Digital Commons Network^™

Foreword: The Role Of Justice In Building Peace, Michael P. Scharf

Faculty Publications

Forward to The War Crimes Research Symposium: The Role of Justice in Building Peace, Cleveland, Ohio 2003.

Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

Privilege, Gender, And The Fourteenth Amendment: Reclaiming Equal Protection Of The Laws, Stephanie M. Wildman

Faculty Publications

The United States Supreme Court's failure to understand the relationship between individuals and groups in its equal protection jurisprudence has resulted in jurisprudence that makes no sense. The Court's inability to recognize the forms of bias associated with group membership has hampered the realization of the equal protection ideal. Analyzing the Court's gender equality decisions, the author proposes another path in equal protection jurisprudence that would analyze systemic privilege, recognizing the structures of subordination and domination. Examining equal protection through a privilege lens would clarify the interrelation of individuals to groups, provide an avenue for addressing biases, and sidestep the …

"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman

Faculty Publications

No abstract provided.

Dying Children And Medical Research: Access To Clinical Trials As Benefit And Burden, Michelle Oberman, Joel Frader

Faculty Publications

No abstract provided.

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

Faculty Publications

No abstract provided.

Exploring The "Myth Of Parity" In State Taxation: State Court Decisions Interpreting Public Law 86-272, Bradley W. Joondeph

Faculty Publications

The general rule of federal question jurisdiction does not extend to cases in which plaintiffs challenge the lawfulness of a state or local tax. In recent years, the Supreme Court has expressed its belief that this lack of a federal forum should not concern taxpayers, as the federal and state judiciaries are equally competent in deciding questions of federal law. Many observers have disputed this parity thesis, labeling it a convenient but dangerous myth. In the field of state and local taxation specifically, lawyers have expressed their distrust of state courts' willingness to protect the federal rights of taxpayers, especially …

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

A Decade Of Daubert, David G. Owen

Faculty Publications

No abstract provided.

Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller

Faculty Publications

This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.

Raising (And Control), William D. Davies, Stanley William Dubinsky

Faculty Publications

No abstract provided.

Hatch-Waxman Reform And Accelerated Market Entry Of Generic Drugs: Is Faster Necessarily Better?, Sarah Kammer

Faculty Publications

Recently there has been a considerable amount of pressure to accelerate consumer access to generic drugs, which are significantly less expensive than their brand-name counterparts. One way to bring generic drugs on to the market sooner is through revision of the existing law relating to pharmaceutical patents. This iBrief describes recent regulatory changes to the Drug Price Competition and Patent Term Restoration Act (the Hatch-Waxman Act), which governs the patenting process for new drug products, as well as current legislative efforts to speed generic access through Hatch-Waxman reform. This iBrief also assesses whether these changes will be beneficial to consumers …

Being And Acting Rational, Michael N. Huhns

Faculty Publications

Rationality alone is insufficient to specify agent design. Using economic theory, we can program agents to behave in ways that maximize their utility while responding to environmental changes. However, economic models for agents, although general in principle, are typically limited in practice because the value functions that are tractable essentially reduce an agent to acting selfishly. Building a stable social system from a collection of agents motivated by self-serving interests is difficult. Finally, understanding rationality and knowledge requires interdisciplinary results from artificial intelligence, distributed.

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …

Translating Visions Of Rationality Into Specific Legal Reforms, Joelle A. Moreno

Faculty Publications

No abstract provided.

Experimental Economic Approaches To International Marketing Research, Nancy R. Buchan

Faculty Publications

No abstract provided.

Did The Private Securities Litigation Reform Act Work?, Michael A. Perino

Faculty Publications

In 1995 Congress passed the Private Securities Litigation Reform Act (the PSLRA or the Act) to address abuses in securities fraud class actions. In the wake of Enron, WorldCom, Adelphia, and other high profile securities frauds, critics suggest that the law made it too easy to escape liability for securities fraud and thus created a climate in which frauds are more likely to occur. Others claim that the Act has largely failed because it did little to deter plaintiffs' lawyers from filing nonmeritorious cases. This article employs a database of the 1449 class actions filed from 1996 through 2001 to …

Mr. District Attorney: The Prosecutor During The Golden Age Of Radio, David Ray Papke

Faculty Publications

No abstract provided.

