Digital Commons Network^™

Coal-Fired Powerplants Dominate Climate Change Litigation, Michael B. Gerrard

Faculty Scholarship

Litigation aiming to reduce emissions of greenhouse gases (GHGs) is coming to be dominated by battles over coal-fired power plants. Ten of the last 20 judicial or administrative decisions or case filings in matters aiming to reduce GHGs have concerned such plants. A concerted effort by the environmental community to fight the use of coal is behind much of this litigation. According to the Energy Information Administration, the combustion of coal is the largest source of GHG emissions in the United States; motor vehicles are a not-very-close second.

The Sierra Club has a Web site that tracks all the proposed …

On The Contribution Of Perceptual Fluency And Priming To Recognition Memory, M. A. Conroy, Ramona O. Hopkins, L. R. Squire

Faculty Publications

Repetition priming has been shown to be independent of recognition memory. Thus, the severely amnesic patient E.P. has demonstrated intact stem completion priming and perceptual identification priming, despite at-chance performance on recognition memory tasks. It has also been shown that perceptual fluency can influence feelings of familiarity, in the sense that items perceived more quickly tend to be identified as familiar. If studied items are identified more fluently, due to perceptual priming, and fluency leads to familiarity, why do severely amnesic patients perform no better than chance on recognition memory tasks? One possibility is that severely amnesic patients do not …

Tributes To Dean Karen H. Rothenberg, Martin J. O'Malley, Benjamin L. Cardin, Robert M. Bell, Andre M. Davis

Maryland Law Review

No abstract provided.

Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller

Maryland Law Review

No abstract provided.

Conaway V. Deane: To Have And To Hold, From This Day Forward—Maryland’S Unfit Marriage To Federal Equal Protection Analysis, Rachel A. Shapiro

Maryland Law Review

No abstract provided.

Like A Hole In The Head, Lief H. Carter

Maryland Law Review

No abstract provided.

The Dueling First Amendments: Government As Funder, As Speaker, And The Establishment Clause, Carol Nackenoff

Maryland Law Review

No abstract provided.

Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas

Maryland Law Review

No abstract provided.

The Rule Of Law And The Exemption Strategy, Kent Greenawalt

Faculty Scholarship

Do exemptions from ordinary legal requirements for religious individuals and groups contravene the rule of law? If they do only sometimes, rather than always or never, under what circumstances do they do so? This Article explores these intriguing questions, raised powerfully by Marci Hamilton's important and challenging book God vs. the Gavel.

I offer some general observations about the concept of the rule of law, sketch problems posed by religious exemptions, survey various accepted features of our legal order that may seem similarly in tension with the rule of law, and consider in detail the significance of certain kinds of …

Mitochondrial Fragmentation Is Involved In Methamphetamine-Induced Cell Death In Rat Hippocampal Neural Progenitor Cells., Changhai Tian, L. Charles Murrin, Jialin C. Zheng

Journal Articles: Pharmacology & Experimental Neuroscience

Methamphetamine (METH) induces neurodegeneration through damage and apoptosis of dopaminergic nerve terminals and striatal cells, presumably via cross-talk between the endoplasmic reticulum and mitochondria-dependent death cascades. However, the effects of METH on neural progenitor cells (NPC), an important reservoir for replacing neurons and glia during development and injury, remain elusive. Using a rat hippocampal NPC (rhNPC) culture, we characterized the METH-induced mitochondrial fragmentation, apoptosis, and its related signaling mechanism through immunocytochemistry, flow cytometry, and Western blotting. We observed that METH induced rhNPC mitochondrial fragmentation, apoptosis, and inhibited cell proliferation. The mitochondrial fission protein dynamin-related protein 1 (Drp1) and reactive oxygen …

Taming The Employment Sharks: The Case For Regulating Profit-Driven Labor Market Intermediaries In High Mobility Labor Markets, Harris Freeman, George Gonos

Faculty Scholarship

Over the last quarter century, a profound restructuring of U.S. labor markets has occurred. Long-term job tenure, internal labor markets, and employer-sponsored benefits have waned under the pressures of neoliberal globalization. The trend is toward increasingly precarious, shorter-term, serial employment relationships that offer significantly lower wages, reduced job-related benefits, and formidable obstacles to the exercise of employment rights. This fundamental shift has moved so-called “non-standard” employment arrangements, once viewed as marginal, into the core economy. As a result, a remarkable array of profit-driven labor market intermediaries (LMIs) are now embedded in mainstream labor markets. Temporary help and staffing agencies, payrolling …

Integration, Reconstructed, Olatunde C.A. Johnson

Faculty Scholarship

This article examines Parents Involved for the light it sheds on integration's continuing relevance to educational and social equity. Part I examines the story of school integration in Jefferson County and shows how this largely successful metropolitan integration plan challenges claims of racial integration's futility. Part II puts forward the empirical evidence that plaintiffs in Parents Involved used in seeking to establish that school boards have a compelling interest in promoting racial integration and avoiding the harm of racially isolated schools. This part argues that the empirical case for racial integration, while not without limitations, moves beyond stigmatization, psychological harm, …

Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, Pauline Kim, Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Catherine Fisk, Roberto L. Corrada

Scholarship@WashULaw

The purpose of this commentary on Chapter 4 of the Proposed ALI Restatement of Employment Law, concerning the tort of wrongful discipline in violation of public policy, is to closely evaluate the current draft in light of the appropriate purposes for a Restatement. Although some value exists in merely stating the consensus respecting these rules, the mission of the ALI extends beyond that, to better adapt the law to social needs and secure the better administration of justice. Our principal problem with the current Restatement draft is that it does not adequately recognize the dynamic nature of this area of …

Avoiding Mere Incantations: Evaluating Success On Nonfee Claims When Determining Prevailing-Party Status Under 42 U.S.C. § 1988, Jessica L. Brumley

Duke Law Journal

The American rule dictates that regardless of the outcome, parties pay for their own attorneys' fees unless Congress has specifically enacted a fee-shifting statute authorizing courts to award fees to prevailing parties. One of the most recognized fee-shifting statutes is 42 U.S.C. § 1988. Courts and scholars have extensively discussed whether a plaintiff is a prevailing party under § 1988. Yet both have largely ignored one scenario in which a plaintiff files a suit containing both constitutional claims for which fees are authorized under § 1988 (fee claims) and state law claims for which fees are not authorized (nonfee claims). …

Apgar Scores And Oxygenation Levels: A Comparison Of Vaginal And Cesarean Section Modes Of Delivery, Allison Holt, Patricia K. Ravert

Faculty Publications

The purpose of this study was to compare Apgar scores and oxygenation levels (two measures of birth outcomes) of well infants born by Cesarean section (c-section) to those delivered vaginally.

Examining The Relationship Of Accurate Esi© Triage Scores To Emergency Department Nursing Attitudes And Experience, Andrew Martin Bsn, Rn, Phrn, Cen, Anne Panik Ms, Rn, Nea-Bc, Courtney Vose Rn Msn Cen, Charlotte Buckenmyer Rn, Ms, Paul Delpais Rn Bsn Cen, Keith D. Micucci Rn Bsn Phrn Cen, Bryan G. Kane Md, Kimberly Badillo Rn, Michele Oritz Rn Bsn Cen, Cheryl Celia Rn Crnp, Michael Guelzow Bsn Cen, Eileen Bechtel Rn, Maria Cruz Rn, Nikki Hatmaker-Garris Rn, Bsn, Traci Dickson-Watner Rn. Bsn, Elizabeth Karoly Rrt Mba, Mae Ann Pasquale Phd, Msn, Rn, Carolyn L. Davidson Rn Ccrn Cprn Phd©

Patient Care Services / Nursing

No abstract provided.

Clients' Experience Of Effective Psychoanalytic-Psychodynamic Psychotherapy For Major Depression: An Empirical Phenomenological Study, Thomas Smith

Electronic Theses and Dissertations

Although there is sufficient evidence that psychodynamic therapy for depression is effective, there is no research documenting the qualities of experience in effective psychodynamic therapy for depression. To address this lack, this study aimed to investigate clients' experiences of both the helpful processes and the therapeutic effects of psychodynamic therapy for depression.

Letters, emails, and flyers were distributed and advertisements placed through psychological associations at the local and state level, and letters were mailed to therapists in the greater Pittsburgh metropolitan area. Solicitation procedures yielded four participants of whom three were female and one was male. Participants completed a research …

"Death Is Different" And A Refugee's Right To Counsel, John Mills, Kristen M. Echemendia, Stephen Yale-Loehr

Faculty Scholarship

No abstract provided.

The Mess Of Manifest Disregard, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Pot As Pretext: Marijuana, Race And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than ten years later. This rise has been a notable component of the City’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “Stop, Question, and Frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …

Geier V. American Honda Motor Co.: A Story Of Statutes, Regulation And The Common Law, Peter L. Strauss

Faculty Scholarship

This essay was written as a contribution to one of Foundation's "Story" series. In Geier, a lawsuit had been brought on behalf of a teenager whose injuries from an accident might have been lessened if her car had contained an airbag. Plaintiffs sued on the straightforward basis that the design choice to omit a safety device of proven merit made the car unreasonably hazardous. Federal safety regulations had required the maker of her car to install some such device as an airbag in at least 10% of the cars it made the year it made her car – but her …

Debt, Bankruptcy, And The Life Course, Allison Mann, Ronald J. Mann, Sophie Staples

Faculty Scholarship

This Essay considers the significance of credit markets and bankruptcy for life course mobility. Comparing parallel data from the 2007 Survey of Consumer Finances (SCF) and the 2007 Consumer Bankruptcy Project (CBP), it analyzes use of the bankruptcy process as a function of the distribution of unplanned events, the ability of households to use credit markets to limit the adverse effects of such events, and barriers in access to the bankruptcy system. Our findings suggest two things. One, although the financial characteristics of filers vary markedly by age and race, bankrupt households generally come from the bottom quartiles of the …

