Digital Commons Network^™

You Drink, You Drive, You Lose: Or Do You?, Tina Wescott Cafaro

Faculty Scholarship

This Article explores different ways to effectively discourage the crime of alcohol impaired driving. Part I analyzes the trend of utilizing preventive educational measures to counteract societal acceptance of this crime and the shortcomings of relying exclusively on this measure. Part II discusses OUI prevention based on deterrence and the use of stricter penalties, such as mandatory jail sentences, to stop alcohol impaired drivers. This section explores whether the trend of increasing the severity of the punishment for OUI offenses is effective in stopping the crime. This section also discusses the shortcomings of OUI legislation that make deterrence of OUI …

A Drug By Any Other Name ... ? Paradoxes In Dietary Supplement Risk Regulation, Lars Noah, Barbara A. Noah

Faculty Scholarship

Dietary supplements present vexing regulatory challenges for the Food and Drug Administration (FDA). Although several observers have called for reform or repeal of Dietary Supplement Health and Education Act (DSHEA), and the FDA often has lamented its lack of meaningful authority over dietary supplements, this Author suggests that the agency actually possesses the regulatory muscle to adopt a more aggressive risk identification and risk management strategy within the confines of DSHEA, and that it need not ask Congress to amend the statute.

The Role Of Religion In The Schiavo Controversy, Barbara A. Noah

Faculty Scholarship

The brief life of Theresa Marie Schiavo and the dispute over her end-of-life care captured public awareness in a way that few such cases have done. The reasons for the nearly unprecedented public attention to her case are two-fold. The decision by various religious groups and governmental entities to intervene in the dispute surrounding her care in order to promote conservative causes (some of them only tenuously related to her particular medical circumstances) prompted unusually intense media coverage. In addition, the ensuing publicity surrounding Theresa's tragic condition--an unexpected cardiac arrest left her in a permanent vegetative state at the age …

Institutional Coordination And Sentencing Reform, Daniel C. Richman

Faculty Scholarship

Deciding how much time a person should spend in prison for a serious crime is an inherently moral and political act. And it is certainly coldhearted and philosophically problematic to view sentencing as just an agency problem with criminal defendants as objects of a system in which prison terms are simply outputs. So I will not even try to justify resorting to a narrow institutional perspective as a normative matter. But, for better or worse, those political actors with the greatest influence on sentencing regimes have to think in aggregate terms. While there is considerable normative appeal to the idea …

The Private Memoirs And Confessions Of A Justified Collector Of Scottish Books, Ryan Shirey

Neureuther Book Collection Essay Competition

Graduate Winner: 1st Place, 2006. 19th Annual Carl Neureuther Student Book Collection Competition.

Women's Wisdom: Sharing Her Voice, Jennifer Feder

Neureuther Book Collection Essay Competition

Undergraduate Winner: 1st Place, 2006. 19th Annual Carl Neureuther Student Book Collection Competition.

Symposium On Abolishing Civil Marriage: An Introduction, Edward Stein

Cardozo Law Review

No abstract provided.

Deregulating Marriage: The Pro-Marriage Case For Abolishing Civil Marriage, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

A Marriage Skeptic Responds To The Pro-Marriage Proposals To Abolish Civil Marriage, Nancy J. Knauer

Cardozo Law Review

No abstract provided.

And The State Makes Three: Should The State Retain A Role In Recognizing Marriage?, Charles J. Reid Jr.

Cardozo Law Review

No abstract provided.

A Case For Civil Marriage, Carol Sanger

Cardozo Law Review

No abstract provided.

Weasel Numbers, Reza Dibadj

Cardozo Law Review

No abstract provided.

Assignability Of Covenants Not To Compete: When Can A Successor Firm Enforce A Noncompete Agreement?, Adam Schneid

Cardozo Law Review

No abstract provided.

Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson

Cardozo Public Law, Policy & Ethics Journal

The note argues that the current legal standard for restricting students' First Amendment rights in public schools, established by Tinker v. Des Moines, is inadequate as it requires schools to wait for disruptions before acting, potentially leading to violence. It advocates for a more proactive approach, allowing schools to suppress speech if there is a reasonable likelihood of disruption, based on factors like past incidents or specific threats. This proposed standard aims to balance safety with free speech while prioritizing a secure learning environment.

Analyzing Post-Market Boom Jurisprudence In The Second And Ninth Circuits: Has The Pendulum Really Swung Too Far In Favor Of Plaintiffs?, Daniela Nanau

Cardozo Public Law, Policy & Ethics Journal

The note argues that the Private Securities Litigation Reform Act (PSLRA) has not overly favored plaintiffs but rather corrected the imbalance caused by its initially burdensome pleading requirements. It critiques the PSLRA for potentially discouraging meritorious claims and advocates for a more balanced approach to pleading scienter in securities fraud cases. The author suggests that Congress should adopt the Second Circuit's flexible standard for assessing scienter, as it better aligns with the need to deter fraud while avoiding excessive litigation costs.

