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2005

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Jaycees Reconsidered: Judge Richard S. Arnold And The Freedom Of Association, Richard W. Garnett Jan 2005

Jaycees Reconsidered: Judge Richard S. Arnold And The Freedom Of Association, Richard W. Garnett

Journal Articles

In Roberts v. United States Jaycees, the Supreme Court reversed Judge Richard S. Arnold's decision for the Court of Appeals and held­ - without dissent - that the First Amendment did not shield the Jaycees' men-only membership policy from the non-discrimination requirements of the Minnesota Human Rights Act. The claim in this essay is that Judge Arnold's position and decision in the Jaycees case deserved, and still deserve, more thoughtful and sympathetic treatment. Even some of Judge Arnold's many friends and fans tend to treat as something of an embarrassing lapse or anomalous error his conclusion in that case that, …

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Unhappy Contracts: The Case Of Divorce Settlements, Margaret F. Brinig Jan 2005

Unhappy Contracts: The Case Of Divorce Settlements, Margaret F. Brinig

Journal Articles

This paper examines a particular type of contracts that is, sadly, increasingly frequent: the agreements produced by divorcing couples. They are unhappy contracts, agreements produced as a necessary part of exit from what is now suboptimal marriage. They are virtually required by many states and are, in theory at least, closely monitored by courts since, when children are involved, they will be incorporated into court orders.What parties to unhappy contracts do is attempt to minimize losses, rather than maximize gain. How are contracts structured that will do this, and how does a difference in the size or power of the …

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Time Is Money--But Is It Compensable Work? An Analysis Of Ibp, Inc. V. Alvarez, Barbara J. Fick Jan 2005

Time Is Money--But Is It Compensable Work? An Analysis Of Ibp, Inc. V. Alvarez, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case IBP, Inc. v. Alvarez, 546 U.S. 21 (2005). The issues raised in that case were: Is the time employees spend walking and waiting in line during the process of donning and doffing required safety equipment considered compensable work such that employers must pay them for that time?

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The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead Jan 2005

The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead

Journal Articles

A survey of the commentary following the conclusion of the Theresa Marie Schiavo matter leaves one with the impression that the case was a victory for the cause of autonomy and the right of self-determination in the end-of-life context. In this essay, I seek to challenge this thesis and demonstrate that, contrary to popular understanding, it is the defenders of autonomy and self-determination who should be most troubled by what transpired in the Schiavo case. In support of this claim, I will first set forth (in cursory fashion) the underlying aim of the defenders of autonomy in this context. Then, …

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Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead Jan 2005

Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead

Journal Articles

The debate over both cloning and stem cell research has been intense and polarizing. It played a significant role in the recently completed presidential campaign, mentioned by both candidates on the stump, at both parties' conventions, and was even taken up directly during one of the presidential debates. The topic has been discussed and debated almost continuously by the members of the legal, scientific, medical, and public policy commentariat. I believe that it is a heartening tribute to our national polity that such a complex moral, ethical, and scientific issue has become a central focus of our political discourse. But, …

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The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead Jan 2005

The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead

Journal Articles

The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels of office …

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Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett Jan 2005

Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett

Journal Articles

There is nothing new in the United Kingdom about either the threat of terrorism or a legal response to it. For almost one hundred and fifty years, the troubled spectre of Irish politics has haunted mainland Britain and produced a variety of reactions, some worth noting and others richly deserving oblivion. In surveying the legislation it is important to bear in mind that the events of September 11, 2001 did not immediately bring about any dramatic change in the legislation directed to anti-terrorism. Most of it was already there. Having said that, the events of 9/11 have certainly had an …

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Relocating Disorder, Nicole Stelle Garnett Jan 2005

Relocating Disorder, Nicole Stelle Garnett

Journal Articles

Judicial challenges to order-maintenance policing apparently are leading some city officials to adapt the tools of property regulation to a task traditionally reserved for the police - the control of disorderly people. Examples of efforts to regulate disorder, ex ante, through land-management strategies include homeless campuses that centralize housing and social services, neighborhood exclusion zone policies that empower local officials to exclude disorderly individuals from struggling communities, and the selective targeting of inner-city neighborhoods for aggressive property inspections. These tactics employ different management techniques - some concentrate disorder and others disperse it - but they have same goal: to relocate …

