Digital Commons Network^™

The Alienage Spectrum Disorder: The Bill Of Rights From Chinese Exclusion In Guantanamo, Won Kidane

Faculty Articles

The fundamental notion that increased ties to the polity of the United States would entitle an alien to better rights is deeply-rooted in the jurisprudence. Ordinarily, these rights tend to strengthen as one moves forward from the beginning of the spectrum, which might involve the most attenuated contact, as in the case of enemy aliens detained by United States military in a foreign land or an overseas visa applicant, to the end of the spectrum, which might involve a United States citizen. While this seems to make perfect sense, this article argues that a closer examination of the century-old jurisprudence …

Slums, Slumdogs, And Resistance, Tayyab Mahmud

Faculty Articles

No abstract provided.

Pretext In Peril, Natasha T. Martin

Faculty Articles

This Article addresses the connections among substance, procedure, and equality in the American workplace. Exploring the deepening struggle for plaintiffs under Title VII of the Civil Rights Act of 1964, this Article seeks to add clarity to an enduring quandary—why does Title VII fail to combat the prejudicial disparate treatment it was designed to eradicate? This Article offers a critique of the hardships shouldered by plaintiffs in proving contemporary workplace discrimination.

Challenging the seemingly unfettered discretion of the courts in evaluating claims of workplace bias, this Article pursues the interplay of procedural and substantive law to expose how courts "chip …

Legal Writing: The View From Within, J. Christopher Rideout, Jill J. Ramsfield

Faculty Articles

No abstract provided.

Communalism Predicts Prenatal Affect, Stress, And Physiology Better Than Ethnicity And Socioeconomic Status, Cleopatra M. Abdou, Christine Dunkel Schetter, Belinda Campos, Clayton J. Hilmert, Tyan Parker Dominguez, Calvin J. Hobel, Laura M. Glynn, Curt A. Sandman

Psychology Faculty Articles and Research

The authors examined the relevance of communalism, operationalized as a cultural orientation emphasizing interdependence, to maternal prenatal emotional health and physiology and distinguished its effects from those of ethnicity and childhood and adult socioeconomic status (SES). African American and European American women (N = 297) were recruited early in pregnancy and followed through 32 weeks gestation using interviews and medical chart review. Overall, African American women and women of lower socioeconomic backgrounds had higher levels of negative affect, stress, and blood pressure, but these ethnic and socioeconomic disparities were not observed among women higher in communalism. Hierarchical multivariate regression analyses …

Domestication Alone Does Not Lead To Inequality: Intergenerational Wealth Transmission Among Horticulturalists, Michael Gurven, Monique Borgerhoff Mulder, Paul L. Hooper, Hillard Kaplan, Robert Quinlan, Rebecca Sear, Eric Schniter, Christopher Von Rueden, Samuel Bowles, Tom Hertz, Adrian Bell

Psychology Faculty Articles and Research

We present empirical measures of wealth inequality and its intergenerational transmission among four horticulturalist populations. Wealth is construed broadly as embodied somatic and neural capital, including body size, fertility and cultural knowledge, material capital such as land and household wealth, and relational capital in the form of coalitional support and field labor. Wealth inequality is moderate for most forms of wealth, and intergenerational wealth transmission is low for material resources and moderate for embodied and relational wealth. Our analysis suggests that domestication alone does not transform social structure; rather, the presence of scarce, defensible resources may be required before inequality …

Family Characteristics, Public Program Participation, & Civic Engagement, Richard K. Caputo

The Journal of Sociology & Social Welfare

This study tested for differences on the type and extent of civic engagement between use of visible programs such as Food Stamps and Medicaid and less visible programs such as the Earned Income Tax Credit while accounting for family and socio demographic characteristics. Policy feedback theory guided the study which used data from the 1979 cohort of the National Longitudinal Surveys. Challenging prior research, means-tested Food Stamps, Medicaid, or EITC program participants were as likely as non-participants to devote time to activities aimed at changing social conditions. What social service agencies can do to enhance civic engagement is discussed.

