Digital Commons Network^™

The Refugee Jurist And American Law Schools, 1933-1941, Kyle Graham

Faculty Publications

This paper documents an important episode in the development of the “modern” American law school. Starting in 1933, law schools were invited to “host” or permanently welcome onto their faculties European jurists displaced by the German National Socialist government. At first, law schools sensed an opportunity to affiliate themselves with some of the leading lights of German “scientism.” Over time, however, these same institutions concluded that younger émigré scholars were more capable than their older counterparts were of embracing “American” practices of law teaching and scholarship. This article, drawing upon various archival sources, traces this transition, its causes, and its …

Interaction Of Physical And Mental Work, Sukhvinder Singh, Fereydoun Aghazadeh, Thomas G. Ray

Faculty Publications

The objective of the research was to determine the effect of mental load on the physical capacity of an individual. An experiment involving 9 combinations of lifting tasks, 1 lowering task, and 3 treadmill tasks was conducted. Heart rate was measured and maximum acceptable weight of lift was determined using the psychophysical method. A simple multiplication task was used as the mental load. The output variables were determined with and without the mental task. The results indicate that the individual’s physical capacity decreased with the mental task while lifting from floor to knuckle and shoulder to reach lifting heights. © …

Wielding Ockham’S Knitting Needles, Neil Fulton

Faculty Publications

No abstract provided.

Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes’ Applicability To Health Insurance, Sharona Hoffman

Faculty Publications

Traditionally, health insurers have enjoyed the freedom to determine their own terms of coverage, to decide to what extent, if any, patients should be reimbursed for different kinds of treatment, and to establish premium prices. Health insurers typically deny coverage for speech therapy, eye glasses, hearing aids, most foot care, and treatment for infertility. Many insurance providers also exclude or severely limit coverage for mental health, dental care, AIDS, diabetes mellitus, morbid obesity, epilepsy, and alcoholism or drug abuse. Therefore, while some Americans enjoy full coverage for all their health needs, others who have insurance and suffer from serious or …

Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal

Faculty Publications

My comments as part of this panel focus on the attitude of proponents of multi-disciplinary practice toward conflict of interest. Before turning to that topic, I would like to offer a general observation about the debate on multi-disciplinary practice as well as a suggestion for improving the quality of that debate.

Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover

Faculty Publications

This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …

Reparations And The Colonial Dilemma: The Insurmountable Hurdles And Yet Transformative Benefits, Ediberto Román

Faculty Publications

The Seventh Annual Latina and Latino Critical Race Theory ("LatCrit") Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the inhabitants of United States' colonial territories. Specifically, the panel was titled "Reparations, Redress, and Remedies: Undoing the Legacy of Colonialism and Imperialism." Members of the academy as well as a representative of Puerto Rico's Independence Party participated in a lively discussion and debate. Although the articles resulting from this panel …

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Faculty Publications

Once, they say, freedom of contract reigned in American law. Parties could make agreements on a wide variety of subjects and choose the terms they wished. Courts would refrain from questioning the substance of bargains and would ensure only that parties had observed the proper formalities. In interpretation, objectivity was paramount. Courts would seek to ascertain, not what the parties had intended, but what a reasonable observer would understand the parties' words to mean. Contract law was a series of abstractions informed by individual autonomy and judicial deference.

This world, a classical paradise of doctrines with sharp corners, began to …

The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.

Perceived Internal Depth In Rotating And Translating Objects, M. L. Braunstein, C. W. Sauer, Cary S. Feria, G. J. Andersen

Faculty Publications

Previous research has indicated that observers use differences between velocities and ratios of velocities to judge the depth within a moving object, although depth cannot in general be determined from these quantities. In four experiments we examined the relative effects of velocity difference and velocity ratio on judged depth within a transparent object that was rotating about a vertical axis and translating horizontally, examined the effects of the velocity difference for pure rotations and pure translations, and examined the effect of the velocity difference for objects that varied in simulated internal depth. Both the velocity difference and the velocity ratio …

