Digital Commons Network^™

Aging And Sexual Orientation: A 25-Year Review Of The Literature, Anna M. Muraco, Karen I. Fredriksen-Goldsen

Sociology Faculty Works

In a review of 58 articles published between 1984 and 2008, this article synthesizes the recent state of social research on older lesbian, gay male, and bisexual adults in order to summarize existing knowledge about these groups, to guide future research on aging, and to identify the substantive issues affecting their lives. Based on a life-course perspective, the primary research domains identified include the interplay of lives and historical times and linked and interdependent lives. After reviewing the literature in each of these areas, the article presents an examination of the strengths and limitations of the body of knowledge and …

New Media: A New Medium In Escalating Crises?, Joanna Ann Mei Siah, Namrata Bansal, Augustine Pang

Research Collection Lee Kong Chian School Of Business

Purpose– The use of new media in crisis is a double‐edged sword. On one hand, its pivotal role in online monitoring and dissemination of information can help an organisation manage crisis. On the other hand, it can also create organisational crisis. The purpose of this paper is to examine how new media can be used to escalate crisis.Design/methodology/approach– Four crises were examined: the 2008 Edison Chen sex scandal in Hong Kong; and in the USA, New York Taco Bell‐KFC rats infestation crisis in 2007; JetBlue Airways crisis in 2007, and the Kryptonite locks crisis in 2004.Findings– The very characteristics that …

The Epistemology Of The Financial Crisis: Complexity, Causation, Law, And Judgment, Jeffrey M. Lipshaw

Suffolk University Law School Faculty Works

The focus on complexity as a problem of the financial meltdown of 2008-09 suggests that crisis is in part epistemological: we now know enough about financial and economic systems to be threatened by their complexity, but not enough to relieve our fears and anxieties about them. What marks the current crisis is anxiety that the financial world has evolved to the point that there are hidden structures, like concentrated "too big to fail" institutions and mechanisms, or like credit default swaps, that have widespread and adverse downsides. I propose an analogy between medicine and law in the sense of "regulatory …

The Discipline Of Identity: Examining The Challenges Of Developing Interdisciplinary Identities Within The Science Disciplines, Nicholas Richard Burk

Graduate Student Theses, Dissertations, & Professional Papers

Conducting scientific research that integrates multiple disciplines is an increasingly important, and yet challenging endeavor. This study employs the construct of identity to characterize and examine the obstacles to successful interdisciplinary work. It is argued that identity provides a useful lens into the process of scientific investigation, because as a construct, it has been shown to influence the way one sees oneself, others, and the practice of “good science.” It is therefore assumed that scientists’ identities may be an under-examined, mitigating factor in whether they develop an interest and aptitude for interdisciplinary collaboration. This study qualitatively examines 20 postgraduate students …

What's In A Name? The Feasibility And Desirability Of Naming Forced Marriage As A Separate Crime Under International Humanitarian Law, Krista Stout

Dalhousie Journal of Legal Studies

The phenomenon of forced marriages during armed conflict has recently garnered international attention, as it has become apparent that these coerced relationships are not mere happenstance, but are often the result of strategic planning on the part of armed groups and are thus an integral part of ongoing conflicts around the globe. The purpose of this paper, therefore, is to critically examine the phenomenon as it manifests itself in armed conflict situations, with a specific focus on Sierra Leone, and to unpack the various violations that occur under the guise of this pernicious labeling to see whether it is desirable …

Promoting Strengths, Prevention, Empowerment, And Community Change Through Organizational Development: Lessons For Research, Theory, And Practice, Scotney D. Evans, Ora Prilleltensky, Adrine Mckenzie, Isaac Prilleltensky

All Faculty and Staff Scholarship

SPEC Learning and Changing by Doing is a three-year, action research and organizational change project designed to ultimately promote social justice and well-being in the community. SPEC is an acronym that stands for Strengths, Prevention, Empowerment, and Community Change. The project consists of five organizations tackling internal organizational change in order to better promote justice and well-being in their respective constituencies. In this paper we present a formative evaluation of this multicase study of organizational change in human services. This paper contributes to the empirical and theoretical literature on organizational change in the nonprofit human service milieu.

New Governance And The "New Paradigm" Of Police Accountability: A Democratic Approach To Police Reform, Kami Chavis Simmons

Faculty Publications

This Article proposes that policymakers should draw from the emerging New Governance theoretical framework--particularly democratic experimentalism--in order to develop strategies to successfully reform law-enforcement agencies. Modem police departments function like administrative agencies, and as such, they are susceptible to the same deficiencies that traditional agencies experience in other administrative contexts. Given the traditionally insular nature of law-enforcement agencies, the need for political legitimacy in the reform process is amplified in the policing context. Therefore, in order to eliminate patterns of police misconduct and corruption, reform measures should embody characteristics that promote stakeholder participation and local experimentation.

