Digital Commons Network^™

Finding A Reasonable Way To Enforce The Reasonable Efforts Requirement In Child Protection Cases, Jeanne M. Kaiser

Faculty Scholarship

Under federal law, state child protection agencies are required to exert "reasonable efforts" to reunite abused and neglected children with their parents before seeking to terminate parental rights and free the children for adoption. The scope of this requirement is undefined in federal statutes and in the statutory law of many states. As a result, it has fallen to appellate courts to determine the degree of effort a state agency must exert before the relationship between a parent and a child is severed. This has proven no easy task. By the time a parental termination case has reached an appellate …

Integrating Service-Learning Pedagogy: A Faculty Reflective Process, Carmen Carracelas-Juncal, Jenny Bossaller, Gallayanee Yaoyuneyong

Faculty Publications

Research on service-learning has focused mainly on student outcomes. However, this study addresses the transformative change that three faculty members from different disciplines experienced during a semester-long fellowship on service-learning as a pedagogical method. Through their personal reflections, the authors show how service-learning and the scholarship of teaching were intertwined as they engaged in course redesign. This experience went beyond creating an academic service-learning course to transforming the teachers into reflective practitioners actively engaged in systematically improving their teaching practice.

Professional Malpractice In A World Of Amateurs., Thomas D. Morgan

St. Mary's Law Journal

Clients experience the speed at which the world changes, both technologically and socially. They expect lawyers to keep pace. The technology which permits lawyers to deliver legal services faster also chains lawyers to their electronic devices. This technology has also led to a growing market of those who promise to do the same work faster, better, and cheaper. Such developments will ultimately affect how lawyers view professional malpractice or the way the industry understands “competence and diligence normally exercised by lawyers.” The malpractice question becomes: to what standard of care and competence should such “amateur” lawyers be held? The legal …

Beyond The Torture Memos: Perceptual Filters, Cultural Commitments, And Partisan Identity, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.

The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett

Utah Law Review

An addiction to drug laws is caused by an inadequate understanding of individual rights and the vital role such rights play in deciding matters of legality. As a result, policies are implemented that cause serious' harm to the very individuals whom these policies were devised to help and to the general public. If the rights of individuals to choose how to use their person and possessions are fully respected, there is no guaranty that people will exercise their rights wisely. Some may mistakenly choose the path of finding happiness in a bottle or in a vial. Others may wish to …

Medical Marijuana: The Conflict Between Scientific Evidence And Political Ideology, Peter J. Cohen

Utah Law Review

At the beginning of this article, a basic question was posited: Should the approval or disapproval of medical marijuana as a legitimate therapeutic agent be governed by the same statute (and philosophy) that applies to all other new drugs or pharmaceutical agents, the Food, Drug, and Cosmetic Act, and should the drug be evaluated by the appropriate regulatory agency, the Food and Drug Administration, for its safety and efficacy as demonstrated by "evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience"? If not, should medical marijuana be exempt from scientific review …

Imagining The Addict: Evaluating Social And Legal Responses To Addiction, Elizabeth E. Joh

Utah Law Review

Often we refer to the response to an unwanted addictive behavior, but of course there is no unified social or legal response. Instead, addictive or compulsive behaviors occasion a variety of social and legal responses: restrictive or prohibitive legislation, individual litigation, the emergence of advocacy groups, and the issue of expert opinion. Yet even if these responses do not originate from a single plan, they converge in a particular way. When a new "epidemic" of addictive behavior is identified, a narrative about that addiction emerges. Who are I the addicts? What danger do they pose? Who bears responsibility for the …

New Frontiers In Family Law: Introduction, Laura T. Kessler

Utah Law Review

A new discussion about families and care is unfolding in family law. Reproductive technologies, globalization, and left-of-center critiques of same-sex marriage offer an especially fertile environment for imagining sex, intimacy, care, and reproduction outside marriage and the nuclear family. These reconceptualizations continue the revisioning enabled by reproducti~e freedom, no-fault divorce, and women's entrance and integration into the workforce. The implications of these trends are significant. What happens to family law when a range of relationships and intimate practices .displace heterosexuaf marriage from the epicenter of thinking about the family? Although the full effects of this diffusion are not yet clear, …

