Digital Commons Network^™

Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …

Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin

Articles & Chapters

One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.

As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …

Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman

Articles & Chapters

No abstract provided.

Introduction, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin

Articles & Chapters

The legal profession has notoriously ignored the reality that a significant number of its members exhibit signs of serious mental illness (and become addicted or habituated to drugs or alcohol at levels that are statistically significantly elevated from levels of the public at large). This is no longer news. What has not been explored is why so much of the bar has remained willfully ignorant of these realities, and why it refuses to confront the depths of this problem.

The roots of this puzzle are found in the social attitude of sanism, an irrational prejudice of the same quality and …

Innovation And Corporate Governance: The Impact Of Sarbanes-Oxley, Houman B. Shadab

Articles & Chapters

No abstract provided.

Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons withDisabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us to …

Foreword, Corporate Governance Five Years After Sarbanes-Oxley: Is There Real Change, Faith Stevelman

Articles & Chapters

No abstract provided.

Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker

Articles & Chapters

This brief essay argues that any attempt by the U.S. Supreme Court and others to establish a painless punishment, especially lethal injection, fails logically and morally.

From the beginning, by definition, etymologically and existentially, “punishment” and “pain” have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Whether looking to the future (utilitarians) or the past (retributivists), we once clearly understood and embraced the inseparable connection between punishment and pain. Gradually, however, punishment has morphed into something which denies its own nature, culminating in today's move toward a massive dose of anesthetic as the ultimate punishment - as …

Air Pollution: Building On The Successes Breaking The Logjam: Environmental Reform For The New Congress And Administration: Panel Iii - Climate Change, U.S. Domestic Regulation, And The Future Of The Car, David Schoenbrod, Joel Schwartz, Ross Sandler

Articles & Chapters

No abstract provided.

Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol A. Herman, David Schoenbrod, Richard B. Stewart, Katrina M. Wyman

Articles & Chapters

No abstract provided.

Morris Ernst's Troubled Legacy, Brett Gary

Reconstruction: Studies in Contemporary Culture

Examining the contradictory life of the important legal activist Morris Ernst, this essay repositions its subject as one of the most significant public intellectuals of the 1920s and 1930s. Yet the intellectual independence demonstrated by Ernst is shown to have been compromised through his post-war collaboration with the F.B.I.

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Journal Articles

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …

A Localist Reading Of Local Immigration Regulations, Rick Su

Journal Articles

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …

Red Thread Or Slender Reed: Deconstructing Prof. Bartholet's Mythology Of International Adoption, Johanna Oreskovic, Trish Maskew

Journal Articles

No abstract provided.

Section 524(G) Without Compromise: Voting Rights And The Asbestos Bankruptcy Paradox, S. Todd Brown

Journal Articles

Section 524(g) of the Bankruptcy Code was adopted to protect unknown future asbestos personal injury victims' rights and prospects for financial recovery. To serve these goals and satisfy the demands of due process, Section 524(g) provides two basic forms of virtual representation for future victims - requiring the appointment of an independent legal representative and aligning the interests of future victims with current claimants (75% of whom must approve any plan that invokes Section 524(g)). In recent years, however, the 75% super-majority vote requirement has been transformed into a veto power wielded by a small group of law firms, who …

"Everybody Loves Trees": Policing American Cities Through Street Trees, Irus Braverman

Journal Articles

Recently, municipalities have been investing large sums of money as well as much bureaucratic and professional effort into making their cities not only a more "treefull" place, but also a place that surveys, measures, regulates, and manages its trees. This article explores the transformation of the utilitarian discourse on trees, which focuses on the benefits of trees and greenery, into a normative discourse whereby trees are not only considered good but are also represented as if they are or should be loved by everybody. This transformation is not only the result of top-down governmental policies. It is also a consequence …

International Trade, Pablo M. Bentes, Stacy J. Ettinger, Gregory Husisian, Stacie B. Lieberman, Valentin A. Povarchuk, Amy J. Stanley

The International Lawyer

No abstract provided.

Impact Of Comorbidity In Prevention Of Adolescent Depressive Symptoms., Patrick Pössel, Simone Seemann, Martin Hautzinger

Faculty and Staff Scholarship

Despite the well-known relevance of comorbidity, few studies have examined the impact of comorbid anxiety or externalizing symptoms on the prevention of depressive symptoms in adolescents. To replicate earlier positive effects of a cognitive-behavioral prevention program of depressive symptoms and to test the hypothesis that the prevention program would be less effective in adolescents with comorbid anxiety and externalizing symptoms, a study was conducted involving 301 8th-grade students, randomly divided into an intervention group and a non-intervention control group. The randomized design included baseline, post-intervention, and 6-month follow-up. The prevention program included 10 sessions held in a regular school setting. …

Hungry Realism: Style And Subjecthood In Meridel Le Sueur's The Girl, Amy Gentry

Reconstruction: Studies in Contemporary Culture

[First paragraph]

Meridel Le Sueur's 1939 novel The Girl occupies a troubled place within the history of American genres. Situated within several different subgenres—at once proletarian literature, feminist complaint, and sentimental melodrama—the novel sits comfortably in none. Written in 1939 but only published in 1978, it entered the public sphere almost forty years out of context, in a moment of radical feminism which, while it often resonated with Le Sueur's politics, could not but offer important dissonances as well. This long silence and late revision have partially obscured the book's original depiction of hunger as a force that destabilizes subjectivity …

