Digital Commons Network^™

Reclaiming International Law From Extraterritoriality, Austen L. Parrish

Articles by Maurer Faculty

A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …

Suffolk University Academic Catalog And Handbooks (Graduate), College Of Arts And Sciences And Sawyer School Of Management, 2008-2009, Suffok University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

No abstract provided.

Neurophysiological Reflex Mechanisms’ Lack Of Contribution To The Success Of Pnf Stretches, J. Brent Feland, Sterling C. Hilton, J. Ty Hopkins, Iain Hunter, Ulrike H. Mitchell, J. William Myrer

Faculty Publications

Background and Purpose: Proprioceptive neuromuscular facilitation (PNF) stretches are widely used in athletics and rehabilitation. Although it has been shown that they produce better range-of-motion (ROM) increases than the slow or static stretch, the mechanisms responsible remain an enigma. This study was conducted to determine whether the previously proposed neurophysiological mechanisms of reciprocal inhibition and autogenic inhibition are responsible for the success of PNF stretches. In addition, the authors assessed the existence of the phenomenon of successive induction because it is used to strengthen reciprocal inhibition. Methods: Eighteen subjects 17–44 y performed the PNF stretches contract–relax (CR) and contract–relax, agonist …

The Short-Term Effect Of Whole Body Vibration Training On Sprint Start Performance In Collegiate Athletes, J. Brent Feland, J. Ty Hopkins, Iain Hunter, Brad Roberts

Faculty Publications

Whole body vibration (WBV) is characterized by a vibratory stimulus emitted throughout the body through the use of a vibrating platform on which the subject stands. Studies have shown over 30% increases in maximal explosive strength such as maximal speed biceps curl as well as increases in maximum dynamic force such as maximal sitting bench pull as the result of vibration. The purpose of this study was to investigate the effects of short term whole-body vibration on sprint starts among collegiate track athletes. On the first day eleven subjects were randomly assigned to either a non-vibration or vibration group for …

The Teaching/Learning Process Through Mosston's "Spectrum Of Teaching Styles: The Reciprocal Style", David C. Barney, Robert S. Christenson

Faculty Publications

Mosston (1994) created the Spectrum of Teaching Styles to identify the various alternatives that exist to design as well as present instructional episodes. As there are most likely as many ways to define the styles of teaching as there are learners, Mosston's original seven teaching styles have evolved into eleven. As identified by Mosston, each of the styles is differentiated by the decisions that are made by teacher or learner. The sequence of decisions that are made by either the teacher of learner during each of the three specified phases of instruction, before (pre-impact), during (impact) or after (post-impact) helps …

Publicity, Pressure, And Environmental Legislation: The Untold Story Of Availability Campaigns, Molly J. Walker Wilson

All Faculty Scholarship

The availability heuristic — a cognitive rule of thumb whereby events that are easily brought to mind are judged to be more likely — is employed by decision-makers on a daily basis. Availability campaigns occur when individuals and groups strategically exploit this cognitive tendency in order to generate publicity for a particular issue, creating pressure to effect legislative change. This paper is the first to argue that environmental availability campaigns are more beneficial than they are harmful. Because they result in pressure on Congress, these campaigns serve as a catalyst for the enactment of critical new legislative initiatives. Specifically, these …

Cheney, Vice Presidential Power And The War On Terror, Joel K. Goldstein

All Faculty Scholarship

It is generally conceded that Vice President Cheney has been our most influential vice president. During his two terms, the office assumed a significance which his predecessors, even those who themselves were quite significant, would not have thought possible. Whereas historically the vice presidency had been dismissed as too feeble, the Cheney vice presidency was attacked as too robust.

The unprecedented power of Cheney as vice president had many sources. One of them was the war on terror. It, of course, assumed an unexpected prominence after 9/11, and the war on terror contributed to Cheney’s ascendance and provided the political …

Community Building For Children’S Health: Lessons From Community Partnerships For Healthy Children, Dorothy Meehan, Kathleen Hebbeler, Stacie Cherner, Dana Petersen

The Foundation Review

· This article describes Community Partnerships for Healthy Children (CPHC), a 10-year, $17 million initiative of the Sierra Health Foundation targeted at improving children’s health in northern California by mobilizing communities to use their assets. Implementation grants were modest ($50,000 annually), but technical assistance and communications support were also provided.

· The initiative rolled out in four phases. Overall, a total of 31 communities participated in the initiative. Twenty-six communities remained through phase three, with 18 engaging in the final fourth phase.

