Digital Commons Network^™

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 …

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett

Journal Articles

This Article challenges a foundational assumption about eminent domain - namely, that owners are systematically undercompensated because they receive only fair market value for their property. The Article shows that, in fact, scholars have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of eminent domain. The Article examines three ways that Takers (i.e., non-judicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high-subjective-value properties. Second, Takers frequently must pay more compensation in the form of relocation assistance. Third, Takers and property owners …

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 …

They Who Persist: A Longitudinal Quantitative Case Study Of A University Student Cohort, Kenneth J. Marra Phd

Dissertations

Since the first published work on student persistence in 1929 by Edgerton and Toups, there have been literally thousands of studies that have attempted to unravel the mystery of why some higher education students persist through to graduation while others do not. Many of these studies have been qualitative in nature, restricting their generalizability, while those that have used the few existing national databases to quantitatively study persistence have been restricted to looking within a single year at multiple institutions. What is clearly missing from the literature are methodologically sound, year-to-year persistence studies conducted at individual institutions. This deficiency in …

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.

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 …

Theories Of Creativity And The Saga Of Charlotte Brontë, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

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.

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 …

The Information Privacy Law Project, Neil M. Richards

Scholarship@WashULaw

One of the most interesting developments in privacy law literature over the past few decades has been the emergence of The Information Privacy Law Project, a group of scholars focused on the legal issues raised by the increasing collection, use, and disclosure of personal information made possible by evolving digital technologies. These scholars have sought to establish information privacy law as a field of study distinct from the constitutional right to decisional privacy. This Essay uses the recent publication of a major work by Daniel J. Solove, "The Digital Person: Privacy and Technology in the Digital Age", as a lens …

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

Cardozo Law Review

No abstract provided.

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.

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 …

Interpreting Interpretation In Psychoanalysis: Freud, Klein, And Lacan, Lynn Christine Harper

Electronic Theses and Dissertations

This theoretical dissertation examines psychoanalytic interpretation through a critical textual analysis of primary texts by Sigmund Freud, Melanie Klein, and Jacques Lacan. Chapter One presents Freud's The interpretation of dreams (1900) as initiating a new psychoanalytic hermeneutic/interpretive epistemology, methodology, and method; explores Freud's subsequent epistemological revisions and evolving methodology; investigates the role of personal history/the past and the reconstruction (or construction) of missing memories as part of analytic interpretation; looks at the relationship between fantasy (psychic reality) and interpretation; and briefly examines the relationship between transference and interpretation. Chapters Two and Three explore interpretation as presented by Klein and Lacan, …

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 …

Social Impact, Edward F. Lawler, Tonya E. Edmonds, Luis H. Zayas, Enola K. Proctor, Ellen Rostand, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd

Social Impact Publication

From The Dean: Celebrating Social Work's Impact;

Perspectives: In the News & Bookshelf;

Making a Medicare Part D Decision;

Three Quarters of Americans Will Experience Poverty in Their Lives;

Interview: Q&A with Kristal Brent Zook;

Perspectives: Before Disaster Strikes with David Gillespie;

The Globalization of Social Work: How Flat Are We? Researchers and practitioners explore underlying social conditions that keep many left behind;

Parents as Teachers: A Force for Good: Sue Stepleton leads growing program aimed at helping preschoolers reach their potential;

Tapping into Energy of Older Americans: New retirement scenarios shift toward service;

Notebook: Partnerships and Research School of …

Decisionmaking And The Limits Of Disclosure: The Problem Of Predatory Lending: Price, Lauren E. Willis

Maryland Law Review

No abstract provided.

Invitation To The Table Conversation: A Few Diverse Perspectives On Integration, Natalia Yangarber-Hicks, Charles Behensky, Sally Schwer, Kelly Schimmel Flanagan, Nicholas J.S. Gibson, Mitchell W. Hicks, Cynthia Neal Kimball, Jenny H. Pak, Thomas G. Plante, Steven L. Porter

Psychology

This article represents an invitation to the "integration table" to several previously underrepresented perspectives within Christian psychology. The Judeo-Christian tradition and current views on scholarship and Christian faith compel us to extend hospitality to minority voices within integration, thereby enriching and challenging existing paradigms in the field. Contributors to this article, spanning areas of cultural, disciplinary, and theological diversity, provide suggestions for how their distinct voices can enhance future integrative efforts.

An Evaluation Of The Alpha Course As A Catalyst For Faith Transformation, Stephen Brian Yeich

ATS Dissertations

No abstract provided.

Korean Jeong (Chŏng) And Its Relationship To Christian Mission, Woocheol Kim

ATS Dissertations

No abstract provided.

Schumaker, Kiel, Heilke: Great Ideas/Grand Schemes Study Guide, 1998-2006, Steven Alan Samson

Faculty Publications and Presentations

Great Ideas/Grand Schemes is a systematic treatment of twelve ideologies by means of an elaborate conceptual framework. This twelve-point analytic grid, which is comprised of six substantive political principles, four philosophical bases, and two political bases, is introduced in the first chapter. Subsequent chapters focus on the ideologies themselves.

David Kupelian: The Marketing Of Evil Study Guide, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

Harm De Blij: Why Geography Matters Study Guide, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Effects Of Nutrition On The Cognitive Skills Of Students From Kindergarten Through Third Grades, Rebecca Lorentz

Capstone Projects and Master's Theses

This research explores the positive relationships between good nutrition and the cognitive skills of students in kindergarten through third grade. This paper discusses how certain nutrients have been found to improve skills such as memory retention, spatial relationships, and pattern skills. Since these are necessary skills of early childhood academics, parents, educators, and the students themselves will benefit from learning more about how nutrition affects those skills.

Improving Independent Living Skills Training For Youth Exiting Foster Care In Monterey County, Christy Ann Scaife

Capstone Projects and Master's Theses

Combining education and fieldwork, I created this multifaceted Capstone Project. I have included a legislative review of ILP and CWS. I conducted surveys of ILP youth and focus groups of social workers in three units of Monterey County DSES. I developed an analysis of the data gathered. With the research gathered primarily and secondarily, I created an ILP Tracking Database for following the outcomes of youth after foster care. These experiences and research also lead to recommendations for keeping up the tracking database and improving ILP training for foster youth. This Capstone fulfills the terms of the CSUMB Vision and …