Digital Commons Network^™

Taxation, Pregnancy, And Privacy, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This Article frames a discussion of surrogacy within the context of existing income tax laws. A surrogate receives money for carrying and bearing a child. This payment is income by any definition, even if the surrogacy contract recites that it is a "reimbursement." Cases and rulings on the income tax consequences of the sale of blood and human breast milk, as well as analogies to situations in which people are paid to wear advertising on their bodies, support the conclusion that a surrogate recognizes taxable income, although the Internal Revenue Service has never stated so. For tax purposes, the reproductive …

Beyond The Youth Gap In Understanding Political Violence, Colette Daiute

Publications and Research

"Youth are never taken seriously, and we sometimes have ideas that would be good for all people." ~ Alex, Croatia

"... Some things do depend on us; war, consequences of the war, poverty; the influence of the church interfering with the state affairs, which must not be so. " ~ Ljubicia, Serbia

As we hear in these comments by two teenagers who have grown up in the shadow of political violence, their generation is aware of the past and its legacies. These brief quotes mention many details that young people in easier situations may not notice: "consequences of the war," …

Trauma And The Representation Of The Unsayable In Late Twentieth-Century Fiction, Katina Rogers

Publications and Research

This dissertation explores the ways in which several fiction writers from France, the U.S., and Latin America experiment with the form of their works in writing about traumatic experience, as they navigate the tension between a propulsion toward expression and toward silence. Some of these traumas are vast, as in Edmond Jabès’ Le livre des questions (1963-1973), which addresses not only the Holocaust, but also questions of exile and identity. Others are on a smaller scale, such as Jacques Roubaud’s Quelque chose noir (1986), Julio Cortázar's Los autonautas de la cosmopista (1983), and Macedonio Fernández’s Museo de la Novela de …

Towards A Jurisprudence Of Hybridity, Paul Schiff Gedicks

Utah Law Review

Debates about non-state normative communities often devolve into clashes between two polarized positions. On the one hand, we see the desire to eradicate difference through forced obeisance to a single overarching state norm. On the other, we see claims of complete autonomy for non-state lawmaking, as if such non-state communities could plausibly exist in isolation from the communities that both surround and intersect them.

The Nas/Nrc Report On Forensic Science: A Path Forward Fraught With Pitfalls, D. Michael Risinger

Utah Law Review

American forensic science as an organized field is less than a hundred years old. On balance, this relatively young field has almost certainly had a positive impact on the accurate determination of factual guilt and factual innocence in the criminal justice system. However, in the flush of youth, it is not uncommon for claims to outrun capabilities. For several decades now, many from the academy and some from forensic science itself have pointed to weaknesses both in various forensic fields and in the structure of forensic science practice itself—weaknesses that raised the specter of a forensic science that sometimes made …

Swirls And Whorls: Litigating Post-Conviction Claims Of Fingerprint Misidentification After The Nas Report, Jacqueline Mcmurtrie

Utah Law Review

A petitioner seeking to challenge a conviction that was based upon a fingerprint match will face difficulties, even when armed with the findings of the NAS Report. In the areas described above, CBLA and SBS, there were “insiders” who began to challenge the science underlying the forensic conclusions reached by experts in the field. The community of latent print examiners has yet yielded a William Tobin, or multiple experts such as those in the Edmunds case who testified they had changed their opinion about the scientific validity of the conclusions they had once endorsed. The committee convened by Congress to …

Will History Be Servitude?: The Nas Report On Forensic Science And The Role Of The Judiciary, Jane Campbell Moriarty

Utah Law Review

With other scholars, I have previously argued that because judges apparently were unwilling to exclude prosecutorial forensic evidence, perhaps judges could follow the “middle way” by limiting, if not excluding, the testimony. My suggestion (and that of others) is primarily to let the expert testify about points of comparison, without giving a conclusion to the jury. This approach does not resolve the problems identified in the report; but it possibly cures the worst problems with individualization evidence.

