Digital Commons Network^™

The Inherent Irrationality Of Judgment Proofing, Steven L. Schwarcz

Faculty Scholarship

In recent articles in the Yale Law Journal and the Stanford Law Review, Professor Lynn M. LoPucki has sparked much academic discussion arguing that recent developments in corporate law have led to an erosion in the system of corporate liability, such that it might one day prove impotent. LoPucki has argued that transactions such as asset securitizations, sale-leasebacks, and corporate structures in which liabilities are placed in asset-poor subsidiaries are driving this change. One early critic to the LoPucki thesis, Professor James J. White, has argued that empirical data show no evidence of increasing use of judgement proofing techniques. In …

Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty

Faculty Scholarship

In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.

Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …

Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin

Faculty Scholarship

This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …

Giving Up And Giving In: Young Adolescents' Dilemmas When Caring For A Grandparent With Alzheimer's Disease, Diane Lee Beach Edd

Dissertations

Caregivers of persons with Alzheimer's disease have been studied extensively; the vast majority of caregiver research has focused on spouses and adult children, negating the impact caregiving has on younger family members. Importantly, 75% of caregivers are female; 31% of these women have children at home under the age of 12 and 23% live with a child aged 12–17. As such, adolescents will be increasingly involved in the care of Alzheimer's victims. This study sought to examine the experiences of these individuals. Specifically, what is it like for an adolescent to provide care for a grandparent afflicted with Alzheimer's disease? …

A Professional Competency Survey Of Organizational Consultants In San Diego County, Angie Mays Edd

Dissertations

The purpose of this study was to gain a clearer understanding of the rapidly growing field of Organizational Consulting. Specifically, this research focuses on developing profiles of various types of organizational consultants in San Diego County. The types of profiles considered included: Executive Coaches, Feedback Specialists, Motivational Speakers, Trainers, Educators, and Consultants. The research topics examined included: background and professional preparation of consultants, professional resources utilized, interventions most commonly used, and level of job satisfaction. A descriptive survey was employed to aid in the investigation. The questionnaire consisted of questions revised from Waller's (1988) national survey of training consultants, and …

Health And Educational Outcomes Of Children Who Experienced Severe Neonatal Medical Complications, Timothy B. Smith, Glenna C. Boyce, Glendon Castro

Faculty Publications

To determine the long-term developmental and educational outcomes of a sample of low birthweight infants with intraventricular hemorrhage (IVH), developmental assessments and interviews were conducted eight years after the initiation of an early intervention project. At the time of the follow-up, 62% of children were experiencing some developmental or behavior problems, with visual impairments, cerebral palsy, and attention deficits occurring most frequently. Grade of IVH and the number of days spent in the neonatal intensive care unit were the best predictors of later developmental delays. The sample also scored below average on school achievement; approximately 30% of those in school …

Context And Culpability In Adolescent Crime, Jeffrey A. Fagan

Faculty Scholarship

This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …

Who's In Control? The Courts, The Legislature And The Public In Colorado's School Finance Debate, Christina D. Ponsa-Kraus, Drew Dunphy

Faculty Scholarship

Colorado's school finance story touches on a number of themes familiar to students of school finance litigation: a struggle between those supporting greater resources and those favoring lower taxes; a shift in focus from equity to adequacy; and the difficulty of fostering an informed, widespread dialogue on school finance given the complexity of the funding system. At the same time, certain factors particular to Colorado – a seeming conflict in the state constitution, a number of strict constitutional amendments, and an unusually strong tradition of local control – have dramatically shaped the state's reform process. With a pending lawsuit seeking …

Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm

Faculty Scholarship

Labor and civil rights movements in the United States share the aspiration of empowering workers to attain economic and social justice in the workplace. From their inception, both movements have articulated goals that link individual dignity and group empowerment, economic access and fair treatment, legal entitlements and political mobilization. They proceed on the premise that the workplace is a site where vital economic interests and possibilities for self-development come together. Put otherwise, both forms of advocacy strive for a regime that links these concerns to do justice to the workplace as a site for the expression of democratic citizenship.

The Nuttiness Of Divorce, Thomas W. Merrill

Faculty Scholarship

The erratic, emotional "nuttiness" of divorce is predictable. Rest assured, however, you are not crazy. You are merely responding to the temporary emotional upheaval in your life. To help you better understand what you are experiencing, we have put together a brief explanation of the psychological stages or phases that accompany the legal process of divorce.

Beyond Backyard Environmentalism, Archon Fung, Charles F. Sabel, Bradley C. Karkkainen

Faculty Scholarship

From California habitats to Massachusetts toxics, the United States is in the midst of a fundamental reorientation of its environmental regulation, one that is as improbable as it is unremarked Minimally, the new forms of regulation promise to improve the quality of our environment At a maximum, they suggest a novel form of democracy that combines the virtues oflocalism and decentraliz.ation with the discipline of national coordination.

In substance and spirit, this new approach to regulation grows out of the tradition of backyard environmentalism. For two decades, residents of Woburn, Love Canal, and countless other communities across the country have …

Hayekian Socialism , Richard A. Epstein

Maryland Law Review

No abstract provided.

