Digital Commons Network^™

Foreward To Sports Law As A Reflection Of Society's Laws And Values, Matthew J. Mitten

Faculty Publications

No abstract provided.

Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld

Faculty Publications

This Article examines McNamara's "confession" and the public response to it within the context of an American tradition of confession in law and literature. Part I traces that tradition to the criminal conversion narratives and gallows speeches of colonial New England. Puritan society had clear expectations of what it took to make a good confession, and the Article identifies these rules for confession. It also examines the functions of confession in that society and argues that these confessions had several social consequences, including easing the consciences of those implicated in the criminal's punishment; bolstering civil and religious authority; warning the …

Guidance Rules And Enforcement Rules: A Better View Of The Cathedral, Dale A. Nance

Faculty Publications

Contemporary economic analysis of law is a product of the confluence of standard microeconomics with a legal tradition heavily influenced by American Legal Realism. The effect of this merger has been an analysis of legal institutions from the perspective of the Holmesian "bad man," who sees predicted legal actions as merely various expected material costs or benefits to be taken into account. This might be illuminating for the purposes of an "outsider," such as a sociological behaviorist or perhaps even a legal advisor alerting her "bad man" client to the risks of adverse legal consequences. But it produces bizarre results …

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong

Faculty Publications

Section II of this Article studies in greater detail the religio-legal debate currently being waged in American courts and legislatures, including a brief discussion of the religio-legal history of the United States. Section II also describes how the United States resembles and differs from Ireland such that subsequent comparisons will be more accurate. Section III compares the two constitutions by analyzing the provisions and policies most influenced by religion. First, general principles of sovereignty and constitutional interpretation are reviewed to understand the general constitutional framework of each nation. Second, the manner in which personal rights are treated by each nation's …

How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman

Faculty Publications

Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.

The Effect Of Home Environment On Adolescent Substance Use And Depressive Symptoms, S. Susan Su, John P. Hoffmann, Dean R. Gerstein, Robert A. Johnson

Faculty Publications

We used data from the screening phase and first two waves of a panel study to compare the home environments of families with a substance-abusing parent, families with a depressed parent, and families in a comparison group. We diagnosed substance use disorder and affective disorder by administering the Structural Clinical Interview for the Diagnostic and Statistical Manual of Mental Disorders (third edition, revised) to each participating parent. The data suggest that families in which parents display a substance use disorder are very similar to those in which parents suffer from affective disorder, in terms of negative life events and lower …

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Faculty Publications

No abstract provided.

The Intellectual Property Renaissance In Cyberspace: Why Copyright Law Could Be Unimportant On The Internet, Eric Goldman

Faculty Publications

No abstract provided.

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins

Faculty Publications

No abstract provided.

The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades

Faculty Publications

No abstract provided.

The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas

Faculty Publications

No abstract provided.

Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese

Faculty Publications

The Chicago School of antitrust analysis has exerted a strong influence over the law of vertical restraints in the past two decades, leading the Supreme Court to abandon much of its traditional hostility toward such agreements. Chicago's success has provoked a vigorous response from Populists, who support the traditional approach. Chicago, Populists claim, has improperly relied upon neoclassical price theory to inform the normative and descriptive assumptions that drive its analysis of trade restraints generally and of vertical restraints in particular. This reliance is misplaced, Populists assert, because the real world departs from that portrayed by price-theoretic models and, at …

The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Fictions Of Latin American Law(Part I), Jorge L. Esquirol

Faculty Publications

No abstract provided.

The Japanese Civil Service And Economic Development: Catalysts Of Change Eds. Hyung-Ki Kim, Michio Muramatsu, And T. J. Pempel, Robert C. Angel

Faculty Publications

No abstract provided.

Early Agriculture In The Maya Lowlands, Mary D. Pohl, Kevin O. Pope, John G. Jones, John S. Jacob, Dolores R. Piperno, Susan D. Defrance, David L. Lentz, John A. Gifford, Marie E. Danforth, J. Kathryn Josserand

Faculty Publications

Wetland research in northern Belize provides the earliest evidence for development of agriculture in the Maya Lowlands. Pollen data confirm the introduction of maize and manioc before 3000 B.C. Dramatic deforestation, beginning ca. 2500 B.C. and intensifying in wetland environments ca. 1500-1300 B.C., marks an expansion of agriculture, which occurred in the context of a mixed foraging economy. By 1000 B.C. a rise in groundwater levels led farmers to construct drainage ditches coeval with the emergence of Maya complex society ca. 1000-400 B.C. Field manipulations often involved minor modifications of natural hummocks. Canal systems are not as extensive in northern …

Ancient Peoples And Landscapes, H. Edwin Jackson

Faculty Publications

No abstract provided.

