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2005

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Epistemological Practice And The Internalism/Externalism Debate, James Mcbain Jan 2005

Epistemological Practice And The Internalism/Externalism Debate, James Mcbain

Faculty Submissions

The dialogue between internalists who maintain a belief is a case of knowledge when that which justifies the belief is within the agent’s first-person perspective and externalists who maintain epistemic justification can be in part, or entirely, outside the agent’s first-person perspective has been part of the epistemological literature for some time with one side usually attempting to show how the other side is mistaken. Edward Craig argues the internalist/externalist debate is flawed from the outset. Specifically, both internalism and externalism should be incorporated into the correct analysis of knowledge once we revamp that project. The epistemological project, according to …

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Another Tocqueville, Donald J. Herzog Jan 2005

Another Tocqueville, Donald J. Herzog

Articles

Time for a true confession: I'm skeptical of predictions in social and political life. Talk of causal generalizations and Hempel's covering laws strikes me as science fiction and fantasy in drag; talk of the unfolding of the immanent logic of modernity makes me dyspeptic. I usually think that structural considerations are context, not cause, and that weird combinations of stray contingencies explain what happens. Worse, now I'm called on to predict how political theorists will be discussing democracy ten years hence. Images of herding cats and Brownian motion come to mind. Nonetheless, duty calls. I dust off my crystal ball …

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Legal Durability, Omri Ben-Shahar Jan 2005

Legal Durability, Omri Ben-Shahar

Articles

This paper develops a framework to study the effects of the durability of legal allocation decisions, such as trial outcomes, regulatory enactments and property entitlements. For a party favored by the legal allocation, a more durable decision is also more costly to secure, ex-ante. Thus, it is not the greater durability of the allocation that determines whether the “winner” is better-off, but other factors that are affected by the durability attribute, such as the cost of securing a favorable outcome and the ability of contesting parties to affect this cost. The paper develops conditions under which greater durability is irrelevant, …

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The Silver Lining: The International Tax Provisions Of The American Jobs Creation Act - A Reconsideration, Reuven S. Avi-Yonah Jan 2005

The Silver Lining: The International Tax Provisions Of The American Jobs Creation Act - A Reconsideration, Reuven S. Avi-Yonah

Articles

The American Jobs Creation Act of 2004, passed by the US Congress on 12 October and signed into law by President Bush on 22 October 2004, has been greeted by general dismay by various critics. The Act has been described as overloaded with “pork” and giveaways to special interest groups like tobacco farmers. The critics contend that the only achievement of the Act, the repeal of the “extraterritorial income” (ETI) regime that was ruled by the WTO to be a prohibited export subsidy, is dwarfed by 633 pages of special interest legislation. Even the Bush Administration distanced itself from the …

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The Common Law Power Of The Legislature: Insurer Conversions And Charitable Funds, Jill R. Horwitz, Marion R. Fremont-Smith Jan 2005

The Common Law Power Of The Legislature: Insurer Conversions And Charitable Funds, Jill R. Horwitz, Marion R. Fremont-Smith

Articles

New York's Empire Blue Ccoss and Blue Shield conversion from nonprofic cofor­ profic form has considerable legal significance. Three aspects of the conversion ma.ke checase unique: the role of the scace legislature in directing the disposicion of the conversion assets, che face chac it made itself che primary beneficiary of chose assets, and the actions of che scace attorney general defending the state rather than che public inceresc in che charitable assets. Drawing on several cenruries of common Law rejecting the Legislacive power to direct the disposition of charitable funds, chis article argues chat the legislature lacked power cocontrol che …

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Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar Jan 2005

Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar

Articles

The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …

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Learning The Value Of Drugs - Is Rofecoxib A Regulatory Success Story?, Rebecca S. Eisenberg Jan 2005

Learning The Value Of Drugs - Is Rofecoxib A Regulatory Success Story?, Rebecca S. Eisenberg

Articles

Controversy over recent revelations concerning the adverse cardiovascular effects of selective cyclooxygenase- 2 (COX-2) inhibitors has generally been framed as a story of regulatory failure, in which the Food and Drug Administration (FDA) has failed in its mission to protect the public from unsafe products. But this simplistic understanding of the mission of the FDA seems to make failure all but inevitable, if the reliable observation of the risks and benefits of a drug requires rigorous long-term studies. Perhaps in an earlier era the goal of drug regulation was simply to protect the public from poisons. Today, drug regulation guides …