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Rights And The Need For Objective Moral Limits, Charles E. Rice Jan 2005

Rights And The Need For Objective Moral Limits, Charles E. Rice

Journal Articles

In this article, we will examine the natural law conception that rights are rooted in human nature, which nature itself is of divine origin through creation. We will compare this natural law concept to the premises and social consequences of the secular, relativist, and individualist approaches common to the jurisprudence of the Enlightenment. This article will offer the conclusion that only a grounding of right in the nature of persons as immortal beings created by God can offer moral and cultural security against the depersonalization characteristic of regimes premised on a relativist individualism.

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State Courts And The Making Of Federal Common Law, Anthony J. Bellia Jr. Jan 2005

State Courts And The Making Of Federal Common Law, Anthony J. Bellia Jr.

Journal Articles

The authority of federal courts to make federal common law has been a controversial question for courts and scholars. Several scholars have propounded theories addressing primarily whether and when federal courts are justified in making federal common law. It is a little-noticed phenomenon that state courts, too, make federal common law. This Article brings to light the fact that state courts routinely make federal common law in as real a sense as federal courts make it. It further explains that theories that focus on whether the making of federal common law by federal courts is justified are inadequate to explain …

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Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell Jan 2005

Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell

Journal Articles

Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against …

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The Right Of Publicity And Autonomous Self-Definition, Mark P. Mckenna Jan 2005

The Right Of Publicity And Autonomous Self-Definition, Mark P. Mckenna

Journal Articles

Legal protection against unauthorized commercial uses of an individual's identity has grown significantly over the last fifty years as it has relentlessly pursued economic value. It was forced to focus on value because a false distinction between the harms suffered by private citizens and celebrities seemingly left celebrities without a privacy claim for commercial use of their identities. But the normative case for awarding individuals the economic value of their identity is weak, since celebrities do not need additional incentive to invest in either their native skill or in developing a persona. Still, while the prevailing justification is inadequate, as …

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Book Review: Unnatural Law: Rethinking Canadian Environmental Law And Policy, By David R. Boyd, Hugh J. Benevides Jan 2005

Book Review: Unnatural Law: Rethinking Canadian Environmental Law And Policy, By David R. Boyd, Hugh J. Benevides

Osgoode Hall Law Journal

No abstract provided.

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Child Custody, Religious Practices, And Conscience, Kent Greenawalt Jan 2005

Child Custody, Religious Practices, And Conscience, Kent Greenawalt

Faculty Scholarship

This article asks to what extent considerations relating to religion should figure in custody disputes. One inquiry is whether the kind of religious life that a parent plans for his or her child should figure in the decision whether to grant custody to that parent. The article focuses on a religious life that involves very substantial deprivation no after-school activities, no television, no pets, no reading except schoolwork and the Bible-from an ordinary secular perspective. A second inquiry is whether one parent of a divorced couple should be able to prevent the other parent from exposing a child to various …

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Effects Of Heating, Breathing, Hair Style, Posture, And Air Velocity On Breathing Zone Concentrations For An Anthropometrically-Correct Manikin In A Wind Tunnel, Waleed Mahmoud Elnahas Jan 2005

Effects Of Heating, Breathing, Hair Style, Posture, And Air Velocity On Breathing Zone Concentrations For An Anthropometrically-Correct Manikin In A Wind Tunnel, Waleed Mahmoud Elnahas

Graduate Theses, Dissertations, and Problem Reports (ETD)

Ethanol concentrations were measured on an anthropometrically correct, heated, breathing manikin holding a source in its hands at waist height while both sitting and standing in a wind tunnel. The manikin was oriented with its back to the cross draft velocity. Sampling probes were placed at the manikin's mouth, nose, forehead, neck, both collars, center chest and both lapels. Samples were taken from each probe concurrently for 15 minutes by drawing air at 0.15 L/min into separate Teflon(TM) bags using separate sampling lines. The work was divided into two studies each having factorial study designs and two replications of each …

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The Relation Of Psychopathic Characteristics And Malingering Of Ptsd, Elizabeth Ann Tyner Jan 2005

