Digital Commons Network^™

Marketplace Of Memory: What The Brain Fitness Technology Industry Says About Us And How We Can Do Better, Peter J. Whitehouse

Faculty Scholarship

In the therapeutic void created by over 20 failed Alzheimer's disease drugs during the past decade, a new marketplace of "brain fitness" technology products has emerged. Ranging from video games and computer software to mobile phone apps and hand-held devices, these commercial products promise to maintain and enhance the memory, concentration, visual and spatial skills, verbal recall, and executive functions of individual users. It is instructive to view these products as sociocultural objects deeply imbued with the values and ideologies of our age; consequently, this article offers a critique of the brain fitness technology marketplace while identifying limitations in the …

An Orderly Liquidation Authority Is Not The Solution To Too-Big-To-Fail, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Covenants For The Sword, Alice Ristroph

Faculty Scholarship

No abstract provided.

Racing Towards Colorblindness: Stereotype Threat And The Myth Of Meritocracy, Jonathan Feingold

Faculty Scholarship

Education law and policy debates often focus on whether college and graduate school admissions offices should take race into account. Those who advocate for a strictly merits-based regime emphasize the importance of colorblindness. The call for colorblind admissions relies on the assumption that our current admissions criteria are fair measures, which accurately capture talent and ability. Recent social science research into standardized testing suggests that this is not the case.

Part I of this Article explores the psychological phenomenon of stereotype threat. Stereotype threat has been shown to detrimentally impact the performance of individuals from negatively stereotyped groups when performing …

Aggression And Welfare In A Common Aquarium Fish, The Midas Cichlid, Ronald G. Oldfield

Faculty Scholarship

Many species of fishes are aggressive when placed in small aquaria. Aggression can negatively affect the welfare of those individuals toward whom it is directed. Animals may behave aggressively in order to defend resources such as food, shelter, mates, and offspring. The decision to defend depends on the distribution of resources and on ecological factors such as number of competitors, amount of available space, and amount of habitat complexity. This study tested the effects of these factors on aggression in a common aquarium fish, the Midas cichlid (Amphilophus citrinellus). The study found that time spent behaving aggressively was not associated …

Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara Bridges

Faculty Scholarship

In Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade, with a new test for determining the constitutionality of abortion regulations — the “undue burden standard.” The Court’s 2007 decision in Gonzales v. Carhart was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions. A majority of the Court held that the regulation was constitutionally permissible, finding …

Intermediaries And Hate Speech: Fostering Digital Citizenship For Our Information Age, Danielle K. Citron, Helen Norton

Faculty Scholarship

No longer confined to isolated corners of the web, cyber hate now enjoys a major presence on popular social media sites. The Facebook group “Kill a Jew Day,” for instance, acquired thousands of friends within days of its formation, while YouTube has hosted videos with names like “How to Kill Beaners,” “Execute the Gays,” and “Murder Muslim Scum.” The mainstreaming of cyber hate has the troubling potential to shape public expectations of online discourse.

Internet intermediaries have the freedom and influence to seize this defining moment in cyber hate’s history. We believe that a thoughtful and nuanced intermediary-based approach to …

Examining Mediating Role Of Attitudinal Loyalty And Nonlinear Effects In Satisfaction-Behavioral Intentions Relationship, Rakesh Kumar Niraj

Faculty Scholarship

This paper examines the mediating role of attitudinal loyalty in the relationship between satisfaction and customer behavioral intentions such as willingness to pay more and internal and external complaining responses. It also examines the nonlinear effects in the relationship between satisfaction, attitudinal loyalty and behavioral intentions.

Fiduciary Law In The Twenty-First Century, Tamar Frankel

Faculty Scholarship

How does one embrace the riches of the knowledge presented in this Conference? This Conference’s participants have presented the fiduciary relationship from so many points of view: interdisciplinary perspectives, current issues, and particular fascinating narrower topics. Does this event suggest that critics are correct, and that fiduciary law as a category is incoherent?1 Arguably, fiduciary relationships and the rules that govern them are too varied. Yet I maintain that the variety presented in this Conference leads to the opposite conclusion, and that the papers in this Conference provide support for my claim: that fiduciary law should be viewed and understood …

