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The Supreme Court's Impact On Marriage, 1967-90, Margaret F. Brinig

Journal Articles

In the twenty years following Loving, the Supreme Court decided a number of cases dealing with the family. Although the Court reasoned that it was protecting marriage and extending such protection to other forms of families, the perverse effect of these decisions was to weaken the most traditional family type of all, the nuclear family. Adults, and particularly pregnant women and unwed fathers, triumphed in this move towards autonomy and rights. The vanquished included those who depended upon the family for love and sustenance: minor children, elderly adults, and longtime homemakers.

This paper discusses these cases from a family law …

Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza

Journal Articles

Article by Martin Rhonheimer, translated by Paolo G. Carozza.

The Compromise Of '38 And The Federal Courts Today, John H. Robinson

Journal Articles

In 1998 the legal community of the United States should stop and take stock of two epochal events in the history of the federal judicial system. One of those events, as readers of a procedure symposium do not need to be told, is the sixtieth anniversary of the introduction of the Federal Rules of Civil Procedure. I shall have more to say about that event presently, but I want first to devote a few paragraphs to a second event, one which proceduralists ignore at their peril. The event I have in mind is the initiation of a new era of …

The Hughes Court And Constitutional Consultation, Barry Cushman

Journal Articles

This lecture, delivered to the Supreme Court Historical Society, details the ways in which justices of the Hughes Court provided guidance to members of the political branches in formulating constitutional solutions to the economic crisis of the 1930s. Among the policy areas considered are farm debt relief, energy policy, agricultural policy, civilian relief and public works, retirement pensions, and unemployment compensation.

Euthanasia, Morality, And Law, John M. Finnis

Journal Articles

"Arguments for legalising euthanasia rely on claims about autonomy rights, or claims about political pluralism, or on both sorts of claim. My response will make three main points. First, those demanding this legalisation have shirked their elementary obligation to describe the alleged right, identify who has it, and delineate its boundaries as a right supposed to trump other goods, interests, and the wellbeing or rights of others. Second, they have neglected, or at best hugely underestimated, the casualties who would be, and in some places already are being, created by the success of their campaign. Third, they proceed on an …

Buying Time For Survivors Of Domestic Violence: A Proposal For Implementing An Exception To Welfare Time Limits, Jennifer Mason Mcaward

Journal Articles

With the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Personal Responsibility Act), states have unprecedented discretion in fashioning their social welfare programs.

This Note examines the Personal Responsibility Act, focusing specifically on the statutory language and history of the sixty-month time limit on receipt of benefits and the two optional exceptions states may enact. This examination reveals that the Act contemplates that states have both the power and the support of Congress and the Department of Health and Human Services to implement exceptions for the benefit of survivors of domestic violence.

Given that states may …

"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher

Osgoode Hall Law Journal

This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v. X.). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young woman's right to abortion, was the last chapter of the fundamentalist narrative of Irish abortion law. The feminist critique of that law needs to consider its particular fundamentalist aspects in order to clarify the obstacles posed to the struggle for Irish women's reproductive freedom. The author argues that a …

Endangered And Threatened Animals Of Utah, Terry A. Messmer, A Mcelrone, R. Drake

Wildland Resources Faculty Publications

No abstract provided.

Voles: Wildlife Damage Management Series, Terry A. Messmer, B. C. West

Wildland Resources Faculty Publications

No abstract provided.

Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump

Maryland Law Review

No abstract provided.

The Futility Of Futility?: On Life, Death, And Reasoned Public Policy, Mark Strasser

Maryland Law Review

No abstract provided.

In Memoriam: John R. Hargrove, Sr., Robert M. Bell, Marshall A. Levin, Harry S. Johnson, Sharon A.H. May

Maryland Law Review

No abstract provided.

In Memoriam: Frank A. Kaufman, Shale D. Stiller, Andre M. Davis, William L. Reynolds

Maryland Law Review

No abstract provided.