Protecting The Rights Of Litigants With Diminished Capacity In The New York City Housing Courts, Jeanette Zelhof, Andrew Goldberg, Hina Shamsi

Cardozo Public Law, Policy & Ethics Journal

The article addresses the challenges faced by individuals with mental illnesses or age-related infirmities in navigating the New York Housing Court system. It highlights the need for improved protections, including ADA accommodations and the right to counsel, to ensure equal access and fair proceedings for these vulnerable litigants.

Rulemaking In The Ages Of Globalization And Information: What America Can Learn From Europe, And Vice Versa, Peter L. Strauss

Faculty Scholarship

This Article stems from a project on European Union Administrative Law undertaken by the American Bar Association's Section on Administrative Law and Regulatory Practice. It explores the generation of normative texts by the Commission of the European Union, its executive body, from the perspective of Americans familiar with notice and comment rulemaking. Legislative drafting (an exclusive responsibility of the Commission), subordinate measures corresponding to American rules and regulations, and soft law generated by the Commission are all considered In creating legislative proposals, the Commission uses techniques quite like American rulemaking, but with consultative practices (including electronic consultations) that seem more …

A Case For Civil Marriage, Carol Sanger

Faculty Scholarship

There has been a frenzy of legislative activity aimed at nailing down the legal definition of marriage to make sure that there will be no more nonsense about same-sex monograms or same-sex marriage applications. In an effort to slow down the frenzy, and to encourage those within the academy to think harder about the on-going problem of what to do about marriage, Professor Edward Stein has posed a straightforward question: Should civil marriage simply be abolished? In this mini-symposium, Professors Edward Zelinsky and Daniel Crane have provided two answers to his question: yes and yes.

Although I am a Contract …

Why Have A Telecommunications Law? Anti-Discrimination Norms In Communications, Tim Wu

Faculty Scholarship

This paper describes a vision of what telecommunications laws’ central goals should be in coming decades, and what kind of legal instruments will serve those goals. The telecommunications law, I suggest, has been preoccupied with three projects: allocating rights, managing discrimination, and achieving various social goals, like indecency regulation. This paper argues that in the future the main point of the telecommunications law should be as an anti-discrimination regime, and that the main challenge for regulators will be getting the anti-discrimination rules right.

The view advanced here, while much popularized over the last decade, has deeper roots reaching back to …

Adding Adequacy To Equity: The Evolving Legal Theory Of School Finance Reform, Richard Briffault

Faculty Scholarship

The law of school finance reform is conventionally described as consisting of three waves, each associated with a distinctive legal theory – a first wave based on federal equal protection arguments, a second equity wave based on state equal protection clauses, and a third adequacy wave based on state constitutional education articles. The asserted shift from equity to adequacy has been credited with the increasing success of school finance reform plaintiffs.

The wave metaphor and especially the differences between the second and third waves, however, have been sharply overstated – temporally, textually, in terms of litigation success, and as a …

Rational Choice And Developmental Influences On Recidivism Among Adolescent Felony Offenders, Jeffrey Fagan, Alex R. Piquero

Faculty Scholarship

Recent law and scholarship has claimed that the developmental limitations of adolescents affect their capacity for control and decision making with respect to crime, diminishing their culpability and reducing their exposure to punishment. Social science has focused on two concurrent adolescent developmental influence: the internalization of legal rules and norms that regulate social and antisocial behaviors, and the development of rational thought to frame behavioral choices and decisions. The interaction of these two developmental processes, and the identification of one domain of socialization and development as the primary source of motivation or restraint in adolescence, is the focus of this …

Capital Punishment And Capital Murder: Market Share And The Deterrent Effects Of The Death Penalty, Jeffrey Fagan, Franklin Zimring, Amanda Geller

Faculty Scholarship

The modem debate on deterrence and capital punishment, now in its fourth decade, was launched by two closely timed events. The first was the 1976 United States Supreme Court decision in Gregg v. Georgia, which restored capital punishment after its brief constitutional ban following Furman v. Georgia in 1972. In 1975, Professor Isaac Ehrlich published an influential article saying that during the 1950s and 1960s, each execution averted eight murders. Although Ehrlich's article was a highly technical study prepared for an audience of economists, its influence went well beyond the economics profession. Ehrlich's work was cited favorably in Gregg …

Negotiating Boundaries From Within: A Feminist-Psychodynamic Investigation Of Bulimia And Emotional Expression In Context, Deborah Pollack

Electronic Theses and Dissertations

In light of research demonstrating that eating disordered women have difficulty recognizing and expressing emotions, this study began by critiquing the popular conclusion that bulimic behavior signifies an arrest at the separation-individuation phase of development. Since the prevalence of bulimia nervosa has increased dramatically in the past thirty years, socio-cultural factors must also play an important role. This investigation therefore attempted to illuminate how dominant cultural ideologies perpetuate stereotypic, gendered family structures, which in turn shape the intra-psychic and interpersonal psychodynamics of bulimic women.

