Digital Commons Network^™

Missing Parents, Clare Huntington

Faculty Scholarship

In an effort to protect children from abuse and neglect, the child welfare system focuses on parents, both as potential wrongdoers and as the locus for rehabilitation. This attention informs the discourse surrounding state intervention: parents' rights are balanced against children's rights, and family autonomy is understood as an overriding value. But the child welfare system centers parents in the wrong way, leading to academic debates that miss the mark and methods of intervention that are often counterproductive.

An effective child welfare system would be built upon the understanding that, in general, the state can best support children by supporting …

Our Uniform Patent System, Clarisa Long

Faculty Scholarship

Patent reform arouses passions among the affected industries, whether they are plaintiffs or defendants, willing users or unwilling participants in the patent system. The key question, therefore, is: How should we structure the patent system in order to best promote innovation in the U.S. economy?

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.

Effect Of Statute Changes On Admission Trends At A New Jersey State Psychiatric Hospital , Monica Malone

PCOM Psychology Dissertations

The impact of changes in New Jersey civil commitment laws on admission patterns at a New Jersey state psychiatric hospital was studied using an interrupted time series design. The target years were 1965, 1988, 1994, and 1998, years when significant changes in the commitment law took effect. The data studied were the total number of admissions per month. There were no significant changes in admission trends at any of the target dates. Possible reasons for these findings are discussed.

Development And Validation Of A Scale Of Subjective Well-Being For Cambodian Refugees , Gertha Anne Sicobo

PCOM Psychology Dissertations

This is a study of the Subjective Well-Being (SWB) of refugees from Cambodia. A correlational study design composed of questionnaires was used to assess subjective well-being in a Cambodian population in the USA. The purpose of this study was to develop and validate a newly constructed Scale of Subjective Well-Being for Khmer Refugees (SSWB-KR), to be used with Cambodian refugees living in the US. The scale is a 49-item, 4-pt. Likert -Type scale that was administered to a sample of 20 Cambodian refugees in Philadelphia, PA. It was administered along with three other measures, the Satisfaction With Life Scale (SWLS), …

Impact Of Participation In A Community Based, Even Start Literacy Program On School Achievement And Parent Involvement For English Language Learners (Ell), Elvira I. Zuazo-Legido

PCOM Psychology Dissertations

The family literacy model underlying the national Even Start Family Literacy Program has not fared well in large-scale evaluation studies, with outcomes showing minimal or no positive impact on later school achievement. However, the results of these studies have not been replicated in smaller studies, which hold the possibility of yielding richer and possibly more valid data using appropriate research design, methods, and techniques. The aim of this study was to investigate the effect of an Even Start Family Literacy Program on the academic progress of a homogeneous group of ELL (English Language Learners) Hispanic immigrant elementary school-age children. Twenty-nine …

An Analysis Of Survey Data On Student Perceptions Of Adolescent Counseling Needs, Jane Ellen Santo

PCOM Psychology Dissertations

The school counseling needs of adolescents have often
been assessed through the perceptions of school personnel
and other adults. This study provides an alternative
perspective and reports the results of a mental health/life
stress counseling needs’ assessment, conducted directly
with middle school and high school students’ grades 7
through 12. The results of this student-centered survey
are reported with relation to literature pertaining to the
potential counseling needs of adolescents and the
deleterious consequences of not meeting these needs. Data
pertaining to each area of the survey: awareness of
counseling services, participation in counseling services,
perceived counseling needs, and perceived …

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 …

Wrtl Ii: The Sharpest Turn In Campaign Finance's Long And Winding Road, Richard Briffault

Faculty Scholarship

In Federal Election Commission v. Wisconsin Right to Life, Inc. (WRTL II), a closely divided and fragmented Supreme Court, without a majority opinion, held that the First Amendment requires the creation of a sweeping as-applied exception to § 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), which extended the ban on the use of corporate and union treasury funds in federal election campaigns to “electioneering communication.” In so doing, the Court broke sharply with its 2003 decision in McConnell v. Federal Election Commission, which had, inter alia, rejected a facial challenge to the …

