Digital Commons Network^™

The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo

Faculty Scholarship

No abstract provided.

Nothing But The Truth? Experiments On Adversarial Competition, Expert Testimony, And Decision Making, Cheryl Boudreau, Mathew D. Mccubbins

Faculty Scholarship

Many scholars debate whether a competition between experts in legal, political, or economic contexts elicits truthful information and, in turn, enables people to make informed decisions. Thus, we analyze experimentally the conditions under which competition between experts induces the experts to make truthful statements and enables jurors listening to these statements to improve their decisions. Our results demonstrate that, contrary to game theoretic predictions and contrary to critics of our adversarial legal system, competition induces enough truth telling to allow jurors to improve their decisions. Then, when we impose additional institutions (such as penalties for lying or the threat of …

Corporate Confessions, Brandon L. Garrett

Faculty Scholarship

In corporate crime investigations, when prosecutors pursue charges against both employees and corporations, confessions raise several novel questions without clear answers in constitutional criminal procedure. First, corporations confess. The firm, a target of a criminal investigation, may itself admit to crimes by employees as part of a settlement agreement with prosecutors. While useful to study in their impact and form, as a constitutional matter such confessions can not be coerced, the Supreme Court has adopted a "collective entity rule" that corporate persons may not invoke Fifth Amendment privilege. Second,before itself confessing, the firm may encourage employees to provide statements to …

Introducing A ‘Different Lives’ Approach To The Valuation Of Health And Well-Being, Matthew D. Adler, Paul Dolan

Faculty Scholarship

We introduce a new "different lives" survey format, which asks respondents to rank hypothetical lives described in terms of longevity, health, happiness, income, and other elements of the quality of life. In this short paper, we show that the format is of policy relevance whether a mental state, preference satisfaction or extra-welfarist account of well-being is adopted and discuss some of the advantages the format has over standard formats, such as contingent valuation surveys and QALY-type methods. An exploratory survey indicates that the format is feasible and that health and happiness might be more important than income and life expectancy.

An Examination Of Intercultural Communication Training Programs For U.S. Sojourners In Denominational And Non-Denominational Organizations, Stuart L. Holsing

Dissertations and Theses @ UNI

Whether for business or personal pleasure, service projects or military service, each year millions travel to destinations very different from their own culture. The preparation of the sojourner for effective interaction in their host culture will largely determine success or failure in meeting the mutual objectives all parties involved. My experiences both as a participant and leader of seven different teams of volunteers with Christian agencies led me to investigate what training is given to equip sojourners for the challenges they will face in navigating the unfamiliar territory of cultural differences in the course of performing their mission. How is …

After Innocence: Framing Wrongful Convictions, Susan A. Bandes

Public Law and Legal Theory Working Papers

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

L1 Acquisition Of Japanese Particles: A Corpus-Based Study, Mari Fujimoto

Dissertations, Theses, and Capstone Projects

This dissertation is a comprehensive examination of L1 Japanese particle acquisition using two sets of corpora of naturalistic speech, JCHAT, longitudinal speech data of three Japanese children and the mothers (Miyata 2004a, b, and c, and MacWhinney 2000), and CHJ, adult-to-adult telephone conversation. The analysis reveals that despite differences in their language environment, all three children complete particle acquisition around MLU (m) 3.00 regardless of differences in the threshold of particle use. Further, none of the three children mimicked their mother's frequency of particle use, even as they all conform to a particular sequence of particle acquisition. The first set …

The Impact Of A Home-Based Intervention Program On Maternal Reflective Functioning In First-Time Mothers, Maia Rebecca Miller

Dissertations, Theses, and Capstone Projects

The present study investigates the impact of "Minding the Baby," a home-based intervention program, on maternal reflective functioning (RF). It was hypothesized that the reflective capacity of mothers who received the MTB intervention would increase over the course of the study, and that this increase would be reflected in the quality of their responses to clinical interviews administered before and after birth. The guiding premise of the intervention was that helping mothers develop a reflective stance would enable them to become more regulating, sensitive, and autonomy-promoting caregivers and thus positively affect a range of developmental outcomes in their infants.

