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2006

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The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy Jan 2006

The Promise (And Limits) Of Neuroeconomics, Jedediah S. Purdy

Faculty Scholarship

Neuroeconomics — the study of brain activity in people engaged in tasks of reasoning and choice — looks set to be the next behavioral economics: a set of findings about how people make decisions that casts both light and doubt on widely accepted premises about rationality and social life. This Article explains what is most exciting about the new field and lays out some specific research tasks for it.

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The Limits Of Courage And Principle, Jedediah S. Purdy Jan 2006

The Limits Of Courage And Principle, Jedediah S. Purdy

Faculty Scholarship

Michael Ignatieff, the director of the Carr Center for Human Rights at Harvard's Kennedy School of Government, is not a lawyer. His work, however, treats issues of core concern to lawyers: nation-building, human rights, the ethics of warfare, and now, in his latest book, the proper relationship between liberty and security. The Lesser Evil is, in part, a book a legal scholar might have written: a normative framework for lawmaking in the face of the terror threat. It is also something more unusual: an exercise in an older type of jurisprudence. Ignatieff discusses law in the light of moral psychology …

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Simon Says Take Three Steps Backwards: The National Conference Of Commissioners On Uniform State Laws Recommendations On Child Representation, Jane M. Spinak Jan 2006

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 …

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Objections In Conscience To Medical Procedures: Does Religion Make A Difference Lecture?, Kent Greenawalt Jan 2006

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 …

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History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah S. Purdy Jan 2006

History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah S. Purdy

Faculty Scholarship

Carol Rose’s paper exemplifies qualities I have admired in Carol’s work since I first read her in 1999 and 2000. It also raises questions about her work and that of anyone who tries to follow in her footsteps. Because I am one of those chasers after methodological Rose petals, I am (at least) doubly interested in these questions.

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Training Parents In Consequence Delivery And To Initiate School Communication Using An Electronic Home-Based Reinforcement Program To Modify Students' Classroom Behaviors, Kashunda Lynn Williams Jan 2006

Training Parents In Consequence Delivery And To Initiate School Communication Using An Electronic Home-Based Reinforcement Program To Modify Students' Classroom Behaviors, Kashunda Lynn Williams

LSU Doctoral Dissertations

Existing research has shown that when parents and teachers work together, everyone benefits; students tend to earn higher grades, perform better on tests, attend school more regularly, have better behavior, and show more positive attitudes toward themselves and toward school (Canter, 2004). This study builds upon these findings by examining the effects of parent training and a parent implemented intervention (parent initiated home-school note via email) on students’ maladaptive classroom behavior and teachers’ ratings on Achenbach’s Teacher Report Form and Conner’s Ratings Scales. In addition, the effects of emailing parental performance feedback on parents’ adherence to intervention procedures (parent initiated …

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Viewing Novels, Reading Films: Stanley Kubrick And The Art Of Adaptation As Interpretation, Charles Bane Jan 2006

Viewing Novels, Reading Films: Stanley Kubrick And The Art Of Adaptation As Interpretation, Charles Bane

LSU Doctoral Dissertations

Greg Jenkins has observed that adaptation "is a presence that is woven into the very fabric of film culture." Although this statement is true, no definitive theory of adaptation exists. Critics and scholars ponder adaptation, yet cannot seem to agree on what makes an adaptation a success or a failure. The problem of adaptation stems from many sources. What, if anything, does a film owe the novel on which it is based? How, if possible, does a film remain faithful to its source? Is a film a version of a story or its own autonomous work of art? Who is …

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The Three Goals Of Taxation, Reuven S. Avi-Yonah Jan 2006

The Three Goals Of Taxation, Reuven S. Avi-Yonah

Articles

The current debate in the United States about whether the income tax should be replaced with a consumption tax has been waged on the traditional grounds for evaluating tax policy: efficiency, equity, and administrability. For example, Joseph Bankman and David Weisbach recently argued for the superiority of an ideal consumption tax over an ideal income tax on three grounds: First, that the consumption tax is more efficient because it does not discriminate between current and future consumption,' while both income and consumption taxes have identical effect on work effort. Second, that the consumption tax is at least as good at …

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Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker Jan 2006

Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker

Articles

When asked to provide commentary on another scholar's reflections on Grutterl and Gratz and affirmative action, I am usually struck by two fears. First, because so much ink has been spilled on this topic, I worry the main presenter will have nothing new and interesting to say. Today this worry has been put to rest; I am so pleased that Professor Dorothy Brown offers a number of novel and intriguing observations and, in the end, advances a novel and intriguing proposal about the role Critical Race Theory ought to play in our nation's law school classrooms. Second, for the same …

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Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja B. Starr Jan 2006

Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja B. Starr

Articles

The shift in sentencing fact-finding responsibility triggered in many states by Blakely v. Washington may dramatically change the complexity and type of questions that juries will be required to answer. Among the most important challenges confronting legislatures now debating the future of their sentencing regimes is whether juries are prepared to handle this new responsibility effectively - and, if not, what can be done about it. Yet neither scholars addressing the impact of Blakely nor advocates of jury reform have seriously explored these questions. Nonetheless, a number of limitations on juror decision making seriously threaten the accuracy of verdicts in …

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Law's Own Ontology: A Comment On Law's Quandary, Jospeh Vining Jan 2006

Law's Own Ontology: A Comment On Law's Quandary, Jospeh Vining

Reviews

This is the last sentence of Steven Smith's elegant book, Law's Quandary: "[I]n the meantime.., we would perhaps be wise to confess our confusion and to acknowledge that there are richer realities and greater powers in the universe than our meager modern philosophies have dreamed of."

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But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran Jan 2006

But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran

Articles

Steven, a minor living with his mother, enjoyed a nurturing relationship with his father, Mark. He saw his father every weekend and looked forward to their time together. Mark looked for ways in which to stay involved in his child's life. Two days ago, the Department of Human Services (DHS) removed Steven from his mother's custody because, unbeknown to Mark, Stevens mother was selling drugs in the home. At the time of removal, the police did not inquire about the whereabouts of Stevens father; DHS immediately placed Steven in a foster home.

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Perpetuating The Impermanence Of Foster Children: A Critical Analysis Of Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran Jan 2006

Perpetuating The Impermanence Of Foster Children: A Critical Analysis Of Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

The importance of expediting the placement of foster children into permanent homes has emerged as a dominant theme in child welfare policy. Identifying and finalizing legally secure placements provides children with psychological stability and a sense of belonging, and limits the likelihood of future disruptions of familial relationships. Upon a child's entry into foster care, child welfare agencies, under both federal and state laws, are compelled to develop a detailed plan to ensure a child's prompt placement into such a home. If a parent is unable to rectify the conditions causing the child's placement in foster care within a year, …

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Grados De Libertad: Democracia Y Antidemocracia En Cuby Y Luisiana, 1898-1900, Rebecca J. Scott Jan 2006

Grados De Libertad: Democracia Y Antidemocracia En Cuby Y Luisiana, 1898-1900, Rebecca J. Scott

Articles

This comparative study between the quest for political racial inclusivity in 1890s Louisiana and the fight against state-sanctioned racialized violence in Cuba in the early 1900s exposes similarities, tensions, and differences between the two systems. The article traces the evolving contests for citizenship and suffrage in each climate at the end of the 19th century and into the beginning of the twentieth, juxtaposing the expression of race, suffrage, and citizenship in the constitution and political climate of each locale. In 1898, the new Louisiana state constitution disenfranchised African-Americans, while in 1900 Cuba was positioning itself for a grant of universal …

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Commitment And Communication: The Aesthetics Of Receptivity And Historicity, Todd Mei Jan 2006

Commitment And Communication: The Aesthetics Of Receptivity And Historicity, Todd Mei

Contemporary Aesthetics (Journal Archive)

A general tension in contemporary aesthetics can be described as existing between objective truth claims and historical relativity. The former is generally represented by the Enlightenment approaches and its descendants that ground aesthetic judgment in rationality. The latter characterizes the postmodern appeal to historicity and the exposure of historical prejudice. Following mostly the hermeneutical philosophy of Heidegger, Gadamer, Ricoeur, and Dupré, this paper argues how aesthetic theory, defined by either pole, inadequately accounts for historicity. In response to this critique, this paper attempts to navigate between these two poles in returning to an analysis of the nature of history and …

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Musical Experience As Aesthetic: What Cost The Label?, Wayne Bowman Jan 2006

Musical Experience As Aesthetic: What Cost The Label?, Wayne Bowman

Contemporary Aesthetics (Journal Archive)

