Digital Commons Network^™

The Rest Is Silence: Chevron Deference, Agency Jurisdiction, And Statutory Silences, Jonathan H. Adler, Nathan Alexander Sales

Faculty Publications

Should agencies receive Chevron deference when interpreting the reach of their own jurisdiction? This Article argues that, in general, they should not. The authors begin by identifying and detailing the various different types of “jurisdictional questions” that may arise in statutory interpretation. The Article then surveys how courts have analyzed these different aspects of the jurisdiction problem, with a particular attention directed to statutory silences. The Court’s Chevron jurisprudence strongly suggests that deference to agency determinations of their own jurisdiction should be disfavored, particularly where a statute is silent (and not merely ambiguous) about the existence of agency jurisdiction. In …

Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler

Faculty Publications

The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 2009 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …

First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer

Faculty Publications

No abstract provided.

Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer

Faculty Publications

State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …

Family Law For The Underclass: Underscoring Law's Ideological Function, David Ray Papke

Faculty Publications

This article underscores the manner in which family law for the contemporary underclass assumes a distinctly ideological function. Marriage promotion programs not only urge members of the underclass to marry but also deplore their declining commitment to marriage as an institution. "Deadbeat dad" legislation suggests the failure of underclass fathers to pay child support regularly and on time is a major cause of poverty in American life. Adoption law facilitates the placement of underclass children in middle and upper-class families, insisting in the process that this must surely be best for the children. Overall, family law for the underclass suggests …

Comparison Of Debriefing Methods Following Simulation, Shelly J. Reed, Patricia K. Ravert

Faculty Publications

The purpose of this study was to examine and compare the student nurse experience between three debriefing methods: oral discussion, journaling, and blogging.

Effects Of Oral Magnesium Supplementation On Insulin Resistance And Type 2 Diabetes Mellitus, Renea L. Beckstrand, Loandra Berg

Faculty Publications

The purpose of this study was to examine the relationship of magnesium levels related to insulin resistance and type 2 diabetes mellitus. Diabetes is a metabolic disease in which the body does not produce or correctly use insulin to maintain proper levels of glucose in the blood resulting in serious health consequences. Diabetes is a major factor in coronary heart disease, stroke as well as blindness, kidney failure, and non-traumatic amputations due to disruption of the microvascular system (Schulze & Hu, 2005). The Center for Disease Control reported in 2007: 23.6 million people in the United States (7.8% of the …

Life Experiences Of Women With Cerebral Palsy Who Have Experienced Mistreatment, Catherine Coverston, Donna S. Freeborn, Barbara L. Mandleco, Mary Ann Curry, Kathleen A. Knafl

Faculty Publications

The purpose of this study was to describe the life experiences of women with cerebral palsy who have experienced mistreatment and also describe how these women understand the meaning of their disability and mistreatment experiences relative to gender, culture, social class, and power.

The Incidence Of Postpartum Depression Among Hispanic Women, Renea L. Beckstrand, Ana C. Birkhead, Lynn Clark Callister, Nissa Lucero, Glauco Souza

Faculty Publications

There is a lack of sufficient knowledge concerning the prevalence of postpartum depression (PPD) among Hispanic women. The purpose of this quantitative descriptive study was to evaluate the incidence of PPD among Hispanic women.

Judicial Review, Local Values, And Pluralism, Richard W. Garnett

Journal Articles

At the Federalist Society's 2008 National Student Symposium, a panel of scholars was asked to consider the question, does pervasive judicial review threaten to destroy local identity by homogenizing community norms? The answer to this question is yes, pervasive judicial review certainly does threaten local identity, because such review can homogenize[e] community norms, either by dragging them into conformity with national, constitutional standards or (more controversially) by subordinating them to the reviewers' own commitments. It is important to recall, however, that while it is true that an important feature of our federalism is local variation in laws and values, it …

Does Free Exercise Of Religion Deserve Constitutional Mention?, John M. Finnis

Journal Articles

The article discusses the inclusion of the free exercise of religion among a society's constitutional guarantees in the U.S. It cites Christopher Eisgruber and Lawrence Sager, authors of the book "Religious Freedom and the Constitution," who hold that religion does not deserve constitutional mention on account of any special value. It disputes this view and states that religion does deserve constitutional mention and that the constitution should protect a citizen's right to practice his or her religion.

Echo, Winter/Spring 2009, Columbia College Chicago

Echo

Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover Articles: Left side story: the everyday struggles of a southpaw; Does your budget make cents?; the Daley Show: why Chicago loves political comedy; WoW! we take on BlizzCon; Six quick fixes (from cars to colds); Check out our Facebook page. 66 pages.