A Home Of Her Own: (Writing) A Family Story Of Separation And Second Chances, Lisa M. Tillmann Ph.D.

Faculty Publications

On March 16, 1996, I interviewed my mother, Beth Tillmann, about her parents' divorce and her life as a foster child. From detailed notes taken during our phone conversation and from family stories told to me throughout my life, I constructed a narrative titled "A Home of Her Own." Its structure and tone mimic the way my mother speaks about the dissolution of her family of origin and her attachments to and separations from those who tried to help her rebuild a sense of home. After the story, I discuss what narrative representations of loss offer the writer, the participant, …

"The Rhythm Of Three Strands": Cultural Braiding In Dorris's A Yellow Raft In Blue Water, David Cowart

Faculty Publications

No abstract provided.

Theory, Science, And 'Micro-Macro' Bridges In Structural Social Psychology, Barry N. Markovsky

Faculty Publications

Social psychology stands to benefit from multilevel theories that link it to both lower and higher levels of analysis. Making the link, however, requires a level of theoretical rigor heretofore relatively uncommon in the social sciences. After refuting several common objections to this brand of theorizing, I offer a rationale and a set of criteria for multilevel theory construction.

Fostering A Culture Of Teaching, Linda Walsh

Faculty Publications

Teaching always occurs in some cultural context, which may be more or less supportive of teaching. Arrowsmith (1967, p. 58) observed:

"What matters then is the kind of context that we create for teaching and the largeness of the demands made upon the teacher ... At present the universities are as uncongenial to teaching as the Mojave Desert to a clutch of Druid priests. If you want to restore a Druid priesthood, you cannot do it by offering prizes for Druid-of- the-year. If you want Druids, you must grow forests. There is no other way of setting about it."

We …

The University As An Academy Of Scholars, Mark Grey

Faculty Publications

Goodman's conception of the academy. The concept of the university as an academy of scholars is one that reaches back to the medieval period. Goodman (1962) captures the essence of such an academy in the following seven characteristics: (1) teaching and learning are a personal relation, being necessary for both the student and the teacher; (2) to their students, teachers are veterans who have demonstrated the way of learning in the world and prove it can be done; (3) the guild, whether of students or masters, is the home and community of its members; (4) the academy is an international …

Defamation, Reputation, And The Myth Of Community, Lyrissa Lidsky

Faculty Publications

The complex interaction between defamation, reputation, and community values defines the tort of defamation. A defamatory communication tends to harm a plaintiff's reputation in the eyes of the plaintiff's community. Thus, to determine whether a given statement is defamatory, courts must first identify the plaintiff's community and its norms - an inquiry that presents both theoretical and doctrinal difficulties in a heterogeneous and pluralistic society. Current approaches to identifying the plaintiff's community are particularly inadequate in two common types of cases: (1) cases in which the plaintiff belongs to a subcommunity espousing different values than those prevailing generally, and (2) …

Strategic Agricultural Trade Policy Interdependence And The Exchange Rate: A Game Theoretic Analysis, P. Lynn Kennedy

Faculty Publications

Strategic Agricultural Trade Policy Interdependence is modeled using a game theoretic framework. The model distinguishes between the European Community, the United States and a politically passive rest-of-the-world. Particular emphasis is placed on the effect of the exchange rate on the equilibrium outcome of this game. Without compensatory payments to those with the highest political influence, the results suggest that only modest reform is possible. With compensation, liberalization occurs but free trade is not obtained. Simulations also indicate that the U.S. gains incentive to reduce protection given a depreciation of the dollar, while incentive to liberalize trade policies decreases as the …

Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman

Faculty Publications

No abstract provided.

Minor Rights And Wrongs, Michelle Oberman

Faculty Publications

No abstract provided.

The Crime Of Political Genocide: Repairing The Genocide Convention's Blind Spot, Beth Van Schaack

Faculty Publications

The Genocide Convention, drafted by the United Nations soon after the Nuremberg trials, represented a significant step toward the establishment of a regime of individual accountability for violations of international law. The Convention compels its signatories to prevent and punish certain enumerated acts committed with the intent to destroy, in whole or in part, a national, ethnic, religious, or racial group. Even though the Khmer Rouge era is widely considered a paradigmatic case of genocide, this article takes as its premise that much of the violence in Cambodia during the Khmer Rouge era (1975-78), in which almost a fifth of …

Empiricists And The Collapse Of The Theory-Practice Dichotomy In The Large Classroom: A Review Of Lopucki And Warren's Secured Credit: A Systems Approach, William J. Woodward Jr.

Faculty Publications

No abstract provided.