Digital Commons Network^™

Lawrence As An Eighth Amendment Case: Sodomy And The Evolving Standards Of Decency, Sheldon Bernard Lyke

William & Mary Journal of Race, Gender, and Social Justice

This Article offers an alternate reading of Lawrence v. Texas, the 2003 U.S. Supreme Court case that struck down the Texas sodomy statute that criminalized private, consensual, and adult same-sex intercourse. While most scholars discuss Lawrence as a substantive due process case and struggle to find meaning in the ambiguity of the decision's language, I propose that Lawrence is better read as an Eighth Amendment case. This Article argues that the majority opinion analyzed the constitutionality of the Texas sodomy law as it would analyze the cruelty and unusualness of a criminal law in an Eighth Amendment evolving standards of …

Incremental Independence: Conforming The Law To The Process Of Adolescence, Megan E. Hay

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Hiding In Full View: The “Forgotten” Bushman Genocides Of Namibia, Robert J. Gordon

Genocide Studies and Prevention: An International Journal

This article examines the Bushman genocide of 1912–1915 which, despite overwhelming evidence of its having occurred, has been largely ignored by both scholars and the local population. It invokes the Durkheimian distinction between necessary and sufficient conditions. Necessary conditions are akin to Marxian notions of ‘‘primitive accumulation’’ or Weberian ‘‘booty capitalism,’’ but in addition, the author emphasizes the demographics of the settlers, largely (aspiring) middle-class single men, and suggests that notions of the Rechtsstaat—code-based rather than case-based rule of law—represented an important, if not distinctive, sufficient condition in facilitating genocide, especially in tandem with the legitimation activities of turn-of-the-century scholars. …

Biological Absorption And Genocide: A Comparison Of Indigenous Assimilation Policies In The United States And Australia, Katherine Elinghaus

Genocide Studies and Prevention: An International Journal

This article examines biological absorption (the imagined process by which indigenous identity would disappear through interracial sexual liaisons) and its relationship to the assimilation policies of the United States and Australia. In the debates about whether or not indigenous assimilation policies constituted genocide, biological absorption has often been pointed to as a particularly salient example of genocidal thinking. US and Australian historians, however, have mostly seen biological absorption as only a minor aspect of assimilation. This article argues that biological absorption should be recognized as a pervasive construct underlying many aspects of Australia’s and the United States’ dealings with Aborigines …

Ontological Destruction: Genocide And Canadian Aboriginal Peoples, Andrew Woolford

Genocide Studies and Prevention: An International Journal

The impact of colonialism on Aboriginal groups in Canada is often described as ‘‘cultural genocide’’ or ‘‘ethnocide.’’ In contrast, this article offers a re-reading of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (1948) that is sensitive to Aboriginal understandings and experiences of group life and group destruction. Through this re-reading, it is argued that genocide must be understood in a culturally contextualized manner so as to avoid modernist and Eurocentric biases. Only by opening up the conception of genocide will we be able to contend adequately with Canadian Aboriginal experiences of colonialism.

Using Internet‐Based Vignette Methods To Understand Elder Residential Choices, Francis G. Caro, Teck Ho, Daniel Mcfadden, Alison Gottlieb, Christine Yee, Taizan Chan, Joachim Winter

Gerontology Institute Publications

This paper illustrates an innovative method of administering fractional factorial surveys (vignettes) using the internet. The approach makes it possible to use video clips to deliver information. The method also provides subjects with interactive options before making judgments. A study to determine the views of older people regarding residential options is used to illustrate the method. The study found that the following characteristics of vignette persons affected subject recommendations: personal introduction, functional status, social network, and current housing characteristics. However, characteristics of retirement community features and personal financial status did not affect recommendations.

