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The Legacy Of The Nuremberg Doctors' Trial To American Bioethics And Human Rights, George J. Annas

Faculty Scholarship

In this lecture I argue that modern bioethics was born at the Nuremberg Doctors' Trial, a health law trial that produced one of the first major human rights documents: the Nuremberg Code. Accepting this conclusion has significant consequences for contemporary American bioethics generally, and specifically in the context of our continuing global war on terror in which the United States uses physicians to help in interrogations, torture, and force-feeding hunger strikers.

The primary force shaping the agenda, development, and current state of American bioethics has not been either medicine or philosophy, but law, best described as health law. Like bioethics, …

Health Care Reform In America: Beyond Ideology, George J. Annas

Faculty Scholarship

The inspiration for the following keynote address was drawn from an article authored by Professor Annas in 1995 which appeared in the New England Journal of Medicine.² In that article, Professor Annas sought to explain the Clinton healthcare plan's failure by analyzing the power and importance of the healthcare reform metaphors used in promoting the plan. In his remarks here, Professor Annas extends his analysis of healthcare related metaphors to those common in current healthcare reform parlance, theorizing that current efforts at healthcare reform have been unsuccessful, in part, because the metaphors used fail to frame the issues involved …

A Watershed Moment: Reversals Of Tort Theory In The Nineteenth Century, Jed Handelsman Shugerman

Faculty Scholarship

This article offers a new assessment of the stages in the development of fault and strict liability and their justifications in American history. Building from the evidence that a wide majority of state courts adopted Fletcher v. Rylands and strict liability for unnatural or hazardous activities in the late nineteenth century, a watershed moment turns to the surprising reversals in tort ideology in the wake of flooding disasters.

An established view of American tort law is that the fault rule supposedly prevailed over strict liability in the nineteenth century, with some arguing that it was based on instrumental arguments to …

From The Challenge Of Peace To The Gift Of Peace: Reading The Consistent Ethic Of Life As An Ethic Of Peacemaking, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

The Pillar Of The World: The Eschatological Role Of The Seventh Antediluvian Hero In 2 (Slavonic) Enoch, Andrei Orlov

Theology Faculty Research and Publications

The later Jewish mystical lore often portrays Enoch-Metatron as the
cosmic foundation sustaining the world or even as the pillar linking the
lower and upper worlds.
The current paper argues that the roots of this tradition about the
righteous antediluvian hero as the cosmic foundation of the world can be
detected already in 2 Enoch where Enoch is portrayed as the first fruit of
the future eschatological aeon of the righteous and the link between the
upper and the lower worlds.
Although in 2 Enoch the seventh antediluvian hero is never directly
named as either the foundation or the pillar, …

The Permissible Reach Of National Environmental Policies, Henrik Horn, Petros C. Mavroidis

Faculty Scholarship

Trading nations exchange tariff concessions in the context of trade liberalizing rounds. Tariffs, nonetheless, are not the only instrument affecting the value of a concession. Domestic instruments affect it as well, but public order is not negotiable, and, consequently, is not scheduled. Public order is unilaterally defined, but must respect the default rules concerning allocation of jurisdiction which are common to all WTO Members and bind them by virtue of their appurtenance to the international community. In this paper, we focus on the interaction between trade and environment. The purpose of this study is to highlight how these rules and …

Characteristics Of Male Pre-Service Elementary Education Candidates In North Dakota: An Exploratory Study, Daphne S. Ghorbani

Theses and Dissertations

In 2003 the National Education Association annual survey revealed that male teachers currently make up 35% of America's kindergarten through 12 th grade classroom teaching cadre. In grades kindergarten through sixth grade, men comprise 9% of the classroom teachers, and only 2% of classroom teachers inkindergarten through third grade are men. In 1994 Sadker and Sadker published Failing at Fairness, which examined gender biases in American kindergarten through 12th grade classrooms, including the effects of the overwhelmingly-female faculties. At the National Education Association's 2002 Representative Assembly, members adopted a measure to "identify, recognize, recruit and retain," more male teachers, …

Cultural Identity, Communication, And Cultural Reentry: Experiences Of American Students, Yuliya Kartoshkina

