Digital Commons Network^™

Assessing The "Contract Failure" Explanation For Nonprofit Organizations And Their Tax-Exempt Status, Daniel N. Shaviro

Faculty Articles

The best known account in recent legal or economic literature of why certain organizations use the nonprofit form, and when or why they ought to be tax-exempt, comes from Henry Hansmann. Hansmann argues that the nonprofit form prevails where it does because it responds efficiently to problems of "contract failure" where behavior is hard to monitor. For example, I might not trust a for-profit company to use my donation to provide famine relief in a foreign country or to render "complex personal services" such as nursing care, given the difficulty of observing performance directly. The nonprofit structure is supposed to …

Externalities Everywhere: Morals And The Police Power, Richard A. Epstein

Faculty Articles

My first task, therefore, is to explain something about the general framework of regulation and then to show my reservations about Rasmusen's approach to these questions. The starting point for all theories of regulation is, in my view, not law but human biology. Given the forces of evolution, we should start with the assumption that all individuals are governed by a substantial dose of self-interest, which, if not properly directed, can result in socially destructive behavior. The trick of sound social design is to harness individual self-interest to sociallyproductive activities.

Employment Law: Courts And Contracts, Richard A. Epstein

Faculty Articles

There are clearly deep divisions of opinion in New Zealand on the relationship between the courts and the Employment Contracts Act 1991 (ECA). These address both substantive and jurisdictional issues. Thus, the central dispute concerns the way courts should interpret the various provisions of the Act. The second concerns the question of whether a specialized court should have primary responsibility over administering and interpreting the Act. Clearly, the two questions are related, for the choice of tribunal is likely to have some systematic effects on the manner of interpretation. But as a foreigner, I plan to avoid these specific controversies …

Inadequate Product Warnings And Causation, Mark A. Geistfeld

Faculty Articles

The market failure that provides an economic justification for imposing tort liability on product sellers for design and manufacturing defects also justifies tort liability for inadequate warnings. In general, the liability standards proposed in the most recent draft of the Restatement (Third) of Torts: Products Liability have the potential to remedy this market failure, although this purpose is not furthered by the Draft's requirement that plaintiffs prove that an adequate warning would have prevented the injury. Unless courts presume causation (as most currently do), sellers will not have sufficient incentive to warn about unavoidable product risks. Moreover, there is no …

Valuing Federalism, Barry Friedman

Faculty Articles

"Value" is a word of many meanings. It can be used to refer to something believed to have worth, as in "I value your friendship." In a different sense, "values" are a set of ideals or beliefs, as in 'Tfamily values." In yet a third sense, "value" or "values" implies a metric, as in "what is the value of X" or "how much value should I attach to that?" In speaking of "valuing federalism," this Article relies upon all three of these senses of the word. The central point is that we do not value (care about) federalism as much …

A Comparison Of Fitness Scores Of Ten To Sixteen Year Old National Youth Sports Program Participants And Mississippi School Students, Mingxian Li

Electronic Theses and Dissertations

No abstract provided.

Civic Journalism As An Alternative Reporting Method, Chaka Ferguson

Electronic Theses and Dissertations

No abstract provided.

Voyeurism, Desire, Shame And Love : The Female Nude In The Paintings Of Lovis Corinth / By John David Wright, John David Wright

Electronic Theses and Dissertations

No abstract provided.

Beyond The Gender Gap: Women Of Color In The 1996 Election, Carol Hardy-Fanta

Publications from the Center for Women in Politics and Public Policy

National and State exit polls provide a wealth of information on the public opinions of women of color, beyond the choice of candidate and standard research questions of partisanship and ideology. Policy issues and ballot questions provide a window into the positions of voters who are women of color. (Many more than those analyzed for this paper are available in the exit poll datasets.) One of the major conclusions of this study must be to expand the political agenda of women and communities of color and insist on more representative polling with larger minority samples (especially for Asian Americans). Nevertheless, …

