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Effects Of A Skilled Videotape Model With Or Without Attention-Focusing Cues On The Performance Of A Basketball Foul Shot, Steven Edward Beard

Dissertations and Theses @ UNI

The purpose of this study was to examine the effectiveness of a skilled videotape model with or without attention-focusing cues on the performance of a non-dominant hand basketball foul shot. It was hypothesized that attention-focusing cues of a skilled videotape model would have no significant effect on the non-dominant hand basketball foul shot performance of adolescents. Thirty participants (22 male, 8 female) were randomly assigned and stratified by gender into one of two groups: skilled videotape model with cues and skilled videotape model without cues. Each participant completed 22 blocks of 50 trials each, with the first and last block …

Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

In this article, Professors Lindquist and Cross empirically study the effect of precedent on judicial decision-making. The framework for their analysis is Ronald Dworkin’s “chain novel” metaphor, an influential theory of the role of precedent whose validity has not previously been empirically tested. The chain novel metaphor suggests that the judicial use of precedent can be likened to a group of authors writing a novel seriatim, in which the accumulation of chapters increasingly constrains the choices and freedom of subsequent writers. Precedent is one of the most important areas of legal research, but currently there is no dominant working theory, …

The Bustle Of Horses On A Ship: Drug Control In New York City Public Housing, Jeffrey Fagan, Garth Davies, Jan Holland, Tamara Dumanovsky

Faculty Scholarship

For decades, violence, drugs and public housing have been closely linked in political culture and popular imagination. In 1990, the Department of Housing and Urban Development (HUD) made funds available to public housing authorities to combat drug and crime problems. This program, the Drug Elimination Program (DEP) combined several strategies under one administrative umbrella: police enforcement, drug treatment, drug prevention, youth and gang outreach, community organizing, integrated health and social service agencies, and tenant mobilization projects. In New York, the Housing Authority spent $165 million on DEP in its 330 public housing sites between 1990 and 1996. Yet there has …

The Story Of Vermont Yankee: A Cautionary Tale Of Judicial Review And Nuclear Waste, Gillian E. Metzger

Faculty Scholarship

This Essay explores the puzzle of Vermont Yankee v. NRDC. Vermont Yankee stands as a definitive rejection of judicial efforts to control burgeoning informal rulemaking by adding to the procedural requirements contained in the Administrative Procedure Act. Yet judicial expansion of the APA's procedural requirements has continued apace, and the Court's simultaneous sanction of searching substantive scrutiny sits oddly with its excoriation of the D.C. Circuit for that court's perceived procedural excesses. To understand Vermont Yankee, the Essay puts the decision in its administrative and judicial context, exploring the case law and practical dilemmas facing administrators, advocates, and judges as …

In Defense Of Filibustering Judicial Nominations, Catherine Fisk, Erwin Chemerinsky

Cardozo Law Review

No abstract provided.

Merit Vs. Ideology, Michael J. Gerhardt

Cardozo Law Review

No abstract provided.

But I Was Just A Kid!: Does Using Juvenile Adjudications To Enhance Adult Sentences Run Afoul Of Apprendi V. New Jersey?, Douglas M. Schneider

Cardozo Law Review

No abstract provided.

Recess Appointments Of Article Iii Judges: Three Constitutional Questions, Edward A. Hartnett

Cardozo Law Review

No abstract provided.

Lawrence V. Texas And The Refinement Of Substantive Due Process, Matt Coles

Faculty Scholarship

No abstract provided.

The Culture Of Health Care: How Professional And Organizational Cultures Impact Conflict Management, Debra Gerardi

Faculty Scholarship

No abstract provided.

Healthier Hospitals?, Debra Gerardi, Dorrie K. Fontaine

Faculty Scholarship

No abstract provided.

Manage Conflict Creatively, Debra Gerardi, Virginia L. Morrison

Faculty Scholarship

No abstract provided.

Liberalism And Tort Law: On The Content And Economic Efficiency Of A Liberal Common Law Of Torts, Richard S. Markovits

Faculty Scholarship

This Article has three parts. Part I begins by delineating the protocol one should use to determine whether a society is an immoral society, an amoral society, a goal-based society of moral integrity, or a rights-based society of moral integrity (i.e., a society that engages in a bifurcated prescriptive-moral practice that strongly distinguishes moral-rights claims (about the just) from moral-ought claims (about the good), that is committed to the lexical priority of the just over the good, and that fulfills its commitments to some hard-to-specify, requisite extent). Part I then proceeds to outline the protocol one should use to determine …

Social Impact: Knowledge Monographs: The Question Of Questions: An Agenda For Social Work Practice Research, Enola K. Proctor, Frank Bruno

Social Impact Publication

No abstract provided.

