Digital Commons Network^™

Mutual Dependency In Child Welfare, Clare Huntington

Faculty Scholarship

The child welfare system is in need of fundamental reform. To the great detriment of parents and children, in the current system the state waits for a crisis in a family and then intervenes in a heavy-handed fashion. The state pays scant attention to the prevention of child abuse and neglect. This Article argues that the principal conceptual barrier to the adoption of a prevention-oriented approach to child welfare is the dominant conception of family autonomy, which venerates freedom from state control. This Article proposes a novel reconception of family autonomy that encourages engagement with the state, rather than simply …

The "Prudent Retiree Rule": What To Do When Retirement Security Is Impossible, Jeffrey N. Gordon

Faculty Scholarship

The starting question for public policy analysis in the retirement security area ought to be this: “Is retirement security possible?” My text is drawn from the classic trust case Harvard College v. Amory, decided in 1830, in which the Massachusetts Supreme Judicial Court announced the prudent investor rule by stating, “Do what you will, the capital is at hazard.” The modern understanding of that text is not that there are no “risk free” assets. After all, the United States government assures the timely payment of principal and interest on Treasury securities backstopped in turn by Treasury’s unlimited call on …

Moral And Religious Convictions As Categories For Special Treatment: The Exemption Strategy, Kent Greenawalt

Faculty Scholarship

My topic differs from the usual inquiries about morality and law, such as how far law should embody morality, whether legal interpretation (always or sometimes) includes moral judgment, and whether an immoral law really counts as law. Concentrating on exemptions from ordinary legal requirements, I am interested in instances when the law might make especially relevant the moral judgments of individual actors. I am particularly interested in whether the law should ever treat moral judgments based on religious conviction differently from moral judgments that lack such a basis.

A striking example for both questions is conscientious objection to military service. …

Father, Don't You See I'M Dreaming?: The Female Gothic And The Creative Process, Diane Long Hoeveler

English Faculty Research and Publications

No abstract provided.

Reefer Madness: Broken Windows Policing And Misdemeanor Marijuana Arrests In New York City, 1989-2000, Bernard E. Harcourt, Jens Ludwig

Faculty Scholarship

The pattern of misdemeanor marijuana arrests in New York City since the introduction of broken windows policing in 1994 – nicely documented in this issue in Andrew Golub, Bruce Johnson, and Eloise Dunlap's article (2007) – is almost enough to make an outside observer ask: Who thought of this idea in the first place? And what were they smoking?

By the year 2000, arrests on misdemeanor charges of smoking marijuana in public view (MPV) had reached a peak of 51,267 for the city, up 2,670% from 1,851 arrests in 1994. In 1993, the year before broken windows policing was implemented, …

Latter-Day Saint Marriage And Family Life In Modern America, David C. Dollahite

Faculty Publications

The Church of Jesus Christ of Latter-day Saints (LDS, Mormon) is considered by its adherents to embody all the doctrines and authority that were present in the church that Christ established (Matthew 16:18-19) but that subsequently were lost through an apostasy that took hold after the original apostles were martyred. Latter-day Saints consider their faith to be a modern restoration of ancient truths and practices accomplished through modern revelation given by the Lord to modern prophets.

Turning The Hearts Of Fathers To Their Children: Why Religious Involvement Can Make A Difference, Loren Marks, David C. Dollahite

Faculty Publications

Charles Dickens, the English author and keen observer of human affairs, wrote of revolution-era France: "It was the best of times, it was the worst of times." In many ways, Dickens' dichotomy regarding "the best of times" and "the worst of times" captures the state of contemporary American fatherhood. Many fathers are more highly involved with their children than the fathers of past generations. Conversely, many other fathers are disconnected from or uninvolved with their children. For many of the fathers who are highly involved in their children's lives, their religious faith is a motivational influence.

Stricter Rules On Storm Water Discharges Taking Effect, Michael B. Gerrard

Faculty Scholarship

On. 8, 2008, new requirements will take effect in New York requiring some previously unregulated entities to file for permits to discharge storm water, and imposing stricter or different requirements on those entities that are already regulated.

The state is requiring urbanized communities and publicly owned institutions, referred to as municipal separate storm sewer systems (MS4s), to establish fully functional stormwater management programs (SWMPs) by that date. The state has issued new draft permits for MS4s and also for operators of construction sites over one acre, which go into effect on Jan. 8.

International Delegations And Administrative Law, Kristina Daugirdas

Maryland Law Review

No abstract provided.

Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Maryland Law Review

No abstract provided.

What Is A Twentieth-Century Constitution?, Peter E. Quint

Maryland Law Review

No abstract provided.

From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach

Maryland Law Review

No abstract provided.

Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch

Maryland Law Review

No abstract provided.

