Digital Commons Network^™

Contributory Disparate Impacts In Employment Discrimination Law, Peter Siegelman

William & Mary Law Review

An employer who adopts a facially neutral employment practice that disqualifies a larger proportion of protected-class applicants than others is liable under a disparate impact theory. Defendants can escape liability if they show that the practice is justified by business necessity. But demonstrating business necessity requires costly validation studies that themselves impose a significant burden on defendants-upwards of $100,000 according to some estimates. This Article argues that an employer should have a defense against disparate impact liability if it can show that protected-class applicants failed to make reasonable efforts to train or prepare for a job related test. That is, …

Decency, Dignity, And Desert: Restoring Ideals Of Humane Punishment To Constitutional Discourse, Eva Nilsen

Faculty Scholarship

American punishment today is degrading, indecent, and harsher than deserved despite a Constitution designed to protect people from cruel and unusual punishment. Unfortunately, the U.S. Supreme Court’s response to the increasing inhumanity of contemporary punishment has been to reduce its Eighth Amendment jurisprudence to tidy categories, legal fictions, and hollow phrases. Absent from the discourse is any acknowledgement of the actual day-to-day experience facing the convicted person, or any suggestion that, although punishments can be degrading, they need not be. The case for treating a convicted person with respect for his human dignity, and for constitutional scrutiny of punishment as …

Reinventing Appellate Jurisdiction, Adam N. Steinman

Faculty Scholarship

Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal incoherence and its procedural complexity. Although these critiques are well-founded, this Article reveals that, as applied in practice, federal courts have drawn sensible lines between interlocutory orders that are immediately appealable and those that are not. A limited category of interlocutory orders, primarily those rejecting immunities from suit, are immediately appealable as of right. All other interlocutory orders are potentially eligible for discretionary appellate review. The doctrinal morass of the present framework, however, has obscured this basically sensible structure and has led to inefficient procedures for …

Pregnancy Outcome In Primiparae Of Advanced Maternal Age, Ilse Delbaere, Hans Verstraelen, Sylvie Goetgeluk, Guy Martens, Guy De Backer, Marleen Temmerman

Obstetrics and Gynaecology, East Africa

Objective: To investigate the impact of maternal age on singleton pregnancy outcome, taking into account intermediate and confounding factors.

Study design: In this population-based retrospective cohort study, perinatal data of primiparous women aged 35 years or more ( n = 2970), giving birth to a singleton child of at least 500 g, were compared to data of primiparous women aged 25–29 years old ( n = 23,921). Univariate analysis was used to assess the effect of maternal age on pregnancy outcomes. The effects of intermediate (hypertension, diabetes and assisted conception) and confounding factors (level of education) were assessed through multivariable …

The U.S. Attacks On Aghanistan: An Act Of Self-Defense Under Article 51?, Sikander Ahmed Shah

Seattle Journal for Social Justice

No abstract provided.

Radical Environmentalism: The New Civil Disobedience?, Cesar Cuauhtemoc Garcia Hernandez

Seattle Journal for Social Justice

No abstract provided.

Reimagining And Redefining The Dream: A Proposal For Impriving Access To Higher Education For Undocumented Immigrants, Koko Ye Huang

Seattle Journal for Social Justice

No abstract provided.

Justice For Children, Adults With Disabilities And The Elderly: Reflections From 15 Years As An Attorney With The Office Of The Public Guardian Of Cook County, Illinois, Charles P. Golbert

DePaul Journal for Social Justice

No abstract provided.

The Threat To Civil Liberties And Its Effect On Muslims In America, Heena Musabji, Christina Abraham

DePaul Journal for Social Justice

No abstract provided.

Don't Dis' The Small Stuff Or How Attorneys Can Achieve Social Justice In Ten Minutes A Day, Margaret Benson

DePaul Journal for Social Justice

No abstract provided.

Pushing Copyright Law In China: A Double-Edged Sword, Jing Zhang

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Buc International Corp. V. International Yacht Council Ltd. 498 F.3d 1129 (11th Cir. 2007), Brian Gause

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Seventh Amendment And The Cisg: Functional Factors In The Search For A Jury Trial Right, Mark A. Mintz

DePaul Business & Commercial Law Journal

No abstract provided.