Theses and Dissertations

In 2003 the National Education Association annual survey revealed that male teachers currently make up 35% of America's kindergarten through 12 th grade classroom teaching cadre. In grades kindergarten through sixth grade, men comprise 9% of the classroom teachers, and only 2% of classroom teachers inkindergarten through third grade are men. In 1994 Sadker and Sadker published Failing at Fairness, which examined gender biases in American kindergarten through 12th grade classrooms, including the effects of the overwhelmingly-female faculties. At the National Education Association's 2002 Representative Assembly, members adopted a measure to "identify, recognize, recruit and retain," more male teachers, …

Repairing Family Law, Clare Huntington

Faculty Scholarship

Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill this void — and inaugurate a larger debate about the central role of emotion in family law — by exploring the intriguing and significant consequences for the regulation of families that flow from a theory of intimacy first articulated by psychoanalytic theorist Melanie Klein. According to Klein, individuals love others, inevitably transgress against those they love out of hate and …

Intuition, Morals, And The Legal Conversation About Gay Rights, Suzanne B. Goldberg

Faculty Scholarship

When lawyers and judges converse in litigation, factual and legal analysis typically takes center stage. Yet, when the legal conversation turns to the rights of lesbians, gay men, and bisexuals, the ground shifts. Intuition and morals rationales often displace evidence-based reasoning. More specifically, arguments to limit the rights of lesbians and gay men tend to depend explicitly on intuition, and sometimes morality, in ways that contemporary arguments to restrict the rights of other social groups rarely do.

In addressing this dissonance, this essay has two central aims. The first is simply to observe the disproportionate openness to arguments based on …

Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman

Faculty Scholarship

This essay takes stock of federal sentencing after 2007, the year of the periphery. On Capitol Hill, Attorney General Alberto Gonzales resigned in the face of widespread criticism over his role in the replacement of several U.S. Attorneys. In the Supreme Court, the trio of Rita v. United States, Gall v. United States, and Kimbrough v. United States clarified and perhaps extended the breadth of license given to district judges in an advisory guideline regime. In contrast to the Supreme Court's sentencing cases, which focus on the allocation of authority between judges and juries, and the bulk of the …

Contractual Enforcement Institutions And The Structure Of Information, Avery W. Katz

Faculty Scholarship

Many economic writers on contract theory have assumed that legal institutions are simply unable to do the job of enforcement, and have thus attempted to devise arrangements that motivate the parties to keep their commitments even though a government tribunal would be unable to tell whether they had performed. But non-legal enforcement mechanisms operate both as substitutes and complements for legal mechanisms (and as substitutes and complements for each other). This essay sketches how parties should choose among available enforcement mechanisms, based on the costs of information and other transaction costs.

Equality Opportunity: Marriage Litigation And Iowa's Equal Protection Law, Suzanne B. Goldberg

Faculty Scholarship

Discrimination claims against longstanding rules invite the public and the courts to rethink the status quo and address overarching legal and social commitments to equality together with questions specific to the case at hand. Lawsuits seeking marriage rights for same-sex couples quintessentially illustrate this multilayered nature of law reform litigation, as the debates they provoke focus not only on the rights of same-sex couples but also on the meaning of marriage and the meaning of equality more generally. While few other than lawyers, judges, and perhaps some reporters actually read the equal protection and due process arguments that the presiding …

Children, Kin, And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Joshua Gupta-Kagan

Faculty Scholarship

Millions of American children are raised primarily by people other than their parents, mostly by grandparents and other kin, and millions more are raised by third parties for some period of their childhood. In most such situations, informal arrangements negotiated by family members and kinship networks effectively provide care for these children. Many cases, however, require some formal legal arrangement; third party custody orders are needed to obtain necessary services and benefits for children whose parents are absent, and to protect children in the rare but still significant instances in which a parent is abusive or neglectful.