This multifarious approach towards understanding the construction of bulimic subjectivity necessitated that the present study use …

Adolescent Female Embodiment As A Transformational Experience In The Lives Of Women: An Empirical Existential-Phenomenological Investigation, Allyson Havill

Electronic Theses and Dissertations

Adolescence can be a time of psychological vulnerability in the life cycle of a woman as she experiences multiple developmental changes. As articulated in the literature related to adolescent female development, a changing body may be at the heart of what can make this a time of profound transition for the adolescent girl as she attempts to negotiate alterations in her identity and self-concept, and consequently her social roles.

The purpose of this investigation of adolescent female embodiment was to understand the experience of adolescent girls as it relates to their changing bodies, and to explore the question of whether …

A Policy Analysis Of Two Preschool Prevention Programs In Ontario, Seema Aggarwal

Theses and Dissertations (Comprehensive)

The purpose of this research was to examine issues relevant to best practices for preschooler mental health prevention policy so as to inform future prevention policy. Data were gathered through the examination of two preschool prevention programs, Ontario Early Years Centres (OEYCs) and Healthy Babies, Healthy Children (HBHC). These prevention programs were examined with respect to four major issues: (a) the ideology and origins of the program, (b) theoretical underpinnings, (c) research base, and (d) implementation and adaptation issues. To explore these four issues, qualitative methods were used in the form of document reviews (two documents for the Early Years …

Will Your Money Tree Be Tainted?: The Standard Ethical Guidelines For College Foundations And The Importance Of Institutional Compliance, Heather Lynae Bremer-Miller

Dissertations and Theses @ UNI

As private donations to higher education have increased, so too has the scrutiny about fundraising methods used to attain these monies. In some cases this increase scrutiny has led to the media uncovering unethical practices of the fundraising profession. Ethical behavior ( or the lack of it) affects the entire nonprofit sector and the fundraising profession. Today, one incident can be detrimental the entire sector's credibility. The development professional has an obligation to uphold the highest ethical standards in fundraising. But what are the standard ethical guidelines? This study was designed to determine the standard ethical guidelines for colleges· fundraising …

Perception Of Youth Participation Of Human Service Collaboration Among Youth Workers In Hong Kong, Yuet-Mui Kong

Dissertations and Theses @ UNI

Human Service organizations face various challenges to providing services for their clients. Several studies pointed out the benefits of inter-organizational collaboration and youth participation. Both concepts share some common beliefs and values. They may have a role in contributing to solutions and improvements. The purpose of this study was to examine if and how youth service organizations in Hong Kong involve young people in inter-organizational collaboration. The study was designed to answer: (a) What are the characteristics of inter-organizational collaborations? (b) Is youth participation being included in inter-organizational collaboration? ( c) In what stage do young people participate in the …

Relationship Between Pre-Service Physical Education Teachers’ Value Orientation In Curriculum Decisions And Attitudes Towards Teaching Students With Disabilities, Wing Yin Tai

Dissertations and Theses @ UNI

The purpose of this study was to investigate the relationship between pre-service teachers' value orientation in making curriculum decisions and their attitudes toward teaching students with disabilities. Results of this study will provide suggestions for current teacher education curricula and help pre-service teachers meet the demands in inclusive settings. Participants in this study included 49 volunteer junior and senior students at the University of Northern Iowa majoring in Physical Education (Teaching). Data collection in this study was achieved through a questionnaire that included the Value Orientation Inventory (VOi-SF) and the Physical Educators' Attitudes toward Individuals with Disabilities III (PEATID-III). The …

Stages Of Change, Process Of Change, Self-Efficacy, Decisional Balance, And Behavior Intention For Exercise Behavior By Young Adults, Danielle Johnson

Dissertations and Theses @ UNI

The purpose of this study was to assess stage transitions, processes of change, self-efficacy, decisional balance, and behavioral intention measures of exercise among college students enrolled in a conceptual-based university wellness class. A sub-problem of the study was to utilize the Transtheoretical Model as a basis for comparing two approaches of sequencing course content. Results are based on responses to a questionnaire completed by 164 students enrolled in the Personal Wellness course ( 440:010 sections 02 and 06) and the Human Identity and Relationships course (310:053 sections 02 and 05) during the Spring 2002 semester. The 46-item, self-report questionnaire was …

A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus

Faculty Scholarship

No abstract provided.