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Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch Jan 2005

Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch

Articles

When Congress enacted the Private Securities Litigation Reform Act in 1995 ("PSLRA"), the Act's "lead plaintiff' provision was the centerpiece of its efforts to increase investor control over securities fraud class actions. The lead plaintiff provision alters the balance of power between investors and class counsel by creating a presumption that the investor with the largest financial stake in the case will serve as lead plaintiff. The lead plaintiff then chooses class counsel and, at least in theory, negotiates the terms of counsel's compensation. Congress's stated purpose in enacting the lead plaintiff provision was to encourage institutional investors-pension funds, mutual …

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Criminal Law In A Post-Freudian World, Deborah W. Denno Jan 2005

Criminal Law In A Post-Freudian World, Deborah W. Denno

Faculty Scholarship

Freudian psychoanalytic theory has greatly influenced the modern definition of criminal culpability. Indeed, much of the language of key criminal statutes, cases, and psychiatric testimony is framed by psychoanalytic concepts. This impact is particularly evident in the Model Penal Code's mens rea provisions and defenses, which were developed in the 1950s and 1960s, a time of Freudian reign in the United States. For contemporary criminal law, however, this degree of psychoanalytic presence is troublesome. Freudian theory is difficult to apply to group conflicts and legal situations, and the theory emphasizes unconscious (rather than conscious) thoughts. The rising new science of …

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15th Annual Forum On Affordable Housing & Community Development Law: 2006 Michael Scher Award Given To William C. Kelly, Nestor M. Davidson, Leonard A. Zax Jan 2005

15th Annual Forum On Affordable Housing & Community Development Law: 2006 Michael Scher Award Given To William C. Kelly, Nestor M. Davidson, Leonard A. Zax

Faculty Scholarship

No abstract provided.

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Housing First' For The Chronically Homless: Challenges Of A New Service Model, Nestor M. Davidson Jan 2005

Housing First' For The Chronically Homless: Challenges Of A New Service Model, Nestor M. Davidson

Faculty Scholarship

Increasingly in recent years, policymakers have focused their efforts on ending chronic homelessness and, in particular, on individuals grappling with mental illness, substance abuse, and similar challenges. Central to this effort has been the rise of a new model of service provision called Housing First. Housing First reverses the long-standing practice of conditioning housing on compliance with treatment plans or other service requirements, instead providing immediate independent living for chronically homeless individuals with dual or multiple diagnoses and only then making intensive services available. This Commentary reviews this important policy shift and explores some conceptual and practical challenges in moving …

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Rights Myopia In Child Welfare, Clare Huntington Jan 2005

Rights Myopia In Child Welfare, Clare Huntington

Faculty Scholarship

For decades, legal scholars have debated the proper balance of parents' rights and children's rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents' rights nor children's rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children. Additionally, even if well-implemented, the model still would not serve parents or children because it obscures the important role of poverty in child abuse and neglect and fosters conflict rather than collaboration between the state and families. In lieu of a solely rights-based …

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Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan Jan 2005

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan

Faculty Scholarship

This Article examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on the areas of detention, deportation, conscription, and confiscation of property, the Article revises the conventional depiction of the English judiciary during World War I as passive and peripheral. It argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal. Second, they …

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Structure Of Regulatory Competition In European Corporate Law, The , Martin Gelter Jan 2005

Structure Of Regulatory Competition In European Corporate Law, The , Martin Gelter

Faculty Scholarship

In its opinions in the cases Centros, Uberseering and Inspire Art, the ECJ has begun to open European corporate law for regulaton of competition, as it has been discussed in the US for several ldecades. This article analyses the stuictual conditions of competition on the supply and demand sides of the market for corporate law, and the impact of supranational influence. In doing so, it identifies several factors that have received little attention in the incipient European debate. The supply-side analysis shows that a European Delaware is implausible because of the interdependence of competitive advantages and the incentives to compete. …

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Law And The Rise Of The Firm , Henry Hansmann, Reiner Kraakman, Richard Squire Jan 2005