Long Overdue: Utah’S Incomplete Approach To Eyewitness Identification And Suggestions For Reform, Steven J. Joffee

Utah Law Review

On January 17, 1985, Ronald Cotton, a twenty-two-year-old black man, was convicted of rape and sentenced to life in prison. That evening, his alleged victim, Jennifer Thompson, “toasted her victory with champagne.” Approximately six months earlier, in July of 1984, when Thompson was a twenty-two-year-old college student, a black male had broken into Thompson’s apartment, “held a knife to her throat, and forced her to submit to sexual intercourse.” During the course of the horrific attack, Thompson vowed to stay alert so that she could later help police catch her attacker and put him away forever. At one point during …

The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, Samuel Vincent Jones

Utah Law Review

On April 4, 2010, CNN’s Larry King Live aired a special segment, titled “Worldwide Crisis: Human Trafficking,” to highlight the crime’s brutal and global nature. Joined by Ashley Judd and Lucy Liu, host Larry King described human trafficking as “women and children, kidnapped, bought, [and] sold into bondage.” Throughout the program, the commentators made at least twenty-five references to “women” or “girls” to describe, in graphic detail, occasions on which men enslaved and sexually abused females. It portrayed the crime as a contemporary tale of good versus evil about misogyny and the sexual exploitation of women.

A Ticking Time Bomb? University Data Privacy Policies And Attorney-Client Confidentiality In Law School Settings, Gregory C. Sisk, Nicholas Halbur

Utah Law Review

Looking only at the specific problem of the attorney-client privilege, to say that university data privacy policies that fail to explicitly protect professional confidences are a ticking time bomb (as suggested by the title of this Article) may be hyperbolic. Unlike the “Surveillance Society” that has taken hold in the American corporate workplace, most American universities remain committed to the principle of academic freedom and encourage largely uninhibited exploration of ideas. The educational culture itself may foster a greater expectation of privacy in use of information technology—notwithstanding contradictory language in a formal university data privacy policy. If an outside challenge …

Evidentiary Incommensurability A Preliminary Exploration Of The Problem Of Reasoning From General Scientific Data To Individualized Legal Decision Making, David L. Faigman

Faculty Scholarship

No abstract provided.

My Name And My Face, Stuart Ewen

Publications and Research

No abstract provided.

The Transition From Medical Student To Junior Doctor: Today's Experiences Of Tomorrow's Doctors., Nicola Brennan, Oonagh Corrigan, Jon Allard, Julian Archer, Rebecca Barnes, Alan Bleakley, Tracey Collett, Bere Sr De

Peninsula Medical School

CONTEXT Medical education in the UK has recently undergone radical reform. Tomorrow's Doctors has prescribed undergraduate curriculum change and the Foundation Programme has overhauled postgraduate education. OBJECTIVES This study explored the experiences of junior doctors during their first year of clinical practice. In particular, the study sought to gain an understanding of how junior doctors experienced the transition from the role of student to that of practising doctor and how well their medical school education had prepared them for this. METHODS The study used qualitative methods comprising of semi-structured interviews and audio diary recordings with newly qualified doctors based at …

Seeking Educational Self-Determination: Raza Studies For Revolution, Margaret E. Montoya, Marcos Pizarro, Monica Nanez, Ray Chavez, Nadine Bermudez

Faculty Scholarship

This article is a multi-textured effort to explain the educational, social justice work of MAESTR@S, an innovative, organic group of educational activists fighting to address the needs of Latina/o youth. It is unlike anything we have ever written and probably unlike anything you are likely to read in an academic journal such as Equity & Excellence in Education.We do not have a well-defined result that we are reporting to you. Instead, we see ourselves on a quest, with a deep concern about the current educational choices facing most raza youth and their teachers, and a commitment to try to work …

A Tale Of Election Day 2008: Teaching Storytelling Through Repeated Experiences, Serge A. Martinez, Stefan H. Krieger

Faculty Scholarship

In Part I, we describe our experience supervising our clinic students on Election Day 2008 and our observations of their learning through the repetitive experiences they had representing several clients in rapid succession. In Part II, we discuss cognitive science research into skills learning, including several necessary elements for optimal learning. In Part III, we review existing legal scholarship on teaching storytelling to lawyers and compare it with cognitive science findings. Finally, in Part IV, we apply cognitive science principles to teaching storytelling through experiential learning and describe the necessary elements for creating effective learning situations. We also suggest some …

