Digital Commons Network^™

Tort Reformers Score Class Action Victory, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.

Monstrous Impersonation: A Critique Of Consent-Based Justifications For Hard Paternalism, Thaddeus Mason Pope

Faculty Scholarship

Restricting a person's substantially voluntary, self-regarding conduct primarily for the sake of that person is hard paternalism. Particularly in the public health context, scholars, legislators, and judges are devoting increasing attention to discussing the conditions and circumstances under which hard paternalism is justified. One popular type of argument for the justifiability of hard paternalism takes its normative warrant from the consent of the restricted person.

In this Article, I argue that scholars and policymakers should abandon consent-based arguments for the justifiability of hard paternalism. Such arguments are torn between incoherence and lacking moral force. Very few consent-based arguments successfully resolve …

Is Public Health Paternalism Really Never Justified? A Response To Joel Feinberg, Thaddeus Mason Pope

Faculty Scholarship

n the preeminent scholarly legal treatise on paternalism, The Moral Limits of the Criminal Law: Harm to Self, Joel Feinberg argues that hard paternalism is never justified because it is superfluous; all reasonable restriction of self-regarding conduct can be justified on (more palatable) soft paternalistic grounds.

In this article, I argue that Feinberg's strategy seems to work only because he "stretches" soft paternalism to justify liberty limitation that is properly described as hard paternalism. I expose Feinberg's strained appeals, and argue for honesty and transparency regarding the bases for paternalistic liberty limitation. If the rationale for public health restrictions on …

Experiences Of Adults Abused As Children After Discharge From Inpatient Treatment: Informal Social Support And Self-Care Practices Related To Trauma Recovery, Carol A. Stalker, Kim Harper, Sally Palmer, Susan Gadbois

Lyle S. Hallman Social Work Faculty Publications

This qualitative study explored adults’ perceptions of experiences that were helpful and unhelpful to their recovery from the traumatic effects of childhood physical and sexual abuse. The authors conducted in-depth interviews with 30 participants approximately 6 months after discharge from an inpatient trauma treatment program. Participants reported that barriers to recovery postdischarge were lack of follow-up support immediately after discharge, social isolation, lack of friends, problems with partners, and lack of emotional support from family members. Facilitating factors were concrete support from family and friends; emotional support, particularly from friends; developing a social network unrelated to the abuse history; and …

General Dynamics Land Systems, Inc. V. Cline: Shrinking The Realm Of Possibility For Reverse Age Discrimination Suits, Rebecca L. Ennis

University of Richmond Law Review

No abstract provided.

Amici Curiae In The Federal Courts Of Appeals: How Friendly Are They, John Harrington

Case Western Reserve Law Review

No abstract provided.

Protecting The "Right" To Choose Of Women Who Are Incompetent: Ethical, Doctrinal, And Practical Arguments Against Fetal Representation, Catherine M. French

Case Western Reserve Law Review

No abstract provided.

First And Second Majors In Baccalaureate Programs Fall Semesters, 1991-2004, University Of New Hampshire. Institutional Research And Assessment

UNH Factbooks

University of New Hampshire factbook data from the 2004-2005 academic year

The Turkish Foreign Aid Program: A Helping Hand Or A Snake Infested Olive Branch, Aisha T Bigbee

UNLV Retrospective Theses & Dissertations

Turkey's long-standing struggle to fulfill the ideas of Kemalism has led to a long-standing dedication to help "heal" an ailing region and its often acting as an intermediate between Western powers and the Middle East. Turkey is at the strategic meeting point of Asia, Europe, and the Middle East. Turkey has a unique blend of secular democracy and Islamic society that makes it a vital asset to both the West and Islamist radicalism. As a result, Turkey's foreign aid program was developed in the last decade to primarily focus on the objectives of fostering a stable platform in Central Asia, …

Recentism In Environmental History On Latin America, Andrew Sluyter

Faculty Publications

No abstract provided.

L'Avocat : 2005, Louisiana State University Law Center

L’Avocat : The Louisiana State University Law Center Yearbooks

No abstract provided.

The Forest Service's Quest For Power And Money: Implications Of A Budget-Maximizing Agency, Allison M. Stewart

Honors Theses

The Forest Service manages land for a diverse array of purposes under the Multiple Use Doctrine. Many of these uses are incompatible and lead to conflict The goal of my research is to explain what guides the Forest Service's management decisions, since this is critical to understanding how conflicts are resolved, .and uncover alternative approaches that better protect the environment.