Law And The Rise Of The Firm , Henry Hansmann, Reiner Kraakman, Richard Squire

Faculty Scholarship

Organizational law empowers firms to hold assets and enter contracts as entities that are legally distinct from their owners and managers. Legal scholars and economists have commented extensively on one form of this partitioning between firms and owners: namely, the rule of limited liability that insulates firm owners from business debts. But a less-noticed form of legal partitioning, which we call "entity shielding," is both economically and historically more significant than limited liability. While limited liability shields owners' personal assets from a firm's creditors, entity shielding protects firm assets from the owners' personal creditors (and from creditors of other business …

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Benthic Fisheries Ecology In A Changing Environment: Unraveling Process To Achieve Prediction, Mark J. Butler Iv Jan 2005

Benthic Fisheries Ecology In A Changing Environment: Unraveling Process To Achieve Prediction, Mark J. Butler Iv

Biological Sciences Faculty Publications

Marine fisheries and the ecosystems that sustain them are increasingly beset by environmental deterioration, and the problem is particularly acute in coastal zones where human Populations are increasing. In the best of circumstances, fishery managers are faced with the multiple, often conflicting, demands of resource users, politicians, and scientists when considering strategies for resource management. A further challenge is that management decisions must be made against a backdrop of a deteriorating environment and the shifting status of coastal ecosystem integrity. Traditional tools for single-species management may be inadequate in these settings. Furthermore. the necessary empirical data to appropriately parameterize models …

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Does A Past Conflict Still Sting? The Influence Of Recall Style And Self-Esteem On The Impact Of Conflict Memories, Huan Jacqueline Ye Jan 2005

Does A Past Conflict Still Sting? The Influence Of Recall Style And Self-Esteem On The Impact Of Conflict Memories, Huan Jacqueline Ye

Theses and Dissertations (Comprehensive)

The current research examined whether the impact of people's past conflicts on their current relationships is associated with (1) the way people think about the conflicts, (2) their self-regard. Specifically, we expected that people's relationships should be more negatively influenced if they recall conflicts in a vivid manner, focusing on "how" the conflicts happened and recalling them in vivid detail, rather than if they recall conflicts in a pallid manner, focusing on "why" the conflict occurred and recalling little detail. We also predicted that past conflicts are more likely to adversely affect the appraisals of the relationships of low self-esteem …

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Biased Forgetting Effects In The Assessment Of Memory For Filled And Empty Intervals: Evidence For The Instructional Failure/Confusion Hypothesis, Stephen Gagne Jan 2005

Biased Forgetting Effects In The Assessment Of Memory For Filled And Empty Intervals: Evidence For The Instructional Failure/Confusion Hypothesis, Stephen Gagne

Theses and Dissertations (Comprehensive)

According to the instructional failure hypothesis, the contextual similarity of the intertrial interval (ITI) and the delay interval (DI) is responsible for the choose-short bias that occurs when memory for filled intervals is tested. This hypothesis may also explain the choose-long bias for empty intervals, if birds confuse an extended DI with a long empty interval. In the present study, pigeons were trained in a within-subjects design to discriminate durations of a filled interval (2-s and 8-s of light), and durations of an empty interval (2-s and 8-s bound by two 1-s light markers). In order to disambiguate the ITI, …

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A Comparison Of Techniques For Measuring Automatic Retrieval In Conceptual Priming, Jennifer C. Major Jan 2005

A Comparison Of Techniques For Measuring Automatic Retrieval In Conceptual Priming, Jennifer C. Major

Theses and Dissertations (Comprehensive)

The speeded response technique has provided pure estimates of automatic retrieval in perceptual memory tasks. The present study was designed to investigate whether pure automatic retrieval could also be evidenced in a conceptual task. Subjects were encouraged to generate category exemplars using strictly automatic retrieval by presenting practice trials that did not allow responding with previously studied items and by encouraging speed of responding. This speeded condition was compared to a baseline condition in which conscious retrieval was not possible and to an explicit condition in which conscious retrieval was required. Average RTs in the speeded condition were the same …

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Experiences And Expectations: What Prompts An Educator To Use Computers In The Classroom?, Craig Ross Jan 2005

Experiences And Expectations: What Prompts An Educator To Use Computers In The Classroom?, Craig Ross

Theses and Dissertations (Comprehensive)