Exploring The Interaction Between Asymmetric Phosphonates And Acetylcholinesterase. Probing The Gorge And P-Site Via Customized Covalent Modification, Lilu Guo

Graduate Student Theses, Dissertations, & Professional Papers

Organophosphates (OPs) react with acetylcholinesterases (AChEs) to form a covalent bond at a specific serine residue in the active gorge, thereby providing a highly precise modification of this enzyme and an opportunity to explore protein structure, function and mechanism. The goal of this study is: 1) to show how covalent modification of AChEs by chromophore-linked OPs can be used to probe the active and peripheral sites of the protein and its local environment; 2) to differentiate AChE stereoselectivity with asymmetric phosphonothiolates.

Click chemistry was used as a key transformation method to prepare an array of chromophores linked to a reactive …

Development Of The Secondary Conditions Among Adolescents With Disabilities (Scaad) Instrument: An Exploratory Study, Marie Middleton

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study was to develop a measure of secondary conditions, explore the reliability and validity of the measure, and explore the relationship between secondary conditions and participation among adolescents with disabilities. This research collected ratings of limitation due to secondary conditions, and ratings of participation for 24 adolescents with Intellectual/Developmental Disability. Data show that the participants experience an average of 11 secondary conditions during a three-month period as reported by families. The inter-rater agreement between parents and Family Support Specialists was .73 on a point-by-point comparison, and .85 when comparing whether or not limitation was a concern. …

Mistaken In The Man: The Life, Death, And Estate Trial Of John Mcclellan, Peter Nels Olsen

Graduate Student Theses, Dissertations, & Professional Papers

John McClellan was among the original founders of the Sioux Falls town site in Dakota Territory in the year 1857. During his lifetime, McClellan never spoke much about his family or his origins. After amassing considerable wealth selling land in the 1870s and 1880s, McClellan died in an elevator accident in 1899. His death left open the question of who would inherit his money and property. Three groups of claimants came before the local courts with the belief that John McClellan was, in some way, their relative. After eighteen years of litigation, none of the claimant parties could prove that …

Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis

Journal Articles

No abstract provided.

A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell

Journal Articles

No abstract provided.

Correlates Of Tobacco Cessation Counseling Among Hispanic Physicians In The Us: A Cross-Sectional Survey Study, Francisco G Soto Mas, Héctor G Balcázar, Julia Valderrama Alberola, Chiehwen Ed Hsu

Faculty, Staff and Student Publications

BACKGROUND: Physician advice is an important motivator for attempting to stop smoking. However, physicians' lack of intervention with smokers has only modestly improved in the last decade. Although the literature includes extensive research in the area of the smoking intervention practices of clinicians, few studies have focused on Hispanic physicians. The purpose of this study was to explore the correlates of tobacco cessation counseling practices among Hispanic physicians in the US. METHODS: Data were collected through a validated survey instrument among a cross-sectional sample of self-reported Hispanic physicians practicing in New Mexico, and who were members of the New Mexico …

Forgetting The Subject, Christa Davis Acampora

Publications and Research

No abstract provided.

Heuristic Health Resource Referral (H2r2) Engine, Duy Vo

Master's Projects

Searching for health resources is difficult for many individuals because it requires domain knowledge and understanding of search engines techniques. Our system proposes a paradigm shift whereby users provide as much or as little information as they feel comfortable, and we endeavor to match them with relevant health resources. The system first attempts to identify risk factors through a heuristic engine that employs fuzzy logic and then searches for health resources based on the user’s profile. We aim to unburden the user from having to understand complex health information and sometimes esoteric search techniques. Our preliminary findings show that a …

Trans Fatty Acids Provide Evidence Of Anthropogenic Feeding By Black Bears, Gregory W. Thiemann, Randal S. Stahl, Sharon Baruch-Mordo, Stewart W. Breck

Human–Wildlife Interactions

Bears (Ursus spp.) that become conditioned to anthropogenic food sources pose a risk to human safety and generally need to be relocated, rehabilitated, or destroyed. Identifying food-conditioned bears may be difficult if the animal is not captured or killed while immediately engaged in the nuisance behavior. Fatty acid signature analysis has been used to examine the dietary habits of bears and other carnivores and is based on the predictable incorporation of ingested fatty acids into the consumer’s fat stores. Unusual fatty acids that are available in only a few food types may be particularly useful dietary markers. In this …

Guest Satisfaction And Guest Loyalty Study For Hotel Industry, Danijel Carev

Theses

Common perception by practitioners in the hotel industry today that a satisfied guest would become a repeat customer was considered as a major subject of this research. It determined the extent to which satisfaction fostered loyalty. Interviewing guests and demonstrating the expression of visual experience through photography illustrated the guests´ propensity for recommending and returning to the hotel as a repeat customer. Using a provided digital camera, participating guests were asked to photograph whatever caught their eye to illustrate the hotel as being meaningful. In examining factors such as ambience, service, as well as with the guest’s overall satisfaction with …