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2008

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The Association Between Relationship Satisfaction And Similarity Of Personality And Goals In Life, Kristin N. Renz Jan 2008

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

Undergraduate Theses and Senior Projects

No abstract provided.

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Bionormativity And The Construction Of Parenthood, Katharine K. Baker Jan 2008

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 …

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Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup Jan 2008

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 …

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Table Of Contents Jan 2008

Table Of Contents

Georgia Law Review

No abstract provided.

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Designating Health Care Decisionmakers For Patients Without Advance Directives: A Psychological Critique, Nina A. Kohn, Jeremy A. Blumenthal Jan 2008

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 …

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The Concept And The Rule Of Law, Jeremy Waldron Jan 2008

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 …

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Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne Jan 2008

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 …

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Deliberately Different: Bullying As A Denial Of A Free Appropriate Public Education Under The Individuals With Disabilities Education Act, David E. Ferster Jan 2008

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 …

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The Burden Of Knowledge, Christian Turner Jan 2008

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 …

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Child Welfare And Future Persons, Carter Dillard Jan 2008

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 …

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Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White Jan 2008

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, …

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Spirituality And Aging In Social Work: State Of The Art And Future Possibilities, Holly Nelson-Becker, Edward R. Canda Jan 2008

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, …

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Towards A More Deeply Child-Centered Approach To Child Poverty, Katherine Tyson Mccrea Jan 2008

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.

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Two Major Flaws Of The Animal Rights Movement, Geordie Duckler Jan 2008

Two Major Flaws Of The Animal Rights Movement, Geordie Duckler

Animal Law Review

In its current guise, animal rights advocacy imposes few intellectual demands on its proponents, usually requiring little more than a colorful Web site and a college dictionary, the former to construct an audience, and the latter to provide the emotion-laden phrases needed to inflame that audience into supporting stringent penalties for animal-related crimes. Hard thought is not really essential for animal rights advocates to be able to proclaim an end to animal abuse or an allegiance to easing animal suffering, and the standard advocate toolkit simply need not include “rational legal analysis” among the apparatus utilized to rail against mistreatment, …

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Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell Jan 2008

Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell

Animal Law Review

No abstract provided.

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Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss Jan 2008

Lessons Learned: Acting As Guardian/Special Master In The Bad Newz Kennels Case, Rebecca J. Huss

Animal Law Review

The United States District Court for the Eastern District of Virginia appointed Rebecca Huss as the guardian/special master of the pit bulls that were the subject of the case against Michael Vick relating to dog fighting. In April of 2007, the Surry County Sheriff’s Department seized fifty-three pit bulls from Vick’s home in Virginia. According to the facts set forth in the plea agreement, dogs on the property were killed and subjected to violent dog fights. Similar to human victims of abuse, the dogs needed someone to represent their best interests during litigation. Huss was in charge of determining whether …

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Using Special Masters To Advance The Goals Of Animal Protection Laws, Alexis C. Fox Jan 2008

Using Special Masters To Advance The Goals Of Animal Protection Laws, Alexis C. Fox

Animal Law Review

This article suggests that courts should appoint special masters to large-scale animal abuse cases. The work of special masters in two recent high profile cases, Sarah v. PPI and Vick, demonstrate that special masters can help advance the goals of the animal protection movement in three ways. First, special masters can ensure that individual animal victims are cared for once they are rescued from large-scale abuse situations. Second, court orders that appoint special masters to large-scale animal abuse cases insert a best-interest-of-the-animal analysis into formal court proceeding. Finally, court appointed special masters may encourage better enforcement of animal protection laws …

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See Spot Eat, See Spot Die: The Pet Food Recall Of 2007, Kate Paulman Jan 2008

See Spot Eat, See Spot Die: The Pet Food Recall Of 2007, Kate Paulman

Animal Law Review

When dogs and cats across the country fell inexplicably ill in March of 2007, their human companions became sick with worry. Veterinarians eventually determined contaminated pet food was the source of these illnesses. Melamine, an industrial chemical used in cookware, furniture, and industrial fertilizers, contaminated wheat gluten manufactured in China and utilized in many pet food brands in the United States and Canada. This contamination led to a recall of more than 200 brands of pet food - the largest in American history. This comment explores the reasons behind the contamination and the ensuing recall. The author identifies inadequate domestic …

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Table Of Contents Jan 2008

Table Of Contents

Georgia Law Review

No abstract provided.

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Plea Bargaining And Procedural Justice, Michael M. O'Hear Jan 2008

Plea Bargaining And Procedural Justice, Michael M. O'Hear

Georgia Law Review

Recognizing the increasingly dominant role of plea bargaining in the American criminal justice system, legal scholars \have devoted considerable attention in recent years to problems of accuracy and proportionality in cases resolved by guilty plea. However, an overriding focus on the outcomes of plea bargaining misses the important contributions that process makes to the acceptance of outcomes and the perceived legitimacy of the criminal justice system. Drawing on the extensive social psychology research on procedural justice, this Article proposes five process norms that prosecutors ought to observe when making or responding to plea offers. Paying greater attention to procedural justice …

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Some Realism About Bar Associations, Elizabeth Chambliss, Bruce A. Green Jan 2008

Some Realism About Bar Associations, Elizabeth Chambliss, Bruce A. Green

Faculty Scholarship

No abstract provided.

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Homeownership Risk Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby Jan 2008

Homeownership Risk Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby

Faculty Publications

No abstract provided.

