Digital Commons Network^™

How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg

Cardozo Journal of Equal Rights & Social Justice

The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Critique Of Emergent Dualism, Frank B. Dilley

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Physicalism And Panentheism: Good News And Bad News, Carl Gillett

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Exterior Accessibility Issues: A Study Of The Outdoor Spaces Connected With Housing Facilities At Louisiana State University, Frank Hardy Lewis

LSU Master's Theses

This document investigates Louisiana State University’s progress in becoming a fully accessible campus, specifically in regard to student housing and the surrounding amenities such as laundry facilities, dining facilities and recreational areas. The benchmarks used for determining this include the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Universal Design Handbook and surveys of other campuses that have made greater strides in this area. This document seeks to determine the extent to which Louisiana State University has become accessible for wheelchair users and bring to light examples of areas of difficulty in the housing cluster area. …

Jurors As Statutory Interpreters, Lawrence Solan

Faculty Scholarship

No abstract provided.

Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Domestic Violence In Legal Education And Legal Practice: A Dialogue Between Professors And Practitioners, Stacy Caplow

Faculty Scholarship

No abstract provided.

Prevocational Programming For A Dual Diagnosis Population, Brandi L. Breitbach, Apryl J. Molstad

Occupational Therapy Capstones

No abstract provided.

Electrical Stimulation For Post-Cva Individuals, Jennifer Carlson

Occupational Therapy Capstones

No abstract provided.

A Review Of The Effects Of Traumatic Brain Injury Among School Aged Children: Implications For The Occupational Therapist And Intervention Team, Amanda Claesson, Laurie Rider

Occupational Therapy Capstones

No abstract provided.

Reconceptualizing Criminal Law Defenses, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …

The New Privacy, Paul M. Schwartz, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Overseers of the Poor: Surveillance, Resistance and the Limits of Privacy John Gilliom (2001).

In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. …

Obessions And Promiscuities, Azita Osanloo

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie

All Faculty Scholarship

The growing popularity of arbitration agreements is well-documented. The academic literature on these agreements has been largely critical, arguing that they jeopardize important rights and enable employers to take unfair advantage of employees and consumers. However, standard economic analysis suggests that since these agreements are freely negotiated, they presumably increase the utility of both parties and are therefore efficient. This Article raises questions about the efficiency of such agreements in the employment context. It begins by modeling the decision-making process by which a rational employee would judge the desirability of an agreement, both after and before a dispute has arisen. …

Can Federal Agencies Authorize Private Suits Under Section 1983 - A Theoretical Approach, Brian Galle

Georgetown Law Faculty Publications and Other Works

This Article offers a few thoughts on the theory of regulatory enforcement under § 1983. Section 1983, I argue, itself authorizes federal agencies to make their regulations privately enforceable. In recent years, the Supreme Court has announced that federal norms are unenforceable in the absence of clear statutory authorization - a "clear statement rule" for private rights of action. Drawing on key tenets of modern statutory interpretation, I claim that the plain text of § 1983 allows many federal regulations to meet this test. Because § 1983 has an important function in coordinating state regulatory efforts with federal law, a …

Conspiracy Theory, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Over one-quarter of all federal criminal prosecutions and a large number of state cases involve prosecutions for conspiracy. Yet, the major scholarly articles and the bulk of prominent jurists have roundly condemned the doctrine. This Article offers a functional justification for the legal prohibition against conspiracy, centering on psychological and economic accounts. Advances in psychology over the past thirty years have demonstrated that groups cultivate a special social identity. This identity often encourages risky behavior, leads individuals to behave against their self-interest, solidifies loyalty, and facilitates harm against non-members. So, too, economists have developed sophisticated explanations for why firms promote …

Transforming Aggressive Prosecution Policies: Prioritizing Victims’ Long-Term Safety In The Prosecution Of Domestic Violence Cases, Deborah Epstein, Margret E. Bell, Lisa A. Goodman

Georgetown Law Faculty Publications and Other Works

Until fairly recently, prosecutors' offices around the country ignored domestic violence cases, failing to press charges in the vast majority of situations and dropping charges prior to conviction in many others. In the 1980s and 1990s, however, the battered women's movement made significant efforts to improve the criminal justice system's response. One way that this effort has met with substantial success is that many prosecutors' offices now have adopted aggressive "no-drop" policies for domestic violence cases. In these jurisdictions, cases proceed regardless of the victim's preferences about prosecution, even if she recants her original story and testifies for the defense.

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.

Resources Received, Phyllis Fox

The Christian Librarian

No abstract provided.

Resources Received, Phyllis Fox

The Christian Librarian

No abstract provided.

