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Dynamical Evolutionary Psychology: Individual Decision Rules And Emergent Social Norms, Douglas T. Kenrick, Norman P. Li, Jonathan Butner

Research Collection School of Social Sciences

A new theory integrating evolutionary and dynamical approaches is proposed. Following evolutionary models, psychological mechanisms are conceived as conditional decision rules designed to address fundamental problems confronted by human ancestors, with qualitatively different decision rules serving different problem domains and individual differences in decision rules as a function of adaptive and random variation. Following dynamical models, decision mechanisms within individuals are assumed to unfold in dynamic interplay with decision mechanisms of others in social networks. Decision mechanisms in different domains have different dynamic outcomes and lead to different sociospatial geometries. Three series of simulations examining trade-offs in cooperation and mating …

Comments On The European Commission’S Draft Proposal For A Council Regulation On The Law Applicable To Non-Contractual Obligations (Hamburg Group For Private International Law), Ralf Michaels

Faculty Scholarship

No abstract provided.

Family Research Council And Roe V. Wade, Gerard V. Bradley

Journal Articles

Thirty years ago in Roe v. Wade the Supreme Court launched what it hoped would be a cultural revolution. Here are the inaugural words: "The right of privacy...is broad enough to encompass a woman's decision whether or not to terminate a pregnancy".

The revolution has progressed rapidly. The counter-strategies tried so far have been ineffective: we are no closer to overruling Roe than in 1973; the abortion liberty occupies an organizing place in our culture and politics; the number of abortions annually has remained remarkably steady over three decades.

La Doctrine Americaine Et L'Intervention En Iraq, Mary Ellen O'Connell

Journal Articles

In the days following the September 11 attacks on the United States, members of the Bush administration called for war against Iraq. When this call led to the development of an invasion plan, American legal scholars debated the legal arguments in favor of the war. By the time Operation Iraqi Freedom began on March 19, 2003, legal opinions fell into four categories:

- the invasion of Iraq is legal because there is no "viable" rule prohibiting the use of force;

- the invasion is legal because it was authorized by the Security Council and/or because it constitutes an exercise of …

Who Helps The Hegemon?, Mary Ellen O'Connell

Journal Articles

Is the nature of the international legal system changing? Do we see developments in international relations that challenge the core concepts of international law, rendering the law dys-or non-functional. Professor Karl Zemanek sees indicators of just such change. He writes to arouse our attention to the dangers, urging us to act before it is too late. Professor Zemanek sees the United States tending toward hegemony or even imperialism and argues that these tendencies are already changing international law. I share his concerns for the ultimate health of international law, but urge a broader look at the dangers. Focus should be …

Re-Leashing The Dogs Of War, Mary Ellen O'Connell

Journal Articles

Book review of International Law and the Use of Force. By Christine Gray. New York: Oxford University Press, 2000.

Small Differences?, Barry Cushman

Journal Articles

This article is response to Professor Freideman's critique of Professor Cushman's differences with Professor Friedman concerning the interpretation of individual precedents of twentieth-century decisions.

The Lame Ducks Of Marbury, John Copeland Nagle

Journal Articles

The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the …

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Journal Articles

One of the most important challenges to lawyers and clients is addressing issues that are not controlled by law. Will the client take steps (legal steps) that will harm other people? Will the officers of a corporation consider the effects of its actions on workers, on consumers, on the community, on the environment? In a divorce, will the client take actions that will harm a child or spouse? What role should the lawyer play regarding these questions? The way lawyers address such issues may do more to determine whether their practice is socially useful or socially harmful than any rule …

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Journal Articles

Recent reports recognize that children and adolescents with undiagnosed mental illnesses make up a significant proportion of youth in the juvenile justice system. In determining how to rehabilitate youth in the juvenile justice system, judges, lawyers, and probation officers are starting to look at mental health problems as one element contributing to delinquent behavior. It is becoming more common for attorneys to request “mental health assessments” for their juvenile clients. Problems arise, however, in determining what specifically constitutes such an assessment, and in deciding what to do with this information once it is obtained. In 2001, the Illinois Cook County …

Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig

Journal Articles

I deeply wish to see more good empirical work in family law. If our system had all of the money in the world, I would wish to spend it to guarantee happy, healthy children. But since resources are scarce, and children's issues must compete with other interests that range from national security to care for the elderly, I would suggest spending a relatively modest amount to determine what programs would likely prove successful.

Usually public policy follows from the wishes of adults. In family law, this occurs although virtually all the legislation dealing with families and children begins with a …

Stare Decisis And Due Process, Amy Coney Barrett

Journal Articles

In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, on occasion, slides into unconstitutionality. The Due Process Clause requires that a court give a person notice and an opportunity for a hearing before depriving her of life, liberty or property. Because of this requirement, courts have held in the context of issue preclusion that as a general rule, judicial determinations can bind only parties. The preclusion literature asserts that this parties only requirement does not apply to stare decisis because stare decisis, in contrast to issue preclusion, is a flexible doctrine. Yet stare decisis …

Pope John Paul Ii And The Dignity Of The Human Being, John J. Coughlin

Journal Articles

Since his election in 1978 as the Successor to the Apostle Peter, His Holiness Pope John Paul II has remained one of the principal protagonists on the global stage for the dignity and value of every human being. Although the popular press and media sometimes have been slow to recognize this message, an online search of the Holy Father's copious encyclicals, addresses, and homilies reveals that he has advocated human dignity literally hundreds of times during the course of his twenty-five year pontificate. In fact, long before his election as Pope, Karol Wojtyla was developing his understanding of the dignity …

Retribution: The Central Aim Of Punishment, Gerard V. Bradley

Journal Articles

When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand required …

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett

Journal Articles

Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October …

From Conquest To Constitutions: Retrieving A Latin American Tradition Of The Idea Of Human Rights, Paolo G. Carozza

Journal Articles

This article explores the historical roots of the Latin American region's strong commitment to the idea of universal human rights, focusing on four key intellectual moments: the ethical response to the Spanish conquest; the rights ideology of the continent's liberal republican revolutions; the articulation of social and economic rights in the Mexican Constitution of 1917; and the Latin American contributions to the genesis of the Universal Declaration of Human Rights. Constructing a narrative from these examples, the article argues for the recognition of a distinct Latin American tradition within the global discourse of human rights.

