Digital Commons Network^™

Factors Influencing Donor Partnership Effectiveness, Danièle St-Pierre, Lisa Burley

The Foundation Review

· The International Development Research Centre (IDRC) produced six case studies on jointly funded programs related to the environment, global health, and information technologies in developing regions around the world.

· A two-dimensional tool probing eight factors that influence donor (funder) partnership performance and interinstitutional communication was developed and used in conjunction with a Partnering Process Model to guide the preparation of the case studies.

· The case studies demonstrated that communication is important externally, that is, among donor partners, and internally, that is, within the various divisions of IDRC. With the use of this tool, it was possible to …

Constructing Collaborative Success For Network Learning: The Story Of The Discovery Community Self-Assessment Tool, Angela Frusciante, Carmen Siberon

The Foundation Review

· Despite conversations about the importance of community collaboration, foundations continue to struggle with how to best frame and support collaborative success.

· Existing tools to assess collaboration may not fit with either a foundation’s values or a specific program strategy.

· From a foundation perspective, developing a community self-assessment tool reinforced the idea that collaborative functioning is crucial and deserves attention.

· This article shares a story of the development and initial use of the Discovery Community Self-Assessment Tool as a process of social construction critical to collective action and a possible indicator of network learning.

Stories Of Civil Rights Progress And The Persistence Of Inequality And Unequal Opportunity 1970-2010, Michael A. Wolff

All Faculty Scholarship

In this article, Missouri Supreme Court Judge Michael A. Wolff, who also is distinguished visiting professor at St. Louis University School of Law, outlines the judicial and legislative victories and failures of civil rights advocates over the last forty years at both the federal and state level. He details the reform efforts through personal anecdotes of many of his own cases that he pursued as a legal services lawyer and has seen as a judge. Judge Wolff’s stories focus on the rights that legal services programs fought for and obtained and the battles that continue to be lost. In particular, …

Designing An Evaluation Of A New Initiative: A Practical Approach To Ensure Evaluation Use, Linda M. Bosma, Chris Matter, Jaime Martinez, Nicole Toves, Joanne D'Silva

The Foundation Review

· This article describes the process of planning an evaluation of the Tribal Tobacco Education and Policy initiative.

· The initiative was launched in 2007 to reduce tobacco use among American Indians, who disproportionately suffer the negative health effects of tobacco use.

· The work of the initiative and the evaluation had to incorporate an understanding of tribal structure as well as of the traditional use of tobacco in American Indian sacred ceremonies. The theory of change was conceptualized as circular, rather than linear, in keeping with American Indian philosophical traditions.

· The planning process, utilizing evaluators familiar with community …

Sustainability Is Made, Not Born: Enhancing Program Sustainability Through Reflective Grantmaking, Ann L. Mccracken, Kelly Firesheets

The Foundation Review

· This article explores how reflective grantmaking can lead to enduring changes in the communities that foundations serve.

· The Health Foundation of Greater Cincinnati's approach to evaluating and improving the sustainability of grant-funded projects is reviewed as an example.

· Their grantmaking framework includes policy and advocacy work, evaluation support, communications support, and technical assistance in addition to traditional funding of projects.

· This framework promotes sustainability of the funded work.

Paradigm Shift: A Foundation/Grantee Partnership Using Data To Drive Neighborhood Revitalization And Assess Impact, Lois W. Greco, Margaret Grieve, Maggie Mccullough

The Foundation Review

· The Wachovia Regional Foundation spearheaded the formation of a partnership to create a participatory outcome evaluation framework for its neighborhood revitalization work.

· The framework integrates the use of primary and secondary data and has been modified and improved to strengthen a variety of the foundation’s comprehensive neighborhood revitalization efforts.

· Forty-one community-based organizations have utilized the framework as a key tool to craft and implement neighborhood plans in a 62-county region.