Relative Doubt: Familial Searches Of Dna Databases, Erin Murphy

Michigan Law Review

The continued growth of forensic DNA databases has brought about greater interest in a search method known as "familial" or "kinship" matching. Whereas a typical database search seeks the source of a crime-scene stain by making an exact match between a known person and the DNA sample, familial searching instead looks for partial matches in order to find potential relatives of the source. The use of a familial DNA search to identify the alleged "Grim Sleeper" killer in California brought national attention to the method, which has many proponents. In contrast, this Article argues against the practice of familial searching …

As The Creek Trickles: Land Use Debates In The Rock Creek Drainage, Carly Christine Phillips

Graduate Student Theses, Dissertations, & Professional Papers

Rural areas in Montana are increasing in population as more and more people move to or buy second homes in these areas in search of scenic amenities and a better quality of life. Academics, policy makers, and the general public are concerned that such development pressure may have negative consequences for important habitat, ecosystems, rural communities, people’s livelihoods, and social networks. Rock Creek, Montana is a small, rural area that has seen a large increase in population in the last twenty years. Population increase and development pressure in the area has led to many debates about proper land use on …

Max Weber On Property: An Effort In Interpretative Understanding, Laura R. Ford

Socio-Legal Review

In this article, Laura Ford explores Max Weber's writings on the subject of property. Weber, in his first dissertation, articulated legally and historically, the conception of property as a phenomenon that was dependent on organised social relationships and somewhat closed to outside participation. Later, he formulated this conception sociologically and systematically connected it to additional concepts. Ford engages with Weber's work in three broad phases (the legal phase of his first dissertation, the economic-historical phase and finally the sociological phase) in order to examine if any sociological issues emerge from the same.

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Fire With Fire: Heterodox Law & Economics, Karl T. Muth

DePaul Business & Commercial Law Journal

No abstract provided.

The Role Of Probation And Parole Officers In The Collaborative Response To Sex Offenders, Brian K. Payne, Matthew Demichele

Sociology & Criminal Justice Faculty Publications

The article presents the curriculum for training community corrections professionals on how to deal with low-level/low-risk sex offenders, with emphasis on the role of various agencies in the collaborative response system. The role of probation and parole officers as the sex offender's external conscience is explained as well as the duties of law enforcement officers in responding to sex offenses. Jail staff may become involved by being court staff, prison staff and treatment staff.

Nature's Bastards: Hybridity, Grafting And Miscegenation In The Renaissance Imagery, Erin Elaine Doctor

Honors Theses

In this thesis I examined the various perceptions and permutations of hybridity in the context of a collective Renaissance imagination. The success of this thesis depends on the adherence to and analysis of a clear definition of hybridity, both real and metaphorical, as established in the introduction. Once this definition was established, I considered the implications of hybridity on a collection of Renaissance bodies, exemplified in the vegetable bodies of the garden and the social group of the gypsies. By using an extensive sample of primary sources, including plays, contemporaneous popular manuals and guidebooks, short stories, laws, edicts, paintings and …

I'M Not A Math Person: An Examination Of How Parents And Peers Affect The Ways In Which Students Engage With Mathematics, Samantha Jean Grey

Honors Theses

Culture plays an important role in influencing the ways in which students engage '^ith mathematics. This study sought to examine the ways in which the culture of the home influences the mathematics identities that students bring to the classroom. The researcher recruited participants from a college algebra class taught at a public university. The researcher interviewed four participants from the sample to collect their narratives for analysis. The results of this study indicate that parents and peers influence students’ mathematics identities in powerful and unexpected ways, especially when there is disagreement between the explicit and implicit messages that they communicate …

The Polarizing Effects Of Inflammatory Language In Political Blogs, Holly Sarah Hosford

Honors Theses

The Internet, as an unregulated and anonymous outlet, sometimes fosters uncivil political interaction, in which political debates escalate to hate speech or attacks on a social group. There is much debate on whether the political blogosphere will foster a purer democracy or create a more politically polarized society. In order to make conclusions about the societal effects of uncivil political dialogue, I examined the effects of Inflammatory political language on readers of weblogs and other online posts. I created and distributed five versions of an online survey, with each survey containing a different version of mock political blog comments. Each …

Electronic Supervision And The Importance Of Evidence Based Practices, Matthew De Michele, Brian Payne

Sociology & Criminal Justice Faculty Publications

This article proves readers with a brief introduction to evidence-based practices and the integrated model developed by NIC and CJI. Evidence-based principles provide some direction for agencies considering using electronic monitoring or other electronic supervision tools in their jurisdictions. Deciding to place any offender on electronic supervision requires an adequate risk assessment to determine the individual's risk and criminogenic need factors. The assessment is a foundation for the rest of the supervision period. Forgoing adequate assessment would be like building a building on a faulty foundation. The building will ultimately collapse and fail to provide safety.