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 …

Two Steps Behind: The Law's Struggle To Keep Pace With The Changing Dynamics Of The American Family, Jason M. Merrill

Utah Law Review

While the dynamics of the U.S. family hav shifted from traditional to alternative, many laws remain centered around trad tional family policy. In areas of the law involving child visitation rights, non-marital cohabitation, and caretaking policies, the focus on traditional family form rather than modem family function has resulted in a failure to fully accommodate the needs of alternative families.

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 …

Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann

Utah Law Review

The Rivers and Harbors Act of 1899 often is considered the first environmental criminal statute because it contains strict liability provisions that make it a misdemeanor to discharge refuse into navigable waters of the United States without a permit. When Congress passed the Rivers and Harbors Act, however, it was far more concerned with preventing interference with interstate commerce than environmental protection. For practical purposes, the environmental crimes program in the United States dates to the development of the modern environmental regulatory system during the 1970s, and amendments to the environmental laws during the 1980s, which upgraded criminal violations of …

Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary

Utah Law Review

A criminal defendant found not guilty by reason of insanity was found not guilty. Commitment to a state mental facility is not designed to be punishment for a crime. The commitment is meant instead to address the acquittee’s insanity. Involuntary commitment strips a person of a vital liberty interest, and under our Constitution it should be done only with adequate due process. Recommitment of the person, though, is due that same protection. Accordingly, use of unfairly prejudicial evidence should be limited unless a court deems it necessary to a jury’s determination.

Parental Involvement In Child's Education : Does It Help? How Can We Make It Better?, Keith Galloway

Graduate Research Papers

How often and in what ways do my students' parents get involved in their children's education? How important do the parents of my students think it is to get involved in their children's education? How do I find out how and how much my student's parents involve themselves in their children's education?

For those parents already involved in their children's education, how do I get these parents to increase their involvement in their children's education? How do I convince the parents who are not involved in their children's education just how important it is?

The research discussed in this paper …

Are Paralympics Athletes Experiencing Serious Leisure?, Janet Thi Ho

Graduate Research Papers

According to Stebbins (2008), Serious leisure is the systematic pursuit of an amateur, hobbyist, or volunteer core activity that people find so substantial, interesting, and fulfilling that, in the typical case, they launch themselves on a (leisure) career centered on acquiring and expression a combination of its special skills, knowledge, and experience (p.5). Stebbins notes, serious leisure involves pursuing an amateur activity.

Amateurism involving sports is defined by Allison (2001), as "doing things for the love of them, doing them without reward or material gain or doing them unprofessionally" (p. 3). Allison also states "a human activity is amateur in …

Benefits Of Soccer Within Diverse Soccer Programs And Their Cultural Differences, Aldin Muhamedagic

Graduate Research Papers

Physical inactivity is one of the leading concerns in today's society. Current research shows that today's children are most definitely less fit than children 20 years ago. According to the research, today's children seem to be heavier and over weight. Plus there is more overall health concern for the children then ever before. The focus of this study is to examine the benefits of soccer in diverse soccer programs and their cultural differences and to examine how soccer can help the youth to live better and healthier lives.

In this study we examined a different aspect of youth development and …

Study Abroad: Products, Practices, And Perspectives Of A New Culture, Molly Marie Juza

Honors Program Theses

How does one adapt him/herself to an environment that is so different in almost every way? Noticing exactly how one is forming their gestures and body movements so as not to offend anyone, modifying one’s point-of-view on issues that seem so straightforward like cutting in line, and realizing that even facial expressions are partially culturally determined are among countless other topics within the situations that sojourners voluntarily place themselves for months at a time. How do they adapt to these strange new situations? What are some of the difficulties in adapting? What aspects of their home culture do they maintain? …