The …

A Study Of The Level Of Interest Among Adolescents In Physical Education, Brooke N. Davitt

Dissertations and Theses @ UNI

There has been an incredible amount attention given to the issue of childhood obesity in America today because the prevalence and incidence rates have grown at alarming rates. When addressing this problem, there are multiple things to consider, (a) diet, (b) exercise, (c) support systems, (d) healthy behavior modification, and ( e) interest toward physical activity. This last item mentioned is of significance for the current study. In this study, adolescent children, ages 11 to 18, were asked to evaluate their interest in physical activity, specifically badminton, volleyball, and HALS Pals, during their physical education class. These children were also …

The Relationship Between Learning Style Preference And Achievement In The Adult Student In A Multicultural College., Matilde E. Roig

Walden Dissertations and Doctoral Studies

Minority college students have varied learning styles and process information from distinct background and cultural perspectives, which influences their learning. Accordingly, the way faculty approach teaching affects student achievement. Few minorities are in scientific fields, with a shortage of scientists predicted. A problem exists in understanding the relationship between learning style preferences and achievement of minority college students. The purpose of the study was to investigate this relationship in adult minority students in a South Florida college's biology courses. Research questions pertained to relationships between learning style preferences, race, ethnicity and grades. This quantitative study used the online Felder-Soloman Inventory …

How The Merits Matter: Directors' And Officers' Insurance And Securities Settlements, Tom Baker, Sean J. Griffith

Faculty Scholarship

This Article seeks what may be the holy grail of securities law scholarship—the role of the "merits" in securities class actions--by investigating the relationship between settlements and directors' and officers' (D&O) liability insurance. Drawing upon in-depth interviews with plaintiffs' and defense lawyers, D&O insurance claims managers, monitoring counsel, brokers, mediators, and testifying experts, we elucidate the key factors influencing settlement and examine the relationship between these factors and notions of merit in civil litigation. We find that, although securities settlements are influenced by some factors that are arguably merit related, such as the "sex appeal" of a claim's liability elements, …

Fetal Positions: Unraveling The Influence Of Religion On Premarital Pregnancy Resolution, Amy Adamczyk, Jacob Felson

Publications and Research

This study illustrates the ways religiosity and denominational affiliation influence the probability that a young woman will have an abortion.

Religion And Initiation Into Marijuana Use: The Deterring Role Of Religious Friends, Amy Adamczyk, Ian Palmer

Publications and Research

Over the last two decades researchers have begun to look at how personal religious beliefs and behaviors influence substance use, finding that more religious teens are less likely to drink, smoke, and use illegal drugs. This study builds on this previous research, combining it with work on religious contextual effects to develop a theoretical model that explains why friends’ religion would influence teens’ marijuana use, even if teens are not personally religious. Using two waves of data from the National Longitudinal Study of Adolescent Health, this study examines whether individual and friends’ religiosity (e.g., religious participation and importance) or born-again …

Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Scholarly Works

No abstract provided.

Indicators Of Self-Rated Driving Ability Among A Community-Based Sample Of Older Adults, Michelle Lynn Ackerman

All ETDs from UAB

No abstract provided.

The Impact Of Feedback On Self-Rated Driving Ability Among Older Adults, Michelle Lynn Ackerman

All ETDs from UAB

No abstract provided.

The Use Of Non-Fiction In The Context Of Fantasy Fiction, Angela K. York

Undergraduate Theses and Senior Projects

No abstract provided.

The Association Between Relationship Satisfaction And Similarity Of Personality And Goals In Life, Kristin N. Renz

Undergraduate Theses and Senior Projects

No abstract provided.

Bionormativity And The Construction Of Parenthood, Katharine K. Baker

Georgia Law Review

This Article explores the relationship between legal and biological parenthood. It examines how neither history, nor biology, nor moral philosophy dictate a legal regime in which parenthood must be based on biological connection, but that attractionto a biological (or"bionormative")regime remains strong. In explaining why, it suggests that much of what attracts people to bionormativity is not biology itself, but the way in which a biological regime constructs parenthood as a private, exclusive, and binary enterprise. It is these ancillary qualities of bionormativity that people may care the most about. Today, a variety of forces put pressure on these ancillary qualities …

Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup

Georgia Law Review

Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors …

Table Of Contents

Georgia Law Review

No abstract provided.