Ape 2008 Section 1, Long Term Patterns, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Figures 2.23-2.31 and stable growth process (Harrod-Hicks) [Teaching chart packet with explanatory notes on equilibrium modes and growth]. (n.d.).
• Shaikh, A. (2008, October 22). Ch. 3: Microfoundations, emergent properties and nonlinear dynamics [Annotated chapter-draft excerpt, pp. 30-40].
• Shaikh, A. (2007, October). Structured disorder: The economic analysis of developed capitalism [Annotated book-manuscript introduction excerpt].
• Figure 1.2: U.S. real investment index, 1832-2004 (fixed private capital equipment and structures) [Data-chart printout]. (n.d.).
• Shaikh, A. (2008, Spring). The economic analysis of advanced capitalism [Economics 205 / Advanced Political Economy II syllabus and reading outline].
• Shaikh, A. (2008, Spring). The economic analysis …

Ape 2008 Section 1, Long Term Patterns, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Figures 2.23-2.31 and stable growth process (Harrod-Hicks) [Teaching chart packet with explanatory notes on equilibrium modes and growth]. (n.d.).
• Shaikh, A. (2008, October 22). Ch. 3: Microfoundations, emergent properties and nonlinear dynamics [Annotated chapter-draft excerpt, pp. 30-40].
• Shaikh, A. (2007, October). Structured disorder: The economic analysis of developed capitalism [Annotated book-manuscript introduction excerpt].
• Figure 1.2: U.S. real investment index, 1832-2004 (fixed private capital equipment and structures) [Data-chart printout]. (n.d.).
• Shaikh, A. (2008, Spring). The economic analysis of advanced capitalism [Economics 205 / Advanced Political Economy II syllabus and reading outline].
• Shaikh, A. (2008, Spring). The economic analysis …

2008 - 91st Lectureship Summit, "The Righteousness Of God", Abilene Christian University, Abilene Christian University

Lectureship and Summit Programs

No abstract provided.

Punishment, Deterrence And Social Control: The Paradox Of Punishment In Minority Communities, Jeffery Fagan, Tracey L. Meares

Faculty Scholarship

Since the early 1970s, the number of individuals in jails and state and federal prisons has grown exponentially. Today, nearly two million people are currently incarcerated in state and federal prisons and local jails. The growth of imprisonment has been borne disproportionately by. African-American and Hispanic men from poor communities in urban areas. Rising.incarceration should have greatly reduced the crime rate. After all, incapacitated offenders were no longer free to rob, assault, steal, or commit other crimes. However, no large-scale reduction in crime was detected until the mid-1990s. The failure of crime rates to decline commensurately with increases in the …

Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod

Faculty Publications

One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.

The author gives a brief history of …

From Langdell To Law And Economics: Two Conceptions Of Stare Decisis In Contract Law And Theory, Jody S. Kraus

Faculty Scholarship

In his classic monograph, The Death of Contract, Grant Gilmore argued that Christopher Columbus Langdell, Oliver Wendell Holmes, and Samuel Williston trumped up the legal credentials for their classical bargain theory of contract law. Gilmore's analysis has been subjected to extensive criticism, but its specific, sustained, and fundamental charge that the bargain theory was based on a fraudulent misrepresentation of precedential authority has never been questioned. In this Essay, I argue that Gilmore's case against the classical theorists rests on the suppressed premise that the precedential authority of cases resides in the express judicial reasoning used to decide them. In …

Climate Change And The Environmental Impact Review Process, Michael B. Gerrard

Faculty Scholarship

In the explosion of modern environmental law that occurred in the 1970s, the first major statute was the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4347, signed into law by President Richard M. Nixon on January 1, 1970. It spawned "little NEPAs" in about twenty-five states and eighty countries. Council on Environmental Quality, The National Environmental Quality Act: A Study of Its Effectiveness After Twenty-Five Years (1997). All of these laws were designed to require governments to consider environmental issues in their decisions. The chief mechanism of NEPA and its state equivalents is the preparation of environmental impact statements …

