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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 …

The Practice Of Value – Reply, Joseph Raz

Faculty Scholarship

The privilege of having three sets of extensive and hard-hitting comments on one's work is as welcome as it is rare, and especially so on this occasion as the lectures were, for me, but the first (well, not entirely first) stab at a subject I hope to explore at greater length. The reflections that follow will respond to some of the criticisms, but will not be a point by point reply. I will use the occasion to clarify some obscurities in the lectures, and to contrast my view with some of my critics' own positions. I will proceed thematically, starting …

End Natural Life Sentences For Juveniles, Jeffrey A. Fagan

Faculty Scholarship

In 2005, the U.S. Supreme Court in Roper v. Simmons (125 S. Ct. 1183) banned executions of persons who commit capital murder before they reach age 18. Roper overturned death sentences for 72 people in 18 states (Streib, 2005). Most (but not all) were resentenced to natural life or life in prison without the possibility of parole (or JLWOP). Juvenile justice advocates now want to extend Roper’s maturity heuristic, proportionality analysis, aversion to errors, and deference to international laws and norms to argue for a constitutional ban on natural life sentences for adolescent offenders. This move could have a far …

People As Resources: Recruitment And Reciprocity In The Freedom-Promoting Approach To Property, Jedediah S. Purdy

Faculty Scholarship

Theorists usually explain and evaluate property regimes either through the lens of economics or by conceptions of personhood. This Article argues that the two approaches are intertwined in a way that is usually overlooked. Property law both facilitates the efficient use and allocation of scarce resources and recognizes and protects aspects of personhood. It must do both, because human beings are both resources for one another and the persons whose moral importance the legal system seeks to protect. This Article explores how property law has addressed this paradox in the past and how it might in the future.

Two bodies …

Children's Ministries, Steelman Library, Doug Roth

Syllabus Repository

No abstract provided.

Relationship Between Problem Behaviors, Function, And Adaptive Skills In Individuals With Intellectual Disabilities, Noha Farrah Minshawi

LSU Doctoral Dissertations

The problem behaviors of self-injury, aggression, and stereotypies are among the most troubling and difficult to treat behaviors in individuals with intellectual disability (ID). One factor that has been implicated in the etiology and maintenance of problem behaviors in individuals with ID is adaptive skills deficits. However, the nature of the relationship between problem behaviors and adaptive skills deficits is not well understood. This relationship was assessed in two experiments. In Experiment 1, the researcher found an inverse, curvilinear relationship between problem behaviors (as identified by the Behavior Problems Inventory; BPI), and adaptive skills (as measured by the Vineland Adaptive …

Prosecutorial Misconduct At Trial: A New Perspective Rooted In Confrontation Clause Jurisprudence, Michael D. Cicchini

Seton Hall Law Review

No abstract provided.

God Behind Bars: Race, Religion & Revenge, Spear It

Seton Hall Law Review

No abstract provided.

Foreword, Baher Azmy

Seton Hall Law Review

No abstract provided.

Aid For Women V. Foulston: The Creation Of A Minor's Right To Privacy And A New Preliminary Injunction Standard, Todd Scardina

Denver Law Review

No abstract provided.

The Big One, Edward A. Parson

Reviews

Richard Posner's Catastrophe: Risk and Response (Oxford University Press, 2004) examines four risks whose worst cases could end advanced human civilization or worse: asteroid impacts, a catastrophic chain reaction initiated in high-energy particle accelerators, global climate change, and bioterrorism. He argues that these all warrant more thought and response than they are receiving, and that they can usefully be assessed using a simple analytic framework based on cost-benefit analysis. This essay reviews knowledge of these risks and critically examines Posner's claims for a consistent analytic approach. While the conclusions that each risk merits more thought and effort appear persuasive, these …

On The Fortieth Anniversary Of The Miranda Case: Why We Needed It, How We Got It--And What Happened To It, Yale Kamisar

Articles

Last year (the year I gave the talk on which this article is based) marked the fortieth anniversary of Miranda v. Arizona,' one of the most praised, most maligned-and probably one of the most misunderstood-Supreme Court cases in American history. It is difficult, if not impossible, to evaluate Miranda without looking back at the test for the admissibility of confessions that preceded it.

More On: "Doctors Must Be Healers", Stephan N. Xenakis, M.D.

Seton Hall Law Review

No abstract provided.