The Relation Of Psychopathic Characteristics And Malingering Of Ptsd, Elizabeth Ann Tyner

Graduate Theses, Dissertations, and Problem Reports (ETD)

Clinical lore suggests that psychopaths should be successful malingers, yet empirical evidence is inconclusive. To further investigate the relation of psychopathy and malingering, 56 undergraduate males were classified into three groups based on responses to one trauma screener (Posttraumatic Stress Diagnostic Scale; PDS, Foa, Cashman, Jaycox & Perry, 1997) and one psychopathy screener (Psychopathic Personality Inventory: Short Form; PPI: SF, Lilienfeld & Andrews, 1996). This multimodal simulation study examined the ability of participants high and low in psychopathic characteristics to successfully malinger PTSD. Contrary to predictions, results indicated that individuals high in psychopathic characteristics were not better at convincing raters …

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Integrated Stability Mapping System For Mines, Quanxi Wang Jan 2005

Integrated Stability Mapping System For Mines, Quanxi Wang

Graduate Theses, Dissertations, and Problem Reports (ETD)

The Integrated Stability Mapping System (ISMS) was developed as an engineering tool to quantify the geologic and geo-mechanical information of mines, and to integrate the critical stability influence factors into an overall stability index for use in mine planning and support design. It is generally understood that the inherent underground roof stability is determined by the interaction of both the given geologic characteristics and the local stress influences. Form this perspective, in this dissertation, the need for an integrated stability mapping system is established through investigating the traditional and current hazard mapping practices. In order to fulfill this need, computer …

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Property, Michael A. Heller Jan 2005

Property, Michael A. Heller

Faculty Scholarship

This article argues that despite its seeming disintegration, property is more vibrant than ever — it is a field that has focused on understanding the formal and informal institutions by which society channels decision-making for scarce resources. Many exciting recent innovations in property theory have arisen through dialogue between US and Commonwealth scholars and legislatures. The article is organized as follows. The first part explains the focus on analytic property theory, which is posed in distinction to a jurisprudential approach. The second part introduces the familiar division of ownership into a trilogy of ideal types: private, commons, and state. The …

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A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt Jan 2005

A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt

Faculty Scholarship

This account of legal interpretation focuses mainly on wills and contracts. It adopts a pluralist approach, one that treats a number of factors as potentially relevant and does not assume that all relevant factors necessarily reduce to one overarching inquiry that is the same whatever legal text is being interpreted.

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Are Tradeoffs Between Justice And Welfare Possible? Calabresi And Dworkin On The Normative Foundations Of Law And Economics, Hanoch Sheinman Jan 2005

Are Tradeoffs Between Justice And Welfare Possible? Calabresi And Dworkin On The Normative Foundations Of Law And Economics, Hanoch Sheinman

Maryland Law Review

No abstract provided.

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Accidents Of The Great Society, John C.P. Goldberg, Benjamin C. Zipursky Jan 2005

Accidents Of The Great Society, John C.P. Goldberg, Benjamin C. Zipursky

Maryland Law Review

No abstract provided.

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Liability Insurance And Accident Prevention: The Evolution Of An Idea, Kenneth S. Abraham Jan 2005

Liability Insurance And Accident Prevention: The Evolution Of An Idea, Kenneth S. Abraham

Maryland Law Review

No abstract provided.

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The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin Jan 2005

The Renaissance Of Accident Law Plans Revisited, Robert L. Rabin

Maryland Law Review

No abstract provided.

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Speech Interactions With Linguistic, Cognitive, And Visuomotor Tasks, Christopher Dromey, Emily Bates Jan 2005

Speech Interactions With Linguistic, Cognitive, And Visuomotor Tasks, Christopher Dromey, Emily Bates

Faculty Publications

Lip movements were examined across several repetitive speaking conditions (speech alone and speaking concurrently with a linguistic, cognitive, or visuomotor challenge task) in 20 young adults. Performance in these nonspeech activities was also compared between isolated tasks and concurrent speech conditions. Linguistic challenges resulted in increased spatiotemporal variability of lip displacement across repetitions. Motor challenges led to more rapid speech with smaller lip displacement. These qualitatively different changes suggest that different aspects of attention are required for linguistic versus manual visuomotor activity. Vocal intensity increased for all concurrent task conditions compared with speech alone, suggesting increased effort compared to the …