This brief essay draws upon a number of themes introduced in Carolyn Korsmeyer's recent book Gender and Aesthetics: An Introduction (New York: Routledge, 2004; ISBN: 0415266599). It does not attempt a comprehensive or critical review of her book; instead it focuses selectively on certain of her points in order to raise concerns of some significance to the music education discipline and, perhaps, to philosophical aesthetics. [1]

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On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow Jan 2006

On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow

Articles

It was once perceived, and still is commonly taught, that default rules in contract law must mimic efficient arrangements. Otherwise, these rules impose needless transaction costs upon parties who seek to opt out of them to reach more efficient positions. In settings where these costs are high, parties might find themselves "stuck" in a default, unable to reach the outcome that they prefer. The strong version of this account-that the only factor that can make an inefficient default rule stick is the direct cost of drafting a tailored provision-has been gradually reappraised. It is by now recognized that factors beyond …

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Maiming The Cubs, James J. White Jan 2006

Maiming The Cubs, James J. White

Articles

It is easy to believe that students are made anxious and even depressed by law school and that the anxiety and depression stay with many students throughout school. It is harder to believe that these stresses cause permanent and irreversible change and that the ills of lawyers are traced in any meaningful way to the stresses of the three years of law school.

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Confrontation After Crawford: The Decision's Impact On How Hearsay Is Analyzed Under The Confrontation Clause, Jerome C. Latimer Jan 2006

Confrontation After Crawford: The Decision's Impact On How Hearsay Is Analyzed Under The Confrontation Clause, Jerome C. Latimer

Seton Hall Law Review

No abstract provided.

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A Therapeutic Jurisprudential Approach To Guardianship Of Persons With Mild Cognitive Impairment, Patricia C. Mcmanus Jan 2006

A Therapeutic Jurisprudential Approach To Guardianship Of Persons With Mild Cognitive Impairment, Patricia C. Mcmanus

Seton Hall Law Review

No abstract provided.

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Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael Jan 2006

Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael

Seton Hall Law Review

No abstract provided.

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Compensatory Or Punitive Damages? Tarr V. Ciasulli Blurs The Distinction, Timothy R. Freeman Jan 2006

Compensatory Or Punitive Damages? Tarr V. Ciasulli Blurs The Distinction, Timothy R. Freeman

Seton Hall Law Review

No abstract provided.

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The Varieties Of Aesthetic Disinterestedness, Norman Kreitman Jan 2006

The Varieties Of Aesthetic Disinterestedness, Norman Kreitman

Contemporary Aesthetics (Journal Archive)

Disinterestedness, a comparatively recent concept in aesthetics, is commonly held to be one of the characteristics of an appropriate response to art, but can be understood in a number of senses. Three varieties are distinguished: a strong form which confines attention exclusively to the internal relations of the work of art; a moderate variety which links internal and external features of the work but solely within the cognitive domain; and a weak form which permits the appreciator to draw on a wide range of external referents but proscribes purely idiosyncratic responses. An illustration is given of the confusion which can …

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Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt Jan 2006

Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt

Richmond Journal of Law & Technology

Plagiarism is an issue of trust. If we respect honor codes, we gain the comfort of knowing that what we read is spoken in the voice of the author and what we write will not be misrepresented as someone else’s original work. Are these simple comforts anachronistic? Perhaps. Acts of plagiarism among students are on the rise, and recently, a series of famous academics, historians, journalists, and even a Tony-award nominated playwright have been accused of plagiarism. If our academic communities hope to reverse this trend, we must reflect on how and why plagiarism occurs and what we can do …

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Sexual Identity Construction Among Lesbian, Bisexual And Unlabeled Women, Kelly Brooks Jan 2006

Sexual Identity Construction Among Lesbian, Bisexual And Unlabeled Women, Kelly Brooks

Open Access Dissertations

Current research and theory regarding women's experience of sexuality depict more flexibility and variability in sexual identity development and self-labeling than generally accounted for in traditional sexual identity models. The present study examined lesbian and bisexual women's use of sexual identity labels, attitudes about sexual fluidity and self-labeling, and patterns associated with sexual identity processes. Two hundred nineteen women with same-sex attractions or experiences participated in the study, completing an anonymous online survey. The majority of participants (85.4%) identified as White, with ages ranging from 18 to 69. One hundred eighteen women identified as lesbian, 59 as bisexual, 5 as …