The Supreme Court Sets The Standard: Drug Testing At The Interscholastic Level, Paul M. Anderson

Faculty Publications

No abstract provided.

Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry I. Palmer

Faculty Publications

No abstract provided.

Hans Kelsen And The Logic Of Legal Systems, Michael S. Green

Faculty Publications

No abstract provided.

Judging Distance Across Texture Discontinuities, Cary S. Feria, M. L. Braunstein, G. J. Andersen

Faculty Publications

Sinai et al (1998 Nature 395 497 - 500) showed that less distance is perceived along a ground surface that spans two differently textured regions than along a surface that is uniformly textured. We examined the effect of texture continuity on judged distance using computer-generated displays of simulated surfaces in five experiments. Discontinuities were produced by using different textures, the same texture reversed in contrast, or the same texture shifted horizontally. The simulated surface was either a ground plane or a frontoparallel plane. For all textures and both orientations, less distance was judged in the discontinuous conditions than in continuous …

Searching Large Collections Of Recorded Speech: A Preliminary Study, Jinmook Kim, Douglas W. Oard, Dagobert Soergel

Faculty Publications

This paper reports on an exploratory study of the criteria searchers use when judging the relevance of recorded speech from radio programs and the attributes of a recording on which those judgments are based. Five volunteers each performed three searches using two systems (NPR Online and SpeechBot) for three questions and judged the relevance of the results. Data were collected through observation and screen capture, think aloud, and interviews; coded; and analyzed by looking for patterns. Criteria used as a basis for selection were found to be similar to those observed in relevance studies with printed materials, but the attributes …

International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Faculty Publications

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

Describing Support: A Qualitative Study Of Couples Living With Diabetes, Paula M. Trief, Jonathan G. Sandberg, Roger P. Greenberg, Keri Graff, Nina Castronova, Miyoung Yoon, Ruth S. Weinstock

Faculty Publications

Family and marital support have been shown to be associated with better treatment adherence, illness adaptation, and blood sugar control in studies of individuals with diabetes. However, the behaviors and attitudes that describe appropriate support have not been defined. This is a qualitative study which asked couples who live with diabetes to define support. Seventy-four individuals (patients and spouses) participated in semi-structured interviews. Transcripts of these interviews were rigorously coded and analyzed by a team of researchers. A sampling of quotes is provided. Helpful behavior was particularly evident in the areas of dietary control and regimen specific support, general relational …

Parenting Skills And Social-Communicative Competence In Childhood, Craig H. Hart, Lloyd D. Newell, Susanne Frost Olsen

Faculty Publications

The ways that children implement social and communication skills in peer-group interaction provide the foundation for successful later life adjustment (Rubin, Bukowski, & Parker, 1998). Research findings suggest that a host of variables are involved (Hart, Olsen, Robinson, & Mandleco, 1997). These include family processes involving marital and sibling relationships, parenting (e.g., Dunn, 2002; Hart, Nelson, et al., 2000; Stafford & Bayer, 1993), biologically based genetic and temperament factors (e.g., Pike, 2002; Plomin & Rutter, 1998; Sanson, Hemphill, & Smart, 2002), and extrafamilial influences, including the peer group, schools, media, and culture (e.g., Hart, Yang, Nelson, Jin, & Nelson, 1998; …

Blended Learning Environments Definitions And Directions, Russell T. Osguthorpe, Charles R. Graham

Faculty Publications

During the past decade the availability of computer technologies, such as the Internet, have greatly expanded the educational options available to learners and instructors alike. Innovative uses of technology have begun to blur the distinctions between traditional face-to-face and more recent distance learning environments. As the learning environments have been combined, many have recognized the inherent strengths and weaknesses associated with both.

Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller

Faculty Publications

No abstract provided.