· Evidence indicates that CPHC improved the health of some children in some communities with regard to some …

Community-Based Collaboration: A Philanthropic Model For Positive Social Change, Lynda Frost, Susan Stone

The Foundation Review

· A highly publicized incident served as a catalyst for the Austin, Texas, community, convened by the Hogg Foundation for Mental Health, to address gaps in the behavioral health system.

· The foundation worked with the local behavioral health authority, the mayor’s office, police and sheriff’s departments, and the city health department to design the Austin Mayor’s Mental Health Task Force. The task force was succeeded by a monitoring committee that identified six focus areas in which to develop action plans and monitor community progress.

· This collaborative process aimed to strengthen public commitment to behavioral health services and create …

Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry

All Faculty Scholarship

As more work enters cyberspace, takes place in virtual worlds, and collapses traditional nation-state barriers, we are entering a new era of “virtual work.” In this article, I use “virtual work” as an umbrella term to encompass work in virtual worlds, crowdsourcing, clickworking, even sweeping in, to some degree, the commonplace telecommuting and “mobile executives” that have become ubiquitous over the past decade.Are such new forms of “work” entitled to the minimum payment standards mandated under the FLSA? As the United States enters another economic crisis, and with advances in technology key to continued economic growth and stability, these questions …

Supporting Asian-American Civic Engagement: Theory And Practice, Wing Yi Chan

The Foundation Review

· This paper is a review of relevant research related to the civic engagement of Asian-American youth.

· Little work has been done to understand the civic engagement activities of Asian-American youth. However, unique promoters and barriers to Asian- American youth civic engagement exist, given this group’s distinct historical, cultural, and sociopolitical experiences.

· Asian-American youth may have two different ethnic and racial identities, and these identities may be related to different kinds of civic engagement. Asian-American students who have a stronger pan-Asian identity are more aware that their fate is linked with other Asian-Americans and therefore are more likely …

The Art Of Community Double Dutch: Knowing When To Jump In, Lesley Grady

The Foundation Review

· This article uses the childhood experience of learning how to play Double Dutch jump rope as an allegory to navigating complicated community leadership through civic engagement.

· There is both an art and a science to deciding when and why to work with a broad base of stakeholders to attempt comprehensive community change.

· The key lessons are the following: (1) follow the noise and find the excitement, (2) ask questions and get into conversations, (3) set the rules of the game, 4) keep score, 5) get the right equipment and players, 6) know when to jump in and …

Turning The Ship: Moving From Clinical Treatment To Environmental Prevention: A Health Disparities Policy Advocacy Initiative, Mary Kreger, Claire D. Brindis, Abigail Arons, Katherine Sargent, Annalisa Robles, Astrid Hendricks, Mona Jhawar, Marion Standish

The Foundation Review

· This article examines success factors for a statewide initiative to reduce health disparities by establishing environmental policies to reduce asthma risk factors for school-aged children.

· Twelve local coalitions and a statewide network focused on schools, housing, and outdoor air policies.

· Multiple types and levels of policy advocacy were encouraged by the Initiative so that issues at the local level linked to larger issues across the state, and conversely state-level policies supported local endeavors.

· Factors that contributed to the success of the initiative included: structuring the initiative on a systems change model; employing multiple technical assistance providers …

Competition Policy And Organizational Fragmentation In Health Care, Thomas L. Greaney

All Faculty Scholarship

A central challenge for all health care reform proposals currently being discussed is finding the means to effectively channel market forces given many deeply embedded features of our system and the peculiar economics of health care delivery and financing. This essay traces the path of competition law in health care and explains its chicken-and-egg relationship with provider organizational arrangements. It explores a central puzzle for future health care policy: why have market forces failed to counteract organizational fragmentation? Answering this question requires an understanding of why competition policy is inexorably linked to the organizational structures of health care providers and …

The Potential Of Partnerships For Health Advocacy And Policy Change: The Legacy Of The Partnership For The Public’S Health Initiative, Clarissa Hsu, Dave Pearson, Ron Maynard, Carol Cahill, Allen Cheadle

The Foundation Review

· This article reports on a study of 11 partnerships between public health departments and community organizations that were funded by The California Endowment to support advocacy and organizing to improve health outcomes in the communities.

· The evaluation examined the sustainability of the partnerships as well as the policy and advocacy work of the organizations.

· Almost 90 percent of the activities in policy change and community capacity building was sustained, whereas partnership and health department capacity building activities were the least likely to be sustained.