Charged with the task of providing today's youth with the education they need, many school boards across North America have invested large sums of money in computer technology. However, although the technology is being installed in the schools, many educators are not using the technology to its full potential as a learning tool. In the present study, elementary (n = 148) and secondary (n = 150) educators completed one survey which assessed two domains believed to influence an educator's decision to integrate computer technology into his/her classroom. The first domain was comprised of gender and teaching level (elementary versus secondary), …

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Why Do Young Children Forget Where They Learned Information? The Relation Between Source Monitoring, Theory-Of-Mind Understanding And Suggestibility, Angela D. Evans Jan 2005

Why Do Young Children Forget Where They Learned Information? The Relation Between Source Monitoring, Theory-Of-Mind Understanding And Suggestibility, Angela D. Evans

Theses and Dissertations (Comprehensive)

In Study one, Fifty young children (3- to 5- year-olds) watched a video and were then interviewed about the video by a Knowledgeable interviewer, who had watched the video with the children, and a Naive interviewer, who had not seen the video. Children were asked yes/no recognition questions, half of which contained misleading suggestions. After five to seven days, children were asked the same yes/no recognition questions by a third Naïve interviewer. Children then completed a source-monitoring task Followed by three theory-of-mind tests. Study two followed the same methodologies as Study one but with an increased sample size (72 children), …

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Forging And Severing Connections Between Historical Injustices And Current Experience, Gregory Roy Gunn Jan 2005

Forging And Severing Connections Between Historical Injustices And Current Experience, Gregory Roy Gunn

Theses and Dissertations (Comprehensive)

Past research on temporal self-appraisal theory has revealed that individuals are able to maintain a positive sense of self by subjectively moving favourable past events forward and unfavourable past events backward in time. The current study extends past work by examining whether individuals alter subjective distance from historical injustices to protect their collective identity. Men, as members of a perpetrator group, may perceive past injustices against women as a threat to their collective identity. As such, men may be motivated to subjectively move past injustices backward in time. On the other hand, women, as members of a victim group, may …

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'To The Streets Cuz We're On The Streets': Exploring The Controversy Of Homeless Youth Activism In Kitchener-Waterloo (Ontario), Nadia Hausfather Jan 2005

'To The Streets Cuz We're On The Streets': Exploring The Controversy Of Homeless Youth Activism In Kitchener-Waterloo (Ontario), Nadia Hausfather

Theses and Dissertations (Comprehensive)

Throughout the past years, homeless youth have been involved in activism in Kitchener-Waterloo (K-W), a mid-size city located in southern Ontario. Such activism has caused a great deal of controversy in the K-W community. The main objective of this research was to explore that controversy. The three main research questions used to explore this controversy were: (1) Why do homeless youth become involved in activism? (2) What are the effects of homeless youth activism? (3) What factors limit or facilitate homeless youth activism? I used a participatory action research approach, consisting of a steering committee of homeless youth and two …

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Resident Participation Across The Lifecycle Of A Primary Prevention Initiative, Alexandra Kissin Jan 2005

Resident Participation Across The Lifecycle Of A Primary Prevention Initiative, Alexandra Kissin

Theses and Dissertations (Comprehensive)

Resident participation is a key aspect of primary prevention initiatives that follow a community-driven approach. This study examines the evolution of resident participation at three Ontario sites (Guelph, Cornwall, and Walpole Island) of the primary prevention initiative Better Beginnings, Better Futures. The main research questions were focused on discovering the nature, barriers, facilitators, and impacts of resident participation and the roles that residents played at each of the three phases of the sites' lifecycles (i.e., the early years, the middle years, and the later years). Data collection involved a review of archival documents for the early and middle years and …

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Seeing The Future: Does Visual Perspective Influence Motivation?, Noelia Vasquez Jan 2005

Seeing The Future: Does Visual Perspective Influence Motivation?, Noelia Vasquez

Theses and Dissertations (Comprehensive)

This research examined how people's thoughts about their future task performance influence their current motivational state. It was hypothesized that the effects of imagining a successful future performance would depend upon the visual perspective adopted. People were expected to feel more motivated when they imagined a highly successful performance from a third-person perspective rather than a first-person perspective. In two experiments, participants identified an important academic task that they would be completing in the near future and were asked to imagine it unfolding either very successfully (positive valence) or less successfully (negative or neutral valence). To manipulate visual perspective, participants …