Moving Far From Far-From-Equilibrium: Opportunity Tension As The Driver Of Emergence, Benyamin B. Lichtenstein

College of Management Working Papers and Reports

Complexity scholars have identified two distinct drivers of emergence: (1) Far-from-equilibrium dynamics that trigger order creation, and (2) adaptive tension (McKelvey, 2004) which can push a system toward instability, leading to the emergence of new order. In this paper I suggest that both are true but incomplete. For example, when drawn out to the extreme, a far-fromequilibrium framework generates a contradiction by suggesting that the most dynamic organizations are the ones farthest-from-thermodynamic equilibrium – like Exxon or GE for example. Adaptive tension portrays the effect of a dynamic push without identifying the cause. I suggest “Opportunity Tension” as an alternative, …

Vol. Ix, Tab 43 - Google Memorandum In Support Of Its Motion To Exclude Expert Report And Opinion Of Dr. Kent Van Liere, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Psychology Discipline Assessment Report 2008/2009, Psychology Discipline

Assessment of Student Learning Reports

No abstract provided.

Sociology Discipline Assessment Report 2008/2009, Sociology Discipline

Assessment of Student Learning Reports

No abstract provided.

Sociology Discipline Goals & Methods Assessment Report 2009, Sociology Discipline

Assessment of Student Learning Reports

No abstract provided.

Latin America Area Studies Discipline Assessment Report 2008/2009, Latin America Area Studies Discipline

Assessment of Student Learning Reports

No abstract provided.

Spring 2009, Syracuse University In Florence

Foglio

No abstract provided.

Using Criminal Punishment To Serve Both Victim And Social Needs, Erin O'Hara O'Connor, Maria Mayo Robbins

Scholarly Publications

The criminal offender often commits two distinct wrongs with each criminal act. First, the offender commits a wrong against the victim, who is left feeling both aggrieved and vulnerable. Second, the offender wrongs society by engaging in conduct that violates social norms, thereby undermining others’ senses of personal security. The two wrongs are often addressed in different ways, and an exclusive or even primary focus on one can interfere with effective redress of the other.

For example, “criminal justice” in early western legal systems often began with vigilante justice, which was left entirely to victims and their allies. Even when …

Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes

Law and Contemporary Problems

Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …

Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher

Law and Contemporary Problems

Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of …

Periodicals Price Survey 2009: Reality Bites, Lee Van Orsdel, Kathleen Born

Scholarly Papers and Articles

No abstract provided.

Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack

Faculty Publications

This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of this …

A Model Of Employee Satisfaction: Gender Differences In Cooperative Extension, Richard P. Vlosky, Francisco X. Aguilar

Journal of Extension

Employee satisfaction is an important issue for management and employees in any organizational setting. We developed a generalized model of employee satisfaction and tested it for both female and male U.S Extension employees. Results indicate that there are no differences in the antecedents of employee satisfaction between genders.

Working With Sage-Grouse Local Working Groups. A Practical Guide For Nrcs Staff., Lorien Belton, Douglas B. Jackson-Smith, Terry Messmer

All Current Publications

This publication serves as a guide for NRCS staff for working with local sage-grouse working groups.

Gender Matters, Volume 14, Issue 4, April/May 2009, Women's, Gender, And Sexuality Studies Program

Gender Matters (2006-2011)

A bulletin of the Illinois State University Women’s and Gender Studies program, Volume 14, Issue 4, April/May 2009.

Impact Of Poor Quality Of Life On Adolescents In Rural Kentucky: A Brief Report, Hatim A. Omar, Søren Ventegodt, Joav Merrick

Pediatrics Faculty Publications

In many rural areas in Kentucky, adolescents lack the basic assets for a good quality of life, such as having caring adults, a safe place and useful activities after school. Methods: Analysis of data from middle and high school students referred to a comprehensive school based health promotion center (SBHPC). Results: From august 2006 to February 2008, a total of 382 students (200 female, 182 male, aged 12-18 years) were referred to the SBHPC for help. Only two (0.5%) students had two parents living with them and 12 (3.1%) had safe, organized after school activities. 19.9% of the total were …

Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks

Cornell Law Faculty Publications

The election of Barack Obama as the forty-fourth president of the United States suggests that the United States has made great strides with regard to race. The blogs and the pundits may laud Obama’s win as evidence that we now live in a “post-racial America.” But is it accurate to suggest that race no longer significantly influences how Americans evaluate each other? Does Obama’s victory suggest that affirmative action and antidiscrimination protections are no longer necessary? We think not. Ironically, rather than marking the dawn of a post-racial America, Obama’s candidacy reveals how deeply race affects judgment.