· The policy change legacies at the community level were strong and included …

National Affordable Housing Trust Fund Legislation: The Subprime Mortgage Crisis Also Hits Renters, Peter W. Salsich

All Faculty Scholarship

This article discusses the National Housing Trust Fund, created as part of the Housing and Economic Recovery Act of 2008 (HERA). The Housing Trust Fun represents a new federal housing development policy. The Fund is designed to serve the approximately 18.5 million households who make less than $30,000 per year, roughly half the national median income in 2005. After a review of the housing affordability concerns of extremely low-income households (annual income 30% or less than area median income) and the impact the subprime mortgage foreclosure has had on such households, the article summarizes HERA's regulatory reform and foreclosure relief …

Frederic Jordan Woods, Jr.: His Death At 47 Was A Surprise (1936-1983), Morison Buck

Morison Buck Biographies of Hillsborough County Judges

A biography of Judge Frederic "Fred" Woods, Jr., who served on the Hillsborough County Court in the Traffic Division, and Florida's Thirteenth Circuit.

Vincent Eugene Giglio (1934-2008), Morison Buck

Morison Buck Biographies of Hillsborough County Judges

A biography of Judge Vincent Giglio who served in the Juvenile Division of Florida's Thirteenth Circuit.

After The Revolution: Global Health Politics In A Time Of Economic Crisis And Threatening Future Trends, David P. Fidler

Articles by Maurer Faculty

In 2008, global health’s political revolution, which unfolded over the preceding 10-15 years, ended when four global crises damaged global health and altered the political, diplomatic, and governance contexts in which global health activities operate. The climate change, energy, food, and economic crises revealed limitations in global health’s ability to shape large-scale political, economic, and environmental problems that adversely affect health or harm underlying determinants of health. In addition, projected trends in world affairs potentially threaten health and the ability of countries to craft effective collective action responses to global problems damaging health directly and indirectly. In the post-revolution period, …

"Trap"Ing Roe In Indiana And A Common-Ground Alternative, Dawn E. Johnsen

Articles by Maurer Faculty

Public discourse over abortion overwhelmingly focuses on whether the Supreme Court will overrule Roe v. Wade and states will again ban abortion. But at least since 1992, when the Court in Planned Parenthood v. Casey reaffirmed Roe's "central holding," certain moderate- sounding abortion restrictions - sometimes framed as reasonable compromise regulations - have posed a greater threat to women's reproductive health and liberty. This Essay examines one increasingly popular form of restriction: laws that regulate providers of abortion services in the name of advancing women's health, without actual health justification. Little-noted efforts to enact such restrictions in Indiana, during the …

Rethinking The Federal Role In State Criminal Justice, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

This Essay argues that federal habeas review of state criminal cases squanders resources the federal government should be using to help states reform their systems of defense representation. A 2007 empirical study reveals that federal habeas review is inaccessible to most state prisoners convicted of non-capital crimes, and offers no realistic hope of relief for those who reach federal court. As a means of correcting or deterring constitutional error in non-capital cases, habeas is failing and cannot be fixed. Drawing upon these findings as well as the Supreme Court's most recent decision applying the Suspension Clause, the authors propose that …

Protecting Private Property With Constitutional Judicial Review: A Social Welfare Approach, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

This article uses a social welfare approach to determine if and when the institution of constitutional judicial review of property regulation and expropriation is efficient. A model is proposed in which property rights protection is a component of social costs. Constitutional judicial review is assumed to either add to or subtract on net from those costs, affecting social welfare generally. It will be shown that under realistic conditions, reflected in real instances, that constitutional judicial review might not enhance economic efficiency or overall social welfare. We show that the efficiency of constitutional judicial review is likely to vary within the …

Religion And Academic Achievement Among Adolescents, Benjamin Mckune, John P. Hoffmann

Faculty Publications

In this article, we examine the association between religiosity and academic achievement among adolescents. Recent research demonstrates a positive association between religiosity and academic success. However, some studies show that this association is due to family and community factors; for example, variation in levels of family capital among religious affiliates could explain it. Yet whether religious factors affect academic achievement among adolescents might also be due to the concordance or discordance of religiosity between parents and their children. Using data for two years from the National Longitudinal Study of Adolescent Health, we examine the associationbetween adolescents‘ religiosity, parents‘ religiosity, and …

Finding A Balance: Creating An International Exhaustion Requirement For The Alien Tort Statute, Lauren E. Holtzclaw