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Exploring The Experiences Of Gay, Lesbian, And Bisexual Adolescents In School: Lessons For School Psychologists, Marjorie Cooper-Nicols Jan 2006

Exploring The Experiences Of Gay, Lesbian, And Bisexual Adolescents In School: Lessons For School Psychologists, Marjorie Cooper-Nicols

Open Access Dissertations

This study utilized modified grounded theory methodology with gay, lesbian, and bisexual (GLB) adolescents to explore three research questions: (1) How have schools responded to GLB youth? (2) What are some of the factors that help or hinder development of a healthy sexual identity for GLB adolescents? and (3) How does being involved in a community GLB youth organization impact GLB youth? Prior research has demonstrated that schools are often hostile environments for GLB youth. With little recognition and support, GLB adolescents are a group at risk for depression, suicide, substance abuse, violence, and school failure. Participants in this study …

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Youth At Risk For Alcohol Use And Smoking: A Longitudinal Examination Of Profiles Of Prevention, Andrea Eastwood Paiva Jan 2006

Youth At Risk For Alcohol Use And Smoking: A Longitudinal Examination Of Profiles Of Prevention, Andrea Eastwood Paiva

Open Access Dissertations

The current study was designed to examine the Profiles of Prevention among non-drinking and non-smoking adolescents. Research across age groups (elementary, middle and high school), populations (U.S., U.K., and Israel), and substances (tobacco, alcohol and other drugs) has consistently identified four profiles of non-users who vary in their risks for substance use: (1) Most Protected from substance use; (2) Most Tempted to use substances; (3) Most Negative about staying substance free; and (4) Least Positive about being substance free. These profiles have demonstrated both internal and external validity in cross-sectional data. This longitudinal research focuses on students who remain substance …

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"Defining A New Normal": An Exploration Of Psychosocial Adjustment In Young Adult Survivors Of Adolescent Cancer, Kristen J. Quinlan Jan 2006

"Defining A New Normal": An Exploration Of Psychosocial Adjustment In Young Adult Survivors Of Adolescent Cancer, Kristen J. Quinlan

Open Access Dissertations

Psycho-oncology has been limited by inconsistent definitions of adjustment, leading to inconsistent information about the correlates of adjustment among adult survivors of pediatric cancer. Further, adolescent survivors are seldom broken out for special analysis, even though there are vast medical and developmental differences between those diagnosed during adolescence and those diagnosed at a younger age. The current study utilized a mixed method approach examine adjustment with 7 female and 5 male survivors of cancer who were diagnosed during adolescence. Thematic analysis revealed that adjustment is the process of changing one's perspective or redefining oneself as one works to determine a …

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An Examination Of The Relationship Between Perceived Parental Involvement And Adolescent Eating And Exercise Habits, Pamela Lea Steadman Jan 2006

An Examination Of The Relationship Between Perceived Parental Involvement And Adolescent Eating And Exercise Habits, Pamela Lea Steadman

Open Access Dissertations

Pediatric obesity is a major public health concern with alarming increases in prevalence rates over the past three decades, despite improvements in treatment and prevention efforts. Much of the focus on pediatric obesity prevention has revolved around children; however, little attention has been targeted toward adolescents. The current study is the first to examine the contribution of parental and adolescent perceptions of parental involvement in adolescent eating and exercise habits. Forty-six adolescent-parent dyads completed measures of perceived parental concern, responsibility, control and pressure exerted over adolescent health behaviors (AHB). Adolescents completed measures of current physical activity, eating habits, weight control …

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Objectification Or Liberation? Bisexual And Lesbian Women's Experiences With Physical Appearance, Amy Black Jan 2006

Objectification Or Liberation? Bisexual And Lesbian Women's Experiences With Physical Appearance, Amy Black

Open Access Dissertations

Using a multi-method qualitative design and analytic approaches derived from grounded theory, the current study examined the appearance standards within lesbian and bisexual communities and how these norms relate to lesbian and bisexual women's psychological experiences with physical appearance. The study investigated how the women's diverse social identities relate to these experiences. Participants consisted of a relatively diverse sample of 24 bisexual (n = 10) and lesbian (n = 14) women who took part in 1 of 4 focus groups. From this sample, 4 bisexual women and 6 lesbians were recruited to participate in in-depth interviews. Participants represented a broad …

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