Digital Commons Network^™

Book Review: Body Work: The Social Construction Of Women’S Body Image, S. M. Belcher

Journal of International Women's Studies

Review of Body Work: The Social Construction of Women’s Body Image by Sylvia K. Blood

Gender, Romance Novels And Plastic Sexuality In The United States: A Focus On Female College Students, Huei-Hsia Wu

Journal of International Women's Studies

This analysis gauges gender difference in time spent reading romance novels and sexuality. Respondents were 770 white American college students, including 436 females and 334 males, age 17–49. Males are viewed as a reference group. Drawing upon the “plastic sexuality” thesis and feminist theory, this study hypothesizes that female readers of romance novels have higher levels of interest in sexuality (at least in the attitudes) than male readers, and non-readers but such a sexual interest is not necessarily converted into a more active sexual behavior. Most romance novels promote deeply constraining patriarchal values, reading romance novels plays a role in …

Montana Kaimin, November 1, 2006, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula. Page 12 is missing.

The Nato-Russia Partnership: A Marriage Of Convenience Or A Troubled Relationship?, Stephen J. Blank Dr.

Books, Monographs & Collaborative Studies

Four years after the NATO-Russia Council came into being, it represents a picture in ambivalence and incomplete realization of partnership. This monograph focuses on the Russian side of this growing estrangement. It finds the Russian roots of this ambivalence or alienation in the increasingly visible manifestations of an autocratic and neo-imperial Russian state and foreign and defense policy. These strong trends in Russian policy inhibit the formation of a genuine security partnership that can provide for Eurasian security in the face of multiple contemporary threats. Indeed, it is debatable whether Russia really wants a comprehensive partnership with NATO. The author …

Defining The Antidiscrimination Norm To Defend It, Mark Kelman

San Diego Law Review

We may mean very different things when we say that an actor (the putative defendant in a lawsuit designed to alter the behavior in which he would engage but-for legal intervention) "discriminates" against another person (the suit's putative plaintiff). Recognizing this difference is helpful because it demonstrates that we should be extremely clear in using a term that does not have a single, uncontested meaning. More importantly, it reveals why we have certain norms against private discrimination, particularly in the employment market and a subset of markets in which customers purchase goods and services.

Private Discrimination: A Prioritarian, Desert-Accommodating Account, Kasper Lippert-Rasmussen

San Diego Law Review

Most of us would consider a state's discrimination against its citizens-say, by refusing to hire them on account of their sex, race, religion, or ethnicity-clearly unjust, something in urgent need of rectification. Yet we often take a less censorious view of discriminatory acts by private individuals who choose not to share their neighborhood with, associate with, trade with, work with, befriend, marry, or be buried in the same graveyards as people of a different sex, race, religion, or ethnicity. On reflection, this asymmetry is puzzling. It cannot be explained by saying that state discrimination has graver consequences involving more people …

Sameness, Subordination, And Perfectionism: Toward A More Complete Theory Of Employment Discrimination Law, Kimberly A. Yuracko

San Diego Law Review

This Article focuses on two muddled and contested areas of sex discrimination case law - the first deals with sexuality and the second with gender nonconformity in the workplace. Both are areas in which courts, at times, impose significant accommodationist demands on employers in the name of Title VII's antidiscrimination mandate. Section II addresses cases in which employers attempt to discriminate on the basis of sex in order to protect customers' personal or sexual privacy or to provide customers with a particular kind of sexual titillation. As a general matter, courts permit discrimination in the first type of case - …

Reflections On Equality, Adjudication, And The Regulation Of Sexuality At Work: A Response To Kim Yuracko, Orly Lobel

San Diego Law Review

I make three observations on Yuracko's thesis to explain these ideas. First, in Part II, I argue that it is possible to explain the case law distinctions between various categories of BFOQ claims within the liberal model of antidiscrimination. Specifically, I turn to a more robust analysis of the antisubordination paradigm than Yuracko describes in her paper. I argue that we should consider the dangers of under-inclusion in one sector as the result of structural inequalities across the workforce. Because of the need to take a more macro approach in addressing the effects of discrimination on the market at large, …