We Are All Entrepreneurs Now, David E. Pozen

Faculty Scholarship

A funny thing happened to the entrepreneur in legal, business, and social science scholarship. She strayed from her capitalist roots, took on more and more functions that have little to do with starting or running a business, and became wildly popular in the process. Nowadays, "social entrepreneurs" tackle civic problems through innovative methods, "policy entrepreneurs" promote new forms of government action, "norm entrepreneurs" seek to change the way society thinks or behaves, and "moral entrepreneurs" try to alter the boundaries of duty or compassion. "Ethnification entrepreneurs," "polarization entrepreneurs," and other newfangled spinoffs pursue more discrete objectives. Entrepreneurial rhetoric has never …

The Conservative Case For Precedent, Thomas W. Merrill

Faculty Scholarship

This Essay offers some reasons why conservatives should favor giving great weight to precedent in constitutional adjudication. Let me start with some preliminary observations about the debate between originalism and precedent more generally.

First, the debate has been dominated to far too great an extent by specific cases, Roe v. Wade in particular. It is distressing that the only issue that has seemed to matter in recent confirmation hearings is what a nominee thinks about Roe v. Wade. Similarly, in the precedent versus originalism debate, much of the discussion – even in the law reviews – is animated by …

Transparency Is The Solution, Not The Problem: A Reply To Bruce Green, William H. Simon

Faculty Scholarship

I fear that the diffuse and ad hominem tendencies of Bruce Green's reply will distract attention from the core issues I sought to discuss.

First, I argued that issues of professional and academic integrity and accountability are raised when lawyers give advice with certain third-party effects under conditions of partial or complete secrecy. I proposed a variety of soft norms, including especially a presumptive duty of publicity.

Second, I criticized novel aggregate litigation arrangements applied by Leeds, Morelli & Brown (LM&B) in a series of campaigns involving many hundreds of clients, and I criticized the opinions of academic experts, including …

The Past, The Present, And Future Of Legal Ethics: Three Comments For David Luban, William H. Simon

Faculty Scholarship

David Luban helped invent the field of legal ethics some years ago; Legal Ethics and Human Dignity provides an opportunity to assess how it has developed. By way of both homage and critique, I offer three comments on central issues that the book raises: the nature of the moral foundations of lawyers' ethics; the relation of legal and ordinary moral norms in legal ethics decisions; and the relation of ethical norms and organization.

I associate the issue of moral foundations with the past because modern academic discussion of legal ethics began with this focus. The relationship between law and morals …

The Market For Bad Legal Advice: Academic Professional Responsibility Consulting As An Example, William H. Simon

Faculty Scholarship

Clients demand bad legal advice when legal advice can favorably influence third-party conduct or attitudes even when it is wrong. Lawyers supply bad legal advice most readily when they are substantially immunized from accountability to the people it is intended to influence. Both demand and supply conditions for a flourishing market are in place in several quarters of the legal system. The resulting practices, however, are in tension with basic professional and academic values. I demonstrate these tensions through critiques of the work of academic professional responsibility consultants in such matters as Enron, Lincoln Savings & Loan, and a heretofore …

Seqra And Climate Change, Michael B. Gerrard

Faculty Scholarship

New York's State Environmental Quality Review Act (SEQRA) is the centerpiece of environmental decision-making in the state. It requires state and local agencies to prepare environmental impact statements (EISs) for actions that could significantly affect the environment. SEQRA has become the principal framework for the identification and mitigation of environmental impacts.