Medical Error Disclosure, Mediation Skills, And Malpractice Litigation: A Demonstration Project In Pennsylvania, Carol B. Liebman, Chris Stern Hyman

Faculty Scholarship

In the past decade, the cost of medical malpractice insurance has skyrocketed in Pennsylvania. Physicians in high-risk specialties are reported to have moved out of the state, closed their practices, or retired, particularly in eastern Pennsylvania. Liability insurance companies have pulled out of the state. At the same time, serious medical errors continue to occur. Doctors and hospital officials, afraid of lawsuits and loss of insurance coverage, often stonewall patients and relatives, offering only barebones explanations of serious medical errors. Research shows this situation creates a vicious circle in which frustration, anger, and a search for information often motivate patients …

The Effectiveness Of Juvenile Correctional Facilities: Public Versus Private Management, Patrick J. Bayer, David Pozen

Faculty Scholarship

This paper uses data on juvenile offenders released from correctional facilities in Florida to explore the effects of facility management type (private for-profit, private nonprofit, public state-operated, and public county-operated) on recidivism outcomes and costs. The data provide detailed information on individual characteristics, criminal and correctional histories, judge-assigned restrictiveness levels, and home zip codes — allowing us to control for the nonrandom assignment of individuals to facilities far better than any previous study. Relative to all other management types, for-profit management leads to a statistically significant increase in recidivism, but relative to nonprofit and state-operated facilities, for-profit facilities operate at …

Causation By Presumption? Why The Supreme Court Should Reject Phantom Losses And Reverse Broudo, John C. Coffee Jr.

Faculty Scholarship

Over a quarter of a century ago, Judge Henry Friendly coined the term "fraud by hindsight" in upholding the dismissal of a proposed securities class action. As he explained, it was too simple to look backward with full knowledge of actual events and allege what should have been earlier disclosed by a public corporation in its Security and Exchange Commission (SEC) filings. Because hindsight has twenty/twenty vision, plaintiffs could not fairly "seize [] upon disclosures" in later reports, he ruled, to show what defendants should have disclosed earlier.

Today, a parallel concept – "causation by presumption" – is before the …

Takeovers In The Boardroom: Burke Versus Schumpeter, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

We are delighted to participate in a 25th anniversary assessment of Martin Lipton's 1979 article, Takeover Bids in the Target's Boardroom. This is a remarkably prescient article that demonstrates an uncanny ear for an emerging issue. From his vantage point inside targets' boardrooms – and, we assume, also from inside the nearby offices of investment bankers – Lipton spotted a gathering storm on the horizon and sought to channel the emerging issue of takeover policy in a direction that accorded with his own fundamental convictions as well as the interests of his clients. As every academic knows, early intervention …

Global Warming As A Public Nuisance, Thomas W. Merrill

Faculty Scholarship

On July 21, 2004, eight State Attorneys General and the City of New York brought suit in federal district court in the Southern District of New York, seeking to adjudicate the issue of global warming as a public nuisance. Six large electric power producers were named as defendants. The complaint filed in Connecticut v. American Electric Power Co., as the action is styled, alleges that emissions of greenhouse gases from the defendants' plants, in particular carbon dioxide (C02), are contributing to global warming. Count I claims that these greenhouse gas emissions are an actionable public nuisance governed by federal …

Harry Potter And The Law, Jeffrey E. Thomas, James Charles Smith, Danaya Wright, Benjamin H. Barton

Faculty Scholarship

The magnitude of the Harry Potter phenomenon alone would make it worthy of consideration; the fact that it is children's literature, and thus may play a significant part in forming a future generation's attitudes toward law and legal institutions, makes it even more so. The various contributions to this article explore various aspects of law and culture as presented in or viewed through the Harry Potter stories.

The Trust And Distrust Of Intellectual Property Rights, Peter K. Yu

Faculty Scholarship

In the past, intellectual property issues were considered complex, obscure, and highly technical; they were only of interest and concern to intellectual property attorneys, legal scholars, technology developers, and rightsholders. Thanks to the Internet and new communications technologies, however, intellectual property has now begun to play a more significant role in society.

