Digital Commons Network^™

China's Courts: Restricted Reform, Benjamin L. Liebman

Faculty Scholarship

Recent developments in China’s courts reflect a paradox largely avoided in literature on the subject: Can China’s courts play an effective role in a non-democratic governmental system? Changes to courts’ formal authority have been limited, courts still struggle to address basic impediments to serving as fair adjudicators of disputes, and courts continue to be subject to Communist Party oversight. Courts have also confronted new challenges, in particular pressure from media reports and popular protests. At the same time, however, the Party-state has permitted, and at times encouraged, both significant ground-up development of the courts and expanded use of the courts …

The Effect Of Court-Ordered Hiring Quotas On The Composition And Quality Of Police, Justin Mccrary

Faculty Scholarship

Arguably the most aggressive affirmative action program ever implemented in the United States was a series of court-ordered racial hiring quotas imposed on municipal police departments. My best estimate of the effect of court-ordered affirmative action on work-force composition is a 14-percentage-point gain in the fraction African American among newly hired officers. Evidence on police performance is mixed. Despite substantial black-white test score differences on police department entrance examinations, city crime rates appear unaffected by litigation. However, litigation lowers slightly both arrests per crime and the fraction black among serious arrestees.

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 …

Battle Of The Branches: The Separation Of Powers Doctrine In State Education Funding Suits, Sarah Seo

Faculty Scholarship

What is the scope of judicial power to enforce positive rights, such as the right to education? This Note analyzes litigation outcomes in state education finance lawsuits to examine how state courts exercise their authority within the limits of the separation of powers doctrine. The Note argues that practical, non-legal factors play an important role in a judge's decision to grant remedies addressing unconstitutional legislative inaction to provide an adequate public education. In conclusion, the Note discusses the efficacy of education litigation in light of the judicial s jurisdictional limits, as well as the realities of state politics.

Supporting Personhood In Dementia: Examining The Impact Of Volition On Function In Everyday Occupations, Christine L. Raber

Theses and Dissertations

Understanding volition and preferences for occupation is a critical underpinning of effective occupational therapy services that promote and preserve identity for persons with moderate dementia. Although it has been posited that this population has significant difficulty expressing volition for daily occupations, little research has examined the role of volition in guiding engagement in occupations. This phenomenological study provides an in-depth description and analysis of volition in eight persons with moderate dementia. Guiding questions related to understanding patterns of past life interests, outward demonstration of volition, volitional continuity. and the relationship of the social environment to volition and engagement in daily …

Transition From Health Maintenance Organizations To Consumer Driven Health Plans: Measurement Of Initial Impacts For Members With Chronic Conditions, Carl F. Goff

Theses and Dissertations

New consumer driven health insurance products are designed to contain health care costs by making consumers more accountable for the care they receive through being responsible for more cost sharing, making decisions regarding health care providers they will use, and increasing exposure to and use of health information for services and providers. Potential benefits of consumer driven products include increased information regarding personal health and a more knowledgeable patient base. Potential drawbacks of consumer driven products include negative impacts on consumers with chronic and complex health conditions.

The purpose of this study was to ascertain differences in health services utilization …

An Examination Of The Relationships Among Health Literacy, Social Support, And Patient Activation In Community Residing Older Adults, Brenda L. Harding Hage

Theses and Dissertations

This study examined the relationships among the variables health literacy, social support, and patient activation. The subjects were 90 elderly, community residing adults meeting the inclusion criteria and who volunteered to participate in the study and completed three survey instruments: the Short Form of Functional Health Literacy (Parker, Baker, Williams & Nurss, 1995); the Medical Outcomes Survey (MOS) Social Support Survey Instrument (Sherboume & Stewart, 1991); the Patient Activation Measure (PAM) Short-Form (Hibbard, Mahoney, Stockard, & Tusler, 2005); and a demographic form.

A correlational design was used to test the hypotheses that social support and health literacy are positively related …

An Appellate Perspective On Federal Sentencing After Booker And Rita, Jeffrey S. Sutton

Denver Law Review

No abstract provided.

