That Glitters Is Not Gold: Bad Forgiveness In Counseling And Preaching, John M. Berecz

Faculty Publications

A 3 R's of Forgiveness model is presented in which forgiveness is seen as a complex therapeutic process involving both situational and personal variables. Forgivers are seen to utilize the cognitive processes of dialectical reasoning and reframing, modulated by the emotional experiences of empathy, guilt, and shame. Personality style and self-esteem significantly influence the process as well. Distinctions are maintained among various kinds of forgiveness. Divine forgiveness, seen as a partial component of a spiritual encounter with one's God, may be a valid experience for people of faith, but is not something that psychologists are equipped to experimentally analyze. Interpersonal …

Religious Fundamentalism And Gender Differences, Herbert W. Helm, John M. Berecz, Emily A. Nelson

Faculty Publications

The role of religious fundamentalism and its relationship to shame and guilt was evaluated in 107 students who attend a church-sponsored university. A number of personality measures were given and gender differences were analyzed. The role of externalization was similar for males in this sample to that of earlier studies. However, it was found that females showed positive correlations between externalization and both shame and guilt. For females, more fundamentalistic religious training may help to contribute to an external orientation at the expense of identifying with a personal religion, and appropriate guilt. © 2001 Human Sciences Press, Inc.

Rethinking The Debates Over Health Care Financing: Evidence From The Bankruptcy Courts, Melissa B. Jacoby, Teresa A. Sullivan, Elizabeth Warren

Faculty Publications

No abstract provided.

Gender Differences In Sexual Behaviors And Factors Associated With Nonuse Of Condoms Among Homeless And Runaway Youths, Duncan A. Mackeller, Linda A. Valleroy, John P. Hoffmann, Donna Glebatis, Marlene Lalota, William Mcfarland, Johnny Westerholm, Robert S. Janssen

Faculty Publications

Few studies have examined gender-specific factors associated with the nonuse of condoms among homeless and runaway youths (HRYs)–a population at high risk for HIV infection. In this article, we evaluate these factors and explore gender differences in background experiences, psychosocial functioning, and risk behaviors among HRYs from four U.S. metropolitan areas. Of 879 sexually active HRYs sampled, approximately 70% reported unprotected sexual intercourse during a 6-month period, and nearly a quarter reported never using condoms in the same period. Among males and females, having only one sex partner in the previous 6 months had the strongest association with nonuse of …

Emotion And Group Cohesion In Productive Exchange, Edward J. Lawler, Shane R. Thye, Jeongkoo Yoon

Faculty Publications

This study refines and experimentally tests a theory of relational cohesion that explains how and when actors become committed to one another in the context of multiactor exchange. The theory asserts that frequent social exchange results in (1) positive emotions that solidify and strengthen the person-to-group bond and (2) uncertainty reduction that renders the focal group more salient in relation to others. These two mechanisms produce a sense of psychological group formation and ultimately increase observable acts of commitment. In a “productive exchange” setting, three actors negotiate a joint venture that requires the assent of all members. The exchanges featured …

The Return Of The Congregation: Missional Warrants, Patrick R. Keifert

Faculty Publications

The new era of mission in North America warrants the return of the congregation as the primal location of the study of theology at every level of theological education, including schools of theology.

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.

Differentiating The Free Exercise And Establishment Clauses, Carl H. Esbeck

Faculty Publications

The purpose of the Establishment Clause is not to safeguard individual religious rights. That is the role of the Free Exercise Clause, indeed its singular role. The purpose of the Establishment Clause, rather, is as a structural restraint on governmental power. Because of its structural character, the task of the Establishment Clause is to limit government from legislating or otherwise acting on any matter "respecting an establishment of religion." The powers that fall within the scope of the foregoing clause (denied to government, hence within the sole province of religion) and the powers outside this clause (hence, authority vested in …

The Cover Design, Thomas D. Walker

Faculty Publications

No abstract provided.

Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Ritual And The Rhetoric Of Repetition In Angela's Ashes, Beverly Matiko

Faculty Publications

No abstract provided.

Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii

Faculty Publications

To understand Fear of Judging and the debate over the Federal Sentencing Guidelines requires some familiarity with the sentencing reform movement that led to the adoption of the Federal Sentencing Guidelines in 1987, as well as at least a rudimentary grasp of the structure of the Guidelines themselves. For those readers who require an introduction to both subjects, the next section of this Article attempts to provide one. Those already familiar with the Guidelines and their history can skip to Section III, where the discussion of Fear of Judging begins in earnest.

Getting The Faith: Why Business Lawyers And Executives Believe In Mediation, John M. Lande

Faculty Publications

Do you believe in mediation? That may seem like an odd question. Normally one thinks of ‘believing in‘ (or having faith in) things like magic, God, or the market. These are typically things that are beyond verifiable human knowledge (such as magic and God) and/or deeply held values (such as whether the market is a better mechanism than government for managing the flow of goods and services). At first blush, one might not think that mediation would fall into either category. There have been numerous empirical studies about many different aspects of mediation, so one can confidently say, for example, …