Digital Commons Network^™

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.

Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein

Articles by Maurer Faculty

In a significant break with traditional evidence rules and policies, the Federal Rules of Evidence concerning rape and child abuse, Rules 413 and 414, permit the government to admit the accused’s prior sexual misconduct as evidence of character and propensity. Although these rules have been roundly criticized, insufficient attention has been paid to the fact that in allowing propensity evidence for federal sex offenses (as opposed to offenses under state law), these rules disproportionately affect one distinct civilian population: Indians.

The de facto concentration of Rules 413-414 cases in Indian Country raises troubling questions regarding what it means to have …

Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle

Articles by Maurer Faculty

Among other meanings, "judicial activism" can be defined as judicial decisionmaking that frustrates majoritarian self-government and that is unconstrained by law. So understood, judicial activism is presumptively problematic, because it frustrates customary democratic and judicial norms.

In this essay, I address originalist and nonoriginalist responses to the presumptive problem of judicial activism in the context of Fourteenth Amendment privacy claims, including claims relating to abortion, sexual conduct, and same-sex marriage. I argue that originalism is an overrated solution, largely because current understandings of originalism, despite claims to the contrary, do not provide standards of decision that are sufficiently clear to …

Investigating The Effects Of Marriage And Relationship Education On Couples' Communication Skills: A Meta-Analytic Study, Victoria L. Blanchard, Alan J. Hawkins, Scott A. Baldwin, Elizabeth B. Fawcett

Faculty Publications

This meta-analysis probes into previous research substantiating the positive effects of marriage and relationship education (MRE) on couples' communication skills. We reviewed 97 MRE research reports that yielded 143 distinct evaluation studies. We found modest evidence that MRE functions both as a universal prevention and as a selective or indicated prevention. That is, MRE demonstrates program effects at longer term follow-ups for more distressed couples. In addition, we found that observational assessments produced larger effects than self-report assessments, although interpreting the meaning of this difference is difficult.

School-Based Mentoring For At-Risk Elementary Students, Shauna Valentine, Gary Wall, Paul Caldarella, Lynnette Christensen, K. Richard Young, Allen Gurney

Faculty Publications

Advantages of School-based Mentoring: Less Costly; Identify More Children via the School Context; School Resources Staff Administration; More Convenient for Volunteers; Time Commitment; Mentors Feel Safer; Establish Community Support within school.

Mirror, Mirror, Lawrence R. Sneeringer

The Mercury

No abstract provided.

Relationship Found Between Parenting Styles And Sibling Relationships In Families Raising A Child With A Disability, Corinne Jackman, Barbara L. Mandleco

Faculty Publications

The purpose of this study was to examine parental perceptions of parenting styles and sibling relationships according to parent gender, sibling gender, and type of disability. Additionally, the purpose was to determine if there is a linkage between parenting styles and sibling relationships.

Assessment Of Social Anxiety In Early Childhood: Initial Test Construction And *Validation., Daniel B. Chorney

Graduate Theses, Dissertations, and Problem Reports (ETD)

Social anxiety is experienced across the lifespan, with many individuals reporting symptoms of anxiety and shyness from a very early age in childhood. A number of measures have been designed to assess social anxiety in children, adolescents, and adults, yet little attention has been focused on children below 8 years of age. While some debate exists concerning children's ability to reliably report symptoms of anxiety in early childhood, recent research has indicated that accurate data can be obtained if the measures utilized are developmentally sensitive and not simply downward extensions of measures used to examine social anxiety in adults. Obtaining …

Glimpse Into Simulation And Critical Thinking: A Pilot Study Comparing Utah And Ecuador, Katrina Duncan, Patricia K. Ravert

Faculty Publications

Classroom learning is practiced and applied through simulation, which can help develop critical thinking and clinical judgment skills imperative in clinical settings for both students and new nurse graduates. Simulation is well developed in the United States but is in early stages of use and development in South America.