· The framework has enabled grantees and residents to better understand and capitalize on market dynamics, enhance their participation in revitalization activities and begin to demonstrate the …

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman

Articles by Maurer Faculty

Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …

Reducing Information Gaps To Reduce The Tax Gap: When Is Information Reporting Warranted?, Leandra Lederman

Articles by Maurer Faculty

A core problem for enforcement of tax laws is asymmetric information. The taxpayer knows the facts regarding the relevant transactions it engages in during the year-or at least has ready access to that information. The government is forced to play catch-up, obtaining that information either from the taxpayer or from third parties. Information reporting is routinely used to address this information gap. The government obtains information about the taxpayer's tax situation from a third party and-equally important-the taxpayer knows that the government has received that information. This fosters taxpayer honesty. Information reporting is not a panacea, however. It imposes costs …

The Joint Law Venture: A Pilot Study, Jayanth K. Krishnan

Articles by Maurer Faculty

This pilot study evaluates the effectiveness of law firms entering into joint ventures, an increasingly eyed business model particularly by American and British lawyers seeking to expand into promising financial markets. One country at the center of the joint venture experiment has been Singapore. With the strong encouragement of the Singaporean government (which has long embraced foreign investment), various elite law firms from the United States and Britain have been partnering with domestic Singaporean law firms for over the past decade. Because these foreign firms were traditionally barred from practicing Singaporean law on their own, the ‘joint law venture,’ or …

Protecting Privacy In Health Research: The Limits Of Individual Choice, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

The Role Of Inspiration In The Helping Professions, Kari A. O'Grady, P. Scott Richards

Faculty Publications

This qualitative research study examined the ways that helping professionals experi- ence inspiration, as defined as divine guidance or influence, in their therapeutic work. It also explored their beliefs about how helping professionals can seek inspiration in their work. Open-ended survey questions from 333 respondents from a diverse range of religious and professional backgrounds were qualitatively analyzed. The themes ex- tracted give insight into the ways that these helping professionals have experienced inspiration in their work and about how helping professionals can facilitate a spiritual space in the therapeutic context.

Charity And Information: Correcting The Failure Of A Disjunctive Social Norm, Brian Broughman, Robert Cooter

Articles by Maurer Faculty

Charitable donations fund social goods that the state and markets undersupply. Despite widespread belief in the importance of private charity, most Americans donate little or nothing. Experiments in behavioral economics show that anonymity, not human nature, causes low contributions. Anonymity poses a particular challenge for charity because of the special character of the obligation. Charity is a disjunctive social norm, meaning the obligation is owed to ‘A or B or C or …’. Disclosure of each individual’s aggregate conduct is necessary for the effectiveness of any disjunctive social norm. To revitalize charity we propose a public registry where each taxpayer …

Giving Unconscionability More Muscle: Attorney's Fees As A Remedy For Contractual Overreaching, Stephen E. Friedman

Georgia Law Review

This Article seeks to broaden the conversation about unconscionability. While most of the discussion has focused on the appropriate standard for determining unconscionability, this Article focuses on the appropriate remedy to be imposed when unconscionability is found. The current remedy for unconscionability is nonenforcement or limited enforcement of unconscionable contracts or contract terms. This remedy is inadequate and seriously undermines unconscionability's effectiveness as a tool for policing against contractual overreaching. The Article proposes that courts be given discretion to award attorney's fees to consumers who successfully establish the unconscionability of a standard form contract. Such a remedy would enable unconscionability …

Table Of Contents

Georgia Law Review

No abstract provided.

The Privacy Implications Of Deep Packet Inspection Technology: Why The Next Wave In Online Advertising Shouldn't Rock The Self-Regulatory Boat, Robert T. G. Collins

Georgia Law Review

With the explosive growth in Internet use by consumers throughout the 1990s, advertisers have quickly embraced the Web as a fertile ground for attracting customers. This increase in usage has been tracked by online advertisers' progressive efforts to achieve ad relevance by discovering consumer preferences and serving ads accordingly. An attendant concern is the extent to which the data collection that fuels online advertising respects the consumer's interest in data privacy. To date, American lawmakers have allowed existing subject-matter-based privacy statutes, in combination with industry self-regulation and Federal Trade Commission oversight, to manage privacy concerns. In 2008, however, the introduction …