Reflections On Discrimination, Alan Wertheimer

San Diego Law Review

In the background are two claims that I want to put on the table. First, although it may be wrong for people to engage in a particular form of discrimination, it does not follow that the government should seek to prevent that discrimination. Second, although it may not be wrong for people to engage in a particular form of discrimination, it does not follow that it would be wrong for the government to seek to prevent that discrimination or to mitigate its effects. The wrongness of individual behavior is obviously related to the justifiability of state action, but the correlation …

Left Libertarianism: What's In It For Me?, H. E. Baber

San Diego Law Review

Left libertarianism cannot effectively promote equal opportunity for well-being. Neither direct distributions from the rent fund nor financial incentives for firms will significantly reduce gross, ongoing discrimination which locks most women into a narrow range of boring, dead-end, pink collar drudge jobs and puts minorities at a disadvantage in hiring, housing, and access to credit. Left libertarianism: What's in it for me? Not much.

Why Not Regulate Private Discrimination?, Matt Zwolinski

San Diego Law Review

In this Article I examine the disparity between attitudes toward regulating private discrimination and those concerning the regulation of what I will call "commercial" discrimination. My hope is to find a theory that can simultaneously explain these divergent attitudes by providing an account that fits the various aspects of our legal practices and our attitudes toward them, and justify those practices by providing an account that makes the divergence attractive from a moral point of view. I focus on an explanation of the disparity that is grounded in three different sorts of considerations: differences in our epistemological access to private …

Violence And Coping Of Emergency Department Nurses, Sarah Fraser

Graduate Research Projects

The purpose of this research is to gather information about the types of interventions that best help victims of ED violence. Studies demonstrate that there is a definite problem of violence in the Emergency Department (ED). Studies also show there has been an increase in the victimization of ED staff. The problem of violence in the ED is not just a problem within the United States but also found in countries such as Ireland and Australia. There is a need to improve the safety measures of the ED so that staff will feel safe and can perform their jobs efficiently …

Juror Questions During Trial: A Window Into Juror Thinking, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, Sven Smith

Vanderbilt Law Review

The jury has undergone a dramatic transformation from its earliest incarnation when jurors acted as witnesses, investigators, and tribunal. In the modern American jury trial, the parties determine what jurors learn during the proceedings. Jurors of today, assigned the role of audience members until deliberations begin, typically speak in the courtroom only during jury selection and through their verdict at the end of the trial. In light of their enforced silence throughout the trial, jurors have no opportunity to clarify or check on their interpretation of the evidence and they provide few external indications about their thinking as the trial …

The Commodification Of Insurance Defense Practice, Herbert M. Kritzer

Vanderbilt Law Review

In this paper, I present an analysis of insurance defense practice using the heuristic of a commodity.7 Essentially, I argue that many, perhaps even most, insurance companies have come to view the more routine work of insurance defense as something to be purchased in a marketplace where there are a large number of interchangeable providers.8 Loyalty between buyer and seller, to the extent that it had been an important element of the relationship, has faded. Today, insurance companies frequently shop for the best deal, which may include producing insurance defense services in-house rather than purchasing those services from an outside …

In Texas, Life Is Cheap, Frank Cross, Charles Silver

Vanderbilt Law Review

What is the life of a Texan worth? Some might suggest very little. Payments in thousands of tort cases in which Texans died provide some evidence for this hypothesis. Although Texas has been a focus of much of the national controversy over the costs of tort litigation, payments in death cases have seen relatively little disciplined research. Existing research often misses the primary effect of the system because it focuses on trial outcomes rather than settlement payments. This Article provides some evidence of the actual payments made in Texas in death cases, their determinants, and the implications of those findings …

Ciceronian Business Ethics, Owen Goldin

Philosophy Faculty Research and Publications

No abstract provided.

Refining The Production Burden For "Regarded As Disabled" Claimants, Jennifer Schechter Sharret

Cardozo Law Review

No abstract provided.