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Property And Relative Status , Nestor M. Davidson Jan 2008

Property And Relative Status , Nestor M. Davidson

Faculty Scholarship

Property does many things-it incentivizes productive activity, facilitates exchange, forms an integral part of individual identity, and shapes communities. But property does something equally fundamental: it communicates. And perhaps the most ubiquitous and important messages that property communicates have to do with relative status, with the material world defining and reinforcing a variety of economic, social, and cultural hierarchies. This status-signaling function of property-with property serving as an important locus for symbolic meaning through which people compare themselves to others-complicates premises underlying central discourses in contemporary property theory. In particular, status signaling can skew property's incentive and allocative benefits, leading …

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Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington Jan 2008

Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

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Intrinsic Motivation Of Students With Disabilities In The General Education Setting: What Teachers Should Know And Be Able To Do, Beverly Stinson Faircloth Jan 2008

Intrinsic Motivation Of Students With Disabilities In The General Education Setting: What Teachers Should Know And Be Able To Do, Beverly Stinson Faircloth

Walden Dissertations and Doctoral Studies

The Individuals with Disabilities Act (IDEA) requires that students with disabilities (SWD) be educated in the least restrictive environment, while the No Child Left Behind Act (NCLB) requires that these students meet minimum criteria on statewide testing by 2014. This sequential explanatory mixed methods action research study, situated in Bandura's self-efficacy and Atkinson's drive theories, examined the effects of teacher training and subsequent implementation of strategies on the intrinsic motivation of SWD. Intrinsic motivation was measured using the Children's Academic Intrinsic Motivation Inventory (CAIMI) before and after the training. A repeated measures t-test analyzed the mean difference in the students' …

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Ho'oponopono: Assessing The Effects Of A Traditional Hawaiian Forgiveness Technique On Unforgiveness, Matthew B. James Jan 2008

Ho'oponopono: Assessing The Effects Of A Traditional Hawaiian Forgiveness Technique On Unforgiveness, Matthew B. James

Walden Dissertations and Doctoral Studies

This study expanded on the existing empirical research on forgiveness and specifically ho'oponopono, a traditional Hawaiian forgiveness process. An extensive literature review revealed that while forgiveness has gained in popularity among researchers and clinicians, few therapeutic process-based models have been researched. Furthermore, ho'oponopono has not been studied as a process-based approach to forgiveness. Therefore, the purpose of the present between-groups, within-groups, repeated measures study was to assess the effects of the application of ho'oponopono (focused on a specific transgressor) on levels of unforgiveness, as measured by the Transgression-Related Interpersonal Motivations Inventory (TRIM). The participants (N = 79) were randomly divided …

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Beliefs, Perceptions, And Preferences For Treatment In Latinas With Breast Cancer, Barbara Ann Kreling Jan 2008

Beliefs, Perceptions, And Preferences For Treatment In Latinas With Breast Cancer, Barbara Ann Kreling

Walden Dissertations and Doctoral Studies

Research documents that breast cancer is the leading cause of death in Latina females. The exact numbers are unknown, but studies reveal that Latinas with breast cancer underuse recommended follow-up chemotherapy, decreasing their rates of survival. Although several factors may be responsible, cultural influences are a possible barrier. However, there is a gap in the literature about how culture affects decisions about breast cancer treatment. This focused ethnographic study examined the role of cultural beliefs and perceptions in the decision-making process for Latina women about whether or not to receive chemotherapy following a breast cancer diagnosis. Drawing from Douglas' cultural …

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Recidivism As Omission: A Relational Account , Youngjae Lee Jan 2008

Recidivism As Omission: A Relational Account , Youngjae Lee

Faculty Scholarship

Are repeat offenders more culpable than first-time offenders? In the United States, the most important determinant of punishment for a crime, other than the seriousness of the crime itself, is the offender's criminal history. Despite the popularity of the view that repeat offenders deserve to be treated more harshly than first-time offenders, there is no satisfactory retributivist account of the "recidivist premium." This Article advances a retributivist defense of the recidivist premium and proposes that the recidivist premium be thought of as punishment not, as sometimes suggested, for a defiant attitude or a bad character trait, but as punishment for …

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Friendship In Young Adult Heterosexual Romantic Relationships, Billy Kidd Jan 2008

Friendship In Young Adult Heterosexual Romantic Relationships, Billy Kidd

Walden Dissertations and Doctoral Studies

Friendship is one of the pillars that supports satisfying, long-term, romantic relationships and marriage. Yet little is known about how romantic friendship is contextually experienced. This lack of knowledge limits the options of researchers and therapists. The purpose of this phenomenological study was to further substantiate a romantic friendship construct. The research question asked how friendship is experienced in heterosexual romantic relationships. Participants in two West Coast metropolitan areas, ages 18 to 29, were selected by convenience sampling. As per Giorgi's phenomenological method, themes were abstracted from the transcripts of focus group and individual interviews. The themes were then shortened …

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The Impact Of Visual Art Instruction On Student Creativity, Jeanie S. Parker Jan 2008

The Impact Of Visual Art Instruction On Student Creativity, Jeanie S. Parker

Walden Dissertations and Doctoral Studies

This researcher examined the relationship between visual arts programs and creative thinking skills of high school students taking a foundations of music course and an introductory visual art course. A gap existed in the current literature concerning visual art experience and creativity among high school students. This study was based upon the theories of Eisner, Gardner, and Csikszentmihalyi concerning creativity and art experiences. This researcher used a quasi-experimental, nonequivalent control group design. A convenience sample of 2 high school fine arts classes was comprised of 1 visual art class and 1 foundations of music class, giving a sample of 50 …

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