Leadership Development: Continuous Improvement Through Character Assessment, Robert Scott Clark Edd

Dissertations

One of the keys to personal development is self-awareness as assessed by instruments such as the Myers-Briggs Type Indicator (MBTI) and the NEO PI-R, both of which are widely accepted reliable and valid indicators and measures of personality type. However, assessing the part of personality known as character presents challenges that are not adequately addressed by today's popular instruments leaving information needed for development incomplete or unavailable. An instrument that provides a reliable and valid assessment of character for leadership and personal development purposes could be very valuable. Qualitative methods were used for this study to investigate leaders' perceptions of …

A Study Of Technology Implementation In Two School Districts: The Dynamics Of Leadership And Change, Rebecca D. Gillespie Edd, Ma, Ba

Dissertations

This qualitative case study investigated the role administrative leadership plays in organizational change related to the infusion of technology into district programs and pedagogical practices. School districts have been engaged in a struggle to incorporate new generations of technological advancements in meaningful ways for their students. Instructional reform and measurable performance-based outcomes are frequently conflated with the pressure to implement effective technology programs that ensure the No Child Left Behind federal mandates are met while ensuring judicious use of district funds. While technology has the potential to transform the educational process, it must align with the cultural uniqueness of the …

Making The Transition From The Field To The Classroom: The Experiences Of Novice Health Care Instructors At Private Career Colleges, Lezlee Haroun Edd

Dissertations

Health care instructors at private career colleges are responsible for training thousands of health services workers who enter the American work force annually. The number of students seeking health care occupational training at career colleges is expected to increase significantly during the next decade because the health service industry is the fastest growing section of the United States economy. At the same time, the public education system does not have the capacity to fully accommodate the future population of students seeking the postsecondary education required for these jobs. Instructors at private career colleges are typically hired directly from professional positions …

Perceptions Of Principal Effectiveness And Teacher Morale: A Study Of Public Secondary School Teachers On Guam, Michelle M.S. Santos Edd

Dissertations

For more than a decade, the public schools on Guam have suffered from low student test scores, high turnover rates and low levels of teacher morale. Although there may be many explanations for this persistent problem, an important part of any solution is improving the overall level of teacher morale, which of course, can be influenced in many ways by the actions of the principal. In an effort to determine both the level of teacher morale among secondary school teachers on Guam as well as the factors that may help explain it, including the perceived level of principal effectiveness, this …

Insurance Coverage Settlements And The Rights Of Excess Insurers, John F. O'Connor

Maryland Law Review

No abstract provided.

Law And Macroeconomics Of The New Deal At 70 , Steven A. Ramirez

Maryland Law Review

No abstract provided.

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow

Maryland Law Review

No abstract provided.

Glover V. State: A Misinterpretation And Misapplication Of The Barker Speedy Trial Balancing Test Results In The Weakening Of A Criminal Defendant's Right To A Prompt Trial, Christopher S. Elmore

Maryland Law Review

No abstract provided.

An Open Debate On United States Citizens Designated As Enemy Combatants: Where Do We Go From Here?, Michael Beattie, Lisa Yonka Stevens

Maryland Law Review

No abstract provided.

A Normative Analysis Of The Rights And Duties Of Law Professors To Speak Out, Robert R. Kuehn

Scholarship@WashULaw

As lawyers and members of a profession dedicated to equal justice under law and public service, many law professors have stepped out of the classroom and out of traditional academic scholarship to address perceived injustices in society through efforts such as pro bono litigation and legislative drafting. However, the amount of legally-related public service work by law professors is thought to be quite modest. This article analyzes the normative bases for the rights and duties of law professors to speak out on issues of public concern. It addresses laws that affect the right of a law professor to participate in …

Millennium (2003)

Millennium, 1997-2005

VCU's literary and arts magazine.

Virginia Dental Journal (Vol. 80, No. 4, 2003)

Virginia Dental Journal

No abstract provided.

On The Proper Motives Of Corporate Directors (Or, Why You Don't Want To Invite Homo Economicus To Join Your Board), Lynn A. Stout

Cornell Law Faculty Publications

One of the most important questions in corporate governance is how directors of public corporations can be motivated to serve the interests of the firm. Directors frequently hold only small stakes in the companies they manage. Moreover, a variety of legal rules and contractual arrangements insulate them from liability for business failures. Why then should we expect them to do a good job?

Conventional corporate scholarship has great difficulty wrestling with this question, in large part because conventional scholarship usually adopts the economist's assumption that directors are rational actors motivated purely by self-interest. This homo economicus model of behavior may …

Designing Judicial Review: A Comment On Schauer, Emily Sherwin

Cornell Law Faculty Publications

In his characteristically lucid paper, Neutrality and Judicial Review, Frederick Schauer revisits the meaning and plausibility of Herbert Wechsler’s argument for neutral principles in constitutional adjudication. Unlike some critics, Schauer takes the argument seriously, on its own terms, and does an excellent job of sorting through the different ideas that lie behind it. Schauer identifies four different versions of the argument for neutrality. At least three of these are drawn from Wechsler’s 1959 article. Schauer is particularly interested in a fourth version, which favors neutrality in the design and management of the institution of judicial review.