States currently have …

Climate Change And The Limits Of The Possible, Jedediah S. Purdy

Faculty Scholarship

Climate change looks to be more than just another environmental problem. It threatens to test the limits of our dominant ways of understanding and solving, not just environmental problems, but problems of political economy generally. Climate change has distinctive temporal and spatial features – how long it takes to unfold and the ways in which its effects are distributed across the globe – which may outstrip the capacity of our basic principles of economic and political decision-making. If so, then understanding the issue in a static way may ensure that we expect to fail in addressing it and are inarticulate …

The Cultural Defense: Reflections In Light Of The Model Penal Code And The Religious Freedom Restoration Act, Kent Greenawalt

Faculty Scholarship

Much of this essay is an inquiry into just how cultural factors might figure in claims about elements of offenses, justifications, excuses, and mitigations under the Model Penal Code – still the most comprehensive and systematic code of criminal law in the United States. That exploration gives us a sense of how culture may matter for criminal liability absent a specifically labeled "cultural defense"; it also provides an idea of how much could be accomplished by expansions of the standard defenses.

In the latter part of the essay, I think about cultural practices as a potential justification or generalized exemption …

Rethinking Copyright: Property Through The Lenses Of Unjust Enrichment And Unfair Competition, Shyamkrishna Balganesh

Faculty Scholarship

For some time now, scholars have come to recognize the existence of numerous structural infirmities deeply embedded within the modern copyright system. Most of these infirmities have been attributed to internal tensions within copyright law and policy, including the competing philosophies of access and control, use and exclusion, and rights and exceptions. Professor Stadler’s insightful article documents these tensions and proposes a new way of mediating them. She argues that copyright law is best understood as instantiating a restriction
on unfair competition and, consequently, that it should do little more than protect creators of original works from “competitive harm” in …

Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyamkrishna Balganesh

Faculty Scholarship

The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief – that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. Such a view attributes to the right a distinctively consequentialist meaning, …

Can Congress Authorize The Opponents Of Self-Financed Candidates To Receive Extra-Large Contributions?, Richard Briffault

Faculty Scholarship

Is the so-called Millionaires’ Amendment, which permits federal candidates who are running against self-funded opponents to receive contributions significantly above the standard federal statutory ceiling constitutional?

Federal law caps contributions to federal candidates, but the Supreme Court has ruled that limits on how much money a candidate can contribute to his or her own campaign are unconstitutional. This case tests the 2002 Millionaires’ Amendment, which enables candidates for Congress running against self-financing opponents to obtain contributions well above the ordinary statutory ceiling and also imposes additional reporting requirements on self-funding candidates.

"See Me, Feel Me, Touch Me, Hea[R] Me" (And Maybe Smell And Taste Me, Too): I Am A Trademark – A Us Perspective, Jane C. Ginsburg

Faculty Scholarship

The preceding chapter, “Between a sign and a brand,” addresses the current law in the UK and the EU regarding which signs can be a registered trademark, and the scope of protection a trademark receives. Jennifer Davis also considers the extent to which that scope does or should cover the more ineffable subject matter of “brand values.” This comment from the perspective of United States trademark law will follow a similar plan. It first will address what is (and is not) a trademark, focusing on the extensions of trademarks beyond traditional word marks and design marks (logos; trade dress [get-up]) …

Student Satisfaction And Performance In An Online Teacher Certification Program, Heidi Schweizer, Carrianne H. Hayslett, Sharon Katherine Kayne Chaplock

College of Education Faculty Research and Publications

The article presents a study which demonstrates the effectiveness of an online post baccalaureate teacher certification program developed by a Wisconsin university. The case method approach employing multiple methods and multiple data sources were used to investigate the degree to which pre-service teachers were prepared to teach. It was concluded that the study supports online delivery as an effective means of teacher preparation, but it was limited in the number of students followed into their first year of teaching.