The European Intergovernmental Conference: An American Perspective, George A. Bermann

Faculty Scholarship

Peter Herzog's career-long interest in the European Communities makes it especially appropriate to include in this festschrift a contribution on what has become the principal mechanism for reforming the treaties that constitute those Communities. I refer of course to the "intergovernmental conferences," or "IGCs" for short. As this festschrift goes to press, the fifteen Member States are submitting the results of the latest IGC – the 1997 Treaty of Amsterdam – to their respective national ratification processes.

As its name suggests, the intergovernmental conference is a gathering of representatives of the Member States to discuss and eventually agree upon amendments …

Crime In Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, Garth Davies

Faculty Scholarship

In recent years, crime and public housing have been closely linked in our political and popular cultures. Tragic episodes of violence have reinforced the notion that public housing is a milieu with rates of victimization and offending far greater than other locales. However, these recent developments belie the complex social and political evolution of public housing from its origins in the 1930s, through urban renewal, and into the present.

Stereotypes abound about public housing, its management, residents, and crime rates. In reality, variation is the norm, and it is these variations that affect crime. The study of crime in public …

The Maryland Survey: 1996-1997

Maryland Law Review

No abstract provided.

The Limits Of Charity Fiduciary Law, Evelyn Brody

Maryland Law Review

No abstract provided.

A Response To The Video, Charles F. Sabel

Faculty Scholarship

Let me preface my remarks by informing you that I am not a lawyer. That means that there are things I don't get and things that I'll say that you may not grasp immediately, because there are certain assumptions we don't share. To illustrate that, let me just tell you, I don't even get lawyer jokes.

For example, when I saw the movie So Goes A Nation, and Sam Sue says, "Law schools teach basic skills," I didn't realize that was a joke until you all laughed at it. So there are many subtleties of this sort that escape me. …

Police, Community Caretaking, And The Fourth Amendment, Debra A. Livingston

Faculty Scholarship

The local police have multiple responsibilities, only one of which is the enforcement of criminal law. Police gather eyewitness accounts in the aftermath of a shooting, but they also assist lost children in locating their parents. Police identify and arrest those who have committed felonies, but they also respond to heart attack victims and help inebriates find their way home. Sometimes police check on the well-being of elderly citizens. As Professor Goldstein said some twenty years ago, "The total range of police responsibilities is extraordinarily broad .... Anyone attempting to construct a workable definition of the police role will typically …

Making Connections: Greek And Sri Lankan Tamil Perceptions Of Mental Health, Ways Of Coping, And Help-Seeking, Margaret Douglin

Theses and Dissertations (Comprehensive)

This thesis explores the perceptions of mental health, mental health problems, depression, and the coping and help-seeking behaviour of Greeks and Sri Lankan Tamils in Toronto. The study was undertaken in collaboration with a community mental health agency located in the Toronto community council area of East York. The information from this study will be used to help the agency, "Alternatives," develop a strategy for reaching more members of diverse ethnic communities. In this study data were collected through interviews with Greek and Tamil service-providers and focus groups with lay community members using a qualitative, culturally sensitive, and participatory action …

A Case Study Of Four Fifth Grade Teachers And Their Perceptions Of How And Why They Teach Science, Ana K. Houseal

Dissertations and Theses @ UNI

The purpose of this qualitative study was to explore the perceptions of four 5th grade teachers and their perceptions of the influences on how and why they taught science in their classrooms. The four participating teachers who were from three school districts in Iowa were observed teaching science lessons and interviewed following the observations. The results of the study showed that the data obtained during the observations and interviews focused on three major themes. The first theme centered on the teachers' perceptions of changes in teaching elementary science. These included a move away from text-based learning with a subsequent move …

Use Of Rapds To Develop Specific Primers For The Identification Of Mycorrhizal Fungi, Cynthia A. Boyd

Dissertations and Theses @ UNI

The restoration of damaged ecosystems, particularly at superfund sites is a complex issue. These sites present problems with revegetation attempts due to their unique chemical, physical, and biological properties. Revegetation of damaged ecosystems may be enhanced by mycorrhizal associations. The establishment of a facultative mycotroph, Festuca arundinacea Screb. (tall fescue) treated with a commercial fungal inoculum, was studied at a Galena, Kansas mining site. The evaluation of this revegetation project required the identification of endomycorrhizal fungi, Glomus c/arum and G/omus etunicatum in the inoculum. Traditional identification of these fungi based on spore morphology and other physical characteristics is not suitable …

