Digital Commons Network^™

The Rich Have More Money, George J. Annas

Faculty Scholarship

Review of Ethics, Equity and Health for All, by Z. Bankowski, J. H. Bryant, and J. Gallagher, eds. (Geneva: CIOMS, 1997)

Securitizing Insurance Risks, Tamar Frankel, Joseph W. Laplume

Faculty Scholarship

This Article analyzes and evaluates the legal problems that have arisen in connection with this rapidly developing insurance risk securitization. The first part of the Article deals with legal issues concerning the SPVs that undertake insurance and reinsurance contracts with ceding insurers and the other parties to the transaction. The Article addresses the dilemma in choosing the laws applicable to SPVs, the bonds they issue, and the persons and entities that form part of the securitization transaction. These laws involve state insurance laws, bankruptcy and tax laws, the Investment Company Act of 1940 and the Commodity Exchange Act of 1934, …

Even Start Family Literacy Program's Effects For Parents: Why Do They Participate?, Deborah A. Farrer

Graduate Theses, Dissertations, and Problem Reports (ETD)

Parents are recognized as the first and most important teachers of their children and their influence on children has been well documented. The Even Start Family Literacy program targets both parents and children fostering a home-school-community partnership of shared authority and responsibility for the educational development of children and adults. The purpose of the present study was to examine parents who participated in the Even Start program in terms of results/effectiveness of the program for them and in turn for their families. The investigation was an attempt to unveil the effects of the Even Start program on the parents in …

Illinois State Scholar, Vol. 10 (2000), Office Of The Provost, Illinois State University

Redbird Scholar

No abstract provided.

Environmental Justice And Natural Areas Protection Trends & Insight, Michael B. Gerrard

Faculty Scholarship

There are 3,119,963 square miles in the continental United States. That sounds like plenty of space to put just about anything. However, when the facility seeking a home is environmentally controversial, finding even one square mile can seem almost impossible.

This country is now in its third major era in making siting decisions. The first era – unconstrained siting – lasted until the late 1960s. Then began the second era – protecting natural areas. In the early 1990s, we embarked upon a third era – environmental justice. The growing tensions between protecting natural areas and achieving environmental justice suggest that …

The Legal Construction Of Adolescence, Elizabeth S. Scott

Faculty Scholarship

American lawmakers have had relatively clear images of childhood and adulthood-images that fit with our conventional notions. Children are innocent beings, who are dependent, vulnerable, and incapable of making competent decisions. Several aspects of the legal regulation of childhood are based on this account. Children are assumed not to be accountable for their choices or for their behavior, an assumption that is reflected in legal policy toward their criminal conduct. They are also assumed to be unable to exercise the rights and privileges that adults enjoy, and thus are not permitted to vote, drive, or make their own medical decisions. …

Localism And Regionalism, Richard Briffault

Faculty Scholarship

Localism and regionalism are normally seen as contrasting, indeed conflicting, conceptions of metropolitan area governance. Localism in this context refers to the view that the existing system of a large number of relatively small governments wielding power over such critical matters as local land use regulation, local taxation, and the financing of local public services ought to be preserved. The meaning of regionalism is less clearly defined and proposals for regional governance vary widely, but most advocates of regionalism would shift some authority from local governments, restrict local autonomy, or, at the very least, constrain the ability of local governments …

Capital Attrition: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffery Fagan, Valerie West, Jonathan Lloyd

Faculty Scholarship

Americans seem to be of two minds about the death penalty. In the last several years, the overall number of executions has risen steeply, reaching a fifty year high this year. Although two-thirds of the public support the penalty, this figure represents a sharp decline from the four-fifths of the population that endorsed the death penalty only six years ago, leaving support for capital punishment at a twenty year low. When life without parole is offered as an alternative, support for the penalty drops even more – often below a majority. Grants of executive clemency reached a twenty year high …

Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel

Faculty Scholarship

Despite the continuing "war on drugs," the last decade has witnessed the creation and nationwide spread of a remarkable set of institutions, drug treatment courts. In drug treatment court, a criminal defendant pleads guilty or otherwise accepts responsibility for a charged offense and accepts placement in a court-mandated program of drug treatment. The judge and court personnel closely monitor the defendant's performance in the program and the program's capacity to serve the mandated client. The federal government and national associations in turn monitor the local drug treatment courts and disseminate successful practices. The ensemble of institutions, monitoring, and pooling exemplifies …

Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffery Fagan, Garth Davies

Faculty Scholarship

Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggest that neighborhoods with greater concentration of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, although disorder theory informs quality of life policing strategies, patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels, and extent of social disorganization are stronger predictors of race- and crime-specific stops. Accordingly, neighborhood "street stop" activity reflects competing assumptions and meanings of policing strategy. Furthermore, looking …

Free Speech And Expertise: Administrative Censorship And The Birth Of The Modern First Amendment, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams

Faculty Scholarship

No abstract provided.

A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West

Faculty Scholarship

There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.

Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …

Foreword: The Future Of The Profession, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Mental And Behavioral Disturbances In Dementia: Findings From The Cache County Study On Memory In Aging, Constantine G. Lyketsos, Martin Steinberg, Joann T. Tschanz, Maria C. Norton, David C. Steffens, John C. S. Breitner

Psychology Faculty Publications

OBJECTIVE: The authors report findings from a study of 5,092 community residents who constituted 90% of the elderly resident population of Cache County, Utah. METHOD: The 5,092 participants, who were 65 years old or older, were screened for dementia. Based on the results of this screen, 1,002 participants (329 with dementia and 673 without dementia) underwent comprehensive neuropsychiatric examinations and were rated on the Neuropsychiatric Inventory, a widely used method for ascertainment and classification of dementia-associated mental and behavioral disturbances. RESULTS: Of the 329 participants with dementia, 214 (65%) had Alzheimer’s disease, 62 (19%) had vascular dementia, and 53 (16%) …

The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth, R. Franklin Balotti, David C. Mcbride, Edward P. Welch

Faculty Scholarship

MR. BALOTTI: Good afternoon. My name is Frank Balotti and I've been asked to be the moderator for this afternoon's program. And one of the privileges that I get is to introduce the panel and to call them up to speak in some kind of order, I hope. And I hope that you and the audience will participate by asking questions towards the end of our panel and get involved in the discussion which we hope to promote.

The topic for this afternoon's panel is a scholar's approach to corporation law. And we are fortunate to have some scholars with …

Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

The Landscape Of Constitutional Property, Thomas W. Merrill

Faculty Scholarship

The Constitution contains two clauses that protect persons against governmental interference with their property. The Due Process Clause provides that "No person shall ... be deprived of life, liberty, or property, without due process of law." The Takings Clause adds, "nor shall private property be taken for public use, without just compensation." Both provisions appear to impose a threshold condition that a claimant have some "property" at stake before the protections associated with the Clause apply. Thus, under the Due Process Clause, it would seem that a claimant must have an interest in "property" (or in "life" or "liberty") before …

Critical Approaches To Property Institutions, Michael A. Heller

Faculty Scholarship

Private property is a rather elusive concept. Any kid knows what it means for something to be mine or yours, but grownup legal theorists get flustered when they try to pin down the term. Typically they, actually we, turn to a familiar analytic toolkit: including, for example, Blackstone's image of private property as "sole and despotic dominion"; Hardin's metaphor of the "tragedy of the commons"; and, more generally, the division of ownership into a trilogy of private, commons, and state forms. While each analytic tool has a distinguished pedigree and certain present usefulness, each also imposes a cost because it …

The President And Choices Not To Enforce, Peter L. Strauss

Faculty Scholarship

The executive branch is often called upon to assess how a particular statute it is charged to administer fits within the larger framework of the law. Professor Dawn Johnsen's thoughtful analysis addresses an important subset of these challenges: situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced. My purpose here is to explore the context of executive non-enforcement more broadly, in a way that may help in understanding the particular problem she addresses.

Issues of constitutional structure and function are among the most daunting …

Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman

Faculty Scholarship

No abstract provided.

Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill

Scholarship@WashULaw

This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.

How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian

Scholarship@WashULaw

Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …

Faculty Publications 1999, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 871 publications.

Stamper, Silviania "Silvia" Book 4, Carter County Genealogical Society

Carter County Genealogy Collection

Genealogy of the Silviania 'Silvia' Stamper Fultz family in Carter County, Kentucky. Silvia is the second child of John R. 'Pewter John' and Sarah 'Sallie' Stamper

Stamper, Silviania "Silvia" Book 3, Carter County Genealogical Society

Carter County Genealogy Collection

Genealogy of the Silviania 'Silvia' Stamper Fultz family in Carter County, Kentucky. Silvia is the second child of James W. 'Pewter John' and Sarah 'Sallie' Stamper

Stamper County Death Certificates, Carter County Genealogical Society

Carter County Genealogy Collection

Stamper family, from Carter County, Kentucky, death certificates.

The Relationship Between Trait Anxiety And Goal Orientation Among Starting And Non-Starting College Football Players., Eric Limegrover

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to examine the relationships between trait anxiety and goal orientation in starting and non-starting college football players. One hundred and fifty-two volunteer male participants from Carnegie Mellon, Duquesne and Fairmont State took part in the study. The sample consisted of three National Collegiate Athletic Association (NCAA) football divisions (i.e., IAA, II, III). All participants completed the Sport Anxiety Scale (SAS; Smith, Smoll, & Shultz, 1990), the Task and Ego Orientation in Sport Questionnaire (TEOSQ; Duda & Nicholls, 1992), and a Demographic Questionnaire. A 2 X 2 MANOVA and three 2 X 2 ANOVAs were …

Lds Life Tables: A Comparison Of Long-Lived Populations, Christopher R. Layton

Theses and Dissertations

This research estimates the life expectancy of members of the Church of Jesus Christ of Latter-day Saints (LDS) in Utah. We create gender-specific life tables for four groups: total Utah, active LDS, less-active LDS, and non-LDS. Male life tables are based on data from 1991-1995; female life tables are based on data from 1994-1998. Life expectancy at birth is 75 years for all utah males, 79.8 years for active LDS Utah males, 71.6 years for less active LDS Utah males, and 71.5 years for non-LDS Utah males. Female life expectancy at birth is 80.4 years for all Utah females, 83.9 …

Identification And Characterization Of A Bacteriophage Of Borrelia Burgdorferi, Christian H. Eggers

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.