This abstract has been …

How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins

Faculty Publications

No abstract provided.

"The Lawmen Faced The Outlaws, No Badge Upon A Breast:" Historical Memory And The Legacy Of Henry Plummer And The Montana Vigilantes, Melissa Poindexter Thomasma

Graduate Student Theses, Dissertations, & Professional Papers

In the winter of 1863-1864, the Montana vigilantes hanged over twenty men in and around Bannack and Virginia City, including the region's elected sheriff, Henry Plummer. The mob claimed that these men were members of a highly-organized Road Agent Gang. While no evidence of this organization of highwaymen exists, the episode endures in the popular history of Montana; this thesis explores four elements of the legacy of this episode. First, it presents a biography of Henry Plummer and brief summary of the organization and actions of the Vigilance Committee. Second, it establishes an historiography of the episode; it couches the …

Cairn Stones: A Mosaic Memoir And Manual, Bethany Mason Taylor

Graduate Student Theses, Dissertations, & Professional Papers

These twenty essays are scraps and fractals of larger stories, windows on coming to understand the world and my place in it. Taken as a whole, the collection tells the story of a formation of open-eyed hope. Roughly, they run from 2001 to 2010, covering the same years as the terrorist attacks of 2001, the War on Terror’s beginnings and toll, Hurricane Katrina, and growing awareness of globalization and climate change. These are big topics, and the only way I can make sense of them, and my coming of age within and around them, is to tell the stories of …

Home Swede Home: The Archaeology Of Swedish Cultural Identity At A Western Homestead, Amanda Clare Haught

Graduate Student Theses, Dissertations, & Professional Papers

In the summer of 2003, the University of Idaho conducted an archaeological field school at the Nora Creek site under the direction of Dr. Mark Warner at a Swedish homestead just east of Troy, Idaho. The field school unearthed a plethora of historical artifacts including metal, glass, ceramic, and faunal items left behind by the inhabitants of the Johanson homestead in Nora, Idaho. Historical documentation indicates that the Johansons immigrated to America from Sweden in 1882 and they arrived in Nora in 1891. The research goal of this thesis is to determine whether and how a signature of Swedish identity …

The Upside Down Pyramid: Declining Populations Mean A Demographic Crisis For Europe, Lauren Soelberg

Sigma: Journal of Political and International Studies

No abstract provided.

Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases, Justin Murray

Publications

In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court's use of Establishment Clause ideas in Roe and later abortion cases.

Some brief background is essential in order to see how the Court wove Establishment Clause themes into the structure of its Due Process analysis. The Due Process Clause prohibits the government …

A Critical Legal Rhetoric Approach To In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss

Publications

In this paper I apply critical legal rhetoric to the judicial opinion rendered in response to the Defendants' Motion to Dismiss Plaintiffs' Second Amended and Consolidated Complaint in 'In Re African American Slave Descendants', a case concerning the efforts of a group of modern-day descendants of enslaved African-Americans to obtain redress for the harms of slavery. The chief methodological framework for performing critical legal rhetorical analysis comes from the work of Marouf Hasian, Jr. particularly his schema for analysis which he calls substantive units in critical legal rhetoric. Critical legal rhetoric is a potent tool for exposing the …

Inside Cover

The Bridge

No abstract provided.

Some Thoughts On The Societal Impact Of Linguistics, Arto Mustajoki

Russian Language Journal

Today, scholars are obliged to justify the necessity of research in their own fields. The purpose of this paper is to discuss the channels of societal impact of linguistic research. In other words, I will try to answer the following question: in what ways is the work of scholars dealing with language(s) useful for society? The paper is based on my articles published in Finnish (Mustajoki 2005, 2011) and on oral presentations in various academic circles. I will first discuss some general ideas concerning the societal impact of research and researchers. I will then try to apply these ideas to …

The Mirage Of Non-State Governance, Ralf Michaels

Utah Law Review

Postulating non-state governance challenges the state’s monopoly on the creation and adjudication of law, but it does not challenge the framework in which we think of governance, or government, as related and linked to the state. Nonstate governance is merely the flipside of a state government. Ironically, such a conception does not weaken the importance of the state for governance, but perpetuates it. It changes the state from a tacit background assumption to the prime criterion with which we differentiate between kinds of governance. This limits in crucial ways our ability to think creatively about governance. When we talk of …

On Corrupting The Youth, John Gee

Review of Books on the Book of Mormon 1989–2011

Review of Chrsitian Smith. Souls in Transition: The Religious and Spiritual Lives of Emerging Adults. and Review of Mark D. Regenerus. Forbidden Fruit: Sex and Religion in the Lives of American Teenagers.