Georgia Law Review

Foreign victims of human rights violations have several available forums for redress. Some victims file suit under the Alien Tort Statute (ATS), which grants federal courts the jurisdiction to provide redress to victims of egregious human rights violations. The ATS does not have an express exhaustion requirement, and the U.S. Supreme Court has not directly addressed this issue. The Court recently indicated, however, that it might consider a local or international exhaustion requirement. Many scholars advocate a local exhaustion requirement,but this fails to provide the best chance of redress to victims of human rights abuses. Additionally, a local exhaustion requirement …

"Rabbit" Hunting In The Supreme Court: The Constitutionality Of State Prohibitions Of Sex Toy Sales Following Lawrence V. Texas, William C. Hayes

Georgia Law Review

Sexual norms in the United States are in flux. The rapid growth of the adult industry and the popularity of television shows that deal with sexuality evidence an ever-growing trend towards more liberal sexual norms. While many Americans accept-or even welcome-this shift in our sexual culture, others feel significant anxieties about the moral well-being of the community as a result of this shift away from traditional,conservative sexual values. As the culture war wages on, some states have chosen to respond to these anxieties through legislation. The U.S. Supreme Court's 2003 decision in Lawrence v. Texas, however, appears to have called …

Alive But Not Well: Manifest Disregard After Hall Street, Kevin P. Murphy

Georgia Law Review

Arbitration is supposed to make dispute resolution faster and more cost-effective for litigants. To this end, Congress severely limited the ways in which a court can review an arbitrator's decision. But for the last fifty years courts have allowed parties an additional non statutory avenue for challenging arbitration awards. Where an arbitrator makes a decision in manifest disregard of the law, a court may vacate the award. To prove manifest disregard,parties must prove the arbitrator was aware of the law that should govern the dispute, but deliberately chose to ignore it. This often-argued, but seldom successful, claim increases the costs …

The Effect (Or Noneffect) Of The 2005 Amendments To O.C.G.A. Sections 51-12-31 And 51-12-33 On Joint Liability In Georgia, Emily R. Boness

Georgia Law Review

Since 1987, joint liability has been unavailable to plaintiffs in Georgia who are to some degree at fault for their injury, but plaintiffs who are not at fault can pursue joint liability as an option for recovering damage awards. When Senate Bill 3 became law in February2005, sources reported widely that joint and several liability had been abolished for all tort cases in Georgia. The text of the 2005 amendments, however, does not explicitly state that joint liability has been abolished. Instead, as this Note demonstrates, the amended statutes are subject to at least two possible interpretations,and furthermore, no Georgia …

End -Of -Life Care Training In Medical School: An Examination Of Medical Students' Knowledge, Attitudes, Preparedness To Provide Care, And The Hidden Curriculum., Emily H. Bower

Graduate Theses, Dissertations, and Problem Reports (ETD)

End-of-life (EOL) care discussions between physicians and patients promote positive patient health outcomes (Stewart, 1995). However, medical students receive limited training in EOL care (Sullivan, Lakoma, & Block, 2003). To be able to improve curricula, it is important to understand the current training experience and its effects on student attitudes and behavior. The purpose of the current study was twofold: (1) to examine predictors of self-rated preparation to provide EOL care, and (2) to examine predictors of attitudes about EOL care in a medical student population. Additionally, the moderating effect of “hidden” or informal curriculum on the relation between learning …

A Conference On The American Law Institute's Proposed Restatement Of Employment Law, Kenneth Glenn Dau-Schmidt

Articles by Maurer Faculty

In this volume, the Employee Rights and Employment Policy Journal presents the written reports of three working committees organized by the Labor Law Group on the American Law Institute’s Proposed Restatement (Third) of Employment Law, along with various written comments on and responses to these reports. These reports and comments were originally presented on February 7, 2009, at a conference on the American Law Institute’s Proposed Restatement (Third) of Employment Law held at the University of California – Hastings School of Law and co-hosted by the School of Law and the Labor Law Group. As the Chair of the Labor …

Solving The Employee Reference Problem: Lessons From The German Experience, Kenneth Glenn Dau-Schmidt, Matthew Finkin

Articles by Maurer Faculty

In this article we examine the problem of declining employer references in the American economy. We argue that the problem is not that employers inordinately fear potential slander and libel liability for giving references, but that they have no assurance of benefits from reciprocal references in exchange for taking any risk or suffering any cost in giving references. We provide a comparative legal analysis and argue that the United States might benefit from adopting an employer letter of recommendation system similar to that currently used in Germany.