Dare To Compare: Determining What "Other Available Methods" Can Be Considered Under Federal Rule 23(B)(3)'S Superiority Requirement, Andrea J. Parker

Georgia Law Review

When certifying a class action lawsuit, Federal Rule 23(b)(3) requires a federal district court judge to determine that a class action lawsuit is superior to "other available methods "of handling the dispute. A disagreement has emerged among the district courts regarding what constitutes an available method under the Rule. Several courts have found that private refund programs or settlement agreements instituted by a defendant can count as available methods under the superiority requirement, while other courts have found that they do not. This Note evaluates the question of whether private refund programs or settlement agreements should be compared to class …

Phase Six Pandemic: A Call To Re-Evaluate Federal Quarantine Authority Before The Next Catastrophic Outbreak, John T. Clarkson

Georgia Law Review

At some point in the future, the United States will confront a deadly pandemic. One potential response to blunt the impact of an outbreak may be the use of a large-scale quarantine. The current statutory framework governing federal quarantine authority, however, is outdated and in need of revision. Any reform must acknowledge that the federal government may be best positioned to respond to national health threats and must simultaneously create limits on federal power to ensure a proper balance of power remains between the states and the federal government. This Note proposes that Congress focus its reform efforts on adding …

It Takes A Village: Considering The Other Interests At Stake When Extending Inheritance Rights To Posthumously Conceived Children, Morgan K. Wood

Georgia Law Review

The advent of assisted reproductive technologies has brought into existence a new class of children: those not conceived until after the death of one biological parent, or posthumously conceived children. Such a child may be born after a parent dies from a terminal illness or is killed in military action. Is the child legally recognized as the child of the deceased parent,and may the child inherit from that parent's estate? Not surprisingly, the law has been slow to evolve to deal with this relatively new concept. Only twelve states to date have enacted statutes specifically addressing posthumously conceived children, so …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken Levy

Georgia Law Review

For over a century now, American scholars(among others) have been debating the merits of "bad-Samaritan" laws-laws punishing people for failing to attempt "easy rescues." Unfortunately, the opponents of bad-Samaritan laws have mostly prevailed. In the United States, the "no-duty-to-rescue" rule dominates. Only four states even have bad-Samaritan laws, and these laws impose only the most minimal punishment-either sub-$500 fines or short-term imprisonment. This Article argues that this situation needs to be remedied. Every state should criminalize bad Samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against …

W(H)Ither Economic Substance?, Leandra Lederman

Articles by Maurer Faculty

Transactions that claim inappropriate tax benefits are a perennial problem. When the IRS claims a transaction is abusive, courts generally examine whether the taxpayer had a business purpose and whether the transaction had economic substance (essentially a prospect of profit before taxes). This two-pronged "economic substance doctrine" developed from a series of Supreme Court cases.

Unfortunately, the economic substance doctrine provides a poor proxy for the real question, which was the focus of the early cases-whether the claimed tax results are consistent with Congress's intent. One important drawback of the shift from a focus on congressional intent to a focus …

"How Can You Represent That Man?": Ethics, The Rule Of Law, And Defending The Indefensible, Ramsey Clark

Georgia Law Review

As we meet to discuss legal ethics, we should consider whether the subject as it is usually presented today adequately encompasses the ideal role of the lawyer, beyond zealous advocacy on behalf of clients. For the most part, legal ethics today, through codes of professional conduct, deals with prohibitions intended to protect the public from misconduct by lawyers, oftentimes criminal. Thou shalt not steal, conceal, lie, bear false witness, suborn perjury, or breach client trust. But is this all? Doesn't ethics promise more than this? Ethics-like morality, which has richer connotations in our culture-properly deals not only with what is …

Sanctioning Hard Bargaining: A Critique Of State Offer-Of- Settlement Rules, Philip M. Thompson