Getting To Death: Are Executions Constitutional?, Deborah W. Denno

Faculty Scholarship

This Article addresses the question of when a method of executing a capital defendant amounts to cruel and unusual punishment under the Eighth Amendment. This Article contends that execution methods cases, while reaching the right result, fail to provide a sufficiently comprehensive Eighth Amendment standard for determining the constitutionality of any execution method. The Article proposes a test that better comports with the Court's Eighth Amendment case law and more appropriately considers scientific determinations of excessive pain. To apply this test, the Article studies each state's legislative changes in execution methods during the Twentieth Century as well as accounts of …

Authoritarianism And American Students' Attitudes About The Gulf War, 1990–1996, Richard M. Doty, Bill E. Peterson, Markus Kemmelmeier

Psychology: Faculty Publications

Studies with several different groups of students over the period from October 1990 to spring 1996 show a consistent set of relationships between right-wing authoritarianism (RWA) and aggressive support for U.S. policy during the Persian Gulf crisis and Gulf War Before the war, high-RWA scorers endorsed more aggressive responses (including the use of nuclear weapons) to hypothetical Iraqi actions. After the war, they expressed relatively more gloating and less regret and, in retrospect, endorsed more aggressive hypothetical U.S. policies. Overall, their opinions tended to be low in complexity, high in certainty, and brief.

Authoritarianism And Gender Roles: Toward A Psychological Analysis Of Hegemonic Relationships, Lauren Duncan, Bill E. Peterson, David G. Winter

Psychology: Faculty Publications

The authors examined the relationship between authoritarianism and gender-role identity, attitudes, and behaviors. Using Altemeyer's Right-Wing Authoritarianism (RWA) Scale, they found that high scores on authoritarianism were related to traditional gender-role identity and attitudes, rating political events concerning women as less important, and rating feminists and women as having relatively more power and influence in society. Authoritarianism was also related to the expression of anti-abortion views in essays and using arguments based on conventional morality, submission to authority, and punitiveness toward women seeking abortions. Finally, high scores on authoritarianism were related to participating in pro-life rallies and not participating in …

Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy J. Adams

Faculty Publications By Year

No abstract provided.

A Study Of The "Grassroots Integrated Development Agency" In Uganda, John B. D. Kakembo

Doctor of Ministry Projects

Problem

When poverty in Uganda deepened due to the miseries and destabilization caused by economic mismanagement, turbulent politics, and the incessant civil wars in Uganda up to 1985, all public, private, and religious organizations were adversely affected. At the end of 1985, conditions in the Seventh-day Adventist church were characterized by massive poverty among its rural membership, a slow church-growth annual rate of 4.9 percent--the lowest tithe per capita in the Eastern Africa Division (EAD)--and the lowest remuneration scales for pastors in the EAD. In 1986, an indigenous, grassroots organization sprouted in the SDA church under the leadership of a …

A Seminar On The Dynamics, Prevention, And Legal Implications Of Clergy Sexual Misconduct, Jorge E. Rico

Doctor of Ministry Projects

Problem

Clergy sexual misconduct has become a major problem among Christian denominations. It involves violation of expectations and the breaking of public trust. There is also a growing awareness in our society of the legal implications of clergy sexual misconduct. This present study was to prepare, present, and evaluate a seminar for pastors on the dynamics, prevention, and legal implications of clergy sexual misconduct.

Method

Research was done to help ministers understand the dynamics, prevention, and legal implications of clergy sexual misconduct. Then, a seminar was conducted in four areas of the Oregon Conference of Seventh-day Adventists. This seminar was …

The Development And Implementation Of A Marriage Support Group And Its Evaluation Using The Das In The Thousand Oaks Seventh-Day Adventist Church, Robert Norman Randall

Doctor of Ministry Projects

Problem

Divorces and separations have proliferated in Adventist churches. This project studied the ministry of churches to marriages. Were members' marriages in need? was the church presently being helpful to the marriages of its members? Would the model of a marriage support group put forward by the researcher be helpful to marriages?

Method

The Dyadic Adjustment Scale was used to survey 600 randomly selected married people from the Anglo churches of the Southern California Conference of Seventh-day Adventists. The thirty-two-question scale measured four characteristics of marriage: satisfaction, cohesion, consensus, and affection. An additional section evaluated the church's ministry to their …

Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky

Touro Law Review

No abstract provided.