Reforming Knowledge? A Socio-Legal Critique Of The Legal Education Reforms In Japan, Annelise Riles, Takashi Uchida

Cornell Law Faculty Publications

This article critiques the current Japanese legal education reforms, modeled largely on the United States, by proposing a socio-technical framework for analyzing the distribution of legal expertise in a given society. On one side of the spectrum is the "monocentric" model of legal expertise, in which expertise is monopolized by the profession and legal literacy is low. On the other side of the spectrum is the "polycentric" model of legal expertise, in which a range of social and institutional actors share responsibility for legal expertise and legal literacy is high. If the U.S. is a more monocentric system, the Japanese …

Redevelopment Condemnations: A Blight Or A Blessing Upon The Land, Harold L. Lowenstein

Missouri Law Review

Eminent domain has been a hot topic in legal circles since the U.S. Supreme Court's opinion in Kelo v. City of New London. Issues such as fair compensation, public use, and the role of government in economic development have been discussed widely. The focus of this article, however, is somewhat different. This article seeks to provide a practical analysis for the sensitive issue of eminent domain, specifically for situations in which the government seeks to acquire real property via eminent domain in order to foster private redevelopment. The power to take private property, conferred by the Constitution and reiterated in …

The Sand Creek Phenomenon: The Complexity And Difficulty Of Undertaking A Comparative Study Of Genocide Vis-À-Vis The Northern American West, Brenden Rensink

Department of History: Dissertations, Theses, and Student Research

This article explores various issues germane to the field of the history of the North American West and the struggle to integrate these issues into the broader field of genocide studies. The primary historiographic example of the 1864 Sand Creek Massacre of Cheyennes and Araphahos in southeastern Colorado by the Colorado Militia illustrates the difficulties of producing objective research on such morally charged historical events. Specific attention is dedicated to understanding the potential value of integrating Native American history into the broader field of genocide studies and to explaining why comparative scholarship has yet to be undertaken in any substantial …

Sac Outreach Bulletin 2009, The South Asia Center

Newsletters from the South Asia Center

No abstract provided.

Segregation, Racial Structure, And Neighborhood Violent Crime, Danielle Corinne Kuhl, Lauren J. Krivo, Ruth D. Peterson

Sociology Faculty Publications

Drawing on structural racism and urban disadvantage approaches, this article posits a broad influence of citywide racial residential segregation on levels of violent crime across all urban neighborhoods regardless of their racial/ethnic composition. Multilevel models based on data from the National Neighborhood Crime Study for 7,622 neighborhoods in 79 cities throughout the United States reveal that segregation is positively associated with violent crime for white and various types of nonwhite neighborhoods. Nonetheless, there is a lack of parity in violence across these types of communities reflecting the larger racialized social system in which whites are able to use their privileged …

Children's Health Insurance Program: The Dynamics Of Federalism And Health Care Policy, Erik White

Political Science Theses and Capstones

On February 4^th, 2009, President Obama signed into law the reauthorization of the Children Health Insurance Program. The federal government will now spend 30 billion dollars towards the goal of ensuring that more children in the United States are insured. I investigate this particular health care policy and look at the different dynamics that affect the ultimate goal of universal health insurance for children. Because this program allows for state flexibility under broad federal guidelines, one is able to look at individual states, and their particular actions and characteristics, to determine the best approach to insuring the most …

Educational Vouchers And Academic Performance, Nicole Kvidera

Political Science Theses and Capstones

Every time our elected representatives are looking at budget, or election time rolls around, or a family is considering moving, the topic of education is in the thoughts and on the minds of many. Over the years there have been many different education reforms and proposed ideas. This presentation will go in-depth into one such educational reform idea. Educational vouchers have been studied in various ways over the years; the data for this study comes from Milwaukee, Wisconsin and gathered over the course of years. The data gathered allows one to compare students in Milwaukee Public Schools and students that …