Digital Commons Network^™

Somebody's Children, Laura Briggs

Utah Law Review

This article has been interested in how and why liberals, and even feminists like Elizabeth Bartholet, joined the campaign against "illegitimacy" waged by neoconservatives in the 1990s as part of the effort to get rid of federal entitlements that supported single mothers. As we have seen, the 1996 Interethnic Placement Act was redefined to separate it from the previous controversy over Gingrich's remarks about orphanages, and even, ultimately, from the measure to end AFDC. It was called, instead, as legal scholar Joan Heifetz Hollinger defines it, a "law aimed at removing the barriers to permanency for the hundreds of thousands …

To Die Or Not To Die: The History And Future Of Assisted Suicide Laws In The U.S., Shelly A. Cassity

Utah Law Review

Throughout United States history, society has viewed assisted suicide unfavorably. Recently, however, Americans seem to be more accepting of the controversial procedure. Although assisted suicide is legal in only three states, it appears that as society grows increasingly comfortable with regulation of the issue, it may be more inclined to allow the practice.

Marital Rights For Teens: Judicial Intervention That Properly Balances Privacy And Protection, Pamela E. Beatse

Utah Law Review

Uncle George's Story, pinpoints the many policy tensions at play when minors desire to marry, especially when the minor female is pregnant. Clearly, George was a young man deeply affected by his experiences growing up as an illegitimate child. He made the voluntary choice to marry his childhood sweetheart,who was pregnant with another man's child. With the support of her father, George and his bride were legally married in Utah and had a strong, loving marriage. Yet, this story is not the typical story when teens marry. Consequently, under pure common law and subsequent statutory provisions, all states have carved …

From Identity Politics To Ideology Politics, Jessica Knouse

Utah Law Review

We live in a lacuna between identity politics and post-identity politics. Although we understand that identity groups like African Americans and women are not ideologically monolithic, we continue to use race and gender as proxies for ideology. Although some have proclaimed the 2008 presidential election the first “post-identity politics election,” issues of race and gender continue to dominate the public forum. In short, although we want to have transcended identity politics, we have not. This Article asks why not, and concludes that the existing equal protection doctrine is partly to blame. It proposes that we abandon the existing doctrine, which …

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin, Jr.

Utah Law Review

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have given rise …

Height Discrimination In Employment, Isaac B. Rosenberg

Utah Law Review

This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.

Wikipedia, Me, And Ohp, Irvin Sam Schonfeld

Publications and Research

No abstract provided.

Weaving Color Lines: Race, Ethnicity, And The Work Of Leadership In Social Change Organizations, Sonia Ospina, Celina Su

Publications and Research

For social change organizations working to address intractable social problems throughout the USA, tackling race may not only be unavoidable; it may represent a way to fully engage stakeholders in social change work. We argue that illuminating the relationship between race and leadership can advance our under- standing of how social change leadership happens in practice. We build upon scholarship that emphasizes the ways in which seemingly essentialist, intractable racial categories are actually mutable, and the simultaneous emergence of academic research calling attention to the constructed and collective dimensions of leadership. Using a constructionist lens to analyze narratives from 22 …

Experience And Consciousness: Enhancing The Notion Of Musical Understanding, Adriana Renero

Publications and Research

Abstract:

Disagreeing with Jerrold Levinson’s claim that being conscious of broad span musical form is not essential to understanding music, I will argue that our awareness of musical architecture is significant to achieve comprehension. I will show that the experiential model is not incompatible with the analytic model. My main goal is to show that these two models can be reconciled through the identification of a broader notion of understanding. After accomplishing this reconciliation by means of my new conception, I will close the paper by discussing some reasons to accept an enhancing notion of musical understanding that includes levels …

Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams

Faculty Scholarship

No abstract provided.

Burning Shoes And The Spirit World: The Charade Of Neutrality, Frank H. Wu

Faculty Scholarship

No abstract provided.

Not The City Of God: The Multiplicity Of Wrongs And Rules, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Tailored Participation: Modernizing The Apa Rulemaking Procedures, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding

Faculty Scholarship

This Article argues that the current global financial crisis, which was first called the subprime crisis,' demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is not merely high rates of defaults on consumer loans, but also unpredictable and highly correlated defaults that create risks for both lenders …

On Appeal: Reviewing The Case Against The Death Penalty, Dawinder S. Sidhu

Faculty Scholarship

There is perhaps a no more divisive and significant issue in the United States than that of capital punishment./ The debate over the death penalty is of vital import and intrigue because it involves death, the termination of an individual's known existence. Not only does the death penalty involve death, but more properly, it involves the deliberate taking of life.3 It is precisely because the death penalty involves the willful extermination of human life that the debate must be thoroughly examined. This article attempts to add this needed clarity by evaluating the various arguments against the death penalty.

What Determines Auditory Similarity? The Effect Of Stimulus Group And Methodology., Kirsteen M. Aldrich, Elizabeth J. Hellier, Judy Edworthy

School of Psychology

Two experiments on the internal representation of auditory stimuli compared the pairwise and grouping methodologies as means of deriving similarity judgements. A total of 45 undergraduate students participated in each experiment, judging the similarity of short auditory stimuli, using one of the methodologies. The experiments support and extend Bonebright's (1996) findings, using a further 60 stimuli. Results from both methodologies highlight the importance of category information and acoustic features, such as root mean square (RMS) power and pitch, in similarity judgements. Results showed that the grouping task is a viable alternative to the pairwise task with N > 20 sounds whilst …

Cujo Goes To College: On The Use Of Animals By Individuals With Disabilities In Postsecondary Institutions, Dawinder S. Sidhu

Faculty Scholarship

This Article examines the extent to which animals may be used by individuals with disabilities in a particular setting-postsecondary institutions.