Factors That Influence Women’S Decision Regarding Hormone Replacement Therapy At Menopause, Judy Mixsell

Dissertations and Theses @ UNI

The purpose of this study was to describe factors that influence women's decision regarding hormone replacement therapy (HRT) at menopause. It is estimated that between 15 and 25% of eligible women are on HRT today. With all of the scientific evidence on the benefits of HR T, this percentage is very low. A questionnaire was sent to 420 randomly selected women from Black Hawk County ages 40 years and older. There were 161 usable responses for a 38.3% return rate. The majority of the women in the study were in the 40-60 years-old age group and were Caucasian college graduates. …

A Study Of Service Programs At Selected Midwest Universities, Tammy Lee

Dissertations and Theses @ UNI

When students enter a four-year college or university, they begin the journey of higher education. Through direct and indirect means of structured course work, involvement in campus organizations, and other activities, students gain the knowledge and skills crucial to obtaining a career in their chosen field. Although a college or university has primary responsibilities for the education of students, it also has a social obligation to the community in which it is located. One mechanism that has been devised to mutually benefit the students' need to develop as responsible citizens and the communities' need for college or university expertise is …

Field Methods To Enhance Degradation Of Nitrate In Surficial Soils, Urko Atxotegi Alegria

Dissertations and Theses @ UNI

An environmental field study was conducted from April to October 1998 in the Black Hawk County, Iowa. The main goal of the study was to find an appropriate field method to enhance degradation of nitrates in the surficial soil. Seven different methods were developed in the study to compare between four variables. The variables that were investigated were the source of nitrates, the moisture content of the soil, the uptake by plants and the total carbon content of the soil. The investigation has also been conducted to find out the specific influence of each parameter on landuse. A weather station …

More Precious Than Gold: The Journey To And Through Zion In 1849-50, Fred E. Woods

Faculty Publications

The California gold rush, the first international gold rush in history, turned the world upside down, reaching its zenith in the years 1849-50. As a result of the rush during these two climactic years, the population swelled our nation's Pacific coast, entitling California to receive statehood in the fall of 1850. During these catalytic years, Latter-day Saints were journeying to the American West for a different kind of treasure. They gathered from afar to their Mormon mecca nestled in the Salt Lake Valley to fulfill their dreams of establishing Zion. Yet the California gold rush had a significant impact on …

The Limits Of Discipline: Ownership And Hard Budget Constraints In The Transition Economies, Roman Frydman, Cheryl W. Gray, Marek P. Hessel, Andrzej Rapaczynski

Faculty Scholarship

This paper, based on a large sample of mid-sized manufacturing firms in the Czech Republic, Hungary and Poland, argues that the imposition of financial discipline is not sufficient to remedy ownership and governance-related deficiencies of corporate performance. The study offers three main conclusions. First, we find that state enterprises represent a higher credit risk both because of their inferior economic performance and because of their lesser willingness or propensity to meet their payment obligations. Second, the brunt of the state firms' lower creditworthiness is borne by their state creditors, as state enterprises deflect the higher risk away from private creditors. …

Using Improvisation To Teach Communication In An Academic Medical Center, Debra Gerardi

Faculty Scholarship

No abstract provided.

Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan

Faculty Scholarship

Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …

Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt

Faculty Scholarship

In this paper, I concentrate on the narrower, more typical topic of judicial interpretation. At least in regard to the religion clauses, this may be warranted because any progressive constitution would probably include something similar to the Free Exercise and Establishment Clauses, and these would be judicially enforceable to some degree.

The first part of this essay explores relations between progressive values and interpretive approaches. When I asked myself how a judge, committed to progressive values, would interpret the Federal Constitution, I was troubled by whether a progressive approach would be activist or restrained in relation to legislative authority. I …

Author's Comments To Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Modes Of Regulatory Enforcement And The Problem Of Administrative Discretion, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Reforming Labor Law For The New Century, Lance Liebman

Faculty Scholarship

The two articles that follow are the first published fruit of a conversation that was initiated in 1998 under the auspices of "Labor Law Reform for Developed Countries in the 21st Century," several years of conferences leading to the May 2000 Tokyo Conference of the International Industrial Relations Association. This project has had generous support from the Center for Global Partnership of the Japan Foundation and from the Parker School of Foreign and Comparative Law at Columbia Law School.

The participants have been labor law professors from Europe, Japan, and the United States. The group has focused its research and …

Armstrong Academics Winter/Spring 1999, Armstrong Atlantic State University

Armstrong State University Collections: Armstrong Academics (Archived)

No abstract provided.

The Ever-Widening Gap Between The Science Of Artificial Reproductive Technology And The Laws Which Govern That Technology, Weldon E. Havins, James J. Dalessio

Law Student Scholarship

No abstract provided.

Penilaian Terhadap Keberkesanan Pelaksanaan Program Pendidikan Luar Di Sebuah Maktab Perguruan Malaysia / Adenan Bin Ahmad, Adenan Ahmad

Pre-2000 Student Works

No abstract provided.

A Case Study On Public Health Service At Peripheral Health Centers In Mauritius / Grish Gunraz Gunesh, Grish Gunraz Gunesh

Pre-2000 Student Works

No abstract provided.

University Of San Diego Football Media Guide 1999, University Of San Diego Athletics Department

Football (Men)

44 pages : illustrations, portraits ; 21.5 x 28 cm

Bulletin Of The University Of San Diego School Of Law 1999-2001, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

48 pages : illustrations, photographs ; 28 cm

Fourth World Consumer Culture: Emerging Consumer Cultures In Remote Aboriginal Communities Of North-Western Australia, Ronald George Groves

Theses: Doctorates and Masters

Over the two centuries since the arrival of European settlers in Australia, the material culture and lifestyle of the indigenous Aboriginal people of Australia has undergone dramatic change. Based on qualitative fieldwork in three remote Aboriginal communities in north-western Australia, this study examines the emergence of unique consumer cultures that appear to differ significantly from mainstream Australia and indeed from other societies. The study finds that the impact of non-indigenous goods and external cultural values upon these communities has been significant. However, although anthropologists feared some fifty years ago that Aboriginal cultural values and traditions had been destroyed, this study …