Digital Commons Network^™

Embracing The Affective Family: Tribute To Eve Kosofsky Sedgwick, Clare Huntington

Faculty Scholarship

Scholars are often quick to label the affective family a relic. Indeed, the description of this panel invites us to "return to the conventional understanding of the family as a primarily affective, altruistic, and solidaristic social domain," and then asks "[w]hat is to be done with this archaic remnant of separate spheres ideology?"' As this description accurately expresses, the separate spheres ideology demands that we bifurcate emotion and rationality, directing the former into the family and the latter into the market.

Although I reject the separate spheres ideology, I am not ready to disown the affective family. The corrective to …

The Emotional State And Localized Norms: Reply Piece, Clare Huntington

Faculty Scholarship

I am grateful to Professor Fineman for her probing and engaged response to my Article. I will take this opportunity to make explicit some of the implicit assumptions of the Article that Professor Fineman identifies as worthy of elaboration.

Familial Norms And Normality, Clare Huntington

Faculty Scholarship

Social norms exert a powerful influence on families. They shape major life decisions, such as whether to marry and how many children to have, as well as everyday decisions, such as how to discipline children and divide household labor. Emotion is a defining feature of these familial social norms, giving force and content to norms in contexts as varied as reproductive choice, parenting, and same-sex relationships. These emotion-laden norms do not stand apart from the law. Falling along a continuum of involvement that ranges from direct regulation to choice architecture, state sway over social norms through their emotional valence is …

Foreword, David M. Schizer

Faculty Scholarship

I would like to congratulate the editors and staff of the Columbia Journal of Tax Law on their inaugural edition. It is very exciting for me to participate in the birth of a new journal in an area of such importance to financial and economic policy.

Louis Henkin: Courage And Convictions, Lori Fisler Damrosch

Faculty Scholarship

Louis Henkin was a man of courage and of convictions. His students at Columbia, who engaged with him inside and outside the classroom during the course of five decades, had many opportunities to learn of his convictions, which were manifest in his teaching, writing and activism. But Henkin would not have spoken in the classroom of his own acts of courage, exemplified by (but not limited to) his combat service in the Second World War, nor would he have drawn attention to other personal virtues. This brief tribute (complementary to others being written by colleagues at Columbia for publication here …

Changing Media, Changing Courts, Benjamin L. Liebman

Faculty Scholarship

This chapter examines court-media relations in China and argues that such relations are increasingly a two-way street. Media coverage is forcing the courts to act more carefully — and perhaps fairly. But pressure from the courts is also resulting in greater attention to factual reporting and professional standards in the media. This interactive relationship reflects the position of the courts and media as institutions competing for authority within the Chinese political system. It also suggests that there is significant room for ground-up development of both media and the courts.

The first section discusses the growth of media coverage of legal …

Panel I: The Patent Landscape With Bilski On The Map, Jeanne C. Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy

Faculty Scholarship

Welcome to the 2009 Fordham Intellectual Property, Media and Entertainment Law Journal’s Symposium titled, “Functionality: At the Crossroads of IP.” My name is Regina Schaffer-Goldman, and I am the Editor-in- Chief of the 20th Volume of the Journal, which is more affectionately known as the IPLJ.

We are so pleased to see the culmination of many months of preparation today. It is the IPLJ’s 20th Anniversary Edition, and we wanted to commemorate this occasion with a fantastic Symposium. As you will see, we have assembled a truly all-star group of legal scholars and practitioners today.

Proportionality: An Assault On Human Rights: A Reply, Madhav Khosla

Faculty Scholarship

In a recent article in I•CON, Stavros Tsakyrakis presents a passionate critique of the proportionality test. Tsakyrakis regards proportionality as an illusory attempt to infuse objectivity into rights adjudication. Moreover, he posits that it necessitates weighing public interests against individual rights. Proportionality has emerged, globally, as the leading framework for evaluating rights violations. It serves as the uniform standard of rights review in jurisdictions as diverse as Israel, Germany, Canada, and South Africa. Remarkably, recent opinions by Justice Stephen Breyer of the United States Supreme Court indicate that the approach is gaining currency within America's constitutional jurisprudence. Considering proportionality's …