Lateral Wall Protein Content Mediates Alterations In Cochlear Outer Hair Cell Mechanics Before And After Hearing Onset, Heather Jensen Smith, Richard Hallworth

Journal Articles: Eppley Institute

Specialized outer hair cells (OHCs) housed within the mammalian cochlea exhibit active, nonlinear, mechanical responses to auditory stimulation termed electromotility. The extraordinary frequency resolution capacity of the cochlea requires an exquisitely equilibrated mechanical system of sensory and supporting cells. OHC electromotile length change, stiffness, and force generation are responsible for a 100-fold increase in hearing sensitivity by augmenting vibrational input to non-motile sensory inner hair cells. Characterization of OHC mechanics is crucial for understanding and ultimately preventing permanent functional deficits due to overstimulation or as a consequence of various cochlear pathologies. The OHCs' major structural assembly is a highly-specialized lateral …

Shape Stops Story, Elizabeth F. Emens

Faculty Scholarship

Storytelling and resistance are powerful tools of both lawyering and individual identity, as I argue in this brief essay published in Narrative as part of a dialogue on disability, narrative, and law with Rosemarie Garland-Thompson and Ellen Barton. Garland-Thompson's work shows us the life-affirming potential of storytelling, its role in shaping disability identity, and its role in communicating that identity to the outside world. By contrast, Barton powerfully shows how those same life-affirming narratives can force a certain kind of storytelling, can create a mandate to tell one story and not another. In short, Barton reminds us of the need …

Reading Is Fundamental: Why The No Child Left Behind Act Necessitates Recognition Of A Fundamental Right To Education, Michael Salerno

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher S. Yoo

Faculty Scholarship

"Net neutrality" has been among the leading issues of telecommunications policy this decade. Is the neutrality of the Internet fundamental to its success, and worth regulating to protect, or simply a technical design subject to improvement? In this debate-form commentary, Tim Wu and Christopher Yoo make clear the connection between net neutrality and broader issues of national telecommunications policy.

Building Criminal Capital Behind Bars: Peer Effects In Juvenile Corrections, Patrick J. Bayer, Randi Hjalmarsson, David Pozen

Faculty Scholarship

This paper analyzes the influence that juvenile offenders serving time in the same correctional facility have on each other's subsequent criminal behavior. The analysis is based on data on over 8,000 individuals serving time in 169 juvenile correctional facilities during a two-year period in Florida. These data provide a complete record of past crimes, facility assignments, and arrests and adjudications in the year following release for each individual. To control for the non-random assignment to facilities, we include facility and facility-by-prior offense fixed effects, thereby estimating peer effects using only within-facility variation over time. We find strong evidence of peer …

International Union, U.A.W. V. Johnson Controls: The History Of Litigation Alliances And Mobilization To Challenge Fetal Protection Policies, Caroline Bettinger-Lopez, Susan P. Sturm

Faculty Scholarship

The Supreme Court's decision in Johnson Controls is the culmination of a long legal campaign by labor, women's rights, and workplace safety advocates to invalidate restrictions on women's employment based on pregnancy. This campaign powerfully demonstrates the use of amicus briefs as opportunities to link the efforts of groups with overlapping agendas and to shape the Supreme Court's understanding of the surrounding empirical, social and political context. But Johnson Controls also provides important lessons about the narrowing effects and fragility of litigation-centered mobilization. The case affirmed an important anti-discrimination principle but ironically left women (and men) with the right to …

Conflict Resolution And Systemic Change, Howard Gadlin, Susan P. Sturm

Faculty Scholarship

Over the last fifty years, alternative dispute resolution (ADR) has become a fixture of the conflict resolution landscape. As its label suggests, ADR is generally viewed as an alternative to adjudication, developed in response to litigation's liabilities-its expense, delay, adversarialism, and limits as a tool for addressing complex problems. In contrast, ADR's value rests in its capacity to produce prompt, fair, and efficient resolutions that satisfy the disputants.

ADR proponents and critics alike presuppose that the benefits of ADR are achieved at inevitable costs. The assumption is that informal conflict resolution necessarily resolves disputes for the disputants and no one …

The Best Defense: Why Elected Courts Should Lead Recusal Reform, Deborah Goldberg, James J. Sample, David Pozen

Faculty Scholarship

In recent years, we have seen an escalation of attacks on the independence of the judiciary. Government officials and citizens who have been upset by the substance of judicial decisions are increasingly seeking to rein in the courts by limiting their jurisdiction over controversial matters, soliciting pre-election commitments from judicial candidates, and drafting ballot initiatives with sanctions for judges who make unpopular rulings. Many of these efforts betray ignorance at best, or defiance at worst, of traditional principles of separation of powers and constitutional protections against tyranny of the majority.