In this paper, I present a brief history of the Forest Service's management over the past century. Particular attention is given to explaining trends in timber and recreation management. Following the historical presentation, I attempt to identify a set of …

The Continuous Struggle For Representation In The Venezuelan State, Gabriel Reyes

Honors Theses

One definition of democratic participation is a process whereby citizens influence or control those who make major decisions affecting them. Throughout Venezuela’s history, citizens have suffered under governments that aimed to limit their participation in the state. This research argues that the current Chávez regime, though seeking to concentrate power for itself in the executive branch, has also forged a space for democratic participation through its Barrio Adentro program.

In its introductory chapter, this paper examines Venezuela’s political development through a comparative lens and aims to situate Barrio Adentro within the country’s unique history. First, it shows how the political …

Ay 2004/2005 Bylaws Committee Roster, Faculty Senate

Faculty Senate Archives

No abstract provided.

The Return Of Federal Judicial Discretion In Criminal Sentencing, Susan R. Klein

Valparaiso University Law Review

No abstract provided.

Monitor Newsletter Monthly, January 2005, Bowling Green State University

Monitor

Official Publication of Bowling Green State University for Faculty and Staff

Justice Clarence Thomas And Incommunicado Detention: Justifications And Risks, Christopher E. Smith, Cheryl D. Lema

Valparaiso University Law Review

No abstract provided.

From Helping To Hoarding To Hurting: When The Acts Of "Good Samaritans" Become Felony Animal Cruelty, Lisa Avery

Valparaiso University Law Review

No abstract provided.

Sex Discrimination In The Legal Profession: Historical And Contemporary Perspectives, Audrey Wolfson Latourette

Valparaiso University Law Review

No abstract provided.

Reparation Rights Tax Relief Restores Human Rights As A Civil Right In Tax Tort Reform, Laura A. Quigley

Valparaiso University Law Review

No abstract provided.

Does The Establishment Clause Require Religion To Be Confined To The Private Sphere?, Kevin Pybas

Valparaiso University Law Review

No abstract provided.

My Father's Eyes And My Mother's Heart: The Due Process Rights Of The Next Of Kin In Organ Donation, Kathryn E. Peterson

Valparaiso University Law Review

No abstract provided.

Loved And Lost: Breathing Life Into The Rights Of Noncustodial Parents, Theresa E. Ellis

Valparaiso University Law Review

No abstract provided.

Utb/Tsc Residential Life Handbook 2004-2005, University Of Texas At Brownsville And Texas Southmost College. Student Affairs

Student Handbooks (UTB/UTPA)

No abstract provided.

Utb/Tsc Graduate Catalog 2005-2007, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Course Catalogs

No abstract provided.

The Age 60 Rule - It Is Time To Defeat It, Geneve Dubois

Journal of Air Law and Commerce

No abstract provided.

Treatment Of Posttraumatic Stress Disorder Claims Under The Warsaw Convention, Don G. Rushing, William D. Janicki

Journal of Air Law and Commerce

No abstract provided.

The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson

Michigan Journal of Race and Law

Part I of this Article uses a quasi-parable, in which Dorothy Brown is a Tibetan Master who teaches law students CRT Kung Fu, the monastic fighting skills by which they will acquire the Shadow's mystical insight to "know" the heart of the first-year curriculum. Part II challenges the organizing principles and content on which Brown's Critical Race Theory purports to critically interrogate traditional legal doctrine, applying a New Age Philosophical critique as well as agency theory to crack dealing in Spanish Harlem. I use this case study to argue that crack dealers deliberately and purposefully choose extra-legal economic opportunities, even …

Vultures In Eagles' Clothing: Conspiracy And Racial Fantasy In Populist Legal Thought, Angela P. Harris

Michigan Journal of Race and Law

This Article has three interrelated aims. First, I will briefly describe the online world of the legal populists. My second aim in this Article is to give an account of legal populism that connects it with the American tradition of conspiracy theory and with the political consciousness of survivalism. My third and final aim in this Article is to examine, as David Williams has done in a wonderful series of articles, the relationship between the nation dreamed of by many legal populists and the one inhabited by state-sanctioned legal insiders.

Justifying The Disparate Impact Standard Under A Theory Of Equal Citizenship, Rebecca S. Giltner

Michigan Journal of Race and Law

Part I of this Note outlines the limitations on congressional power under Section V and their implications for justifying the constitutionality of the disparate impact standard. Part II explores the prohibition of intentional discrimination as a justification for the disparate impact standard and argues that justifying the disparate impact standard through this theory, as some courts currently do, may eventually narrow disparate impact doctrine and thus constrain the possibilities for substantive equality in employment. This Part also analogizes the limits of using an intentional discrimination rationale to justify the disparate impact standard to the limits of using the diversity rationale …