Trademark Use And The Problem Of Source, Mark P. Mckenna

Journal Articles

This Article mediates a scholarly debate regarding the existence and desirability of a "trademark use" doctrine. It argues that trademark use is a predicate of liability under the Lanham Act, but those who advocate treating trademark use as a threshold question put much more weight on that concept than it can bear. Courts cannot consistently apply trademark use as a distinct element of the plaintiff's prima facie case because trademark use can be determined only from the perspective of consumers. Specifically, courts can determine whether a defendant has made trademark use of a plaintiff's mark only by asking whether consumers …

Technology And Its Impact On Face-To-Face Communication: Does It Bring Us Together Or Tear Us Apart?, Marilyn Holmes

Masters Theses

This study assessed the use of technology and its impact on face-to-face communication among college students and adults. The researcher utilized a selfdesigned questionnaire to ascertain usage patterns and teclmological devices used by participants in their daily communication with family, friends, and co-workers. A total of 673 respondents participated in the study, consisting of 334 college students (undergraduate and graduate students), and 339 adults (administration, faculty, administrative & professional, and civil service employees) from Eastern Illinois University.

Significant differences were found regarding levels of technology usage and faceto- face communication among college students and adults. Both students and adults used …

Videogame Use Among Male Residents In University Housing At Eastern Illinois University, Mark Bodnar Nicklaus

Masters Theses

The present quantitative study of 331 male students living in university residence halls or in university fraternity housing explored whether playing video games promoted social networking and social opportunities for males living in college residence halls. Previous research on video gaming focused on the social networks created among players; however, little research focused directly on male students living in residence halls. Most participants (73%) played video games between 6 p.m. and midnight. Using the Spearman Rho for rank ordered data, a positive relationship was found between the number of hours spent playing video games and the time spent in conversation …

Retaining At-Risk Undergraduates Through Mandatory Interaction, Brian Jacob Gorman

Masters Theses

Eastern Illinois University has developed an academic assistance resource center for low achieving students k:no-wn as the Student Success Center (SSC). A major service of the SSC is EIU 2919, Strategies for Academic Success, a mandatory course for students who have fallen below a 2.00 cumulative GP A that focuses on removing barriers to success. In the first year of the Center's operation, the percentage of students on academic probation who regained good standing increased from 34% following the 2006- 2007 academic year to 70% following the 2007-2008 academic year. The purpose of the present study was to define what …

Levels Of Homophobia Among Students Attending A Comprehensive Midwestern University, Amy J. Baumgart

Masters Theses

This study looks at past research completed on the topic of homosexuality in the United States, including the history of acceptance of homosexual individuals and perceptions of homosexuality in the perspectives ofreligion, gender, and the law. In addition, the research looks at how the college experience tends to liberalize students. Putting these two ideas together, the study uses the Homosexual Attitude Scale and other demographic information gathering questions to determine the factors that contribute most prominently to homophobia in college students. The sample of students being studied are all undergraduates attending a public, Midwestern, comprehensive university. As a general overview, …

Examining At-Risk Students' Perceptions Of The Role And Function Of School Counselors, Colleen Marie Johnson

Masters Theses

The purpose of the present study was to examine the perceptions of the school counselor's role from the perspectives of at-risk middle school students. The principal researcher conducted one-on-one interviews with the sample population in order to better understand the way in which they regarded and perceived the school counselor's role and function. Analysis of the student responses allowed for the identification of emergent themes and commonalities. Several conclusions were drawn from this study's findings. The findings indicated that students denote individual counseling as the primary duty of the school counselor. Further, students believe school counseling is important within their …

A Revision Of The Freshwater Crabs Of Mt. Kenya And The Aberdare Mountains , Neil Cumberlidge

Journal Articles

No abstract provided.

Service-Learning In Community-Based Organizations: A Practical Guide To Starting And Sustaining High-Quality Programs, Eugene C. Roehlkepartain

Service Learning, General

Whether you’re new to service-learning or have been doing it for years, this guide gives you and your organization the tips, tools, and techniques you need to start making a positive difference in many people’s lives by providing high-quality opportunities for youth to serve and learn.

Course Schedule Spring 2009, William & Mary Law School

Course Information

No abstract provided.

Some Advice About Ignoring Advice About Collaborations, Michael L. Perlin

Other Publications

No abstract provided.

The Granite, 2009, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish

American Indian Law Review

No abstract provided.

The Bank Began Treating Them Badly: Plains Commerce Bank, The Supreme Court, And The Future Of Tribal Sovereignty, Cullen D. Sweeney

American Indian Law Review

No abstract provided.

Felix Cohen, Anti-Semitism And American Indian Law (Review Of Dalia Tsuk Mitchell, Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism), Kevin K. Washburn

American Indian Law Review

No abstract provided.

Biopiracy: The Struggle For Traditional Knowledge Rights, John Reid

American Indian Law Review

No abstract provided.

Nagpra Revisited: A Twenty-Year Review Of Repatriation Efforts, Julia A. Cryne

American Indian Law Review

No abstract provided.

Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget

American Indian Law Review

No abstract provided.

How The Anti-Gaming Backlash Is Redefining Tribal Government Functions, Audrey Bryant Braccio

American Indian Law Review

No abstract provided.