Digital Commons Network^™

Save The Cities, Stop The Suburbs?, Nicole Stelle Garnett

Journal Articles

The fact that the word "sprawl" is uttered by curling the upper lip into a snarl captures some of the emotion generated by the current debate over American land use policy. Two recent books - Robert Bruegmann's defense of sprawl and Joel Kotkin's ambitious but short history of great cities - provide an opportunity to consider sprawl's costs and benefits and also to examine the case for legal efforts to curtail sprawl in order to save our cities. These are important questions because, as Bruegmann observes, calls for "stopping" sprawl may proceed from serious misconceptions about its extent, causes, and …

Taking Accommodation Seriously: Religious Freedom And The O Centro Case, Richard W. Garnett, Joshua D. Dunlap

Journal Articles

The big stories from the Supreme Court's 2005-06 Term were about military commissions and enemy combatants, political redistricting and campaign contributions, and the nomination and confirmation - the first in more than a decade - of two new Justices. Largely overlooked in the crush of Court-related coverage was the Term's lone church-state decision, Gonzalez v. O Centro Espirita Beneficente Uniao do Vegetal, involving the ritualized, but illegal, use by a small religious community from Brazil of a hallucinogenic tea called hoasca. Strictly speaking, O Centro was not a Religion Clauses case at all. It involved the interpretation and …

Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig

Journal Articles

This paper considers whether an amendment to state divorce laws that strengthens its joint custody preference operates as a traditional default rule, specifying what most divorcing couples would choose or as a penalty default rule the parties will attempt to contract around.

While the Oregon statutes that frame our discussion here, like most state laws, do not state an explicit preference for joint custody, shared custody is certainly encouraged by Section 107.179, which refers cases in which the parties cannot agree on joint custody to mediation and by Section 107.105, which requires the court to consider awarding custody jointly. In …

Lawmaking By Public Welfare Professionals, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson, Gretchen Schmuch, Margaret F. Brinig

Journal Articles

When thinking of law-making, one usually thinks of the activities of Congress or state legislatures. Students of law and government may also think of the rule-making activities of federal or state bureaucracies. More recently, some attention has been paid to the lawmaking power known as prosecutorial discretion (the decision of whether or for what crimes to charge a criminal defendant) or judicial discretion in sentencing. However, so far most of this work has been theoretical or, at best, anecdotal. Further, far less attention has been paid to the ubiquitous activities of the bureaucrat who must decide whether or not to …

Tradition And Development In The Catholic Church's Teaching On Marriage: A Response To Cardinal Trujillo, John J. Coughlin

Journal Articles

During the twentieth century, the teaching of the Roman Catholic Church on the nature of marriage remained fully faithful to ancient tradition and witnessed new developments. In his article, The Nature of Marriage and Its Various Aspects, Alfonso Cardinal Lopez Trujillo has afforded a splendid overview of both the timeless and adaptive features of the Church's teaching. In commenting on the article, I have been asked to identify obstacles to the article's reception as well as to suggest possible resolutions. My brief response to His Eminence, Cardinal Trujillo, consists of two parts. First, I suggest that an epistemological issue is …

The Tax Code As Nationality Law, Michael S. Kirsch

Journal Articles

This article questions the frequently-asserted axiom that Congress's taxing power knows no bounds. It does so in the context of recently-enacted legislation that creates a special definition of citizenship that applies only for tax purposes. Historically, a person was treated as a citizen for tax purposes (and therefore taxed on her worldwide income and estate) if, and only if, she was a citizen under the nationality law. As a result of the new statute, in certain circumstances a person might be treated as a citizen for tax purposes (and therefore taxed on her worldwide income and estate) for years or …

Simon Says Take Three Steps Backwards: The National Conference Of Commissioners On Uniform State Laws Recommendations On Child Representation, Jane M. Spinak