Differential Effects Of Personality Disorders On Treatment Outcome For Adult Patients With Adhd, Emily M. Tomer

PCOM Psychology Dissertations

Approximately seven million adults meet the diagnostic criteria for attention deficit/hyperactivity disorder (ADHD) and the prevalence rate is between 3.3 and 5.3%; however, these are likely underestimates because the diagnostic criteria are based on those originally devised for children, aged four to 17 years. Not only does this underdiagnosis cause a problem in making an accurate diagnosis, but also the high rate (65-89%) of psychiatric comorbidity complicates the situation, resulting in poorer treatment outcome for individuals with comorbid diagnoses, when compared with those who have no comorbid diagnoses. Therefore, the current study was designed to examine whether or not the …

The Effect Of Homesickness On Air Force Academy Cadets, Earl J. Banning

PCOM Psychology Dissertations

A slightly modified version of the Homesickness Questionnaire (HQ) was administered to 176 Air Force Academy cadets during the spring semester of 2010. Total HQ scores were positively correlated with cadet somatic complaints. Total HQ scores were negatively correlated with cadet Grade Point Average (GPA), but only for male cadets. Factor analysis of the HQ revealed two factors, as in previous studies, disliking the Academy and attachment to home. There were no significant correlations found between cadet HQ total score and Military Performance Average (MPA), Physical Education Average score (PEA), or number of demerits received. Cadets were less likely to …

A Case Study: Use Of Applied Behavior Analysis With An Austistic Adolescent, Evan Jaffe

PCOM Psychology Dissertations

Socialization between individuals is an important characteristic in human development. In individuals with autism, there is a profound deficit with social skills and with social reciprocity. Interventions and techniques are utilized to help enhance these skills. The purpose of this study was to examine the effects that Applied Behavior Analysis using discrete trials can have on the ability to elicit a spontaneous greeting in various settings by an adolescent male diagnosed with autism. This study analyzed data collected during a ten week intervention program. Behavior ratings reflected some uneven progress over the ten weeks, but significant improvements in the targeted …

Assessment Of Teachers’ Core Beliefs Related To Key Features Of Response To Intervention, Jacqlyn Tumolo Zarabba

PCOM Psychology Dissertations

The requirements of the No Child Left Behind Act require that schools are accountable for the outcomes of all students. Response to Intervention (RtI) provides a framework to assist in the actualization of this goal. This educational reform effort requires dramatically different functioning on the part of all school personnel, particularly teachers. In order for this model to be successful, researchers must acknowledge the primacy of teacher level factors, such as beliefs and attitudes related to core components of RtI. The purpose of this study was to examine the core beliefs of elementary-level teachers relative to foundational components of RtI, …

A Qualitative Study Examining Factors Related To Treatment Adherence In Persons With Long Qt Syndrome, Alison B. Steinhauser

PCOM Psychology Dissertations

Long QT syndrome (LQTS) is an electrophysiological disorder of the heart affecting as many as 1 in 2,000 persons. LQTS can result in potentially catastrophic and fatal arrhythmias in infants, children, adolescents, and adults. Maintaining adherence to treatment can decrease these negative outcomes and result in favorable quality of life in this population. The present study utilized a qualitative research design to examine and understand nonadherent and adherent behaviors in persons with LQTS. This study was part of a larger study and used a sample from an existing online LQTS user group message board consisting of 780 international members. A …

Climate Change And The Wto: Legal Issues Concerning Border Tax Adjustments, Henrik Horn, Petros C. Mavroidis

Faculty Scholarship

Climate change is a multi-faceted discussion: for the trading community, one of many contentious issues in the policy debate over how to deal with greenhouse gas (GHG) emissions is the appropriate role of Border Carbon Adjustments (BCAs)/Border Tax Adjustments (BTAs). The role of BCAs has been analyzed in a very large policy discussion literature, as well as in a significant number of academic writings in both law and economics. One can safely summarize the state of each of these literatures as bewildering: in the legal literature there is still no consensus as to whether such measures are legal under the …