Anger And Intent For Murder: The Supreme Court Decisions In R. V. Parent, Joanne Klineberg

Osgoode Hall Law Journal

In R v. Parent, the Supreme Court of Canada recently held that intense anger alone is not, of itself, a defence to murder, although anger does play a role in reducing murder to manslaughter in connection with the defence of provocation. The Court's brief decision ignores twenty years of contrary jurisprudence and fails to provide detailed reasons for its conclusion, resulting in uncertainty about the scope and application of the decision. In this article, the author explores the relationship between anger and intent for murder, and outlines some possible arguments the Court could have relied on that would have provided …

One Inspiring Jury, Phoebe C. Ellsworth

Reviews

Americans love to complain about the jury. They complain about being called for jury duty. They complain about jury verdicts in highly publicized cases. They are outraged by the failure to convict "obviously guilty" criminals, such as the police officers in the cases of Rodney King and Amadou Diallo, the Menendez brothers in their first trial, and of course O.J. Simpson. In civil cases, they are appalled when plaintiffs win huge damage awards in "obviously frivolous" lawsuits. Juries are ignorant and uneducated, juries are gullible, juries are swayed by passion and prejudice rather than reason. Criticizing jury verdicts allows us …

Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog

Reviews

The explosion of primary texts from seven- teenth-century England continues to trigger an explosion of scholarly treatments today. For good reason, too: Lots of the primary texts are amazing, and not just those tired old warhors- es, Hobbes's Leviathan and Locke's Second Treatise. As fun and challenging as the primary texts are, you are forgiven a touch of skepticism if you wonder just what the latest author has to add to our understanding. You might redouble your skepticism if you just glance at Mark Stephen Jendrysik's table of contents, offering chapters on Winstanley, Milton, Cromwell, Filmer, and Hobbes, and zeroing …

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Ariadne At The Movies, John Dilworth

Contemporary Aesthetics (Journal Archive)

Films are usually assumed to be types, with their templates or performances being tokens of those types. However, I give a counter-example in which two different films are simultaneously made by different directors, with the outcome of this process being a single template length of film which, I claim, embodies both of those films. But no two types could thus have a token in common, and hence type views of films must be incorrect. I further explain and defend the legitimacy of the example, and conclude by offering an alternative, representational view of the nature of films that can also …

Supporting Patriarchy And Consumerism Through Sex Rhetoric: Power, Foucault And Sex And The City, Alyson Chace Arnold

Open Access Master's Theses

As Americans seek identification through the media, Foucault's "bio-power" extends the power of patriarchy and consumerism through gender prescriptions. A study of modern sexuality discourses can show what those prescriptions are and how the current power-knowledge regimes are maintained by them. This paper focuses on the aspects of Foucault's theories on power that deal with gender and sexuality discourses, explicating the cable show Sex and the City to discuss its role in the perpetuation of the status quo of patriarchy and consumerism through gendered identities. The paper also identifies aspects of the show that reveal a progressive pattern of resistance …

Development And Validation Of Transtheoretical Measures For College Student Spiritual Expression, John A. Ward

Open Access Dissertations

The study of the use of religious techniques in counseling and religious/spiritual expression has gained increased attention in research literature over the last 15-20 years. Psychologists are becoming increasingly accepting of the role of religious techniques in counseling and the role of religious/spiritual expression in human development. However, most agree that the research base needs to be more inclusive and expanded. When religion is the focus of investigation in college student populations, most attention is focused on religious beliefs and practices, and changes in beliefs over the course of the college experience. The transtheoretical model (TTM) is an integrative model …

Nurses' Experiences Of Moving From Cure-Oriented To Comfort-Oriented Care In The Medical Intensive Care Unit Setting, James Mark Badger

Open Access Dissertations

Medical intensive care unit (MICU) nurses often struggle to balance technological competence, task proficiency, and attention to the psychosocial needs of patients. They routinely are involved in negotiations to maintain or withdraw life-support. Knowledge is limited, however, on how nurses move from aggressively attempting to extend life to letting life end. The purpose of this qualitative research investigation was to explore nurses' experiences of moving from cure-oriented to comfort-oriented care in the MICU setting. The use of a descriptive qualitative research design with brief selective participant observation and focus group interviews was used to capture the nurses' experiences. The study …

Personalizing The School Environment: Teacher-Based Advisory Programs That Support Student Adjustment And Academic Outcomes, Caroline Johnson Caswell

Open Access Dissertations

This study attempts to look at middle school teacher-based advisory programs in sixteen states across the nation. Over 200 schools were surveyed with analyses from administrator, teacher, and student responses. Regression analyses were conducted on a hierarchical basis with respect to school location, advisory structure (length and duration of advisory programs), advisory practices (academic and career issues, parental contact, individual meetings with students, study hall projects, linkages to guidance and health, leadership, and adjustment and health issues), teacher attitudes (job role strain, job satisfaction, parental contact, burnout total, and school climate), and student experiences (anxiety, depression, recognition, school transition, teacher …