Toward A Conceptual Model Linking Community Violence Exposure To Hiv-Related Risk Behaviors Among Adolescents: Directions For Research, Dexter R. Voisin

Faculty Scholarship

Purpose: To present a conceptual framework which accounts for the relationship between community violence exposures (CVEs) and youth HIV risk behaviors. Methods: This article provides an overview of existing research on the links between CVE and HIV risk for youth and offers a conceptual framework for clarifying how CVE might contribute to HIV sexual risk behaviors. Results: Increasing empirical findings substantiate that the links between CVE and HIV risk behaviors among youth are mediated by psychological problem behaviors, low school success rates, and negative peer influences. Conclusions: Researchers have identified the behaviors that place teens at risk for becoming infected …

Angels In The Home: Adelicia Acklen's Sculpture Collection At Belmont Mansion, Lauren K. Lessing

Faculty Scholarship

Following the Civil War, the wealthy plantation owner Adelicia Acklen redecorated her villa, Belmont, near Nashville, Tennessee, with white marble ideal sculptures by the American sculptors Randolph Rogers, Chauncey Ives, Joseph Mozier, and William Rinehart. During the war, Acklen had compromised her reputation as a genteel Southern lady by bargaining with Union officers in order to sell her cotton at exorbitant wartime rates. By purchasing and displaying a collection of statues that embodied the ideal of true womanhood, Acklen hoped to publicly redomesticate both her home and herself and to express her affinity for the ideology of the Lost Cause.

Reflections On Rothko And Writing: A Response To Pierre Schlag's Lecture On The State Of Legal Scholarship, Olympia Duhart

Faculty Scholarship

No abstract provided.

Justifying Board Diversity, James A. Fanto, Lawrence M. Solan, John M. Darley

Faculty Scholarship

No abstract provided.

Implicit Bias And Immigration Courts, Fatma E. Marouf

Faculty Scholarship

This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit "old-fashioned" prejudice to more subtle forms of "modem" and "aversive" prejudice, the Article argues that the specific conditions under which immigration judges decide cases render them especially prone to the influence of implicit bias. Specifically, it examines how factors such as immigration judges' lack of independence, limited opportunity for deliberate thinking, low motivation, and the low risk of judicial review all allow implicit bias to drive decision-making. The Article then recommends certain reforms, both simple and complex, …

The Promise And Perils Of New Regionalist Approaches To Sustainable Communities, Lisa T. Alexander

Faculty Scholarship

This Article argues that "new regionalism" is a form of "new governance." New regionalist approaches include collaborative efforts between cities and outlying suburbs to resolve metropolitan challenges such as affordable housing creation, transportation and sprawl. Such practices focus on regions as key sites for the resolution of public problems that transcend traditional local government and state boundaries. New regionalist praxis responds to local government law's failure to advance equity and sustainability throughout metropolitan regions. New regionalism promotes voluntary agreements and interlocal collaborations, rather than formal government or mandated regulation to resolve regional problems. New regionalism, then, is a form of …

Soldier Suicides And Outcrit Jurisprudence: An Anti-Subordination Analysis, Olympia Duhart

Faculty Scholarship

No abstract provided.

Governance And Biosecurity: Strengthening Security And Oversight Of The Nation's Biological Agent Laboratories, Michael Greenberger, Talley Kovacs, Marita Mike

Faculty Scholarship

Since the advent of the Anthrax attacks in the fall of 2001, the United States has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than bioterrorist acts themselves. Indeed, the …

Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin

Faculty Scholarship

Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …

Beyond Experience: Getting Retributive Justice Right, Dan Markel, Chad Flanders, David C. Gray

Faculty Scholarship

How central should hedonic adaptation be to the establishment of sentencing policy? In earlier work, Professors Bronsteen, Buccafusco, and Masur (BBM) drew some normative significance from the psychological studies of adaptability for punishment policy. In particular, they argued that retributivists and utilitarians alike are obliged on pain of inconsistency to take account of the fact that most prisoners, most of the time, adapt to imprisonment in fairly short order, and therefore suffer much less than most of us would expect. They also argued that ex-prisoners don't adapt well upon re-entry to society and that social planners should consider their post-release …

Can Reading Questions Foster Active Learning? A Study Of Six College Courses, Kathryn M. Plank, Tomas M. Koontz