Employees: Show Us Your Paycheck, Dina Mastellone

Touro Law Review

No abstract provided.

Things Judges Do: State Statutory Interpretation, Judith S. Kaye

Touro Law Review

No abstract provided.

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Helen Hershkoff

Touro Law Review

No abstract provided.

Supreme Court, New York County Stringfellow's Of New York Ltd. V. City Of New York

Touro Law Review

No abstract provided.

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

Fourth Department Time Square Books, Inc., V. City Of Rochester

Touro Law Review

No abstract provided.

Women's Voice, January 1997, Women's, Gender, And Sexuality Studies Program

Women's Voice (1991-2006)

No abstract provided.

Reviews, Carolyn E. Hill, Michael Kuhne, Felicia M. Briscoe, Hanna Berger, Candace Walworth

The Journal of the Assembly for Expanded Perspectives on Learning

Reviews

Carolyn E. Hill. Token Professionals and Master Critics: A Critique of Orthodoxy in Literary Studies. (James Sosnoski, 1994).

Michael Kuhne. Releasing the Imagination: Essays on Education, the Arts, and Social Change. (Maxine Greene, 1995).

Felicia M. Briscoe. Artwork of the Mind: An Interdisciplinary Description of Insight and the Search for it in Student Writing. (Mary M. Murray, 1996).

Hanna Berger. If You Want to Write: A Book about Art, Independence and Spirit. (Brenda Ueland, 1997).

Candace Walworth. The Rag and Bone Shop of the Heart: Poems for Men. (Robert Bly, James Hillman, Michael Meade, …

The Extension Newsletter, Issue 13, Winter Quarter 1997, Wright State University Retirees Association

The Extension Newsletter

A six page newsletter from the Wright State University's Retirees Association.

Tort Reform In The Wake Of United States V. Lopez, Patrick Hoopes

UC Law Constitutional Quarterly

This Note discusses the extent to which federal tort reform measures would be constitutionally valid in light of the Supreme Court's decision in United States v. Lopez, which invalidated a federal statute criminalizing guns in schools. The Lopez Court, recognizing that the federal government was one of enumerated powers, held that the Commerce Clause granted Congress the power to regulate only those activities which had a substantial effect on interstate commerce. Specifically, this Note examines the constitutionality of a current proposal to limit punitive damage awards in nearly all tort actions. The heavy financial burden runaway juries impose on the …

Unauthorized Embryo Transfer At The University Of California, Irvine Center For Reproductive Health, Supriya Kakkar

UC Law Constitutional Quarterly

Two couples, wanting desperately to conceive, go for help to the same fertility excruciating procedure. Couple A fights the odds and walks away with their miracle baby. Couple B is not so lucky. They walk away empty handed. Years later, a horrifying truth is revealed. Without the consent or knowledge of either couple, doctors transferred Couple B's embryos to Couple A. Couple A finds out that their miracle baby is genetically the offspring of Couple B. Now, Couple B is suing for custody. Who wins?

Doctors at the University of California, Irvine fertility clinic transferred embryos without the approval or …

Engineering Perfect Offspring: Devaluing Children And Childhood, Wendy Anton Fitzgerald

UC Law Constitutional Quarterly

In this Essay, Professor Fitzgerald observes that the law and practice governing medical treatment decisions for seriously ill and disabled newborn children requires physicians and parents to compare such children with an unstated norm. She discerhs that our jurisprudence informs that unstated norm with an exclusive model of legal personhood, that of the autonomous individual, an independent and self-sufficient adult. Parents and physicians may conclude, then, that a seriously ill or disabled newborn child who cannot eventually become an autonomous adult should not receive life-saving or life-prolonging treatment. Professor Fitzgerald suggests that this treatment paradigm parallels a cultural resurgence of …

Crummer Graduate School, Rollins College

Text Materials of Central Florida

Rollins College catalogue with list of faculty and students and courses by department.