First, Do No Harm: Health Professionals And Guantanamo, Leonard S. Rubenstein

Seton Hall Law Review

No abstract provided.

Doctors As Pawns? Law And Medical Ethics At Guantanamo Bay, Jonathan H. Marks

Seton Hall Law Review

No abstract provided.

Curbing Industry Sponsor's Incentive To Design Post-Approval Trials That Are Suboptimal For Informing Prescribers But More Likely Than Optimal Designs To Yield Favorable Results, Benjamin P. Falit

Seton Hall Law Review

No abstract provided.

Progressive Accommodations: Moving Towards Legislatively Approved Intermittent Parental Leave, Beth E. Schleifer

Seton Hall Law Review

No abstract provided.

The Mystery Of The Individual In Modern Law, Jospeh Vining

Articles

To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals. This was Telford Taylor, beginning the presentation of the "Medical Case" at the Nuremberg Trials. The "Medical Case" was not about genocide or war or the conduct of war. It was about experimentation on human beings, and it was this trial that produced the "Nuremberg Code," the first control of such treatment of human beings by one another, so surprisingly late in the history of modern scientific investigation, midtwentieth century, and so surprisingly absent everywhere before, despite the …

Paleolithic Flints: Is An Aesthetics Of Stone Tools Possible?1, Riva Berleant

Contemporary Aesthetics (Journal Archive)

This paper asks whether an aesthetics of Paleolithic tools is possible, and if so, what it might be. The application of our own aesthetic sensibilities to artifacts of prehistory is not difficult. We easily recognize and appreciate their visual and tactile qualities. The more complicated questions that the paper explores are whether we can uncover the aesthetic sensibilities of their makers and, if we cannot, whether aesthetic examination of prehistoric tools from our own perspectives is adequate or useful. The paper is based on study of Paleolithic flints from French archaeological sites dating from about 500,000 years ago to about …

Private Liability For Reckless Consumer Lending, John A. E. Pottow

Articles

Congress recently enacted amendments to the Bankruptcy Code that possess the overarching theme of cracking down on debtors due to the increasing rate at which individuals have been filing for bankruptcy. Taking into account the correlation between the overall rise in consumer credit card debt and the rate of individual bankruptcy filings, the author nevertheless hypothesizes that not all credit card debt is troubling. Instead, the author proposes that the catalyst driving individual bankruptcy rates higher than ever is the level of "bad credit"-or credit extended to individuals even though there is a reasonable likelihood that the individual will be …

Procedural Injustice: How The Practices And Procedures Of The Child Welfare System Disempower Parents And Why It Matters, Vivek Sankaran, Itzhak Lander

Articles

Many of us appear surprised when families involved in the child protective system do not reunify. A parent’s path to reunification seems straightforward. Upon a finding of neglect, the court prescribes a basic regimen, typically consisting of parenting classes, counseling, drug testing, and a psychological evaluation, that a parent must fulfill prior to having the child returned to his/her custody. If a parent successfully completes these seemingly minimal requirements, the law requires reunification unless the return poses a “substantial risk of harm” to the child. With such high stakes involved, a clearly defined path for success, and the prospect of …

Narrative As Communication Activism: Research Relationships In Social Justice Projects, Elizabeth A. Curry, Deborah Cunningham Walker

Library Faculty Presentations & Publications

When they talk about CASA or the project, Deb and Elizabeth use the words “we, our, or us,” not “them or they.”
Deb and Elizabeth are part of CASA because they understand us. They get it.
Lots of people study domestic violence, but they were the first researchers interested in us, the workers. We felt validated because university researchers thought what we did was important, and they asked us to help them understand our work.
They didn’t lecture us; they listened to us.

These are some of the staff’s observations about our participation in the University Community Initiative Project (UCI), …

Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron

Richmond Journal of Law & Technology

Information is fundamental to the legal system. Accordingly, lawyers must understand that information, as a cultural and technological edifice, has profoundly and irrevocably changed. There has been a civilization- wide morph, or pulse, or one might say that information has evolved. This article discusses the new inflationary dynamic, which has caused written information to multiply by as much as ten thousand-fold recently. The resulting landscape has stressed the legal system and indeed, it is becoming prohibitively expensive for lawyers even to search through information. This is particularly true in litigation.