The Sexual Economy Of The Islamic Republic: Birth Control, Female Sexual Awakening, And The Gay Lifestyle, Janet Afary

Khazar Journal of Humanities and Social Sciences

No abstract provided.

Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks

Publications

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the "health exception" to abortion regulations to demonstrate why equality arguments are needed--namely because our legal tradition's conception of liberty is based on male experience, no theory of basic human rights grounded in women's reproductive experiences has developed. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom by requiring that pregnancy and abortion be analogized to male experiences. As a result, equality arguments focus on either the bodily or the social aspect of …

Privilege And Property: Essays On The History Of Copyright, Ronan Deazley, Martin Kretschmer, Lionel Bently

Copyright, Fair Use, Scholarly Communication, etc.

Includes sixteen essays on the origins of copyright.

First paragraph:

What is Copyright History?

History has normative force. There was no history of colonialism, gender, fashion or crime until there were contemporary demands to explain and justify certain values. During much of the twentieth century, ‘copyright’ history (the history of legal, particularly proprietary, mechanisms for the regulation of the reproduction and distribution of cultural products – as opposed to the history of art, literature, music, or the history of publishers and art-sellers) was not thought of as a coherent, or even necessary field of inquiry. It was a pursuit of …

Ways Of Seeing In Environmental Law: How Deforestation Became An Object Of Climate Governance, William Boyd

Publications

Few areas of law are as deeply implicated with science and technology as environmental law, yet we have only a cursory understanding of how science and technology shape the field. Environmental law, it seems, has lost sight of the constitutive role that science and technology play in fashioning the problems that it targets for regulation. Too often, the study and practice of environmental law and governance take the object of governance--be it climate change, water pollution, biodiversity, or deforestation--as self-evident, natural, and fully-formed without recognizing the significant scientific and technological investments that go into making such objects and the manner …

Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen

Publications

This article revises widespread application of the racialization thesis to Arabs, Muslims, and South Asians following September 11. It suggests in its place an “alienation thesis” to describe the formation of an alien identity for those perceived and treated as noncitizens. This thesis draws on Asian American and critical race scholarship to re-interpret sociological understandings of the post-September 11 response to Arabs, Muslims, and South Asians. The article concludes that shifting conceptions of this phenomenon is critical to reforming “alienating” practices that function not only to cause harm to their intended targets, but also to distort the legal requirements of …

What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell

Publications

Lawyers have long been inspired by the advocacy work of Martin Luther King, Jr. From his work on the Montgomery bus boycott, to lunch counter sit-ins, to his March on Washington, Dr. King demonstrated skilled advocacy that resulted in important legal advancements. While lawyers give primacy to Dr. King as an advocate, Dr. King gave primacy to his work as a preacher. This article challenges the legal profession to consider the ways in which Dr. King, the preacher, may be as inspirational and instructive as Dr. King, the civil rights icon. Just as Dr. King's religious values were not abstracted …

Lessons From Mazibuko: Persistent Inequality And The Commons, Daria Roithmayr

Publications

No abstract provided.

Racial Cartels, Daria Roithmayr

Publications

This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of "racial cartels." We can define racial cartels to include a range of all-White groups-homeowners' associations, school districts, trade unions, real estate boards and political parties who gained significant social, economic and political profit from excluding on the basis of race. Far from operating on the basis of irrational animus, racial cartels actually derived significant profit from racial exclusion. By creating racially segmented housing markets, for example, exclusive White homeowners' associations enjoyed higher property values that depended not …

Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong

Faculty Publications

No abstract provided.

Why Care About Caregivers? Using Communitarian Theory To Justify Protection Of "Real" Workers, Nicole Buonocore Porter

Faculty Publications

What is the caregiver conundrum? Simply put, it is the difficulty caregivers face when trying to balance their caregiving responsibilities with their work responsibilities. Caregivers face conflicts both at home and at work when work responsibilities clash with responsibilities at home. In many cases, these conflicts create serious hardships on the caregivers and their loved ones.

Finding a solution to this pressing problem is puzzling because courts and scholars disagree on the scope of the problem. Thus far, courts only protect employees who experience caregiver discrimination because the employer incorrectly assumes the employee will not meet the workplace requirements. In …

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

Faculty Publications

No abstract provided.

Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick

Faculty Publications

No abstract provided.