The New Childbirth : An Analysis Of Planned Cesarean Sections, Loren Wilbers

Dissertations and Theses @ UNI

This study examines the experience of planned cesarean section delivery as told by six mothers who have given birth utilizing this method. The rate of planned cesarean deliveries being performed in the United States has been increasing over the past two decades. The existing literature attributes this phenomenon to mothers' fear of the pain associated with vaginal birth, desires to imitate celebrities and maintain vaginal tone, and the greed of obstetricians who push for cesarean deliveries for both convenience and financial gain. The voices of mothers themselves is lacking in the existing literature. Thus, this study draws upon a qualitative, …

Review Of Doctor Zhivago, Michael Adams

Publications and Research

Review of David Lean's Doctor Zhivago: http://www.media-party.com/discland/2010/05/doctor-zhivago-bluray.html

Review Of Contempt, Michael Adams

Publications and Research

Review of Jean-Luc Godard's Contempt: http://www.media-party.com/discland/2010/03/contempt-bluray.html

Romanian Men's Masculinities In Online Personal Advertisements, Sebastian E. Bartos, Voonchin Phua, Erin N. Avery

Sociology Faculty Publications

The present paper analyses Romanian men's masculinities via a quantitative and qualitative analysis of 380 online personal advertisements posted by men. The case of Romania is particularly interesting for understanding gender relations, since the country has recently experienced the impact of (post-) communisim, democratization, and resurging traditionalism. Romanian men's advertisements often express traditional gender relations: men-seeking-women are interested in attractive, less educated partners, while men-seeking-men emphasize discretion. Some men resist such patriarchal standards: men-seeking-women who are highly educated prefer educated women, and some men-seeking-men give out recognizable photos of themselves. Limitations and further research directions are discussed.

A Comparison Of Forgiveness Across Two Cultures: Lebanon And The United States, Zeina Yousof

Dissertations and Theses @ UNI

Research suggests that the propensity to forgive expressed by societies is often influenced by the cultural orientation of the society. Collectivistic societies tend to express a higher level of willingness to forgive than individualistic societies. This study examined how two samples of different cultural orientations, Lebanese and American, define forgiveness and express their feelings, thoughts and behavior towards a specific offender who has hurt them in the past. In addition to that, the willingness to forgive of the two samples was measured. Measurement instruments for this study consisted of the Enright Forgiveness Inventory and the Willingness to Forgive scale. These …

The Role Of The Subconscious In Intellectual Property Law, Robin Feldman

Faculty Scholarship

No abstract provided.

Implicit Bias And The Illusion Of Mediator Neutrality, Carol L. Izumi

Faculty Scholarship

No abstract provided.

Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts

Faculty Scholarship

No abstract provided.

A Study On The Motives Of High School And Undergraduate College Students For Using The Social Network Site Facebook, Michael Hart

Doctoral Dissertations and Projects

An online survey conducted at a mid-Atlantic university and two high schools located in close geographical proximity sought to determine the motives for using the social network site Facebook.com. A redesigned instrument based upon the Interpersonal Communication Motives (ICM) scale used in past uses and gratifications research measured motivations for Facebook use. Motives of undergraduate college students and high school students for using Facebook attempted to predict attitudinal and behavioral outcomes of Facebook use. The study compared the descriptors of the behavioral and attitudinal outcomes of high school students to the descriptors of the behavioral and attitudinal outcomes of undergraduate …

The Relationship Between Stress, Work Hours And Depressive Symptoms Among Migrant Factory Workers In China, Anthony Ping-Kam So