Temporal Scales For Transport Patterns In The Gulf Of Finland, Bert Viikmae, Tarmo Soomere, Mikk Viidebaum, Mihhail Berezovski

Publications

The basic time scales for current-induced net transport of surface water and associated time scales of reaching the nearshore in the Gulf of Finland, the Baltic Sea, are analysed based on Lagrangian trajectories of water particles reconstructed from three-dimensional velocity fields by the Rossby Centre circulation model for 1987–1991. The number of particles reaching the nearshore exhibits substantial temporal variability whereas the rate of leaving the gulf is almost steady. It is recommended to use an about 3 grid cells wide nearshore area as a substitute to the coastal zone and about 10–15 day long trajectories for calculations of the …

Waves In Materials With Microstructure: Numerical Simulation, Mihhail Berezovski, Arkadi Berezovski, Juri Engelbrecht

Publications

Results of numerical experiments are presented in order to compare direct numerical calculations of wave propagation in a laminate with prescribed properties and corresponding results obtained for an effective medium with the microstructure modelling. These numerical experiments allowed us to analyse the advantages and weaknesses of the microstructure model.

Lawfare: A Rhetorical Analysis, Tawia Baidoe Ansah

Faculty Publications

This Article offers arhetoricalanalysis of the term "lawfare. " It examines the term within the context of its historical genesis, and reviews its evolving definition. Drawing upon insights from non-legal disciplines, the Article argues that rhetorically, "lawfare" indicates alternative and critical ways to think of law in relation to war.

Recovery Of An Endangered Provision: Untangling And Reviving Critical Habitat Under The Endangered Species Act, Kalyani Robbins

Faculty Publications

There has been long-term confusion among courts, agencies, developers, and environmental organizations regarding the legal, environmental, and economic impacts of designating critical habitat for species listed as threatened or endangered under the ESA. At the heart of this difficulty has been a need to understand the degree to which the protections for critical habitat can be distinguished from those for listed species generally. Critical habitat is primarily protected via section 7’s requirement that federal agencies consult with the Fish & Wildlife Service and the National Marine Fisheries Service to determine whether a proposed federal action either jeopardizes a listed species …

Faithful Agent, Integrative, And Welfarist Interpretation, Thomas W. Merrill

Faculty Scholarship

We are in the midst of a series of lively debates about how to interpret enacted laws such as written constitutions and statutes. In constitutional law, there is a spirited clash between "originalists" and "nonoriginalists". In the statutory arena, we have a three-way battle between "textualists," "intentionalists", and "pragmatists." A common feature of these contending schools is an insistence on a single, correct approach to interpretation. In this respect, however, each of these rival theories deviates from the Practice of interpretation. Real world interpreters – to a person – deploy a variety of interpretative methods when they seek to resolve …

Delegation And Judicial Review, Thomas W. Merrill

Faculty Scholarship

One of the subthemes in the delegation debate concerns the importance of judicial review. The Supreme Court has often upheld broad delegations to administrative actors and in so doing has pointed out that judicial review is available to safeguard citizens from the abuse of unconstrained government power. Broad delegations of power to executive actors are constitutionally permissible, the Court has suggested, in significant part because courts stand ready to assure citizens that the executive will discharge its discretion in a manner consistent with Congress's mandate and in a fashion that otherwise satisfies the requirements of reasoned decision making.

Administrative law …

The Business Improvement District Comes Of Age, Richard Briffault

Faculty Scholarship

It is difficult to say precisely when the business improvement district (BID) was born. BIDs emerged out of legal structures and concepts that date back many decades, but the specific BID form is a relatively recent development. By some accounts, the first BID in the United States was the Downtown Development District of New Orleans, which was established in 1975. Few BIDs were created before 1980, and in most places the surge in BID formation did not really get going until around 1990 – the year that Philadelphia's Center City District was first established. Although new BIDs were created on …

Skelos V. Paterson: The Surprisingly Strong Case For The Governor's Surprising Power To Appoint A Lieutenant Governor, Richard Briffault