The text of SEQRA provides that EISs should discuss the "effects of the proposed action on the use and conservation of energy resources, where applicable and significant." EISs under SEQRA are also required to consider, among many other things, a project's effects on air pollution. Since the main source …

Are We Over-Lawyering International Affairs, Philip C. Bobbitt, John D. Hutson, John C. Yoo, Philip D. Zelikow, Edwin D. Williamson

Faculty Scholarship

This panel will discuss the role of lawyers — particularly government lawyers — in addressing questions of legal policy. We will discuss fundamental questions such as: Should lawyers decide legal policy? Or, is that best left to the policymakers? Should lawyers give advice as to legal policy, or should they stick to providing answers as to what the law is? How should lawyers respond to what a policymaker thinks is the legal question, but is really a question of legal policy? If lawyers find the law vague or lacking, should they fill in the gaps, advising as to what the …

From Reform To Reduction: Reports On The Management Of Navy And Department Of Defense Laboratories In The Post-Cold War Era, J. Eric Hazell

Books

This book reviews approximately 65 of the significant reports issued on Department of Defense (DOD) and Department of the Navy (DON) management of research, development, test, and evaluation (RDT&E) from the end of the Cold War through the late 1990s. It is designed for two primary audiences: (1) DOD, congressional, and other government staff who need an accessible overview and quick reference and bibliographic guide to issues during that period; and (2) researchers and historians, especially those interested in available sources. The book is organized both chronologically and thematically, and engages some of the principal arguments, regarding management of defense …

E-Disclosure In International Arbitration, Robert H. Smit, Tyler B. Robinson

Faculty Scholarship

Electronically stored documents, in particular, emails, have rapidly become perhaps the most important source of evidence in commercial business disputes of virtually every kind. In the United States, new rules of court procedure seek to address the scope and conduct of discovery of electronic documents, which present unique challenges for litigants that discovery rules and principles designed with hardcopy documents in mind are ill-equipped to address. The same issues arise for international commercial arbitration but no guidelines tailored to the unique nature of international arbitration have yet been devised. This article surveys the unique issues and problems that arise in …

Goose Pond, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Overcoming Cultural Blindness In International Clinical Collaboration: The Divide Between Civil And Common Law Cultures And Its Implications For Clinical Education, Philip Genty

Faculty Scholarship

This essay reflects upon the work that U.S. clinical teachers have done in helping to bring clinical methodology to law schools in European civil law jurisdictions. The essay examines some of the differences between the U.S. common law and European civil law systems with respect to the conception, teaching, and practice of law. The essay suggests that U.S. clinical teachers have not been sufficiently sensitive to these differences in legal culture. The essay describes five core differences between the two systems and their implications for effective clinical education in civil law systems. The essay concludes with recommendations for future cross-cultural …

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 …

Het Acid Based Oligoesters – Tga/Ftir Studies, Thangamani Rajkumar, Chinnaswamy Thangavel Vijayakumar, Palanichamy Sivasamy, Charles A. Wilkie

Chemistry Faculty Research and Publications

One of the important reactive halogenated dicarboxylic acids used in the synthesis of flame retardant unsaturated polyester resins is 1,4,5,6,7,7-hexachlorobicyclo [2.2.1] hept-5-ene-2,3-dicarboxylic acid (HET acid). In the present investigation four different oligoesters are synthesized using HET acid as the diacid component and 1,2-ethane diol, 1,2-propane diol, 1,3-propane diol and 1,4-butane diol as the aliphatic diols. Melt condensation technique in vacuum is used for the synthesis of the oligoesters. The number average molecular weights of the oligoesters are determined using end group analysis. The degree of polymerization is estimated to be 3–5. The structural characterization is done using FTIR and NMR …

Giving The Constitution To The Courts, Jamal Greene

Faculty Scholarship

Judicial supremacy is the new judicial review. From the time Alexander Bickel introduced the term "countermajoritarian difficulty" in 1962 until very recently, justifying judicial authority to strike down legislation in a nation committed to democratic self-government was the central problem of constitutional theory. But many who had satisfied themselves as to the legitimacy of judicial review have since taken up the related but distinct question of whether, though legitimate, constitutional interpretation should be the exclusive province of the judiciary. That is, is it ever appropriate to locate constitutional interpretive authority outside of constitutional courts, whether within the coordinate branches of …