Investigating The Potential Contributors To Non-Suicidal Self-Injury: Stress, Emotional Dysregulation, And Alexithymia, Kelly K. Espenschade

Dissertations and Theses @ UNI

Research has investigated perceived stress, non-suicidal self-injury (NSSI), emotional dysregulation, and alexithymia independently. However, there have been no studies to date that have simultaneously examined the relationship among all these variables. The purpose of this study was to examine these variables among those who had or had not engaged in NSSI. Five hundred seventy-seven college students completed self report measures of non-suicidal self-injury, perceived stress level, emotional dysregulation, and alexithymia. As hypothesized, those who had engaged in self-harm behaviors reported higher levels of perceived stress, emotional dysregulation, and alexithymia. There were no gender differences except on perceived stress levels, where …

Differences In Romanian Men's Online Personals By Sexualities, Sebastian E. Bartoş, Voonchin Phua, Erin N. Avery

Sociology Faculty Publications

As Internet usage increases, its ability to provide almost instant connections and to pre-screen potential partners has made it a popular source for meeting people. To contribute to current literature, we examine differences in content between 187 men seeking men and 193 men seeking women in a sample of Romanian (Bucharest) personals in 2007. Results show that men seeking women provide more information about themselves than men seeking men. While the results also show that some Romanian men are more open about expressing their sexualities than others, there are still many obstacles affecting how men choose to share and express …

Gossip At Work: Unsanctioned Evaluative Talk In Formal School Meetings, Tim Hallett, Brent D. Harger, Donna Eder

Sociology Faculty Publications

This article uses a form of linguistic ethnography to analyze videotaped recordings of gossip that took place during formal school meetings. By comparing this gossip data against existing models of gossip based on data collected in informal settings, we identify eleven new response classes, including four forms of indirectness that operate to cloak gossip under ambiguity, and seven forms of avoidance that change the trajectory of gossip. In doing so, this article makes three larger contributions. First, it opens a new front in research on organizational politics by providing an empirically grounded, conceptually rich vocabulary for analyzing gossip in formal …

Historic Perspectives On Law & Science, Robin Feldman

Faculty Scholarship

No abstract provided.

Tax Policy, Rational Acts, And Other Myths, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Second Amendment Decision Rules, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Using Salience And Influence To Narrow The Tax Gap, Susan C. Morse

Faculty Scholarship

No abstract provided.

The Challenge Of Democratic Lawyering, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

Bullying In Public Schools In Missouri, David A. Copeland

Doctoral Dissertations and Projects

The research conducted sought to find evidence and data to support or lack of support to the following questions: Do school administrators perceive a problem with bullying in their schools in Missouri? Is there a relationship between the victim of bullying and the learning process? Do female adolescents engage in cyber bullying more than male adolescents? Do public schools in Missouri have policies in place that address bullying? The researcher used the Olweus Bullying Prevention Program survey on bullying. The study examined the perceptions and beliefs of the superintendents in the State of Missouri concerning bullying and student responses from …

Stakeholder Participation In New Governance: Lessons From Chicago, Lisa T. Alexander

Faculty Scholarship

The efficacy of the public-private partnership as a tool for social reform is the subject of continued scholarly and public debate. New governance theory, an increasingly popular form of jurisprudence, constructs an optimistic vision of stakeholder collaboration in public-private partnerships that justifies the use of the public-private partnership in regulatory reform. New governance scholars contend that recent governance trends such as devolution, deregulation, decentralization, and privatization create opportunities for previously marginalized stakeholders to more fully participate in public problem-solving. New governance scholars expect that both public and private stakeholders, with differing interests, skills and objectives, will effectively collaborate to solve …

Are You A Boy Or A Girl - Show Me Your Real Id, James Mcgrath

Faculty Scholarship

Although many official documents and forms of identification contain a sex or gender identifier, gender, as a category on these documents, is not very helpful in confirming a person's identity. If the purpose of the inclusion of gender on official documents is to accurately identify an individual, technological advances have given us more accurate methods of ensuring a person's identity. Technologies such as fingerprinting, facial recognition and retinal scans are far superior methods of determining whether a person is who they claim to be. The use of gender or sex on identification cards does little to positively identify individuals, and …

[Introduction To] Leadership And The Liberal Arts: Achieving The Promise Of A Liberal Education, J. Thomas Wren, Ronald E. Riggio, Michael A. Genovese

Bookshelf

A collection of essays by presidents of prominent liberal arts colleges and leading intellectuals who reflect on the meaning of educating individuals for leadership and how it can be accomplished in ways consistent with the missions of liberal arts institutions. Edited by faculty from the Jepson School for Leadership Studies at the University of Richmond, the Jepson Studies in Leadership series will reflect the school's broad-based, liberal arts approach to the study of leadership. The Jepson School has faculty representatives from the disciplines of English literature, history, philosophy, political science, psychology, public administration, religious studies, and organizational leadership. No other …

The Laboratory Of Judicial Debate: Examining A Commodity Based Approach To Punishing Sex Offences, Lucas R. Franklin

Cleveland State Law Review

This Note will examine commodity theory as a system for assigning punishment for sexual offenses in the context of the 2007 circuit split over defining “crime of violence” under § 2L1.2 of the Sentencing Guidelines. Part II will discuss the problem of punishing sex offenses and describe Donald Dripps' proposed commodity theory solution. Part III will discuss criticisms of using commodity theory as a basis for punishing sexual offenses. Part IV will provide background information on the U.S. Sentencing Guidelines generally and § 2L1.2 of the Guidelines specifically and explain why the circuit split serves as an ideal opportunity to …