Digital Commons Network^™

Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock

Journal Articles

One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …

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

Journal Articles

No abstract provided.

Bringing Clarity To Title Clearing: Tax Foreclosure And Due Process In The Internet Age, James J. Kelly Jr.

Journal Articles

The foreclosure of property tax liens performs an essential economic function by reconnecting underutilized properties to the real estate market. To clear title in an efficient and just manner, local jurisdictions foreclosing on tax liens require clear, balanced procedures for the provision of notice to affected parties. In its 2006 decision in Jones v. Flowers, the U.S. Supreme Court found that the foreclosing jurisdiction's lack of direct follow-up on returned notice mailings denied the addressee due process because the foreclosing party did not take steps that would be chosen by one desirous of actually informing the property owner. In subjecting …

Children's Beliefs And Family Law, Margaret F. Brinig

Journal Articles

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.

I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …

Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford

Journal Articles

Excerpts from the Article

Embodied in the Universal Declaration of Human Rights is the evocative proposition that [e]veryone has the right to freedom of opinion and expression. But beneath that level of abstraction there is anything but universal agreement.

This book review argues that the dissonance between countries need not be challenged in pursuit of uniformity. Indeed, in those cases in which the differences reflect an appropriate balance of competing goods, it should be celebrated. Constitutional exceptionalism recognizes and celebrates each country's attempt to optimize the general welfare of that country by balancing competing goods in a manner consistent with …

The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa

Journal Articles

No abstract provided.

Judicial Enforcement Of The Establishment Clause, Richard W. Garnett

Journal Articles

This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.

Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel

Journal Articles

No abstract provided.

This-Worldly Explanations For Otherworldly Growth: Vitality In An Ozarks Megachurch, Joseph Lee Dutko

Graduate Theses/Dissertations

James River Assembly, a Pentecostal megachurch in the Missouri Ozarks, grew from forty-two people in 1991 to over nine thousand in 2008. What led to such growth? Using ethnographic research methods such as interviews and twenty months of field observations, this study uses the story of James River Assembly to enter into the debate on congregational vitality. Three reasons emerge for the growth and strength of the church: excitement and optimism, an apocalyptic worldview, and a clear sense of identity embraced as a worthy pursuit by members. Each chapter presents theories of vitality that are useful for understanding growth at …

Dole’S Future: A Strategic Analysis, Neil S. Siegel

Faculty Scholarship

As the U.S. Supreme Court imposes federalism-based limits on congressional power under the Commerce Clause and Section Five of the Fourteenth Amendment, Congress may be tempted to turn to the conditional spending power in order to achieve goals that it may not accomplish directly. In this article, I address whether a danger exists, as some suggest, that such use of the Spending Clause would render the Court more likely to cut back on its scope, narrowing or overruling South Dakota v. Dole, 483 U.S. 203 (1987). Using doctrinal analysis and game theory, I conclude that Congress should proceed with …

Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland

College of Communication Faculty Research and Publications

The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader law of newsgathering, which encompasses not only source relationships, but also rights of access to places and records, protections against civil and criminal liability for torts and crimes committed in the pursuit of news, and protections against government searches of newsrooms and phone records, among other things. Resolving these conflicts has grown more …

Community Renegades: Micro-Radio And The Unlicensed Radio Movement, Lawrence Soley

College of Communication Faculty Research and Publications

No abstract provided.

Creative Women In Advertising Agencies: Why So Few “Babes In Boyland”?, Sheri L. Broyles, Jean M. Grow

College of Communication Faculty Research and Publications

Purpose – The purpose of this paper is to explore reasons why there are so few women in creative departments of advertising agencies and to discuss what impact that might have on the work environment of those creative departments and advertising messages they create.

Design/methodology/approach – Provides a review of published research and plus opinions of professionals who cover the advertising industry or work in agency creative departments. Personal observations from the authors’ time working in the advertising industry are also included.

Findings – Themes gleaned from the literature look at the gender gap, the creative department of advertising agencies …

Larry Sabato, Sumana Chattopadhyay

College of Communication Faculty Research and Publications

No abstract provided.

Bowling Alone, Sumana Chattopadhyay

College of Communication Faculty Research and Publications

No abstract provided.

Reporters Without Borders, Sumana Chattopadhyay

College of Communication Faculty Research and Publications

No abstract provided.