Faculty Scholarship

In considering whether I wanted to submit a response to this conference, I turned back to the Fordham Law Review's Proceedings of the Conference on Ethical Issues in the Legal Representation of Children, now referred to by this conference's participants as Fordham. While the entire volume helped me to formulate this response, I want to begin by acknowledging Linda Elrod's and Ann Haralambie's two responses in Fordham as essential to my decision. In a few short pages they encapsulated the essential message of Fordham: that by the end of the last century, the practice of lawyers for children was to …

Paired-Pulse Depression At Photoreceptor Synapses., Katalin Rabl, Lucia Cadetti, Wallace B. Thoreson

Journal Articles: Ophthalmology

Synaptic depression produced by repetitive stimulation is likely to be particularly important in shaping responses of second-order retinal neurons at the tonically active photoreceptor synapse. We analyzed the time course and mechanisms of synaptic depression at rod and cone synapses using paired-pulse protocols involving two complementary measurements of exocytosis: (1) paired whole-cell recordings of the postsynaptic current (PSC) in second-order retinal neurons and (2) capacitance measurements of vesicular membrane fusion in rods and cones. PSCs in ON bipolar, OFF bipolar, and horizontal cells evoked by stimulation of either rods or cones recovered from paired-pulse depression (PPD) at rates similar to …

An Investigation Of Supports And Barriers Experienced By Students With Learning Disabilities As They Transition To And Persist In The Postsecondary Setting, Shawn Mahoney Kuba

Graduate Theses, Dissertations, and Problem Reports (ETD)

This inquiry investigated supports and barriers experienced by students with learning disabilities as they transitioned to, and persisted in, a four-year liberal arts college setting. The goal of the inquiry was twofold: first, to understand from the perspective of the students themselves, the experience of being in and working through the postsecondary environment, especially what facilitates and what obstructs continued participation; and second, to extrapolate from these data, recommendations to inform postsecondary programming for students with learning disabilities.;Over a 3 year period, two cohorts of students with learning disabilities, transition and persistence phase students, volunteered to participate in semi-structured face-to-face …

Evaluation Of Current And Early Production Electronically Controlled Heavy-Duty Diesel Engine Emissions Based On Fuel Property Differences, Varakala Shashidhar Reddy

Graduate Theses, Dissertations, and Problem Reports (ETD)

Exhaust emissions emitted from heavy-duty diesel engines (HHDE) have been one of the contributors towards air pollution which indirectly have adverse effects on human health. This concern has made regulatory agencies impose stringent emissions standards in the United States and in many other countries. These increasingly stringent exhaust emissions levels have forced the HDDE manufacturers to focus largely on engine technology to reduce emissions levels to meet the regulatory standards.;Diesel fuel properties influence diesel engine emissions but how sensitive the engines are to theses property changes is the objective of this study. To examine the influences, regulated emissions from two …

Effects Of Social Support And Heterosexism On The Psychological Well-Being Of Diverse Adults, S. Melinda Spencer

Graduate Theses, Dissertations, and Problem Reports (ETD)

During emerging adulthood, individuals struggle to form an identity and must develop personal resources to help them cope with life stressors. Lesbian and gay (LG) adults must do this from within a context of heterosexist discrimination, which can negatively influence multiple aspects of psychological well-being. The specific aims of this study were to examine: (1) differences by gender and sexual orientation in psychological well-being, (2) the role of individual characteristics (gender and sexual orientation) and personal resources (mastery and social support) in explaining psychological well-being, and (3) the influence of heterosexism and personal resources on psychological well-being of LGB individuals. …

Book Review: Michele Goodwin's Black Markets: The Supply And Demand Of Body Parts, Barbara A. Noah

Faculty Scholarship

The Author reviews Michele Goodwin’s book BLACK MARKETS: THE SUPPLY AND DEMAND OF BODY PARTS, published by Cambridge University Press, 2006. The book discusses the shortage of cadaveric organs available for transplantation. It argues that the shortage disproportionately impacts racial minorities. It then analyzes existing organ procurement laws and proposed alternatives, with a focus on market solutions.

