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An Experiential Approach To Kant's Moral Philosophy: A Reply To Dogmatism, Formalism And Rigorism, Chris Mctavish

Dissertations

Many of Kant's commentators and critics interpret his moral philosophy solely in terms of the cognitive dimension of his categorical imperative. Such a predominant manner of reading Kant gives rise to the criticism that his moral philosophy is too far removed from the actual way in which human beings orient themselves as moral persons in the world. In response to this general tendency in Kant interpretation, my dissertation proposes to offer an experiential approach to Kant's ethics. By the expression experiential I mean an approach to Kant's thinking that attends to the living sense in which we experience the phenomena …

“We Went To The Hills": Four Afghan Life Stories, James M. Weir

Dissertations, Theses, and Capstone Projects

This dissertation examines four Afghan life stories for prevalent micro-historical perspectives on shared Afghan macro-historical experiences. The introduction explains my background, motivations and objectives for conducting life history research in Afghanistan in 2004 and 2005. The first chapter outlines an approach applied to examining life stories that addresses three interrelated questions: first, how the narrator's presentation is related to the memory of the actual events narrated (biographical chronology), second, how a narrative image/s of a person's past is established in relationships to individually significant audience/s (narrative self / audience), and third, how interrelationships between the individual …

The Influence Of Cross-Linguistic Input And L2 Proficiency On L2 Reading Comprehension Among Spanish-Speaking Adults Learning English As A Second Language, Astrid Sussette Rodríguez

Dissertations, Theses, and Capstone Projects

Developing literacy and language proficiency in English is essential to thrive in school and in the workforce in American society. Research on cross-linguistic influences on text-level skills is scant, especially studies investigating reading comprehension among language-minority adults. The present study investigated the effects of cross-linguistic input and second language proficiency on second language reading comprehension among Spanish-speaking adults enrolled in English as a Second Language (ESL) classes at a community college in New York City. The main research question was whether language-minority adults would comprehend printed text better if they read it in Spanish (L1) followed by English (L2) than …

The Tumor Suppressor Pkcδ Is Critical For Uv-Induced G2/M Checkpoint Activation And Apoptosis, Edward Lewis Lagory

Dissertations

Protein kinase C delta (PKCδ) is an essential component of the intrinsic apoptotic program. Following DNA damage, such as exposure to UV radiation, PKCδ is cleaved in a caspase-dependent manner, generating a constitutively active catalytic fragment (PKCδ-cat) which is necessary and sufficient for keratinocyte (KC) apoptosis. We found that in addition to inducing apoptosis, expression of PKCδ-cat caused a pronounced G2/M cell cycle arrest in both primary human KCs and immortalized HaCaT cells. Consistent with a G2/M arrest, PKCδ-cat induced phosphorylation of Cdk1 (Tyr15), a critical event in the G2/M checkpoint. Treatment with the ATM/ATR inhibitor caffeine was unable to …

Philosophical Objection To The Optimal Tax Model, A , Linda Sugin

Faculty Scholarship

This article questions the normative power of the optimal tax model by examining assumptions made by the developer of that model, James Mirrlees' . It makes a case for moving beyond utilitarian conceptions of social welfare that are at the foundation of the optimal tax model, and that have become the dominant construct in tax policy analysis. In explaining why the Mirrlees assumptions are problematic, the Article argues for a nuanced, philosophical understanding of fairness that incorporates the role of taxation into a broader conception of a just society. A fair tax must satisfy the full range of demands that …

Neuroscience, Cognitive Psychology, And The Criminal Justice System, Deborah W. Denno

Faculty Scholarship

No abstract provided.

