Digital Commons Network^™

Toward A Participatory Worldview, Lily Fressenden

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

A Needle In The Head Is Worth Two In The Back, Jana Van Der Veer

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Journal Of Pedagogy, Pluralism And Practice Volume Lll (4), Summer 2007 (Full Issue), Journal Staff

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Engaging Our Workforce: How Job Demands And Resources Contribute To Social Worker Burnout, Engagement And Intent To Leave, Sara Laura Schwartz

Dissertations and Theses

Social worker stress and burnout are pervasive problems that harm workers, organizations, and clients. Past research has identified burnout, a psychological response to work stress, as an important predictor of intent to leave and ultimate turnover. An emerging body of research has examined work engagement, considered to be the opposite of burnout, as a predictor of retention. The problem of burnout and turnover within organizations employing social workers has been addressed in the literature for many years. This dissertation responded to a call in the literature for a greater emphasis on burnout prevention and enhancement of workforce engagement and retention. …

Why Torts Die, Kyle Graham

Faculty Publications

A few authors have performed autopsies on specific torts and identified the suspected reasons behind their deaths.  These analyses, though interesting, are by their own admission of limited scope and do not provide especially useful analytic or predictive tools. This Article has a broader goal. Just as pathologists and epidemiologists study how fatal illnesses spread, conservation biologists examine why animal species go extinct, and geographers and anthropologists try to understand why societies succeed or fail,  this Article surveys the roster of dead and dying torts and then asks (and tries to answer) a novel question: Why do torts die? This …

Data Privacy, Data Piracy: Can India Provide Adequate Protection For Electronically Transferred Data?, Vinita Bali

Faculty Publications

Three employees of Mphasis, a business process outsourcing ("BPO") firm, which runs call center services for Citibank's U.S. customers in Bangalore, India, were arrested for allegedly siphoning $350,000 from the accounts of Citibank's U.S. customers. These employees used their positions, which provided them access to Citibank customers, to induce four customers into giving out the personal identification numbers to their accounts, allowing the employees to illegally siphon funds out of those accounts. Outsourcing is a growing trend among budgetconscious U.S. companies and institutions. Information being outsourced includes personal data and confidential proprietary information. For example, Unisys Corporation, a company that …

But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter

Faculty Publications

This article argues that California's Procedure 770 as currently implemented is unconstitutional. Judge Fogel, after an exhaustive review of evidence from all parties,agrees. Although Judge Fogel believes that the lethal injection system, while broken "can be fixed," we argue that lethal injection, as a method of execution, is always unconstitutional because the procedures employed in its administration can never ensure against unnecessary risk of pain to the inmate. We also argue that the California legislature must step in to publicly review lethal injection executions and to investigate the conduct of the California Department of Corrections and Rehabilitation (CDCR) in the …

Sos (Safeguard Our Survival): Understanding And Alleviating The Lethal Legacy Of Survival Threatening Child Abuse, Nancy A. Wright, Eric Wright

Faculty Publications

To try to achieve the goal of fully protecting a child the first time the child is subjected to potentially survival-threatening abuse, this Article suggests the creation of a model program, called the SOS ("Save Our Survival") Program, with the hope that this model program might ultimately be adopted by child protective agencies throughout the United States. Specially trained teams, known as SOS ("Safeguard Our Survival") Teams, comprised of child protection workers, police officers, medical personnel, attorneys and social workers would staff the program. SOS Team members, who would be on call 24/7, would be notified as soon as a …

Organizational Orientations Of K-12 School Leaders In The Columbia Union Conference Of Seventh-Day Adventists, Rose Tooley Gamblin

Dissertations

Purpose of the study

The purpose of this study was to examine the organizational orientations--structure ,human resource, political, and symbolic --of the K-12 school leaders in the Columbia Union Conference of Seventh-day Adventists, and the relationship, if any, to their personal variables of age, gender, experience, and their professional variables of grade levels served, educational attainment, enrollment, support, feelings of success, and job satisfaction.

Method

A self-administered Organizational Orientations survey instrument, based on the multiple orientation framework of Bolman and Deal, was used to gather information about the school leaders. The population surveyed provided 56 usable responses, which were analyzed …

Reasons Seventh-Day Adventist Parents Gave For Not Sending Their Children To Seventh-Day Adventist Elementary And Secondary Schools, Irma C. Laborde

Dissertations

Problem. The Seventh-day Adventist elementary and secondary schools in the USA show a continuous enrollment decline. This study’s goal is to explore the reasons SDA parents give for why they do not send their children to SDA schools.

Method.

The participants were limited to the church members of the Lake Union Conference. Qualitative methodology was used in this study. Three groups of participants were selected using criterion sampling—non-home-schooling parents, home- schooling parents, and administrators. Data collection occurred through in-depth interviews, focus groups, and a one-question survey. The interviews were audiotaped. The tapes were transcribed verbatim, coded, and grouped into themes. …

Language Accommodation And The Voting Rights Act, Angelo N. Ancheta

Faculty Publications

Since 1975, the language assistance provisions of the federal Voting Rights Act have provided important safeguards of voting rights to racial and ethnic minority citizens. Despite the renewal of key provisions of the Voting Rights Act in 2006 for an additional twenty-five years, Congress has not articulated a comprehensive theory of language rights in the voting arena, nor has it provided language assistance mechanisms that provide adequate assistance to all limited-English-proficient voters.