Religious Nationalism In The Post-Soviet World: A Case Study Of The Relationship Between The Russian Orthodox Church And Georgian Orthodox Church During The Five-Day War, Harrison Ford

Honors Theses

HARRISON FORD: Religious Nationalism in the Post-Soviet Sphere: A Case Study of the Relationship Between the Russian Orthodox Church and Georgian Orthodox Church During the Five­Day War (Under the direction of Dr. Ahmet Yukleyen)

This thesis explores religious nationalism through the study of the Russian Orthodox Church (ROC) and its relationship with the Georgian Orthodox Church (GOC). Its focus is mainly on the time period immediately before and after Russia-Georgia 2008 conflict, but relevant history of the relationship between the two will be discussed to provide context.

In the post-Soviet era, the Russian Orthodox Church and Russian Federation conduct what …

Introduction: Rising Stars: A New Generation Of Scholars Looks At Civil Justice: Fifteenth Annual Clifford Symposium On Tort Law And Social Policy , Stephan Landsman

DePaul Law Review

No abstract provided.

Arbitration's Arbitrage: Social Solidarity At The Nexus Of Adjudication And Contract, Daniel Markovits

DePaul Law Review

No abstract provided.

Shall Thou Reincarnate Or Not? A Quest For Spirituality Among Czech "Irreligious" People, Petr A. Činčala

Faculty Publications

No abstract provided.

Who Is Speaking? Who Is Addressed? A Critical Study Into The Conditions Of Exegetical Method And Its Consequences For The Interpretation Of Participant Reference-Shifts In The Book Of Jeremiah, Oliver Glanz

Faculty Publications

No abstract provided.

Living Out The Principles Of The Ten Commandments, Trevor O'Reggio

Faculty Publications

No abstract provided.

Ellen White And The ‘Daily’ Conflict, Denis Kaiser

Faculty Publications

No abstract provided.

The Liberal University And Its Perpetuation Of Evangelical Anti-Intellectualism, Gretchen Ruecker Hoog

Seattle University Law Review

There is a battle in our country. One side’s ammunition consists of words like elitist, immoral, and secular; the other’s: simple-minded, extreme, and illogical. This battle forced Barack Obama’s campaign to downplay his professorship at a prestigious law school. It drives conservative Christians away from public universities, pits academics against Evangelicals, and sets liberal college professors against Southern pastors. This Comment discusses the battle between the anti-intellectual religious right and the anti-evangelical academic left. While this Comment attempts to explain this dichotomy in some detail, it focuses on how the dichotomy affects the goals of the liberal left and impedes …

Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter

Seattle University Law Review

Readers game enough to work through all three hundred pages of The Modern Corporation and Private Property looking for insights on corporate law today encounter two, apparently contradictory, lines of thought. One line, set out in Books II and III, resonates comfortably with today’s shareholder-centered corporate legal theory. Here the book teaches that even as ownership and control have separated, managers should function as trustees for the shareholders and so should exercise their wide-ranging powers for the shareholders’ benefit. The other line of thought emerges in Books I and IV, where The Modern Corporation encases this shareholder trust model in …

Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii

Seattle University Law Review

In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …

Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter

Seattle University Law Review

This essay, published in a symposium on the work of Adolf Berle, approaches the Berle-Dodd debate from the perspective that corporate managers have responsibilities beyond pursuing the interests of shareholders. Stock based executive compensation, designed to align managers’ interests with those of shareholders, has, in the investment banking industry in particular, failed to avert, and may have caused, managers (in this case, bankers) to take excessive risks that in the present financial crisis inflicted great damage on creditors and on society as a whole. We describe here the broad outlines of a proposal that we will discuss in future publications …

Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context, Lorraine E. Talbot

Seattle University Law Review

This paper offers some tentative suggestions as to why Berle’s work has been read and interpreted so selectively in the United Kingdom. I suggest that this must be partly attributable to the historical developments in English company law that entrenched the notion of shareholder ownership claims. Specifically, unincorporated associations’ normative values—that members are owners and there is no distinction between small organizations with no share dispersal and large organizations with wide share dispersal—have a continuing influence on this entrenched notion of shareholder ownership claims. First, I provide an overview of the origins of English company law. Next, I address how …

Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman

Faculty Publications

No abstract provided.