Gathering Moss: The Nrla's Resistance To Legislative Change , James J. Brudney

Faculty Scholarship

Why has the NLRA been so resistant to legislative change for more than 60 years? How was Congress able to enact two major labor relations laws within a 12-year period (1935 and 1947) but then unable to approve proposed reforms in the years since 1947? In an effort to answer these questions, the article closely examines contemporaneous newspaper accounts from the 1935 and 1947 legislative “successes” as well as from two more recent congressional “failures” in 1978 and 1992. The article’s examination proceeds based on an analytic framework borrowed from political scientist John Kingdon that posits a recurring interplay among …

Confirmatory Legislative History , James J. Brudney

Faculty Scholarship

Textualists and intentionalists regularly lock horns over the proper approach to construing statutory language regarded as inconclusive. The interpretive debate seems less contentious, however, when the words of the law are deemed clear. There may be reasonable disagreement as to whether the text at issue in a particular controversy has a plain meaning, but if it does then that meaning arguably preempts further inquiry. Since 1990, Supreme Court majority opinions are replete with declarations such as: "Given [a] straightforward statutory command, there is no reason to resort to legislative history"; or "we do not resort to legislative history to cloud …

Canon Shortfalls And The Virtues Of Political Branch Interpretive Assets Tribute Issue In Honor Of Philip P. Frickey: Festschrift, James J. Brudney

Faculty Scholarship

As a legislation scholar, Philip Frickey was present at the creation.I Along with his coauthor William Eskridge, Frickey reconceptualized the field of legislation and statutory interpretation. In doing so, he opened the door to an unparalleled period of inquiry and debate about the meaning of statutes, among both judges and academics. The Eskridge and Frickey casebook, published in 1988, was justly hailed by Judge Richard Posner as having "done for legislation what Hart and Sacks did for legal process, or Hart and Wechsler for federal courts: it has demonstrated the existence of a subject." Over the ensuing two decades, Frickey …

Reluctance And Remorse: The Covenant Of Good Faith And Fair Dealing With American Employment Law Good Faith And Fair Dealing In The Individual Employment Relationship, James J. Brudney

Faculty Scholarship

The covenant of good faith and fair dealing ("the covenant" or "Good Faith") is now an accepted feature of contractual relations in the United States. Essentially undeveloped until the 1960s, the obligation to act in good faith during contract performance and enforcement gained traction once it was written into the Uniform Commercial Code (UCC) and adopted by state legislatures. The covenant achieved broader recognition when included in 1981 as a new section in the Restatement (Second) of Contracts ("Restatement"). In the employment setting, however, the covenant has not fared nearly so well. The majority of states have declined to apply …

Coso Internal Control - Integrated Framework: Guidance On Monitoring Internal Control Systems, Volume Ii: Application, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin

Scholarly Works

This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.

The Tail Still Wags The Dog: The Pervasive And Inappropriate Influence By The Psychiatric Profession On The Civil Commitment Process, William Brooks

Scholarly Works

The imposition of substantive and procedural protections in the civil commitment process thirty years ago created the expectation that courts would scrutinize commitment decisions by psychiatrists more closely and serve as a check on psychiatric decision-making. This has not happened.

Today, psychiatrists continue to play an overly influential role in the civil commitment process. Psychiatrists make initial commitment decisions that often lack accuracy because they rely on clinical judgment only. Furthermore, many psychiatrists do not want legal standards interfering with treatment decisions, and the nebulous nature of the concept of dangerousness enables doctors to make pretextual assessments of danger. At …

Suspicion And The Protection Of Fourth Amendment Values, Fabio Arcila Jr.

Scholarly Works

Suspicion is perhaps the core foundational principle through which we seek to protect and vindicate Fourth Amendment values. Fourth Amendment law could not be clearer, and repeats over and over again, that it proceeds from a presumptive suspicion requirement. We are all so familiar with that proposition that we can easily incant it: a governmental search is presumptively unconstitutional unless supported by some threshold of prior suspicion. Though suspicion is thus a hallmark of Fourth Amendment black letter law, I come to critique it. I critique it because the presumptive suspicion requirement's provenance is historically questionable, both as a matter …

Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein

Scholarly Works

No abstract provided.

Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael Lewyn

Scholarly Works

No abstract provided.

Federal Governmental Power: Preemption From The October 2008 Term (Twenty-First Annual Supreme Court Review & Selected Excerpts: Practicing Law Institutes Twenty-Sixth Annual Section 1983 Civil Rights Litigation Program), Eileen Kaufman

Scholarly Works

No abstract provided.