The Many Uses Of Digitized Oral History Collections: Implications For Design, Dagobert Soergel, Douglas W. Oard, Samuel Gustman, Lydia Fraser, Jinmook Kim, Joan Meyer, Elizabeth Proffen, Theresa Sartori

Faculty Publications

Oral history - and spoken word collections generally - are assuming increasing importance in digital libraries as the storage, transmission and reproduction infrastructure improves. This paper describes three synergistic approaches to user needs analysis, explains how they are being applied to guide the design of systems to provide access oral history collections (using a s test bed the Shoah Foundations collection of over 50,000 videotaped oral history interviews), presents preliminary results from so -called “discount requirements analysis” and an analysis of “early access” requests, and draws some design implications. The results show a wide variety of users and uses of …

Philosophizing With Teenagers, Susan Verducci

Faculty Publications

Part of a special section on connecting with adolescents. Although few adolescents are ever formally exposed to philosophy at middle or high school, almost all are philosophers in the sense that they ask and seek answers to questions that are fundamentally philosophical. Furthermore, studying philosophy can be quite useful for adolescents as it requires that they practice developing clear and coherent reasons for believing or doing something, provides the tools with which they can follow the logic of any ideological stance, and provides models of alternative answers and a way of examining how the historical period in which one lives …

What Would Buffy Do? The Use Of Popular Culture Examples In Undergraduate Library Instruction., Jerilyn Marshall

Faculty Publications

This paper presents results of a survey that gathered information on the use of popular culture examples in college library instruction sessions; including the types of popular culture materials currently being used as examples; the types of courses in which they are used; the librarians' purposes in using the examples; and the librarians' impressions of whether or not the examples had an effect on the success of the session. A call for participation in the survey was distributed through two online discussion lists; BI-L and LIBREF-L during December 2001. Librarians working at the University of Northern Iowa were also invited …

Factors For Effective Learning Groups In Face-To-Face And Virtual Environments, Charles R. Graham

Faculty Publications

Group work has been a powerful instructional method used in face-to-face learning environments. To date, group work has not reached the same prominence in distance learning environments where there is a strong emphasis on independent or individualistic learning. This may be due in part to the perceived difficulty of engaging students in working together at a distance, as well as a general lack of knowledge about the factors that contribute to effective virtual group work. This paper reviews the literature related to creating effective learning groups in face-to-face and virtual environments. Research from the following four areas was used: cooperative …

The Limits Of Secularism: Public Religious Expression In Moments Of National Crisis And Tragedy, William P. Marshall

Faculty Publications

No abstract provided.

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Faculty Publications

No abstract provided.

Comparisons Between Enron And Other Types Of Corporate Misconduct: Compliance With Law And Ethical Decision Making As The Best Form Of Public Relations, Cheryl L. Wade

Faculty Publications

(Excerpt)

One of the most important lessons that Enron offers is that sometimes managers lie and boards fail to do their jobs. Enron’s most valuable lessons relate to corporate governance, financial disclosure, accounting practices, and the management of pension funds. One of the most illuminating lessons that Enron offers, however, may be found in the reaction of jurists, legal scholars, the media, corporate professionals, elected officials, and the investing public to the Enron collapse. The general sense of public outrage is as large as the huge financial loss suffered by investors and employees.

There is a lesson to be derived …

Please Forgive Me: Transgressors’ Emotions And Physiology During Imagery Of Seeking Forgiveness And Victim Responses, Charlotte Vanoyen-Witvliet, Thomas Ludwig, David J. Bauer

Faculty Publications

We assessed transgressors’ subjective emotions and physiological responses in a within-subjects imagery study involving 20 male and 20 female participants. Two imagery conditions focused on the transgressor’s actions: participants 1) ruminated about a real-life transgression and 2) imagined seeking forgiveness from the victim. Three imagery conditions focused on the victim’s possible responses: participants imagined their victims responding with 1) a grudge, 2) genuine forgiveness, and 3) reconciliation. Compared to ruminations about one’s transgression or an unforgiving response from the victim, imagery of forgiveness-seeking and merciful responses from victims (forgiveness and reconciliation) prompted improvements in basic emotions (e.g., sadness, anger) and …

Book Review Of Mental Disability In Victorian England: The Earlswood Asylum 1847-1901, Michael Ashley Stein

Faculty Publications

No abstract provided.