Proportional Process Conflict In Undergraduate Cooperative Learning Groups, Glenna K. Dunn

Doctoral Dissertations and Projects

The first purpose of this research was to determine if minimal training on the concepts and effects of relational, task, and process conflict would have an effect on proportional process conflict (Jehn, 2000) in undergraduate cooperative learning groups. Proportional process conflict is explained as the amount of process conflict in proportion to relational and task conflict and to the overall amount of conflict within the group. The second purpose was to increase knowledge about the cultural patterns and perspectives of undergraduate cooperative learning groups. The sample consisted of 68 undergraduate students from four classes of the same course at a …

The Cognitive Psychology Of Circumstantial Evidence, Kevin Jon Heller

Michigan Law Review

Empirical research indicates that jurors routinely undervalue circumstantial evidence (DNA, fingerprints, and the like) and overvalue direct evidence (eyewitness identifications and confessions) when making verdict choices, even though false-conviction statistics indicate that the former is normally more probative and more reliable than the latter The traditional explanation of this paradox, based on the probability-threshold model of jury decision-making, is that jurors simply do not understand circumstantial evidence and thus routinely underestimate its effect on the objective probability of the defendant's guilt. That may be true in some situations, but it fails to account for what is known in cognitive psychology …

"Eggshell" Victims, Private Precautions, And The Societal Benefits Of Shifting Crime, Robert A. Mikos

Michigan Law Review

Individuals spend billions of dollars every year on precautions to protect themselves from crime. Yet the legal academy has criticized many private precautions because they merely shift crime onto other, less guarded citizens, rather than reduce crime. The conventional wisdom likens such precaution-taking to rent-seeking: citizens spend resources to shift crime losses onto other victims, without reducing the size of those losses to society. The result is an unambiguous reduction in social welfare. This Article argues that the conventional wisdom is flawed because it overlooks how the law systematically understates the harms suffered by some victims of crime, first, by …

“Statistical Dueling” With Unconventional Weapons: What Courts Should Know About Experts In Employment Discrimination Class Actions, William T. Bielby, Pamela Coukos

ExpressO

When statistical evidence is offered in a litigation context, the result can be bad law and bad statistics. In recent high profile, high-stakes employment discrimination class actions against large multinationals like UPS, Wal-Mart, and Marriott, plaintiffs have claimed that decentralized and highly discretionary management practices result in systematic gender or racial disparities in pay and promotion. At class certification, plaintiffs have relied in part on statistical analyses of the company’s workforce showing companywide inequality. Defendants have responded with statistical presentations of their own, which frequently demonstrate widely varying outcomes for members of protected groups in different geographic areas of the …

Download The Pdf Of The Full Issue

CenterPieces

For easy printing, the full newsletter is available as a single PDF.

Message From Dr. Laura Gitlin, Director Of Carah, Laura N. Gitlin

CenterPieces

Welcome to the first issue of CenterPieces, the newsletter of the Center for Applied Research on Aging and Health.

Aging is a highly personal phenomenon. It obviously affects each of us on an individual, familia, and socio-political-economic level. Only a short 50 years ago, aging was viewed as a disease rather than a natural and important stage of human development. Although older people are at increased risk for heart disease, cancer, stroke, falls and cognitive impairments, more so than any other age group, new scientific breakthroughs show that frailty and physical and cognitive decline is a complex phenomenon and not …

The Bates Student - Volume 136 Number 06 - October 31, 2006, Bates College

The Bates Student

No abstract provided.

Grand Valley Forum, Volume 031, Number 14, October 31, 2006, Grand Valley State University

2006-2007, Volume 31

Grand Valley Forum is Grand Valley State's faculty and staff newsletter, published from 1976 to the present.

Rotunda - Vol 85, No 8 - Oct 31, 2006, Longwood University

Rotunda

No abstract provided.

Mustang Daily, October 31, 2006

Cal Poly Student Newspaper

Student newspaper of California Polytechnic State University, San Luis Obispo, CA.

Volume 44, Number 21: October 31, 2006, University Of North Dakota

University Letter Archive

No abstract provided.

Daily Eastern News: October 31, 2006, Eastern Illinois University

October

No abstract provided.

Crow's Nest, October 31, 2006, Crow's Nest Staff

Crow's Nest

The October 31, 2006, issue of the Crow's Nest.