Doctoral Dissertations and Projects

This study sought to identify the relationship between work hours, stress, and depressive symptoms among migrant factory workers in China (N = 911). Using correlational analyses, the researcher arrived at results that indicated there was a weak but significant positive correlation between working hours and stress levels; a significant moderate relationship between working hours and depression levels, and a significant association between stress levels and depressive symptoms among migrant factory workers in China. Additionally, multiple regression analysis found a significant correlation between depressive symptoms and dorm-living (environmental factor) in the participants. Data indicated social support and gender difference were found …

Preschool Education In Virginia And The Resulting Academic Effects For Third- And Fifth-Grade At-Risk Students, Pamela Perry Randall

Doctoral Dissertations and Projects

While there remains little doubt that the "founding" preschool programs in America--the High/Scope Perry Program, the Chicago Child-Parent Centers, and the Abecedarian Project--had a positive academic and social impact on the students they served, such claims are difficult to substantiate for students being served in the Virginia Preschool Initiative Program. This study was designed to investigate the educational impact of the state-funded preschool program on the academic achievement of at-risk students who attended school from 1999-2002. These students' third- and fifth-grade Standards of Learning tests, in the subject areas of mathematics and reading, were compared using T-tests and ANOVA calculations …

The Ignite (Investigation To Guide New Insight Into Translational Effectiveness)Trial: Protocol For A Translational Study Of An Evidenced-Based Wellness Program In Fire Departments, Diane L. Elliot, Kuehl S. Kerry, Esther L. Moe, Carol A. Defrancesco, Linn Goldberg, David P. Mackinnon, Jeanne Enders, Kim C. Favorite

Business Faculty Publications and Presentations

Background: Worksites are important locations for interventions to promote health. However, occupational programs with documented efficacy often are not used, and those being implemented have not been studied. The research in this report was funded through the American Reinvestment and Recovery Act Challenge Topic 'Pathways for Translational Research,' to define and prioritize determinants that enable and hinder translation of evidenced-based health interventions in well-defined settings. Methods: The IGNITE (investigation to guide new insights for translational effectiveness) trial is a prospective cohort study of a worksite wellness and injury reduction program from adoption to final outcomes among 12 fire departments. It …

Save Africa: The Commodification Of (Product) Red Campaign, Cindy N. Phu

Kaleidoscope: A Graduate Journal of Qualitative Communication Research

Through messages of romanticized consumption, consumers are encouraged to buy into the (PRODUCT) RED Campaign to help stop the HIV/AIDS epidemic in Africa. This research examines the (PRODUCT) RED campaign through a critical rhetorical analysis that questions whether (PRODUCT) RED substitutes consumerism for social activism. Simultaneously, it explores the resistance waged by Buylesscrap.com, and challenges the subversion tactics to hegemonic corporations taking advantage of the maker/buyer disjunction. John Fiske’s ideologies of consumerism and Stuart Hall’s theories of negotiation reveals that capitalizing on humanitarian efforts further marginalizes communities that are already disparaged by increasing the “GAP” between consumer mentality and campaign …

Perceptions Of Doctoral Level Teaching Preparation In Counselor Education, Stephanie F. Hall, Diana Hulse

Journal of Counselor Preparation and Supervision

This study explores counselor educators‟ perceptions of their doctoral level teaching preparation. Results indicate that observation and feedback from faculty, teaching under supervision, being mentored to teach, and attending seminars on college teaching are positively correlated with participants‟ perceptions of overall teaching preparedness. Implications for counselor education doctoral training and recommendations for further research are presented.

Multicultural Counselor Training: Assessment Of Single-Course Objectives And Pedagogical Strategies, Krista M. Malott, Tina R. Paone, Cleborne Maddux, Terri Rothman

Journal of Counselor Preparation and Supervision

The purpose of this study was to examine the extent to which multicultural counseling courses throughout the United States include course objectives and pedagogical strategies recommended in the literature (Arredondo et al., 1996) and in professional counseling standards and guidelines. Findings from 277 participants indicate that most, not all, courses include the recommended objectives and strategies. The most common (85.9%) objective was self- awareness of own values and biases, whereas only approximately 50 percent included an objective related to critiquing counseling theories. The most common pedagogical strategies were classroom discussions/debates (95.3%), whereas fewer than half integrated cross-discipline readings and student …