Can Risks Be Reduced In The Derivatives Market? Lessons From The Deal Structure Analysis Of Modern Financial Engineering Debacles, Jongho Kim

DePaul Business & Commercial Law Journal

No abstract provided.

Directors And Officers Certainly Do Not Get Off Scott-Free, But Ought We Cut Them A Little Slack?, Holly D. Howes

DePaul Business & Commercial Law Journal

No abstract provided.

An Examination Of The Bystander Effect In Multiple Models: From Cell Line To In-Vivo Exposure, Alice Vines

Doctoral

In recent years there has been a paradigm shift in radiobiology, to one which induces non-targeted effects, such as the bystander effect and genomic instability. The bystander effect has been defined as effects seen in cells that although never exposed to radiation, display similar effects to those that have, due to some form of communication with directly hit cells. This investigation aims to further the current understanding of this effect using three different models, cell lines, primary explant cultures and whole animals. Multiple cell lines were used to determine the relative importance of bystander signal production versus the response in …

Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen

Scholarly Works

The doctrine of sources has served international law well over the past century, providing structure and coherence during a time when international law was expanding rapidly and dramatically. But the doctrine's explanatory power is increasingly being challenged. Current doctrine tells us that treaties are international law; empirical evidence, however, suggest that treaties are poor predictors of state practice. The expansion of the international community, the rise of human rights, developments in international legal theory, and the international system's need to adapt to changing circumstances, have all also put pressure on the reified role of "treaty" in identifying rules of international …

Judging Plaintiffs, Jason M. Solomon

Scholarly Works

With its powerful account of the normative principles embodied in the structure and practice of the law of torts, corrective justice is considered the leading moral theory of tort law. It has a significant advantage over instrumental and other moral theories in that it is more consistent with what judges say when they analyze tort law concepts. And with criticism of instrumental accounts, like law and economics, on a number of fronts, it is the leading descriptive theory of tort law.

In this Article, I take up a question that has never been answered adequately by corrective-justice or other moral …

The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Perspectives, David A. Brennen

Scholarly Works

This essay examines the question of how state and local government officials should consider federal tax law principles, like the commerciality doctrine, when they challenge state and local property tax exemptions that rely, at least in part, on tax-exempt charitable status for federal income tax purposes. In particular, this essay uses the example of CCRCs [continuing care retirement communities] to consider tax-exempt law's commerciality doctrine in an attempt to discern distinctions between “homes for the aged” that are “charitable,” and thus entitled to exemption, and those that are too commercial, and thus not entitled to exemption. In fact, one might …

Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky

Scholarly Works

From a policy perspective, a climate architecture based on economy-wide, binding emissions targets, combined with emissions trading, has many virtues. But even such an architecture represents good climate policy, it is far more questionable whether it represents good climate politics -- at least in the near-term, for the upcoming "post-2012" negotiations. Given the wide range of differences in national perspectives and preferences regarding climate change, a more flexible, bottom-up approach may be needed, which builds on the efforts that are already beginning to emerge, by allowing different countries to assume different types of international commitments – not only absolute targets, …

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Disaster Capitalism: The New Economy of Catastrophe” by Naomi Klein. Harper’s. October 2007.

American Capitalism - Disasterous Consequences?, Richard Falk

Human Rights & Human Welfare

Naomi Klein’s depiction of late-capitalism as feeding off a disaster-prone planet and state-system is provocative and illuminating, even if it seems to be itself a form of “shock and awe” journalism. The great cultural critic of the 1960s, Norman O. Brown, memorably said of psychoanalysis, “[o]nly the exaggerations are valuable,” and so it might be with this critique of the dark sides of recent tendencies in world economic activity. It is notable that the book version of Klein’s article bears the title The Shock Doctrine: The Rise of Disaster Capitalism, which itself can be read as a sly admission that …

Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet

Human Rights & Human Welfare

A review of:

Why Not Kill Them All? The Logic and Prevention of Mass Political Murder by Daniel Chirot and Clark McCauley. Princeton University Press, 2006. 288 pp.

and

The Order of Genocide: Race, Power, and War in Rwanda by Scott Straus. Cornell University Press, 2006. 273 pp.

and

The Witnesses: War Crimes and the Promise of Justice in the Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 252 pp.