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Cultural Diversity At Family And Children's Services Of The Region Of Waterloo: An Evaluation Of A Cultural Competency Training Program, Jessica Leigh Vinograd Jan 2005

Cultural Diversity At Family And Children's Services Of The Region Of Waterloo: An Evaluation Of A Cultural Competency Training Program, Jessica Leigh Vinograd

Theses and Dissertations (Comprehensive)

Cultural competence among child welfare practitioners is imperative given rapidly changing Canadian demographics, current inadequacy in the delivery of social services due to ethnocentric bias, and the insufficiency of educational programs in providing multicultural training for future practitioners. This study investigated the extent to which a specific training program influences multicultural competencies. In Ontario, child welfare employees (N = 61) completed the Multicultural Awareness Knowledge and Skills Survey (MAKSS) (D'Andrea, Daniels, & Heck, 1991) on two separate occasions. A 2 (pre, post) x 2 (experimental, comparison) mixed-model design was used to test the hypothesis that experimental participants would score significantly …

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Examining The Factors That Promote Sustained Engagement In Young People, Marla C. Pender Jan 2005

Examining The Factors That Promote Sustained Engagement In Young People, Marla C. Pender

Theses and Dissertations (Comprehensive)

Little research to date has explored the kinds of factors that promote sustained engagement in young people. In order to address this gap in the literature, 20 individuals who attended national youth conferences (the goal of which being to promote engagement above and beyond the conferences themselves) between one and 14 years earlier were interviewed about their experiences before, during, and after the conferences. Specifically, participants were asked to discuss their levels of involvement in their schools and communities after attending the conferences, as well as the factors that sustained or hindered their participation. Four emerging themes---the nature of the …

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Prediction Of Childhood Externalizing Disorder Outcome: A Variable-Oriented And Person-Oriented Analysis Of Better Beginnings, Better Futures Data, Stephanie C. Cerutti Jan 2005

Prediction Of Childhood Externalizing Disorder Outcome: A Variable-Oriented And Person-Oriented Analysis Of Better Beginnings, Better Futures Data, Stephanie C. Cerutti

Theses and Dissertations (Comprehensive)

The current study identified risk factors associated with childhood externalize disorders. Intervention outcomes of children that took part in a community-based, early childhood prevention project, Better Beginnings Better Futures, were studied longitudinally from Grade 3 to Grade 6. Three intervention sites in Ontario (Cornwall, n = 108; Sudbury, n = 134; Highfield, n = 131) and two matched comparison sites in Ontario (Ottawa-Vanier, n = 116; Etobicoke, n = 87) were examined. Risk factors examined at multiple levels of analysis, including the individual, family, and community levels of analysis, were considered. It was expected that higher risk children would respond …

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Population Dynamics Of Oryzomys Palustris And Microtus Pennsylvanicus In Virginia Tidal Marshes, Christopher P. Bloch, Robert K. Rose Jan 2005

Population Dynamics Of Oryzomys Palustris And Microtus Pennsylvanicus In Virginia Tidal Marshes, Christopher P. Bloch, Robert K. Rose

Biological Sciences Faculty Publications

Oryzomys palustris (marsh rice rat) and Microtus pennsylvanicus (meadow vole) cohabit coastal marshes in the mid-Atlantic US. Both were live-trapped for 23 months at two tidal marsh sites in Virginia to assess their demography near the margins of their distributions. In the presence of dense vegetation, population dynamics of the two species were seasonal and positively correlated, with densities declining through the winter. At the more sparsely vegetated site, densities of both species were lower, and densities of M. pennsylvanicus were negatively correlated with those of O. palustris. Patterns of reproduction differed between the species. O. palustris was reproductively …

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Keeping The Faith: The Presbyterian Press In Peace And War, 1913-1919, Michelle Fowler Jan 2005

Keeping The Faith: The Presbyterian Press In Peace And War, 1913-1919, Michelle Fowler

Theses and Dissertations (Comprehensive)

There has been very little scholarship in recent years which provides a detailed analysis of Christian support for the First World War in Canada. This work attempts to fill this gap with respect to the Presbyterian Church in Canada. It is a thorough analysis of the Presbyterian periodicals in war and peace between 1913 and 1919. The work is presented as a contribution to our understanding of Canada's Great War experience. One of the few academic articles which examined Protestant support for the war was the influential article 'The Methodist Church and World War I'. In this article, published in …

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