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer

Faculty Publications

Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …

Manipulation Of Prenatal Hormones And Dietary Phytoestrogens During Adulthood Alter The Sexually Dimorphic Expression Of Visual Spatial Memory, Edwin D. Lephart, Trent D. Lund

Faculty Publications

In learning and memory tasks, requiring visual spatial memory (VSM), males exhibit higher performance levels compared to females (a difference attributed to sex steroid hormonal influences). Based upon the results from our companion investigation, this study examined the influence of prenatal sex steroid hormone manipulations on VSM in adulthood, as assessed in the radial arm maze. Additionally, the influence of dietary soy phytoestrogens (i.e., the presence of high or low estrogen-like compounds present in the animal's diet) on VSM was examined in combination with the prenatal hormonal manipulations. Results: Radial arm maze performance on a phytoestrogen-rich diet: 1) females treated …

Visual Spatial Memory Is Enhanced In Female Rats (But Inhibited In Males) By Dietary Soy Phytoestrogens, Edwin D. Lephart, Trent D. Lund, Timothy W. West, Lilyan Y. Tian, Lihong H. Bu, Daniel L. Simmons, Kenneth Setchell, Herman Adlercreutz

Faculty Publications

In learning and memory tasks, requiring visual spatial memory (VSM), males exhibit superior performance to females (a difference attributed to the hormonal influence of estrogen). This study examined the influence of phytoestrogens (estrogen-like plant compounds) on VSM, utilizing radial arm-maze methods to examine varying aspects of memory. Additionally, brain phytoestrogen, calbindin (CALB), and cyclooxygenase-2 (COX-2) levels were determined. Results: Female rats receiving lifelong exposure to a high-phytoestrogen containing diet (Phyto-600) acquired the maze faster than females fed a phytoestrogen-free diet (Phyto-free); in males the opposite diet effect was identified. In a separate experiment, at 80 days-of-age, animals fed the Phyto-600 …

Powwows And Identity On The Piedmont And Coastal Plains Of North Carolina, Chris J. Goertzen

Faculty Publications

No abstract provided.

Annotated Bibliography Of Research In The Teaching Of English, Deborah Brown, Judith Kalman, Macrina Gómez, Gert Rijlaarsdam, Anne D'Antonio Stinson, Melissa E. Whiting

Faculty Publications

Twice a year, in the May and November issues, RTE publishes a selected bibliography of recent research in literacy education, Most of the studies appeared during the six-month period preceding the compilation of the bibliography (January through June, 2001 for the present bibliography), but studies that appeared earlier are occasionally included. The listing is selective;; we make no attempt to include all research and research-related articles that appeared in the period tinder review Comments on the bibliography and suggestions about items for inclusion may be directed to the bibliography editors. We encourage you to send your suggestions to [email protected], [email protected], …

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.

Tort Recovery For Loss Of A Chance, David A. Fischer

Faculty Publications

Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic causation” that only applies to medical malpractice misdiagnosis cases. The theory is that if a physician negligently fails to diagnose a curable disease, and the patient is harmed by the disease, the physician should be liable for causing the “loss of a chance” of a cure. We shall see that if the chance of a cure is less than 50 percent, the plaintiff cannot prove by a preponderance of evidence that the negligence caused the harm, and would recover no damages under …

Ambiguous Commitments And Uncertain Policies: The Truman Doctrine In Greece, 1947-1952, By Judith S. Jeffrey, Gerasimos Augustinos

Faculty Publications

Reviews the book Ambiguous Commitments and Uncertain Policies: The Truman Doctrine in Greece, 1947-1952, by Judith S. Jeffrey.

In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily Suski

Faculty Publications

In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …