Digital Commons Network^™

The Administrative Origins Of Modern Civil Liberties Law, Jeremy K. Kessler

Faculty Scholarship

This Article offers a new explanation for the puzzling origin of modern civil liberties law. Legal scholars have long sought to explain how Progressive lawyers and intellectuals skeptical of individual rights and committed to a strong, activist state came to advocate for robust First Amendment protections after World War I. Most attempts to solve this puzzle focus on the executive branch's suppression of dissent during World War I and the Red Scare. Once Progressives realized that a powerful administrative state risked stifling debate and deliberation within civil society, the story goes, they turned to civil liberties law in order to …

Testing Pathways Linking Exposure To Community Violence And Sexual Behaviors Among African American Youth, Dexter R. Voisin

Faculty Scholarship

Exposure to community violence and HIV sexual risks are two major public health concerns among youth. This study tests various pathways linking exposure to community violence and sexual behaviors among African American adolescents. Using a sample of 563 (61 % females) African American youth attending high school we examined whether problematic psychological symptoms, low school engagement, and/or negative perceptions of peer norms about safer sex functioned as pathways linking exposure to community violence and sexual behaviors. Major findings indicated that, for boys, the relationship between exposure to community violence and sexual début and sexual risk behaviors were linked by aggression. …

Sunshine, Stakeholders, And Executive Pay: A Regression-Discontinuity Approach, Brian D. Galle, David I. Walker

Faculty Scholarship

We evaluate the effect of highly salient disclosure of private college and university president compensation on subsequent donations using a quasi-experimental research design. Using a differences-in-discontinuities approach to compare institutions that are highlighted in the Chronicle of Higher Education’s annual "top 10" list of most highly-compensated presidents against similar others, we find that appearing on a top 10 list is associated with reduced average donations of approximately 4.5 million dollars in the first full fiscal year following disclosure, despite greater fundraising efforts at "top 10" schools. We also find some evidence that top 10 appearances slow the growth of compensation, …

How Much Is That Lawsuit In The Window; Pricing Legal Claims, Maya Steinitz

Faculty Scholarship

This article poses the question: How should parties to litigation finance agreements – third party funding or contingency fees – deal with the inherent difficulty in pricing legal claims? It answers that a practical solution would be to use staged funding. Staged funding side-step the impossibility of accurately pricing litigation ex ante by allowing re-pricing and exit that are pegged to information disclosure. Done right, staging allows all parties to minimize the effects of uncertainty, better price their bargain, optimize the distribution of the proceeds of litigation between its different investors – far beyond practices common today. Staged funding also …

The Dynamic Sustainability Framework: Addressing The Paradox Of Sustainment Amid Ongoing Change, Kurt C. Stange

Faculty Scholarship

Background: Despite growth in implementation research, limited scientific attention has focused on understanding and improving sustainability of health interventions. Models of sustainability have been evolving to reflect challenges in the fit between intervention and context.Discussion: We examine the development of concepts of sustainability, and respond to two frequent assumptions -'voltage drop,' whereby interventions are expected to yield lower benefits as they move from efficacy to effectiveness to implementation and sustainability, and 'program drift,' whereby deviation from manualized protocols is assumed to decrease benefit. We posit that these assumptions limit opportunities to improve care, and instead argue for understanding the changing …

The Dangerous Law Of Biological Race, Khiara Bridges

Faculty Scholarship

The idea of biological race -- a conception of race that postulates that racial groups are distinct, genetically homogenous units -- has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals. Almost a century ago, the Court famously appeared to recognize the socially constructed nature of race. Moreover, the jurisprudence since then appears to reaffirm this disbelief: within law, race is understood to be a social construction, having no biological truth to it at all. Yet upon closer …

Brief Research Report: Sociodemographic Factors Associated With Hiv Status Among African American Women In Washington, Dc, Dexter R. Voisin

Faculty Scholarship

Introduction: African American women living in Washington, DC have one of the highest Human immunodeficiency virus (HIV) incidence rates in the US. However, this population has been understudied, especially as it relates to factors associated with HIV status. Methods: This cross-sectional study examined sociodemographic factors that were associated with having a negative or positive HIV status among a sample of 115 African American women between the ages of 24 and 44 years. We assessed such factors as age, education, sexual orientation, household income, sources of income, number of children, length of residency tenure in Washington, DC, and level of HIV-prevention …

Project Ngage: Network Supported Hiv Care Engagement For Younger Black Men Who Have Sex With Men And Transgender Persons, Dexter R. Voisin

Faculty Scholarship

Background: Young Black men who have sex with men and transgender persons (YBMSMT) aged 13-29 carry the nation's highest burden of new HIV infections. Studies indicate that YBMSMT have poor retention in care, which is associated with reduced medication adherence and increased virologic failure. Objective: Project nGage is a randomized controlled (RCT) trial evaluating the feasibility and preliminary efficacy of a brief, dyadic intervention designed to promote adherence to HIV primary care in safety-net clinics. Network visualization is used to identify and engage a support confidant (SC) from participants' social networks. A social work interventionist then meets with the SC …

Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam Irish, Charlotte Ku, Paul F. Diehl

Faculty Scholarship

International law (IL) and international relations (IR) have long been considered separate academic enterprises, with their own theoretical orientations, methodologies, and publishing outlets.

The net effect has been that the insights and research findings of one discipline have largely been unknown or ignored in the other. This has occurred despite the commonality of focusing on many of the same substantive interests, namely international cooperation in general, issues of war and peace, environmental regulation, and trade. This has led to numerous calls over the past two decades to bridge the international law and international relations divide. Yet one recent work claims …

Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne R. Barnes

Faculty Scholarship

There are many voices in American politics claiming that various candidates, laws and policies are necessitated by a “Christian” worldview. Many of these voices use explicit public rhetoric that their position is the one compelled by “Christian” principles. Although religious voices have been present in the United States since its founding, the volume and urgency of the voices seems to have increased dramatically in the last several decades, during the so-called “culture wars.” These voices famously come from the Christian Religious Right, advocating socially conservative laws on issues such as abortion and same-sex marriage. But there are also voices from …

Privacy, Antitrust, And Power, Frank Pasquale

Faculty Scholarship

No abstract provided.

Introduction: Wounds Of War: Meeting The Needs Of Active-Duty Military Personnel And Veterans With Post-Traumatic Stress Disorder, Olympia Duhart, Kathy L. Cerminara

Faculty Scholarship

No abstract provided.

Originalism Without Obligation, Gary S. Lawson

Faculty Scholarship

I am truly delighted that Boston University School of Law is hosting a conference on Abner Greene’s Against Obligation1 and Michael Seidman’s On Constitutional Disobedience. 2 Both books launch powerful and much-needed broadsides against the idea of a political obligation to obey the U.S. Constitution, and more generally (whether or not the authors embrace these implications) against the very idea of a political obligation to obey state authorities. I fully agree with both authors that the arguments normally made in favor of a duty of obedience to the Constitution, and by extension to state authorities of any kind, are remarkably …

A Room With Many Views: A Response To Essays On According To Our Hearts: Rhinelander V. Rhinelander And The Multiracial Family, Angela Onwuachi-Willig

Faculty Scholarship

At the outset, l should note that I am very grateful to all contributors in this issue-Professors Kerry Abrams, Jacquelyn Bridgeman, Jennifer Chacon, Robin Lenhardt, and Laura Rosenbury for their insightful, powerful, and stirring reactions to my book According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, and to Professor Melissa Murray for her elegant Foreword to this issue. Reading the responses of these scholars whom I admire and respect has been exhilarating and affirming. Indeed, seeing the many ways in which just a small group of these reviewers have examined, interpreted, and even "felt" …

Designing A Valid Randomized Pragmatic Primary Care Implementation Trial: The My Own Health Report (Mohr) Project, Kurt C. Stange

Faculty Scholarship

Background: There is a pressing need for greater attention to patient-centered health behavior and psychosocial issues in primary care, and for practical tools, study designs and results of clinical and policy relevance. Our goal is to design a scientifically rigorous and valid pragmatic trial to test whether primary care practices can systematically implement the collection of patient-reported information and provide patients needed advice, goal setting, and counseling in response.Methods: This manuscript reports on the iterative design of the My Own Health Report (MOHR) study, a cluster randomized delayed intervention trial. Nine pairs of diverse primary care practices will be randomized …

Prevalence Of Metabolic Syndrome Among Urban Community Residents In China, Li Li, Zheng-Yi Chen, George E. Kikano, Kurt C. Stange, Nathan A. Berger

Faculty Scholarship

Background: Metabolic risk factors and abnormalities such as obesity and hypertension are rapidly rising among the Chinese population following China's tremendous economic growth and widespread westernization of lifestyle in recent decades. Limited information is available about the current burden of metabolic syndrome (MetS) in China. Methods. We analyzed data on metabolic risk factors among 22,457 adults aged ≥ 32 years participating in the "Zhabei Health 2020" survey (2009-2010), a cross-sectional study of a representative sample of community residents in Zhabei District. We defined MetS using Chinese-specific cut-off points for central obesity according to consensus criteria recently endorsed by several international …

A Longitudinal Examination Of Risk And Protective Factors Associated With Drug Use And Unsafe Sex Among Young African American Females, Dexter R. Voisin

Faculty Scholarship

This study prospectively examined associations among multiple theoretically informed risk (e.g., depression, sexual sensation seeking, and risky peers norms) and protective factors (e.g., social support, STI knowledge, and refusal to have sex self efficacy) on unsafe sex among 715 African American adolescent females aged 15-21 who participated in an STI/HIV prevention intervention. Generalized estimating equation models were used to assess associations between baseline characteristics and sexual risk over a 12-month follow-up period. Overall risk in this population was high: at baseline, nearly a third of women reported sex under the influence of alcohol or substances; ≥ 2 partners for vaginal …

Getting Ready For School: Piloting Universal Prekindergarten In An Urban County, Robert L. Fischer, Tirth Bhatta, Claudia J. Coulton

Faculty Scholarship

Investments in high-quality early care and education have been shown to reap societal benefits across the lives of the children served. A key intervention point is in the lives of 3- to 5-year olds during the period prior to entering kindergarten. Many jurisdictions have developed broad-based prekindergarten initiatives. This study reports on a pilot universal prekindergarten program in 24 sites in the Cleveland, Ohio area. Child assessment data were collected on 204 children from early care classrooms for 3- to 5-year olds across 3 time points by trained observers using 2 standardized instruments. Changes in achievement scores were shown to …

The Other Marriage Equality Problem, Linda C. Mcclain

Faculty Scholarship

This article introduces the term “the other marriage equality problem” to invite attention to a marriage equality issue distinct from gay men's and lesbians’ access to the institution of civil marriage. That problem is captured in warnings about the growing class-based marriage divide and the “diverging destinies” of children that flow from these emerging patterns of family life, sometimes referred to as “the reproduction of inequalities.” Growing family inequality warrants attention for many reasons, including the crucial role that families, along with other institutions of civil society, play in sustaining the American experiment in “ordered liberty.” Strikingly, such warnings coexist …

Cyberfinancing For Economic Justice, Lisa T. Alexander

Faculty Scholarship

This Article argues for the socially optimal regulation of online peer-to-peer (P2P) lending and crowdfunding to advance economic justice in the United States. Peer-to-peer lending websites, such as Prosper. com orKiva.org, facilitate lending transactions between individuals online with-out the involvement of a traditional bank or microfinance institution. Crowdfunding websites, such as Kickstarter. com, enable individuals to obtain financing from large numbers of contributors at once through an open online request for funds. These web-based transactions, and the intermediary organizations that facilitate them, constitute emerging cyberfinancing markets. These markets connect many individuals at once, across class, race, ethnicity, nationality, space, and …

Property: A Bundle Of Sticks Or A Tree?, Anna Di Robilant

Faculty Scholarship

In the United States, property debates revolve around two conceptual models of property: the ownership model, originally developed in Europe and now revisited by information theorists and classical liberal theorists of property, and the bundle of rights model, invented in the United States by Hohfeld and the Realists. This article retrieves an alternative concept of property, the tree concept of property. The tree concept of property was developed by European property scholars between 1900 and the 1950s, as part of Europe’s own “realist” moment. It envisions property as a tree: the trunk representing the owner’s right to govern the use …

Health-Related Resource Use And Costs In Elderly Adults With And Without Mild Cognitive Impairment, Carolyn Zhu, Peter J. Whitehouse, Marian B. Patterson

Faculty Scholarship

Objectives To assess differences in resource use and cost between older adults with and without mild cognitive impairment (MCI) over time. Design Multicenter, longitudinal study. Setting Sixty-eight Alzheimer's Disease Cooperative Study (ADCS) sites in the United States. Participants Two hundred fifty-nine individuals diagnosed with MCI and 107 cognitively normal elderly adults followed annually for 3 years. Measurements The Resource Use Instrument (RUI) was used to capture medical and nonmedical care use. Generalized linear latent and mixed models were used to estimate differences in resource use and costs in older adults with and without MCI after controlling for clinical and demographic …

Growing Inequality And Racial Economic Gaps, Thomas W. Mitchell

Faculty Scholarship

Over the past several decades, economic inequality has grown dramatically in the United States while inter-generational economic mobility has declined, which has challenged the very notion of the "American Dream." In fact, the United States is more economically unequal than most other industrialized countries. Further, there are dramatic and growing racial economic gaps in this country. Despite the Occupy Wall Street Movement, and the various spinoffs it has catalyzed, there has not been any sustained, widespread social movement to address economic inequality in the United States over the course of the past several decades. Furthermore, it is unlikely that a …

A Longitudinal Examination Of The Relationship Between Sexual Sensation Seeking And Sti-Related Risk Factors Among African American Females, Dexter R. Voisin

Faculty Scholarship

Sexual sensation seeking has been correlated with STI-related risk factors in numerous cross sectional studies. However, no current studies have examined whether sexual sensation seeking is longitudinally related to a broad spectrum of STI-related factors such as consistent condom use, number of sexual partners, frequency of partner sexual communication, self-efficacy to refuse sex, and fear of condom negotiation. We explored these relationships over a 12-month period among a sample of 715 African American females attending three STI clinics in Georgia that were recruited into a larger randomized clinic intervention study. Utilizing A-CASI technology to assess all self-reported measures and employing …

When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges

Faculty Scholarship

This Article examines criminal statutes that grade more severely sexual assaults that result in pregnancy. These laws, which define pregnancy as a “substantial bodily injury,” run directly counter to positive constructions of pregnancy within culture. The fact that the criminal law, in this instance, reflects this negative, subversive understanding of pregnancy creates the possibility that this idea may be received within culture as a construction of pregnancy that is as legitimate as positive understandings. In this way, these laws create possibilities for the reimagining of pregnancy within law and society. Moreover, these laws recall the argumentation that proponents of abortion …

Exposure To Verbal Parental Aggression And Sexual Activity Among Low Income African American Youth, Dexter R. Voisin

Faculty Scholarship

The study examined whether witnessing verbal parental aggression (VPA) was related to sexual activity among mostly low income African American youth, and whether psychological symptoms mediated this relationship. Five hundred and sixty-three African American high school adolescents (ages 13-19) completed self-administered questionnaires, which assessed demographics, psychological problems (e.g., depression, anxiety, aggression and posttraumatic stress disorder symptoms), witnessing VPA, and sexual activity. Participants who witnessed high versus no VPA were 2 times more likely to report sexual activity. This relationship was mediated by aggression for males and females, and posttraumatic stress disorder symptoms for females only. Youth service providers should be …

Community Violence Exposure And Adolescent Delinquency: Examining A Spectrum Of Promotive Factors, Dexter R. Voisin

Faculty Scholarship

This study examined whether promotive factors (future expectations, family warmth, school attachment, and neighborhood cohesion) moderated relationships between community violence exposure and youth delinquency. Analyses were conducted using N = 2,980 sixth to eighth graders (Mage = 12.48; 41.1% males) from a racially, ethnically, and socioeconomically diverse sample. After controlling for demographic factors, delinquency was positively associated with community violence exposure and inversely associated with each of the promotive factors. When interaction effects between all promotive factors and community violence exposure were examined simultaneously, only future expectations moderated the relationship between community violence exposure and delinquency. Specifically, community violence exposure …

Introduction: Wounds Of War: Meeting The Needs Of Active-Duty Military Personnel And Veterans With Post-Traumatic Stress Disorder, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Introduction: Wounds of War: Meeting the Needs of Active-Duty Military Personnel and Veterans with Post-Traumatic Stress Disorder, 37 Nova Law Review 439 (2013).

The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber

Faculty Scholarship

This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …

Privacy, Antitrust, And Power, Frank Pasquale

Faculty Scholarship

When a dominant internet service collects information about its users, the situation is so far from the usual arm’s-length market transaction that neoclassical economic analysis is misleading. “Lack of surveillance” is not a product that individuals have varying preferences for and purchase accordingly. Rather, surveillance is an inevitable concomitant of life online. We need to tame the power that surveillance entails, rather than continuing to pursue illusory, surveillance-free alternatives on the platform level.

To the extent a company creates profiles of individuals and collects data on them, a third party ought to be collecting reports from the company on how …