Empirical Questions And Evidence In Rita V. United States, Paul J. Hofer

Denver Law Review

No abstract provided.

Vol. 85, No. 1: Table Of Contents, Denver University Law Review

Denver Law Review

No abstract provided.

The New Due Process Limitation In Philip Morris: A Critique And An Alternative Rule Based On Prior Adjudication, Ben Figa

Denver Law Review

No abstract provided.

Vol. 85, No. 1: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Cunningham V. California: The Shifting Balance Of Judge And Jury, Laurie Jaeckel

Denver Law Review

No abstract provided.

Days Without Immigrants: Analysis And Implications Of The Treatment Of Immigration Rallies Under The National Labor Relations Act, Michael C. Duff

Denver Law Review

No abstract provided.

The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson

Denver Law Review

No abstract provided.

Disqualifying A District Attorney When A Government Witness Was Once The District Attorney's Client: The Law Between The Courts And The State, Eli Wald

Denver Law Review

No abstract provided.

Enacting Libertarian Property: Oregon's Measure 37 And Its Implications, Michael C. Blumm, Erik Grafe

Denver Law Review

No abstract provided.

Book Review: Ten Tortured Words, David K. Dewolf

Denver Law Review

No abstract provided.

(Im)Balance And (Un)Reasonableness: High-Speed Police Pursuits, The Fourth Amendment, And Scott V. Harris, Forrest Plesko

Denver Law Review

No abstract provided.

Non-Obviousness: The Fulcrum Of Combination Patent Validity, Matthew Faga

Denver Law Review

No abstract provided.

Preaching, Fundraising And The Constitution: On Proselytizing And The First Amendment, Mark Strasser

Denver Law Review

No abstract provided.

Vol. 85, No. 2: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Quantum Physics And Welfare Policy?, Jack C. Straton

Physics Faculty Publications and Presentations

Welfare policy is examined through the paradoxical logic of Nagarjuna’s tetralema, providing a lens through which wave-particle duality in quantum mechanics is then viewed. Through this process students are challenged to radically expand their critical-thinking horizons beyond conventional dualistic bounds. They learn not only this key property of quantum reality, but have to come to grips with the nature of knowledge itself, and the degree to which they censor their own awarenesses.

Three-Dimensional Structure Of Cdx (X= Se, Te) Nanocrystals By Total X-Ray Diffraction, S. K. Pradhan, Z. T. Deng, F. Tang, Y. Ren, Peter Moeck, V. Petkov

Physics Faculty Publications and Presentations

The three-dimensional structure of oleic acid-capped CdSe and thiol-capped CdTe nanocrystals used as quantum dots has been determined by total synchrotron radiationx-ray diffraction and atomic pair distribution function analysis. Both CdSe and CdTe are found to exhibit the zinc-blende-type atomic ordering. It is only slightly distorted in CdSe implying the presence of nanosize domains and very heavily distorted in CdTe due to the presence of distinct core-shell regions. The results well demonstrate the great potential of the experimental approach and thus encourage its wider application in quantum dot research.

In Re Qwest Communications International: Does Selective Waiver Exist For Materials Disclosed During A Government Investigation, Adam Aldrich

Denver Law Review

No abstract provided.

Federal Sentencing And The Uncertain Future Of Reasonableness Review, Jeffrey S. Hurd

Denver Law Review

No abstract provided.

Peoples V. Cca Detention Centers: The Tenth Circuit Limits Inmate Constitutional Rights, Erik Lemmon

Denver Law Review

No abstract provided.

English-Only Policies In The Workplace: Disparate Impact Compared To The Eeoc Guidelines, Melissa Meitus

Denver Law Review

No abstract provided.

Forests On Fire: The Role Of Judicial Oversight, Forest Service Discretion, And Environmental Regulations In A Time Of Extraordinary Wildfire Danger, Joshua Nathaniel

Denver Law Review

No abstract provided.

The Ongoing Struggle To Determine Federal Arising Under Jurisdiction In Copyright: The Complete Preemption Exception To The Well Pleaded Complaint Rule, David Ratner

Denver Law Review

No abstract provided.