BLACK MARKETS is impeccably researched and persuasively argued, though some of its points are certainly controversial. The book is aimed at and very accessible to a general audience, but it will also prove interesting and informative to legal, medical and public health academic …

Book Review: Tom Baker's The Medical Malpractice Myth, Barbara A. Noah

Faculty Scholarship

The Author reviews THE MEDICAL MALPRACTICE MYTH by Tom Baker, published by University of Chicago Press, 2005. Baker’s book confronts the idea that medical malpractice litigation is exploding and underserving plaintiffs and that their attorneys receive unjustified rewards while physicians struggle under the burden of high costs. The book strives to debunk the various aspects of this myth and offers directions for reform. Throughout the book, Baker very effectively connects the legal arguments and the insurance and litigation data to his broader points about the politics of tort reform. Baker’s style is concise, lively, and very readable. He effectively weaves …

Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin

Scholarly Works

This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.

The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli

Scholarly Works

Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …

Personalization For English Learners At A Small Conversion High School, Mary Jewell Edd

Dissertations

One of the most notable ways in which large, comprehensive high schools are working to meet the needs of the increasing numbers of English Language Learners (ELLs), and other students who may be struggling with academics, is by subdividing into smaller schools. One of the most appealing features of small schools is their emphasis on personalized instruction for students. While it takes many forms, personalizing education means knowing all students well and designing curriculum that meets their individual needs. Personalized learning environments hold enormous potential for improving the educational experiences, and even very lives, of English learners. The purpose of …

Review [Of Reading The Brontë Body: Disease, Desire, And The Constraints Of Culture By Beth Torgerson], Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman

Faculty Scholarship

The health care system in the United States is in turmoil. Patients are being harmed by too many, often fatal, mistakes. At the same time, physicians and hospitals are trying to cope with a costly medical malpractice crisis. These two crises create a vicious cycle. When something goes wrong in patient care, physicians and hospitals withhold apologies and offer as little information as possible for fear that anything they say may be used against them should patients or family members sue. Family members, in many cases, sue not only to receive compensation for injuries, but also in search of answers …

Domestic Partnerships, Implied Contracts, And Law Reform, Elizabeth S. Scott

Faculty Scholarship

The domestic partnership chapter of the Principles is the shortest chapter, but, as the contributions to this volume suggest, among the most interesting to many people. The legal regulation of informal intimate unions generally and particularly the Principles' approach of creating a status that carries the legal rights and obligations of marriage between cohabiting parties have generated considerable debate. In some quarters, the domestic partnership provisions are admired as an effective mechanism to protect dependent partners in marriage-like unions who otherwise may be unable to establish claims to property and support when their relationships end. Others praise the Principles for …

The Benefits Of A For-Credit Course For New Writing Center Staff, Richard Benjamin Crosby

Faculty Publications

Some questions about writing center theory and praxis never seem to change: how do we prepare for our clientele? How do we engage them? What questions should we ask? When should we direct them? And when should we encourage them to direct us? The list goes on. Fortunately, we consider it a virtue that we continue interrogating the same issues. As students of rhetoric, we realize that the answers to these questions often depend on the contexts in which they are asked. Thus, we give ourselves over to principles of adaptability. Instead of establishing rigid, universal rules that do not …

Objections In Conscience To Medical Procedures: Does Religion Make A Difference Lecture?, Kent Greenawalt

Faculty Scholarship

How should the government res pond if people refuse standard medical treatment? What should the government do if people refuse medical treatment for their children, and what autonomy should teenagers be given in making such choices? Is religion a proper basis for refusing such medical treatment? Furthermore, should medical practitioners have a privilege not to render services that they object to in conscience? This article analyzes such questions and proposes that the most sensible answers depend on context. Legislatures should sometimes create no exemptions, should sometimes create exemptions based on nonreligious criteria, and should sometimes use criteria framed in terms …