Profile Of Adolescent Gambling Behaviors In Black Hawk County High School Students Ages 14-18, Holly A. Helm

Dissertations and Theses @ UNI

As gambling opportunities increase, adolescents are exposed to more forms of gambling and may be developing problematic gambling behaviors. Research seems to indicate a "growing trend that pathological gambling is becoming more common among young Americans" (Kerr, 1998, p. 27). Thus, the purpose of this study was to profile adolescent gambling behaviors that exist in Black Hawk County high school students between the ages of 14-18. In particular, this study sought to: (a) define adolescent perceptions of gambling; (b) tabulate the percentages of youth who are engaged in gambling activities; (c) identify money gambled; (d) examine who influences gambling behaviors; …

Coaching Philosophy Differences Among Ncaa Division Iii Head Men’S Basketball Coaches, Mark J. Franzen

Dissertations and Theses @ UNI

The purpose of this study was to describe the coaching philosophies of men's head basketball coaches at the NCAA Division III level in three areas: (a) coach's expectation of the athlete, (b) coach's role in the overall development of the athlete, and ( c) conditions believed essential to maximize team performance. All of the coaches in this study were from private institutions. A modified questionnaire from Eitzen and Pratt (1989) was used as the instrument in this study. The questionnaire pertained to three areas of coaching philosophy and was divided into three sections: ( a) coach's expectation of the athlete, …

Identification Of Factors That Influence Physician Generated Referrals To Hospice Programs, Cheryl A. Hoerner

Dissertations and Theses @ UNI

The hospice movement is just over 20 years old in this country. Hospice programs are dependent on physicians to educate and refer their terminal patients to hospice care. The purpose of this study was to identify factors which influence physicians in rural Iowa to refer terminal patients to selected hospice programs. The study involved Medicare-certified hospice programs and non-certified programs located in rural communities in Iowa. One hundred and fifty licensed physicians were randomly selected to complete a 14-item questionnaire. A total of 86 questionnaires were returned. The survey tool addressed demographic information, as well as identifying factors that influenced …

Awareness Of Deficits In Dementia Of The Alzheimer’S Type And Normal Aging, Jay D. Anderson

Dissertations and Theses @ UNI

Past research has documented the presence of frontal lobe dysfunction in both dementia of the Alzheimer's Type (DAT) and normal aging. The purpose of the present study was to further investigate whether one particular type of frontal lobe dysfunction, unawareness of deficits or anosognosia, differs qualitatively or quantitatively when occurring in DAT versus the normal aging process. Anosognosia was investigated in three groups of subjects: individuals diagnosed with DAT (N = 25), older normal controls (N = 25), and middle-aged normal controls (N = 25). Unawareness of deficits was operationalized as the discrepancy between subjects' self-rating and that of another …

Reflections In A Distant Mirror: Japanese Corporate Governance Through American Eyes, Ronald J. Gilson

Faculty Scholarship

For the last ten years, Japanese corporate governance has served as a distant mirror in whose reflection American academics could better see the attributes of their own system. As scholars came to recognize that the institutional characteristics of the American and Japanese systems were politically and historically contingent, other countries' approaches became serious objects of study, rather than just way stations on the road to convergence. One learned about one's own system from the choices made by others.

As it came to be conceived, the Japanese corporation of the 1980s represented quite a different method of organizing production. Styled the …

Character At The Crossroads, Roger C. Park

Faculty Scholarship

No abstract provided.

Reconceiving Privacy: Relationships And Reproductive Technology, Radhika Rao

Faculty Scholarship

No abstract provided.

Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland

Faculty Scholarship

Are labor rights human rights? Are some worker rights so fundamental that must be respected by all nations, and all corporations, under all circumstances? If so, who has the authority to define such rights, and how should they be enforced? What is the effect on the global economy of enforcing international worker rights? These are some of the questions confronted by the authors of Human Rights, Labor Rights, and International Trade, a compilation of essays by an international group of scholars, labor rights activists, and corporate executives addressing contemporary topics in the dialectic among labor, trade, and human rights.