Street Stops And Broken Windows Revisited: The Demography And Logic Of Proactive Policing In A Safe And Changing City, Jeffrey Fagan, Amanda Geller, Garth Davies, Valerie West

Faculty Scholarship

The contributions of order-maintenance policing and broken windows theory to New York City’s remarkable crime decline have been the subject of contentious debate. The dominant policing tactic in New York since the 1990s has been aggressive interdiction of citizens through street encounters in the search for weapons or drugs. Research showed that minority citizens in the 1990s were disproportionately stopped, frisked and searched at rates significantly higher than would be predicted by their race-specific crime rates, and that this excess enforcement was explained by the social structure of predominantly minority neighborhoods than by either their disorder or their crime rates. …

Neoliberal Penality: A Brief Genealogy, Bernard E. Harcourt

Faculty Scholarship

The turn of the twenty first century witnessed important shifts in punishment practices. The most shocking is mass incarceration – the exponential rise in prisoners in state and federal penitentiaries and in county jails beginning in 1973. It is tempting to view these developments as evidence of something new that emerged in the 1970s – of a new culture of control, a new penology, or a new turn to biopower. But it would be a mistake to place too much emphasis on the 1970s since most of the recent trends have antecedents and parallels in the early twentieth century. It …

Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph

Faculty Scholarship

In this Criminal Law Conversation (Robinson, Ferzan & Garvey, eds., Oxford 2009), the authors debate whether there is a role for randomization in the penal sphere - in the criminal law, in policing, and in punishment theory. In his Tanner lectures back in 1987, Jon Elster had argued that there was no role for chance in the criminal law: “I do not think there are any arguments for incorporating lotteries in present-day criminal law,” Elster declared. Bernard Harcourt takes a very different position and embraces chance in the penal sphere, arguing that randomization is often the only way to avoid …

Executions, Deterrence And Homicide: A Tale Of Two Cities, Franklin Zimring, Jeffrey Fagan, David T. Johnson

Faculty Scholarship

We compare homicide rates in two quite similar cities with vastly different execution risks. Singapore had an execution rate close to 1 per million per year until an explosive twentyfold increase in 1994-95 and 1996-97 to a level that we show was probably the highest in the world. Then over the next 11 years, Singapore executions dropped by about 95%. Hong Kong, by contrast,has no executions all during the last generation and abolished capital punishment in 1993. Homicide levels and trends are remarkably similar in these two cities over the 35 years after 1973, with neither the surge in Singapore …

Understanding A Woman's Moral Obligation To Her Fetus: Maternal-Fetal Conflict As A Covenant Relationship, Marianne Burda

Electronic Theses and Dissertations

Maternal-fetal conflict refers to a perceived incompatibility between the interests of a pregnant woman and her fetus. Maternal-fetal conflict occurs when a pregnant woman declines a medical treatment or procedure that her physician believes is necessary to benefit her fetus. In some situations, the pregnant woman's health is also at risk. The question explored in this dissertation is: what is the pregnant woman's moral obligation to her fetus when a cesarean section is recommended to save the life of or to prevent serious harm to her term viable fetus? The pregnant woman's life is not endangered.

Inconsistencies exist between normative …

The Application Of Bok’S Undergraduate Educational Framework In The Analysis And Acquisition Of Core Competencies Among Camp Adventure Youth Services Seasonal Staff, Bin Ruan

Dissertations and Theses @ UNI

The purpose of this study was to investigate the growth trajectory of college and/or university students in core competencies from entry to exit in the Camp Adventure™ Youth Services (CAYS) experience using the lens offered by Bok's framework. Specifically, students' growth patterns in core competencies were charted at three phases, namely, (1) baseline of their core competencies at entry level; (2) after receiving knowledge and practical training on the theory and implementation of CAYS' course but before its field experience; and (3) immediately after the CAYS' field experience. The core competencies included in the study were, according to Bok's framework, …

The Relationship Between Academic Achievement And Physical Fitness In Adolescents, George William Centeio

Dissertations and Theses @ UNI

In today's schools, there is a major emphasis placed on academic proficiency particularly in the areas of reading, math, and science. Society is also seeing increases in the number of people who are obese and inactive. Some believe that increasing physical activity and/or improving physical fitness will result in better academic achievement of students in school. This study examined the relationship between academic achievement and physical fitness in adolescents. The participants included 200 ( 118 male, 82 female), high school students, at a rural high school located in the Midwestern region of the United States. Student's third trimester, end of …

The Effects Of Different Types Of Background Music On Preschoolers’ Aggressive Classroom Behavior, Marissa Anne Arnett

Dissertations and Theses @ UNI

Previous research has suggested that background music influences children's classroom behaviors. However, the results of research to date are conflicting on the effects of hard rock background music on children's behavior. Thus, the purpose of the present study was to examine the differential effects of hard rock and easy listening music on preschoolers' aggressive behaviors during center time (e.g., during free play at the water table, art, blocks, and reading centers). Four classrooms with a combined total of 74 students (31 boys and 43 girls) participated in the study. During the 55-day study, we recorded the frequency of children's aggressive …