Georgia Law Review

In the United States' health-care-conscious climate of the past few years, tort reform has been a popular topic for state and federal legislators. Two reform devices that most states have adopted are offer-of-judgment and offer-of-settlement rules. Modeled after Federal Rule of Civil Procedure 68, these rules enable parties to issue offers either entitling or subjecting the parties to penalties ranging from the less impressive costs of litigation to severe awards of attorney's fees and interest on the judgment. These rules were enacted to curb litigation and to reduce the strain such litigation places on state budgets. Some states set out …

Payments Data Security Breaches And Oil Spills: What Lessons Can Payments Security Learn From The Laws Governing Remediation Of The Exxon Valdez, Deepwater Horizon, And Other Oil Spills?, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

Analysis Of Carrion Fly (Diptera: Calliphoridae) Population Genetics Using Amplified Fragment Length Polymorphism (Aflp) Profiles., Christine J. Picard

Graduate Theses, Dissertations, and Problem Reports (ETD)

Worldwide, there are over 1000 species of blow flies (Diptera: Calliphoridae). Blow flies display a variety of habits, however they are best known for their role in the decomposition of carrion. As yet, there are few studies of their population genetic structure, although such data would contribute to such fields as pest management, taxonomy, forensic entomology and veterinary medicine. Although it is typically assumed that carrion fly populations are panmictic, this has been disputed. This research focused on developing a new protocol to understand the population genetic structure in carrion flies using amplified fragment length polymorphism (AFLP) profiles. My specific …

Self-Regulation As A Mediator Between Sibling Relationship Quality And Early Adolescents’ Positive And Negative Outcomes, Laura M. Padilla-Walker, James M. Harper, Alexander C. Jensen Phd

Faculty Publications

The current study examined the role of adolescents’ self-regulation as a mediator between sibling relationship quality and adolescent outcomes, after controlling for the quality of the parent-child relationship. Participants were 395 families (282 two parent; 113 single parent) with an adolescent child (M age of child at Time 1 = 11.15, SD = .96, 49% female) who took part in [project name masked for blind review] at both Time 1 and Time 2. Path analysis via structural equation modeling suggested that sibling affection was longitudinally and positively related to self-regulation and prosocial behaviors, and negatively related to externalizing behaviors; while …

The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra

Articles by Maurer Faculty

Since 2003 American political leaders and lawmakers have been committed to the simultaneous pursuit of tax cuts and military excursions abroad. Just a few decades ago, when military hawks were also deficit hawks, such a position would have seemed incongruous. This essay reviews, War and Taxes, a provocative and fascinating new book that seeks to explain the apparent dissonance of recent American wartime tax policy. In contrast to conventional wisdom which presumes that wartime patriotism has always and everywhere trumped self-interest, War and Taxes shows that the history of U.S. wartime taxation is not quite such a heroic tale. By …

American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra

Articles by Maurer Faculty

Histories of the modern American income tax have generally focused on the role that social and political forces have played in the development of a new tax system. This article seeks to move beyond the social and political determinants to examine the economic factors that facilitated the adoption of the modern, graduated income tax. Without marginalizing the importance of social and political factors, the central aim of this article is to make a modest contribution to the legal and political historiography of the U.S. income tax by highlighting how changing material economic conditions afforded social groups, political reformers, and lawmakers …

(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla

Articles by Maurer Faculty

This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social psychological perspective. The field of social psychology has documented a pervasive phenomena, the Fundamental Attribution Error, the failure of decision makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social psychological research on the Fundamental Attribution Error, legal concepts such as …

Social And Emotional Learning In The Kindergarten Classroom: Evaluation Of The Strong Start Curriculum, Thomas J. Kramer, Paul Caldarella, Lynnette Christensen, Ryan H. Shatzer

Faculty Publications

There has been increasing interest in the promotion of social and emotional learning in schools, and research has shown positive outcomes. However, relatively few studies have been conducted in kindergarten classrooms or considered the feasibility of kindergarten implementation. This study examined the effects of Strong Start on the social and emotional competence of 67 kindergarten students, using a time-series design. Four kindergarten teachers taught the ten Strong Start lessons in their classrooms. Results indicated gains in students' prosocial behaviors and decreases in internalizing behaviors, as rated by teachers and parents. Implementation integrity and teachers' ratings of social validity were high, …