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Reconciling Data Privacy And The First Amendment, Neil M. Richards Jan 2005

Reconciling Data Privacy And The First Amendment, Neil M. Richards

Scholarship@WashULaw

This article challenges the First Amendment critique of data privacy regulation–the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes by constitutionalizing information policy. Rejection of the First Amendment critique is justified on three grounds. First, the critique mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this article suggests that speech restrictions in a wide variety of commercial contexts have never been thought to trigger heightened First Amendment scrutiny, refuting …

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Executive Compensation: If There's A Problem, What's The Remedy? The Case For "Compensation Discussion And Analysis", Jeffrey N. Gordon Jan 2005

Executive Compensation: If There's A Problem, What's The Remedy? The Case For "Compensation Discussion And Analysis", Jeffrey N. Gordon

Faculty Scholarship

High levels of executive compensation have triggered an intense debate over whether compensation results primarily from competitive pressures in the market for managerial services or from managerial overreaching. Professors Lucian Bebchuk and Jesse Fried have advanced the debate with their recent book, Pay Without Performance: The Unfulfilled Promise of Executive Compensation, which forcefully argues that current compensation levels are best explained by managerial rent-seeking, not by arm's-length bargaining designed to create the optimum pay and performance nexus. This paper expresses three sorts of reservations with their analysis and advances its own proposals. First, enhancing shareholder welfare is not, as a …

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Attention Felons: Evaluating Project Safe Neighborhoods In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan Jan 2005

Attention Felons: Evaluating Project Safe Neighborhoods In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan

Faculty Scholarship

This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …

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Continuity In The Absence Of Declarative Memory In Patients With Moderate Dementia Of The Alzheimer's Type, Scott Frederick Kaper Jan 2005

Continuity In The Absence Of Declarative Memory In Patients With Moderate Dementia Of The Alzheimer's Type, Scott Frederick Kaper

Electronic Theses and Dissertations

Objective: The standard paradigm of research into dementia of the Alzheimer's type (DAT) has yielded little in the way of effective patient treatment. Recent neuroscientific advances into the understanding of implicit memory have opened up new possibilities of patient care. The ontology developed within the existentialphenomenological (EP) tradition provided the best foundation for further research in this direction, toward restoring moderately impaired DAT patients to Erikson's last normative stage of development, gerotranscendence. Drawing from the EP tradition, the idea of continuity was developed for this research. Continuity is composed of four domains: postural modality, discourse, and the patient's focal relationships …

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Does Storybook Intervention Provide A Meaningful Improvement In Language Impaired Children, Diana Patrice Burns Jan 2005

Does Storybook Intervention Provide A Meaningful Improvement In Language Impaired Children, Diana Patrice Burns

Dissertations and Theses @ UNI

The purpose of this study was to determine if storybook based intervention improved language skills in language impaired children. Eight children from a local Head Start Program participated in the study, four of whom caused the teacher language concerns and four of whom did not. On pretesting, six of the children demonstrated scores consistent with language impairment and two scored within normal limits. The four children who scored the lowest in the testing were chosen to participate in storybook intervention. Participants received individual instruction in 30-minute sessions twice weekly for 6 weeks. A teacher questionnaire report was completed by the …

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The Influence Of Caffeine On The Hydration Status Of College-Aged Females, Carissa Shima Jan 2005

The Influence Of Caffeine On The Hydration Status Of College-Aged Females, Carissa Shima

Dissertations and Theses @ UNI

It is commonly believed that caffeine negatively effects hydration status by acting as a diuretic agent. However, previously reported findings on the effects of caffeine on hydration status are controversial. These studies predominantly used healthy college-aged males. Researchers have suggested that females may respond differently to caffeine than males. Some of these differences may be attributed to menstrual cycle and oral contraceptive steroid (OCS) use. The purpose of this study was to investigate whether a 365 mg dose of caffeine would alter urine output (volume) and hydration status (urine specific gravity) in college-aged females while controlling for the menstrual cycle …

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