Heidegger And Dewey: Science In A Post-Metaphysical World, Michael Allen Dusch

LSU Master's Theses

The aim of this paper is to compare and contrast the philosophies of Martin Heidegger and John Dewey regarding metaphysics and science. Concerning metaphysics, there are two main areas of attention, the historical emergence of metaphysics in the philosophical tradition, and the abandonment of the metaphysical notions of substance and subjectivity. After examining these two areas of both thinkers’ philosophies, we then turn to their philosophy of science, demonstrating how the scientific thought of both thinkers is inseparable from their metaphysical critiques. For Heidegger, modern science is merely a continuation of the metaphysics of the past, while for Dewey; science …

Land Trusts In The Twenty-First Century: How The Tax Abuse And Corporate Governance Threaten The Integrity Of Charitable Land Preservation, Erin B. Gisler

Santa Clara Law Review

No abstract provided.

Llmhs Elderly Services Outreach Program: Lincoln, Lyon & Murray Human Services, Jamie Olson

All Graduate Theses, Dissertations, and Other Capstone Projects

Right now there is a lack of professional and community knowledge regarding the services LLMHS provides to those over age 65. Thus, there are elderly who are in need of help who are not getting connected to a county long term care social worker. The elderly may need help to simply get connected to resources, have questions answered, correct misconceptions about long term care, get recommendations, or assistance paying for home and community based services. There are also many providers and professionals with questions about what LLMHS does and does not do as well as what the assistance programs can …

The Spillikin (Vol. 26), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.

Competing Narratives, Competing Jurisprudences: Are Law Schools Racist? And The Case For An Integral Critical Approach To Thinking, Talking, Writing, And Teaching About Race, Rhonda V. Magee

University of San Francisco Law Review

REJOINDER TO Dan Subotnik's Are Law Schools Racist?- Part II

University Reporter - Volume 13, Number 05 - January 2009

1996-2009, University Reporter

This issue of the University Reporter features, among others, articles about energy-saving efforts, the University's entrepreneur-inresidence Dan Phillips and his role in student mentoring and the newly established Venture Development Center, and a UMass Boston initiative, in partnership with the Harvard School of Public Health (HSPH) and the Cherishing Our Hearts and Souls Coalition (COHS) of Roxbury, to reduce socioeconomically-based health disparities.

Child Sexual Abuse In The Boy Scouts Of America, 1970--1984, Jenna Kline

Master's Theses and Capstones

The present study examined child sexual abuse in the Boy Scouts of America (1970 to 1984). In particular, this study explored the role of the institution in child sexual abuse. The data analyzed was gathered from the Boy Scouts Ineligible Volunteer File system and included a sample of 529 adult males who had volunteered to serve as adult role models for the Boys Scouts and were suspected of alleged misbehavior. Analysis of the data revealed a profile of the alleged abusers. These men were typically in their mid-30s, single and had spent an average of 41.4 months in the Boy …

2009-2010 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

The Power Of A Promise: Education And Economic Renewal In Kalamazoo, Michelle Miller-Adams

Upjohn Press

In the first comprehensive account of the Kalamazoo Promise, Michelle Miller-Adams addresses both the potential and challenges inherent in place-based universal scholarship programs and explains why this unprecedented experiment in education-based economic renewal is being emulated by scores of cities and towns around the nation.

Taking The Literary Turn, Patrick O. Gudridge

Articles

No abstract provided.

Legal Holes, Noa Ben-Asher

Faculty Publications

(Excerpt)

In the years that followed the events of September 11, 2001, a debate crystallized between those who think that “legal grey and black holes”—which I call simply “legal holes”—are necessary and integral to U.S. law and those who think that they are dangerous and should be abolished. Legal black holes “arise when statutes or legal rules ‘either explicitly exempt[] the executive from the requirements of the rule of law or explicitly exclude[] judicial review of executive action.’” Grey holes, in contrast, “arise when ‘there are some legal constraints on executive action . . . but the[y] are so insubstantial …