In December 2003, the first phase of the World Summit on the Information Society (WSIS) was held in Geneva. While the conference affirmed the importance of intellectual property rights and free access to information and knowledge, the resulting Declaration of Principles and Plan of Action fail to address …

Revisiting Medical Error: Five Years After The Iom Report, Have Reporting Systems Made A Measurable Difference, Maxine M. Harrington

Faculty Scholarship

Although the goal of patient safety is a laudable one, it is questionable whether state and national policy can be made on so vague a concept as "medical error." There is neither an accurate baseline nor reliable current data that could be used to validate the effectiveness of reporting systems as tools for improving patient safety. This Article examines the difficulty in estimating the incidence of medical error, including the lack of uniform standards of measurement and the legal and cultural disincentives to accurate reporting of error. Part I provides a brief background of the IOM report and addresses the …

Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres

Faculty Scholarship

In instances of collective violence — apartheid in South Africa, mass killings in Rwanda, and other crimes against humanity such as slavery — what response provides justice? How can justice be achieved under such a system? Legal justice through prosecution would be unjust. This opens the possibility of nonprosecution alternatives involving forgiveness. Hélène Cixous’s play about forgiveness as an alternative to criminal prosecution, The Perjured City: Or, the Awakening of the Furies, was written in response to an actual case of failed justice in France, known as the Bad Blood Scandal. The play provides a model of forgiveness and a …

Legal Status And Rights Of Undocumented Workers: Advisory Opinion Oc-18, Sarah H. Cleveland

Faculty Scholarship

In Advisory Opinion OC-18 of September 17, 2003, the Inter-American Court of Human Rights ruled that international principles of nondiscrimination prohibit discriminating against undocumented migrant workers in the terms and conditions of work. The Court acknowledged that governments have the sovereign right to deny employment to undocumented immigrants, but held that such workers are equally protected by human rights in the workplace once an employment relationship is initiated. In other words, states may not further their immigration policies by denying basic workplace protections to undocumented employees.

Early Decisions: A Regulatory Framework, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

We describe a regulatory framework that helps consumers who have difficulty sticking to their own long-run plans. Early Decision regulations help long-run preferences prevail by allowing consumers to partially commit to their long-run goals, making it harder for a momentary impulse to reverse past decisions. In the cigarette market, examples of Early Decision regulations include restricting the locations or times at which cigarettes are sold, delaying the receipt of cigarettes following purchase, and allowing a consumer to choose in advance the legal restrictions on her own cigarette purchases. A formal model of Early Decision regulations demonstrates that Early Decisions are …

Politico-Economic Factors Associated With Interest In Starting A Business: A Multi-Country Study, Thomas Begley, Wee Liang Tan, Herbert Schoch

Research Collection Lee Kong Chian School Of Business

Public health is a legal term of art referring specifically to delineated powers, duties, rights, and responsibilities. An emerging human rights conception of public health justifies government intervention. Intervention involves public officials taking appropriate measures including environmental regulations pursuant to specific legal authority, after balancing private rights and public interests, to protect the health of the public. This article is a critical analysis of the performance of the actors in maintaining environmental standards in India. Part II is a discussion on the source of environmental law in India. Part III discusses the performance of the legislature. Part IV evaluates the …

Natural And Empty Desires: An Epicurean View Of Musical Experience, Daniel Putnam

Contemporary Aesthetics (Journal Archive)

Epicureans distinguish natural desires, which have their origin in the body itself, from empty desires which are imposed by society. Natural desires allow a person to enjoy pleasures free from anxiety and worry. Empty desires such as those for status or luxury are endless and lead to a life of frustration, resentment and anxiety. In this paper I apply this distinction to musical experience and differentiate between the genuine enjoyment of music and musical experience tainted by empty desires.

Art And Embodiment: Biological And Phenomenological Contributions To Understanding Beauty And The Aesthetic, Adrienne Dengerink Chaplin

Contemporary Aesthetics (Journal Archive)

Increasing awareness of the crucial and complex role of the body in making and experiencing art has led to a diverse range of biological and phenomenological philosophies of art. The shared emphasis on the role of the body re-connects these contemporary theories of art to aesthetics' pre-Kantian origin as a science of sense-perception (aesthesis) and feeling. Tracing some of the current positions in such diverse thinkers as Dissanayake, Langer, and Merleau-Ponty, this paper will examine their shared interest in art as a pre-reflective, non-discursive mode of knowing, symbolizing, and being-in-the-world. This paper argues that while some biologically based theories have …

Darkest Before Dawn: The Work Of Emmaculeta Chiseya Of Zimbabwe, Lucia Gbaya-Kanga

Kroc IPJ Research and Resources

Women on the frontline of efforts to end violence and secure a just peace seldom record their experiences, activities and insights – as generally there is no time, or, perhaps, no formal education that would help them record their stories. The Women PeaceMakers Program is a selective program for leaders who want to document, share and build upon their unique peacemaking stories. Selected peacemakers join the IPJ for an eight-week residency. Women PeaceMakers are paired with a Peace Writer to document in written form their story of living in conflict and building peace in their communities and nations. While in …

Bulletin Of The University Of San Diego School Of Law 2005-2007, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

44 pages : illustrations, photographs ; 29.5 cm