Disordered Eating Behaviors Among Collegiate Athletes, Stephanie Milbradt Marchand

Open Access Dissertations

The purpose of this study was to examine the rates of disordered eating behaviors among collegiate athletes at a Division I university and to evaluate environmental factors that influence these behaviors. The study also examined whether athletes with more disordered eating behaviors assess and respond to environmental factors differently than athletes with fewer disordered eating behaviors. The student-athletes completed an Athlete's Questionnaire; the Body Dissatisfaction, Drive for Thinness, and Bulimia subscales of the Eating Disorder Inventory-2; and the Eating Attitude Test-26. Coaches and athletic trainers completed either a Coach's or Athletic Trainer's Questionnaire. Focus groups with athletes, coaches, and athletic …

Stage Profiles And Predictors Of Exercise In A Multiple Risk Sample, Gabriela Dye

Open Access Dissertations

Cluster and Latent class analyses were used to examine within Stage profiles of individuals at-risk for three behaviors based on their perceived Pros, Cons, and Self-efficacy. In addition, Structural equation and Latent variable modeling were used to examine the predictors of 12 months exercise participation. The results of Cluster and Latent class analyses did not replicate the results of previous studies, which delineated at least four distinct profiles within the Stages. Only two to three profiles emerged within each Stage as well as within the full dataset. Most two-cluster/class, and three-cluster/class solutions consisted of at least one cluster with extremely …

Latino Clients' Perspectives On Mental Health Services Provided At A Local Community Health Center, Natalie K. Bellman

Open Access Dissertations

The aim of this study was to investigate the perspectives of Latino clients at a community health center regarding various aspects of the mental health services they were receiving. The sharing of the perspectives of these individuals allows their collective voice to be heard in order to provide justification for the necessary systemic changes to occur so that they can have access to the mental health services that best meet their needs. A qualitative, phenomenological research design utilizing an interview guide was used to allow the researcher the opportunity to hear first-hand from individuals about their own perspectives, and allow …

Examining The Psychological Correlates Of Binge Eating Disorder Symptomatology In A Morbidly Obese Presurgical Sample, Caren Leigh Francione

Open Access Dissertations

Bariatric surgery is considered the most effective weight loss intervention for morbidly obese individuals. A successful outcome is largely dependent on a patient's ability to make and maintain the necessary postoperative lifestyle adjustments. Early studies have suggested that the presence of certain psychiatric disorders have the potential to interfere with patients' ability to make these adjustments. To date, little is known about the actual prevalence of psychiatric disorders and their associated features in bariatric presurgical patients. The current study has four main aims. Aim 1 examined the lifetime and current prevalence of Axis I and II psychiatric disorders with an …

Parental Involvement As Predictor Of 9 Th Grade Latino Students' Intention To Complete High School Mediated By Student School Beliefs After A One Year Follow-Up, Jasmine A. Mena

Open Access Dissertations

Latinos, currently the largest ethnic minority group in the U.S. comprising 12.5% of the population, less likely to graduate from high school than Asians, Whites, and African Americans. Due to the grave implications of low education for economic and social opportunities, an investigation of the variables related to intent to graduate among Latino youth was conducted. The focus of this study was to increase our understanding of the role parents play in students' formation of their intentions to complete high school. A survey was conducted with 137 Latino high school students in 2004. The survey involved questions about their perceptions …

Personal Motivation, Body Image, Health Behavior And Stage Of Exercising, Erica Rose Checko

Open Access Dissertations

Despite the well-documented links between regular physical activity and health in both the mental and physical domains, facilitation of exercise adherence is a major practical issue in health promotion. In today's society, many people are either sedentary or too infrequently active to accrue health benefits. Previous research suggests that intrinsic motivation plays a particularly salient role in the exercise behavior process and may be implicated in long-term maintenance. The primary goal of this study is to identify the motivational factors that contribute to regular exercise. A major focus will be on the potential relationship of motivational factors and body image …

Public Writing Inside And Outside The Classroom: A Comparative Analysis Of Activist Rhetorics, Eileen Medeiros

Open Access Dissertations

Public writing, or writing in the public sphere, is being heralded as the next step in composition studies. Embedded in public writing is the assumption that it fosters civic engagement and effects social change, the same assumptions that were made about service-learning in the 1990's--assumptions that have turned out to be incorrect, actually. This study is an investigation of those assumptions. Using a comparative methodology, this study examines the types of writing that students are producing in five different public writing classes located around the country and juxtaposes that writing with the writing produced by members of five national activist …