Designating Health Care Decisionmakers For Patients Without Advance Directives: A Psychological Critique, Nina A. Kohn, Jeremy A. Blumenthal

Georgia Law Review

States' default surrogate statutes allow family or friends to make health care decisions for incapacitated patients who lack advance directives. Although such statutes are commonly justified on the grounds that they honor the wishes of incapacitated persons, the review of empirical research on surrogate decision making in this Article challenges this justification. The authors find that default surrogate statutes do a reasonable job of capturing majority preferences for health care decision making processes, but do not ensure that patients receive the treatment they would have selected for themselves if able. Rather,surrogates appointed under default surrogate statutes can be expected to …

The Concept And The Rule Of Law, Jeremy Waldron

Georgia Law Review

This Essay explores and connects two issues: (1) the relation between the Rule of Law (or legality) and the work we do in general jurisprudence on the concept of law; and (2) the distinction between conceptions of the Rule of Law that emphasize certainty, rules, and predictability and conceptions of the Rule of Law that also emphasize procedure and argument, even when legal argumentation detracts from the certainty emphasized the first set of conceptions. First, the Essay argues in favor of a more demanding understanding of what law it (informed by the ideal of the Rule of Law); in other …

Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne

Georgia Law Review

This Article offers a unique and timely treatment of the dual, yet divergent, rise in employer regulation of off-duty behavior and employee privacy law. Recent trends show that technology has expanded the supervisory tools available to employers and made the workplace a more fluid concept; in addition, financial pressures have grown from expensive employee benefits and other business costs. As a result, employers have been increasingly interested in reaching beyond their office walls to gather pertinent information for making personnel decisions. On the other hand, a movement is building in law to segregate off-duty activity from employer purview, particularly in …

Deliberately Different: Bullying As A Denial Of A Free Appropriate Public Education Under The Individuals With Disabilities Education Act, David E. Ferster

Georgia Law Review

Bullying is pervasive in America's public schools. Despite recent emphasis on character education programs and the passage of anti-bullying legislation, up to 30% of students are either bullies or victims, and over two-thirds of students believe their schools do not make sincere efforts to prevent bullying. Students with disabilities are particularly vulnerable; they are substantially more likely to be victims of bullying than their non-disabled peers, and the effects of bullying make these already at-risk students more likely to underperform academically and drop out of school. Student victims of certain types of bullying have had limited success in holding schools …

The Burden Of Knowledge, Christian Turner

Georgia Law Review

Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …

Child Welfare And Future Persons, Carter Dillard

Georgia Law Review

While ethicists have delved deeply into the rights and wrongs of procreating,lawyers have had little to say about the matter, because they are stymied by practical concerns, by the tendency of the law to ignore prospective children and their interests,and by the misperception that a fundamental rights boundary absolutely forbids state intervention. But recently a small door has opened in this wall between law and ethics: courts faced with repeatedly having to remove abused and neglected children from parents judged unfit, have issued temporary no-procreation orders. As precedent builds and the possibility of ex ante regulation of procreation and parenthood …

Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White

Georgia Law Review

Young children across America begin the school day with ritualized expressions of loyalty to the United States. Relying upon evidence from the cognitive and neurosciences, this Article argues that such patriotic rituals embed patriotic predispositions in children's unconscious at a time when they are especially vulnerable to emotional manipulation. These patriotic predispositions in turn sharply constrain children's future conceptions of political reality and shape their political beliefs. Additionally, by conditioning the same symbolic attachments in the vast majority of Americans, ritualized patriotic education contributes to the manipulation of the public by public officials, legitimizes anti-democratic aspects of the American system, …

Spirituality And Aging In Social Work: State Of The Art And Future Possibilities, Holly Nelson-Becker, Edward R. Canda

Social Work: School of Social Work Faculty Publications and Other Works

This article identifies the unique contributions social work has made to the study of spirituality and religion in relation to aging, based on respect for their diverse expressions. Definitions of religion and spirituality that particularly relate to late life are provided. The study of spirituality and aging is situated in four historical phases ranging from sectarian origins (1890s to 1920), to professionalization and secularization (1920s-1970s), to renewed interest (1980s to mid 1990s), to the current phase characterized by transcending boundaries. Interdisciplinary research by social workers is prevalent. Topics of study include a wide range of religious and nonreligious spiritual perspectives, …

Towards A More Deeply Child-Centered Approach To Child Poverty, Katherine Tyson Mccrea

Social Work: School of Social Work Faculty Publications and Other Works

No abstract provided.