Seeing The World While Staying At Home: Slapstick, Modernity And American-Ness, Amanda R. Keeler

College of Communication Faculty Research and Publications

No abstract provided.

Real-Time Implementation Of A Statcom On A Wind Farm Equipped With Doubly Fed Induction Generators, Wei Qiao, Ganesh K. Venayagamoorthy, Ronald G. Harley

Electrical and Computer Engineering Faculty Research & Creative Works

Voltage stability is a key issue to achieve the uninterrupted operation of wind farms equipped with doubly fed induction generators (DFIGs) during grid faults. This paper investigates the application of a static synchronous compensator (STATCOM) to assist with the uninterrupted operation of a wind turbine driving a DFIG, which is connected to a power network, during grid faults. The control schemes of the DFIG rotor- and grid-side converters and the STATCOM are suitably designed and coordinated. The system is implemented in real-time on a real time digital simulator. Results show that the STATCOM improves the transient voltage stability and therefore …

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, …

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 …

Law And Economic Change During The Short Twentieth Century, John Henry Schlegel

Contributions to Books

Published as Chapter 16 in Cambridge History of Law in America, Volume 3: The Twentieth Century and After (1920–), Michael Grossberg & Christopher Tomlins, eds.

The brief recounting of the American economy in the twenties and thirties raises obvious questions about law and economic change. Economic change is the shift from one enacted, in both senses, understanding of economic life to another, in the case of the short twentieth century, from an associationalist economy to an impatient economy. This chapter explicates this economic change, and interrogates it in order to understand the role of law in its occurrence. Despite the …

Procedural Common Law, Amy Coney Barrett

Journal Articles

Debates about the common lawmaking power of the federal courts focus exclusively on substantive common law. But federal common law is not limited to matters of substance; it reaches matters of procedure as well. Federal law includes a robust body of what might be called procedural common law - common law primarily concerned with the regulation of internal court processes rather than substantive rights and obligations. This body of law includes many doctrines that are fixtures in the law of procedure and federal courts. For example, abstention, forum non conveniens, remittitur, stare decisis, and preclusion can all fairly be characterized …

Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith

Journal Articles

Even though Professor Leary and I are united in the goal of protecting children against sexual exploitation, we part company on the proper societal response to the problem of self-produced child pornography. In my view, children who produce and distribute pornographic images of themselves ordinarily should not be regarded as proper objects of punishment. In this context, child protective services, backed up if necessary by the threat of criminal prosecution, is a much more appropriate way of reforming minors and protecting them against the serious dangers to which they expose themselves by creating and distributing pornographic images of themselves. A …

The Supreme Court And The Politics Of Death, Stephen F. Smith

Journal Articles

This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …

Classifying Mental Tasks Based On Features Of Higher-Order Statistics From Eeg Signals In Brain–Computer Interface, Shang Ming Zhou, John Q. Gan, Francisco Sepulveda

School of Nursing and Midwifery

No abstract provided.

Low-Level Interpretability And High-Level Interpretability: A Unified View Of Data-Driven Interpretable Fuzzy System Modelling, Shang Ming Zhou, John Q. Gan

School of Nursing and Midwifery

No abstract provided.

Type-1 Owa Operators For Aggregating Uncertain Information With Uncertain Weights Induced By Type-2 Linguistic Quantifiers, Shang Ming Zhou, Francisco Chiclana, Robert I. John, Jonathan M. Garibaldi

School of Nursing and Midwifery

No abstract provided.

Measuring The Contribution And Complexity Of Nurse And Physiotherapy Consultants: A Feasibility Study, J Richardson, R Ainsworth, Aj Humphreys, E Stenhouse, M Watkins

School of Nursing and Midwifery

Advanced practice roles in nursing and other health professions have become integral to a range of healthcare services world-wide providing experienced practitioners with the opportunity to extend their roles and influence decision making whilst maintaining patient contact. However, there has been limited research to evaluate the impact on health services of these advanced practice roles.The aim of this feasibility study was to analyse Nurse and Allied Health Professionals (AHP) Consultant activity in the four functions of the role (education, expert practice, leadership, research). A structured diary assessed the activity of five Consultant Nurses and one Consultant Physiotherapist over a one …

Gender Composition Of Sociological Publications : A Content Analysis Of Scholarly Journals, Lynette L. Neppel

Theses and Dissertations

No abstract provided.