Faculty Scholarship

Many instructors strive to encourage student reading outside of class and active learning in class. One pedagogical tool, structured reading questions, can help do both. Using examples from question sets across six courses, the authors illustrate how reading questions can help students achieve the six active-learning principles described by Svinicki (1991). Qualitative and quantitative assessment data indicate that students often complete readings before class, that they view the questions as very helpful in their learning, and that they use the questions primarily to help understand what information is important and connect it to prior knowledge. Some differences in use are …

Identifying Sperm And Egg Donors: Opening Pandora’S Box, Mary Kate Kearney

Faculty Scholarship

No abstract provided.

Thurgood Marshall: The Writer, Anna P. Hemingway, Starla J. Williams, Jennifer M. Lear, Ann E. Fruth

Faculty Scholarship

No abstract provided.

Legal Writing In The Time Of Recession: Developing Cognitive Strategies For Complex Legal Tasks, Elizabeth Fajans

Faculty Scholarship

No abstract provided.

The Experiential Future Of The Law, Adam Kolber

Faculty Scholarship

No abstract provided.

"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena Langan

Faculty Scholarship

Elena Langan, "We Can Work it Out": Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes, 30 Review of Litigation 245 (2011). Divorce in modern day America is a product of legislative creation, designed as an adversarial process focused on rights and responsibilities.

Annual Survey Of Periodical Literature, Nancy Ver Steegh

Faculty Scholarship

The Annual Review of Periodical Literature provides a sampling of law review articles published between November 1, 2009, and October 31, 2010. The survey highlights the variety and depth of family law scholarship produced during the year and calls attention to currently debated "hot topics." Readers are encouraged to read articles of interest in their entirety because the summaries included in the survey are necessarily abbreviated.

Class, Classes, And Classic Race Baiting: What’S In A Definition?, Angela Onwuachi-Willig, Amber Fricke

Faculty Scholarship

Overall, in this Article, we briefly lay out each of our challenges to Sander's arguments in Class in American Legal Education. In Part I, we first address the very problems that Sander's article highlights about the difficulties of defining class and SES, problems that may make classbased affirmative action programs less feasible and effective than Sander suggests. In so doing, we identify what we consider to be defects in Sander's class/SES groupings. We also highlight the complexities around class and race that already exist within law student populations, answering in part the important questions about to whom black law students …

Cooperation’S Cost, Miriam H. Baer

Faculty Scholarship

This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants reduced sentences in exchange for their assistance in apprehending other criminals. On one hand, cooperation increases the likelihood that criminals will be detected and prosecuted successfully. This is the “Detection Effect” of cooperation, and it has long been cited as the policy’s primary justification.

On the other hand, cooperation also reduces the expected sanction for offenders who believe they can cooperate if caught. This is the Sanction Effect of cooperation, and it may grow substantially if the government signs up too …

Evaluation Of Academic Scientists’ Responses To Situations That Pose A Conflict Of Interest, Joanna K. Sax

Faculty Scholarship

The industry-academy relationship has many benefits, but it also has potential drawbacks, including potential conflicts of interest (e.g., when the profit motives of a private company unduly influence academic responsibilities). To date, policies intended to regulate or manage financial conflicts of interest appear to be unsatisfying and inadequate. The present study examined predictors of the responses of academic scientists and clinicians to hypothetical situations in which financial and other conflicts of interest may arise. Academic scientists and clinicians at five medical schools completed an anonymous survey that included vignettes that posed a potential conflict of interest. Participants indicated the likelihood …

The Church Abuse Scandal: Were Crimes Against Humanity Committed?, Dermot Groome

Faculty Scholarship

Increasingly shocking revelations about sexual abuse by members of Catholic religious congregations and diocesan priests have recently raised the question of whether such widespread abuses constitute crimes against humanity. This paper considers that question in the context of a report issued by the Ryan Commission, an independent quasi-judicial commission that spent 10 years conducting detailed investigations into childcare institutions operated by Catholic religious congregations in Ireland. The Ryan Commission’s findings with respect to both widespread physical and sexual abuse provide a factual basis upon which to consider whether crimes against humanity were in fact committed. Contrasting the intentionality of behind …