The Spin Axes Orbital Alignment Of Both Stars Within The Eclipsing Binary System V1143 Cyg Using The Rossiter-Mclaughlin Effect, S. Albrecht, S. Reffert, I. Snellen, A. Quirrenbach, D. S. Mitchell

Physics

Context. The Rossiter-McLaughlin (RM) effect, a rotational effect in eclipsing systems, provides unique insight into the relative orientation of stellar spin axes and orbital axes of eclipsing binary systems.

Aims. Our aim is to develop a robust method to analyze the RM effect in an eclipsing system with two nearly equally bright components. This gives access to the orientation of the stellar rotation axes and may shed light on questions of binary formation and evolution. For example, a misalignment between the spin axes and the angular momentum of the system could bring the observed and theoretical apsidal motion into better …

The Tragedy Of The Human Commons, Ronen Avraham, K. A. D. Camara

Cardozo Law Review

No abstract provided.

Electromagnetic Radiation From Temporal Variations In Space-Time And Progenitors Of Gamma Ray Burst And Millisecond Pulsars, Preston Jones

Publications

A time varying space–time metric is shown to be a source of electromagnetic radiation even in the absence of charge sources. The post-Newtonian approximation is used as a realistic model of the connection between the space–time metric and a time-varying gravitational potential. Rapid temporal variations in the metric from the coalescence of relativistic stars are shown to be likely progenitors of gamma ray burst and millisecond pulsars.

Fetal Mortality: Timing Of Racial Disparities, Jinwen Cai, Gerald L. Hoff, Felix A. Okah, Paul C. Dew, Gary Zaborac, Ximena Somoza, Larry Jones, Paula Livingston, Mary Jo Everhardt, Rex Archer

Faculty and Staff Publications

Whether or not racial disparities exist in fetal mortality rate (FMR) statistics depends upon the methodology used to calculate the rates. While there appears to be consensus that there is a black-white disparity in late gestation (> or = 28 weeks), the issue is unclear for early gestation (20-27 weeks). To clarify this issue, we assessed disparities in FMR for singleton fetal deaths and live births between non-Hispanic blacks and non-Hispanic whites in three counties of Missouri using gestational age- and weight-specific analyses. These analyses demonstrated statistically significant disparities for non-Hispanic whites when fetal deaths occurred < 28 weeks gestation and also at weights < 1,000 g. Statistically significant disparities for non-Hispanic blacks were not evident until gestation was > or = 32 weeks …

The Diamond, November 1, 2007, Dordt College

Dordt Diamond

• Front Page: McCain Visits Dordt; Families of Californian Students Evacuated; International Reporters Cover McCain Visit
• News: All Creatures Here Below; Seven Selected for Honors Band; The Covenant Is Broken
• Opinion: A Call to Action; Talking About Dordt Talk; Global Warming: Humanity's Biggest "Test"
• Features: Ross Van Der Bill: Army Soldier Returned Home; 12-Hour Walk a Success; An Instrument in God's Hands: Justin Carruthers; Perspectives on Global Warming
• Arts & Entertainment: Dynamic Dance Team Swings into Lacrosse Halftime; Ask Alvin; Winter's Tale: A Review; Pumpkin Madness
• Sports: Lacrosse Dominates University of South Dakota; Rempel Leads Blades with Seven Goals; Dordt Sport …

Sex And Shock Jocks: An Analysis Of The Howard Stern And Bob & Tom Shows, Lawrence Soley

College of Communication Faculty Research and Publications

Studies of mass media show that sexual content has increased during the past three decades and is now commonplace. Research studies have examined the sexual content of many media, but not talk radio. A subcategory of talk radio, called “shock jock” radio, has been repeatedly accused of being indecent and sexually explicit. This study fills in this gap in the literature by presenting a short history and an exploratory content analysis of shock jock radio. The content analysis compares the sexual discussions of two radio talk shows: Infinity’s Howard Stern Show and Clear Channel’s Bob & Tom Show.

Openline Newsletter, November 2007, Civil Service Council

OpenLine Newsletter

A monthly newsletter for Civil Service employees, Volume XXXII, Number 5, November 2007.