This paper articulates a theory of language accommodation within federal antidiscrimination jurisprudence and suggests revisions to key sections of the Voting Rights Act to expand coverage of the …

A Concise History Of International Criminal Law, Beth Van Schaack, Ron Slye

Faculty Publications

This work is an introductory chapter for a forthcoming book on Understanding International Criminal Law to be published by Aspen Publishers as part of Aspen's Essentials series. This chapter presents a succinct history of international criminal law (ICL), drawing upon major developments in the law of armed conflict, international human rights law, and the criminal prohibitions against piracy and the slave trade. The chapter interweaves the history of substantive norms with that of evolving principles of domestic and international jurisdiction, as these narratives are virtually inseparable in ICL. Additional chapters in the text will address the sources of ICL, the …

Online Word Of Mouth And Its Implications For Trademark Law, Eric Goldman

Faculty Publications

This Chapter discusses the emergence of online word of mouth, the process by which consumers disseminate their views about marketplace goods and services. Due to online word of mouth, consumers have an unprecedented ability to influence the brand perceptions of other consumers. Unfortunately, these effects have put doctrinal pressure on trademark law, leading to judicial interpretations that inhibit the flow of online word of mouth and may damage the efficacy of marketplace mechanisms. This Chapter will explore how trademark law should be interpreted to preserve the flow of socially beneficial online word of mouth.

Introduction: Snapshots Of The State Of China’S Environmental Regulatory System, Tseming Yang

Faculty Publications

No abstract provided.

"Lawyer As Problem Solver:" Curricular Innovation At Dayton, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

Mentally Ill Prisoners In The California Department Of Corrections And Rehabilitation: Strategies For Improving Treatment And Reducing Recidivism, W. David Ball

Faculty Publications

The California state prison system is proving ill-equipped to deal with the state's mentally ill prisoner population. This paper examines the ways in which mentally ill felons are not receiving adequate care while in prison as well as appropriate preparation for life after their release. The paper argues that the result is an avoidable drain on the state's budget as well as unnecessarily high recidivism rates for this population. Accordingly, constructive policy recommendations for ameliorating this shortcoming of the prison system are proposed.

Tactical Ineffective Assistance In Capital Trials, Kyle Graham

Faculty Publications

Are defense attorneys sandbagging in their death-penalty cases? In Poindexter v. Mitchell, a habeas corpus case decided in 2006, Chief Judge Danny Boggs of the United States Court of Appeals for the Sixth Circuit wrote that by conducting a deliberately defective investigation into mitigation evidence that might otherwise have been presented at the penalty phase of a capital trial, a defense attorney can virtually guarantee that any death sentence the jury returns will be vacated in later proceedings. The likelihood of such an outcome, Boggs wrote, will more than make up for the somewhat greater chance that a jury that …

Relationship Between Soil Moisture Of Near Surface And Multiple Depths Of The Root Zone Under Heterogeneous Land Uses And Varying Hydroclimatic Conditions, Rezaul Mahmood

School of Natural Resources: Faculty Publications

No abstract provided.

Resisting "Sweat" And Refusing Feist: Rethinking Originality After Cch, Carys J. Craig

Articles & Book Chapters

In CCH Canadian Ltd. v. Law Society of Upper Canada, the Supreme Court of Canada ostensibly settled the debate between the "sweat school" and the "creativity school" regarding the meaning of copyright's originality requirement. While rejecting a labour-based formulation of the originality standard, the Supreme Court also refused to adopt the "minimal degree of creativity" test established by the U.S. Supreme Court in the famous Feist case. The appropriate threshold for originality, according to the Supreme Court of Canada, "falls between these two extremes" and requires "an exercise of skill and judgment." This paper explores the significance of the "skill …

Labour And The "Real" Constitution, Harry W. Arthurs

Articles & Book Chapters

No abstract provided.

Concordance Of Self-Report And Informant Assessment Of Emotional Well-Being In Nursing Home Residents With Dementia, Ann M. Kolanowski, Lesa Hoffman, Scott M. Hofer

Department of Psychology: Faculty Publications

The emotional well-being of persons with dementia is an aspect of their quality of life. We examined the stability of informant-rated and self-reported emotion, and the influence of mental status and physical dependence on ratings; we modeled concordance between ratings at both the within- and between-person levels of analysis. We used multilevel modeling to examine data collected over 12 days from 31 nursing home residents. We found significant within-person variation in both informant-rated and self-reported emotion, such that between 40% and 60% of the overall variance in each occurred within persons. We found little correspondence between or within persons between …

Germ-Line Chimerism And Paternal Care In Marmosets (Callithrix Kuhlii), Corinna N. Ross, J. A. French, G. Ortí