Critical Thinking As Disciplinary Practice, Stephen C. Yanchar, Brent D. Slife, Russell Warne

Faculty Publications

Critical thinking in psychology has traditionally focused on method-centered tasks such as the assessment of method use, data analysis, and research evidence. Although helpful in some ways, this form of critical thinking fails to provide resources for critically examining the scientific-analytic foundation on which it rests and, when used exclusively, prohibits sufficiently critical analysis of theory and research. An alternative view of critical thinking—that emphasizes the identification and evaluation of implicit theoretical assumptions—is advocated. It is suggested that this alternative approach improves upon method-centered approaches by addressing not only implicit assumptions but also rule-following concerns. This approach is intended to …

Monte Carlo Modeling Of Spatial Coherence: Free-Space Diffraction, Donald D. Duncan, David G. Fischer, Scott A. Prahl

Electrical and Computer Engineering Faculty Publications and Presentations

We present a Monte Carlo method for propagating partially coherent fields through complex deterministic optical systems. A Gaussian copula is used to synthesize a random source with an arbitrary spatial coherence function. Physical optics and Monte Carlo predictions of the first- and second-order statistics of the field are shown for coherent and partially coherent sources for free-space propagation, imaging using a binary Fresnel zone plate, and propagation through a limiting aperture. Excellent agreement between the physical optics and Monte Carlo predictions is demonstrated in all cases. Convergence criteria are presented for judging the quality of the Monte Carlo predictions.

Market Damages, Efficient Contracting, And The Economic Waste Fallacy, Alan Schwartz, Robert E. Scott

Faculty Scholarship

Market damages are the best default rule when parties trade in thick markets: They induce parties to contract efficiently and to trade if and only if trade is efficient, and they do not create ex ante inefficiencies. Courts commonly overlook these virtues, however, when promisors bundle services that are not separately priced. For example, a promisor may agree to pay royalties on a mining lease and later to restore the promisee's property. When the cost of completion is large relative to the "market delta " – the increase in market value – courts concerned with avoiding "economic waste" limit the …

Meritocracy: A Socio-Educational Policy Conundrum Transversing Selected Works Of James Bryant Conant, Benjamin Enoma

Dissertations, Theses, and Capstone Projects

In the United States, adjacent strands of the meritocratic discourse intercept by accident of history. It occurs either in the Jeffersonian tradition of culling from all sectors of the populace a natural aristocracy of talents as proposed by James Conant through the development of Scholastic Aptitude Tests, or by expanding the structure of opportunity to all individuals and leveling uneven terrains through social policies like desegregation of schools and affirmative action. In other words, it is a case of policies based on the 'laissez-faire' doctrine versus those based on governmental intervention. "This interception to some degree has fused the strands …

Turning Space Into Place In The Sprawling “New City”: Shrinking Space, Visions Of Place, Homeowners In Conflict, Lael Leslie

Dissertations, Theses, and Capstone Projects

Was there a "real place" to be found in the sprawling "new city" landscape? This interview study considers the categories of sprawl as a placeless, apolitical space, and of the suburban white middle class, to explore how "place" is variously understood by homeowners confronting rapid spatial reconfiguration. The interviewees are residents of a municipality located in one of New Jersey's "growth corridors." Emphasis is on homeowners' experiences, and on what they view as problems related to rapid growth.

Given the long settlement history of this northeastern seaboard region, this study finds that relations among homeowners had changed over time in …

The Corruption Of Civilizations, Timothy K. Kuhner

Faculty Publications By Year

No abstract provided.

Book Review Of Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Scott Dodson

Faculty Publications

This book review of Jeffrey Morris’s Establishing Justice in Middle America argues that although Morris makes an important contribution to the understudied Court of Appeals for the Eighth Circuit, he fails to engage the reader in the personalities that populated the court, eschews the development of coherent themes running through the court’s membership changes and temporal scope, and omits important cases that helped define the court as an independent judicial body.

State Administration Vs. Self-Government In The Slovak And Czech Republics, Phillip J. Bryson

Faculty Publications

In the transition experience, the Czech and Slovak Republics have made some effort to achieve fiscal decentralization. From independence to EU accession, the devolution of power designed to strengthen the autonomy of local governments according to the principles of subsidiarity have also included a reform of public administration. The nature of reform efforts and their implications for the fiscal decentralization are analyzed. The failure to achieve a robust autonomy for subnational governments is due to the ongoing adherence to the notion of the "state administration" as opposed to self-government in both republics.

Perpetual Dissents, Allison Orr Larsen

Faculty Publications

No abstract provided.