Faculty Scholarship

On July 8, 2009, Governor David Paterson surprised New York's legal and political world by announcing his intention to appoint Richard Ravitch to fill the vacancy in the office of lieutenant governor. No New York governor had ever appointed a lieutenant governor before. Paterson's action was widely denounced as unauthorized and unconstitutional. Four months later, observers were even more astonished when the Court of Appeals in Skelos v. Paterson upheld the governor's action. This article explains why the governor and Court of Appeals were right to conclude that the governor had statutory and constitutional authority for his action. Indeed, the …

Why Lingle Is Half Right, Thomas W. Merrill

Faculty Scholarship

Lingle v. Chevron U.S.A. Inc. is a highly unusual decision in that it repudiated a legal doctrine that the Supreme Court itself had created. The Court was able to do this without overruling any prior decision because the repudiated doctrine-which condemned as a taking any regulation of property that fails to "substantially advance legitimate state interests" – had taken hold in the lower courts but had never been applied by the Court itself in support of a judgment. Lingle is also unusual in that there is no indication that the Court was motivated to jettison the doctrine because it was …

Making Social Rights Conditional: Lessons From India, Madhav Khosla

Faculty Scholarship

Recent years have witnessed important advancements in the discussion on social rights. The South African experience with social rights has revealed how such rights can be protected without providing for an individualized remedy. Comparative constitutional lawyers now debate the promise of the South African approach, and the possibility of weak-form judicial review in social rights cases. This article considers the Indian experience with social rights, and explains how it exhibits a new form of social rights adjudication. This is the adjudication of a conditional social right; an approach that displays a rare private law model of public law adjudication. This …

Focus Of Attention Influences Elite Athletes Sprinting Performance, Blake A. Sims

Research Papers

No abstract provided.

2010 - 104th Annual Summit, "Aliens & Light: Finding God In The Darkness", Abilene Christian University, Abilene Christian University

Lectureship and Summit Programs

No abstract provided.

Individualized Service Provision In The New Welfare State: Lessons From Special Education In Finland, Charles F. Sabel, Annalee Saxenian, Reijo Miettinen, Peer Hull Kristensen, Jarkko Hautamäki

Faculty Scholarship

The essay is four parts. Part 2 sets out the theoretical frame of the argument. It explains briefly why social solidarity increasingly depends on the provision of capacitating or enabling circumstances; why those services must increasingly be adapted to individual needs to be effective; and what is organizationally problematic (from the point of view of current theories of organization) about the success of countries such as Finland, Denmark and the US in delivering these services. It sketches two paths — a Nordic way, building on traditional professions, and a roundabout, US way, re-building broken bureaucracies originally intended as substitutes for …

Cost Awards In International Commercial Arbitration: Proposed Guidelines For Promoting Time And Cost Efficiency, Robert H. Smit, Tyler B. Robinson

Faculty Scholarship

This article offers specific guidelines for awarding costs in international commercial arbitration where the source of the arbitral tribunal’s authority to allocate costs – be it the parties’ arbitration agreement, applicable institutional arbitration rules, or otherwise – vests the tribunal, as is typically the case, with discretion. The guidelines proposed in this article are designed to encourage party choices that enhance international arbitration’s goals of time and cost effectiveness. Predictable (yet flexible) guidelines that serve international arbitration’s unique qualities should in turn serve to maximize the appeal of international commercial arbitration over its alternatives. It is anticipated that these guidelines …

The Treatment Of Isolationist Minorities, Gabriel Rauterberg

Faculty Scholarship

This Note examines what may be the most radical challenge posed by religious subcultures to the liberal politics of modern industrial nations – that of isolationist, nonliberal ( or even illiberal) religious minorities. These subcultures do not seek to integrate with mainstream society or gain power within it, but to withdraw in order to maintain norms widely discrepant from those that are socially dominant. They often seek to place restrictions upon their own members' freedom or activities, in part to maintain the group's differences from the greater society. These cultures, characterized by features as distinctive as collective property ownership, pacificism, …

The Energy Cost Of Nordic Walking, Steven John Carroll

Research Papers

No abstract provided.