Biology Faculty Publications (Archived)

The formation of viable genetic chimeras in mammals through the transfer of cells between siblings in utero is rare. Using microsatellite DNA markers, we show here that chimerism in marmoset (Callithrix kuhlii) twins is not limited to blood-derived hematopoietic tissues as was previously described. All somatic tissue types sampled were found to be chimeric. Notably, chimerism was demonstrated to be present in germ-line tissues, an event never before documented as naturally occurring in a primate. In fact, we found that chimeric marmosets often transmit sibling alleles acquired in utero to their own offspring. Thus, an individual that contributes gametes to …

The Tax Treatment Of Advance Receipts, David M. Hasen

Faculty Publications

Under the present income tax, some advance receipts are neither taxable on receipt nor deductible on repayment, while others are taxable when received and deductible when repaid or paid for. From a purely theoretical perspective, it remains unclear why different sets of rules apply in different cases. For example, if the fact of unrestricted control over the payment compels the conclusion that it is income, then most advance receipts, including loan proceeds, should be included in income immediately. Conversely, if the presence of an offsetting liability compels the conclusion that the payment is not (yet) income, then most advance receipts, …

The Deregulatory Valence Of Justice O'Connor's Federalism, Bradley W. Joondeph

Faculty Publications

When Justice O'Connor announced her retirement in July 2005, reflections on her career teemed with references to her role as a leader of the Rehnquist Court's federalism revival. But the common perception of O'Connor as an ardent defender of the states' independent policymaking authority is grounded in a narrow understanding of constitutional federalism - one that focuses primarily, if not exclusively, on the limits of the national government's power. Constitutional federalism also involves a variety of structural constraints on state power, constraints that are designed to protect the interests of the nation as a whole. And in cases implicating these …

Synthetic Biology: Caught Between Property Rights, The Public Domain, And The Commons, Arti K. Rai, James Boyle

Faculty Scholarship

Synthetic biologists aim to make biology a true engineering discipline. In the same way that electrical engineers rely on standard capacitors and resistors, or computer programmers rely on modular blocks of code, synthetic biologists wish to create an array of modular biological parts that can be readily synthesized and mixed together in different combinations. Synthetic biology has already produced important results, including more accurate AIDS tests and the possibility of unlimited supplies of previously scarce drugs for malaria. Proponents hope to use synthetic organisms to produce not only medically relevant chemicals but also a large variety of industrial materials, including …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca E. Bignami

Faculty Scholarship

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting -- the Data Retention Directive. Based on a detailed examination of the Directive's legislative …

European Versus American Liberty: A Comparative Privacy Analysis Of Antiterrorism Data Mining, Francesca E. Bignami

Faculty Scholarship

It is common knowledge that privacy in the market and the media is protected less in the United States than in Europe. Since the terrorist attacks of September 11, 2001, it has become obvious that the right to privacy in the government sphere too is protected less in the United States than in Europe. This Article brings alive the legal difference by considering the case-real in the United States, hypothetical in Europe-of a spy agency's database of call records, created for the purpose of identifying potential terrorists. Under U.S. law such an antiterrorism database might very well be legal. But …

Think Globally, Act Globally: The Limits Of Local Climate Policies, Jonathan B. Wiener

Faculty Scholarship

State-level actions to address global climate change, such as laws and litigation recently undertaken by California and by several Northeastern states to limit greenhouse gas (GHG) emissions, reflect creative legal strategies understandably intended to achieve a major environmental objective while the US federal government has not joined the Kyoto Protocol and has not yet adopted national legislation. But even assuming that forestalling global climate change is urgently needed, state-level action is not the best way to do so. Acting locally is not well suited to regulating moveable global conduct yielding a global externality. Legally, state-level action confronts several obstacles, including …

Negligence In The Air: The Duty Of Care In Climate Change Litigation, James Salzman, David Hunter

Faculty Scholarship

The prospect of tort litigation against private parties has been gaining increasing attention by lawyers. While only three such cases have been filed thus far, observers (including the organizers of this symposium) clearly expect the number to increase significantly. Indeed, if successful, these and future cases will have a huge impact on the industries sued and, as hopeful lawyers have mused, could make the tobacco litigation look small by comparison. But will these cases succeed? As law students all dutifully learn in their first year Torts class, a prima facie negligence claim must satisfy four elements - duty, breach, causation, …

Towards A Right To Privacy In Transnational Intelligence Networks, Francesca E. Bignami

Faculty Scholarship

Antiterrorism intelligence sharing across national borders has been trumpeted as one of the most promising forms of networked global governance. By exchanging information across the world, government agencies can catch terrorists and other dangerous criminals. Yet this new form of global governance is also one of the most dangerous. Even at the domestic level, secrecy and national security imperatives have placed intelligence agencies largely beyond legal and democratic oversight. But at the global level, accountability is missing entirely. Global cooperation among national intelligence agencies is extraordinarily opaque. The nature of the international system compounds the problem: these actors do not …