The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah S. Purdy

Faculty Scholarship

Political thinkers have long worried that freedom might be selfundermining, tending to erode the liberal rights and democratic politics that form its foundations. The argument has ancient and modern versions, versions of the political left and of the right. No doubt the only adequate answer is the sum of the answers to many particular questions: whether and when popular elections undermine liberal rights, how free markets enhance or undermine democracy, and so forth. In this article, I address an emerging problem in a central area of contemporary freedom: reproductive autonomy. I ask whether reproductive autonomy can undermine the political conditions …

Cognitive, Emotional, And Quality Of Life Outcomes In Patients With Pulmonary Arterial Hypertension, Joanne White, Ramona O. Hopkins, Eric G. Glissmeyer, Natalie Kitterman, C. Gregory Elliott

Faculty Publications

Background: The effects of pulmonary arterial hypertension on cardiovascular and physical function are well documented. Limited information exists regarding the effects of pulmonary arterial hypertension on cognitive function despite patient reports of problems with memory and attention. Our primary purpose was to determine if a prospectively identified cohort of pulmonary arterial hypertension patients had cognitive sequelae. Our secondary purpose was to determine the relationships between cognitive sequelae and neuropsychological test scores with depression, anxiety, and quality of life.

Methods: Forty-six adults with pulmonary arterial hypertension underwent assessment of cognitive function, depression, anxiety, and quality of life using standardized neuropsychological tests …

Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman

Maryland Law Review

No abstract provided.

Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington

Maryland Law Review

No abstract provided.

A Uniform Fee-Setting System For Calculating Court-Awarded Attorneys’ Fees: Combining Ex Ante Rates With A Multifactor Lodestar Method And A Performance-Based Mathematical Model, Matthew D. Klaiber

Maryland Law Review

No abstract provided.

Clark's Treatise On Corporate Law: Filling Manning's Empty Towers, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Almost 45 years ago, in an elegantly depressive account of the then current state of corporate law scholarship, Bayless Manning announced the death of corporation law "as a field of intellectual effort." Manning left us with an affecting image of a once grand field long past its prime, rigid with formalism and empty of content:

When American law ceased to take the "corporation" seriously, the entire body of law that had been built upon that intellectual construct slowly perforated and rotted away. We have nothing left but our great empty corporate statutes towering skyscrapers of rusted girders, internally welded together …

Interventions With Family Caregivers, Jonathan G. Sandberg

Faculty Publications

As a typical self-centered teenager, I struggled to find anything good about grandma moving in with us. Grandma required a lot of help with stairs, dressing, bathing; I noticed this brought a new kind of stress into our home. I think it was particularly hard on my mother, who provided most of the daily care for her mother-in-law. Living in a basement bedroom, I could escape form the stress if I wanted. I did not share a bathroom or hallway, I did not have to listen to incoherent talk and cries in the night as Alzheimer's disease began to take …

The Media As Participants In The International Legal Process, Monica Hakimi

Faculty Scholarship

We know what we know about current international events through the media. The media (with their instantaneous transmission of images and sound across great distances) inform us of everything from the train bombings in Madrid and London, to human rights abuses in Darfur, to the fall of Saddam Hussein’s Iraq. Yet the media do not simply communicate raw information; they selectively filter, define and give shape to the events that they cover — in terms of what is happening, whether it is appropriate, and how relevant international actors should and do respond. The media thus are the nerves of the …

Clothes Don't Make The Man (Or Woman), But Gender Identity Might, Jennifer L. Levi

Faculty Scholarship

The Ninth Circuit's recent decision in Jespersen v. Harrah's Operating Co., Inc. reflects the blinders on many contemporary courts regarding the impact of sex-differentiated dress requirements on female employees. Although some courts have acknowledged the impermissibility of imposing sexually exploitive dress requirements, they have done so only at the extreme outer limits, ignoring the concrete harms experienced by women (and men) who are forced to conform to externally imposed gender norms. On the other hand, some transgender litigants have recently succeeded in challenging sex-differentiated dress requirements. This success is due in part to their incorporation of disability claims based on …