Birmingham's Jewish Women And Social Reform 1880-1980, Kaye Cochran Nail

All ETDs from UAB

Many historians and scholars have argued that Jewish women kept a low profile during periods of southern social reform since the late nineteenth century. This thesis reveals a little known pattern of activism among some Birmingham Jewish women, encompassing many trends of social change over one hundred years, from 1880 to 1980. Nineteenth century Jewish women immigrants and migrants brought to the South a social conscience rooted in the traditions of their Jewish faith. They mentored their daughters, sisters, and neighbors in the ways of community goodwill. During the Progressive Era, their numbers and voices grew in the public sphere, …

On The Nexus Of Socialism And Evolution, Allison Grace Krause

Undergraduate Theses and Senior Projects

No abstract provided.

Alpha-1a Adrenergic Receptor Stimulation Reduces Anxiety In Mice, Elizabeth Joan Luger

Undergraduate Theses and Senior Projects

No abstract provided.

Exploratory Study To Examine Campus Security Methods To Prevent Or Minimize An Active Shooter, Katelyn Shea

Undergraduate Theses and Senior Projects

No abstract provided.

Table Of Contents

Georgia Law Review

No abstract provided.

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 …

Putting The Community Back Into The "Community Benefit" Standard, Jessica Berg

Georgia Law Review

Disputes about tax exemption for hospitals are occurring all over the country. Local tax authorities have revoked tax- exempt status for some hospitals. State governments are considering whether to require minimum amounts of charity care in exchange for tax exemption. Congress is debating whether hospitals should remain a part of the nonprofit sector at all. At the same time, uninsured individuals are suing hospitals for unfair billing and collection practices. Creative accounting and expansive definitions of "free" care have led to a variety of non ideal practices by hospitals in order to balance their bottom line, while maintaining tax-exempt status. …

The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation, Christopher J. Churchill

Georgia Law Review

American health care reform has drawn both impassioned critics and vociferous supporters. Although underinsured and uninsured Americans face a dire plight, the mentally ill-even those with private health insurance-confront even greater hurdles. While drawing substantially less outcry, many insurance plans place limits on mental illness coverage that do not apply to physical illnesses. Though Congress recently passed the Mental Health Parity and Addiction Equity Act of 2008 (the MHPAEA), it did not solve the problem. The MHPAEA eliminates some disparity-such as higher deductibles for mental health treatment-but still allows insurers to impose unequal annual coverage limits. Furthermore,the MHPAEA shares the …

The Federal Rules Of Civil Procedure And Legal Realism As A Jurisprudence Of Law Reform, David Marcus

Georgia Law Review

Since the 1930s, legal realism has weathered claims that its adherents had no use for legal rules and lacked a positive program of law reform. This Article uses the Federal Rules of Civil Procedure, the major procedural reform of the twentieth century, to illuminate more accurately the treatment of rules in realism as well as its constructive potential. It draws upon the published and unpublished writings of Charles Clark, the primary author of the Federal Rules and a leading realist, to describe a realist procedural jurisprudence and to explain why the Federal Rules neatly illustrate this jurisprudence in practice. Part …

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 …

Implications Of Discovering Unreported Income, Improper Deductions, And Hidden Assets Upon A Taxpayer's Death, Jay A. Soled

Georgia Law Review

Death commonly opens windows into taxpayers' lives and sheds light on items that were previously kept hidden or tightly guarded. This light sometimes reveals that the decedent failed to report income, took improper deductions, or held undisclosed assets-factors that have historically contributed to the size of the "tax gap," i.e., the difference between what taxpayers owe in taxes and what they actually pay. This Article explores the implications of these postmortem discoveries for executors, who must administer the decedent's estate; estate beneficiaries,who are recipients of the estate's assets; and tax practitioners,who are called upon to lend technical assistance. Beyond describing …

"I'M Not Gay, M'Kay?": Should Falsely Calling Someone A Homosexual Be Defamatory?, Haven Ward

Georgia Law Review

This Article argues a statement misidentifying a personas homosexual should be deemed not defamatory as a matter of law. Whether a statement is defamatory changes as social mores and policies evolve, such that a statement deemed defamatory in the past may not be defamatory now. For example, historically, courts deemed statements misidentifying a person as homosexual defamatory per se. As society's opinion of homosexuality began to improve, courts instead required proof of special damages for a plaintiff to maintain a defamation action for such statements. No American court, however, has yet held that such a statement is not defamatory as …