The attacks are fueled in part by the growing influence …

Crafting A Scholarly Persona: A Panel Discussion, Ian Ayres, Paul H. Robinson, Carol Sanger, Kimberly Kessler Ferzan

Faculty Scholarship

This is an edited transcript of Crafting a Scholarly Persona, the Scholarship Section's program from the AALS Annual Meeting in 2007. During this program, three established scholars, Ian Ayres, Paul Robinson, and Carol Sanger, discussed their individual career paths – How they chose their article topics, what the goals of their scholarship are, how they view their research agendas, etc. The discussion was intended roughly to mirror Bravo's Inside the Actor's Studio.

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Faculty Scholarship

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

Market Fragmenting Regulation - Why Gasoline Costs So Much (And Why It's Going To Cost More), Andrew P. Morriss, Nathaniel Stewart

Faculty Scholarship

Virtually everyone holds an opinion on what is wrong with gasoline markets. Some critics argue that gasoline costs too much, fattening greedy oil barons at the expense of consumers. Some link reducing oil producers' profits to stopping terrorism. Others contend that gasoline costs too little, subsidizing suburban sprawl and gas-guzzling SUVs at the expense of the environment. Web sites track gasoline prices and grocery stores sell low-cost fuel to lure shoppers. Policy makers debate whether gas taxes should be cut to lower the cost of living; need to be increased to make drivers pay the full cost of their behavior; …

Project Camelot And Military Sponsorship Of Social Science Research: A Critical Discourse Analysis, Ryan Hunt

Electronic Theses and Dissertations

"Project Camelot" was an ambitious social science research project conceived and funded by the Army, one whose scope and level of funding was unprecedented as of its inception in 1964. It was created in order to examine the potential for "internal war" and insurgency in the "developing countries" of the world, and to identify actions that the U.S. and its allies could take to prevent or suppress such insurgencies. Historians have described the Project as an event of particular importance in the history of American social science, and have argued that it is related to significant changes in their structure …

Self-Forgiveness: A Narrative Phenomenological Study, John Beiter

Electronic Theses and Dissertations

This dissertation critically explored both theoretical and research findings pertaining to self-forgiveness, especially as it related to psychology. An important, though rather apparent finding or conclusion derived from this literature review was that there is an astounding paucity of both theoretical and research work about self-forgiveness within psychology. This lack or shortcoming holds, surprisingly, even in those disciplines perhaps associated more intuitively with self-forgiveness, for example theological and religious studies, and philosophy. Moreover, a contamination, conflation, or supplementarity characterized the relationship between forgiveness and self-forgiveness, such that no clear consensus exists with respect to the distinctions or similarities between those …

Effects Of Identity On Public-Organization Relationships: A Case Study Of Student-University Relations, Nadezhda Olegovna Bocharova

Dissertations and Theses @ UNI

The study tested the applicability of identification theory for diagnosing relationship quality between organizations and their publics in PR. A survey was posted on-line in a mid-Western university; 377 students of all classifications filled out the questionnaire. Factor analysis produced one-dimensional identification scale and three-dimensional relationship scale: reciprocity, commitment, and exchange. There were significant positive correlations between identity, reciprocity, and commitment, whereas exchange part of relationship negatively related to the above dimensions. Discussion of student publics was developed along with analysis of factors related to university life. Analysis of variance revealed that identity, reciprocity, and commitment decline with tenure in …

Employee Engagement As A Mediator Of The Relationship Between Management Support And Job Performance And Turnover, Liliya Akbulatova

Dissertations and Theses @ UNI

"Employee Engagement", a new motivational construct, has become popular in recent years. Most of the definitions of engagement formulated in different time periods share the understanding of engagement as a three dimension construct consisting of vigor, dedication, and absorption. Motivation is an important determinant of employee performance. Through the study contained in this paper, I aim to find out whether employee engagement mediates a relationship between management support (as one of the specific antecedents of employee engagement) and employee performance and turnover, as specific consequences of employee engagement. It appears that there is a full mediation between an antecedent variable …

Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood

Scholarship@WashULaw

Black students who attend school regularly, participate in the classroom experience — by either participating in class and/or turning in homework, take “AP” classes, and who perform well on tests are, not uncommonly, accused of “acting white.” This happened to me as a child, it has happened to my children and it has happened to black youth I have interviewed throughout the country. This Article explores the practice within the black community of blacks who attack — verbally and sometimes physically — other blacks simply because the latter perform well in school. The Article explores the ironies of this attack …

Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters

Scholarship@WashULaw

One of the great legacies of the New Haven School was its early recognition of the tremendous dynamism and complexity of the international lawmaking process. Its proponents wisely rejected both Austinian positivism and the traditional conception of "law" as a dichotomy of "national" and "international" legal rules. Instead, the policy-oriented jurisprudence of the New Haven School recognized and embraced the interactivity of a multiplicity of decisionmakers in shaping the international legal regime. Moreover, in defining law as an iterative process of authoritative decisionmaking, the New Haven School recognized that authoritative decisions need not necessarily come from official bodies such as …