Digital Commons Network^™

Asian Americans And The Road To The White House: Musings On Being Invisible, Robert S. Chang

Faculty Articles

In October 1993, the Asian Law Journal published its inaugural issue, featuring its first article entitled "Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space." I ASIAN L.J. 1 (1993). With this opening salvo, the Asian Law Journal (now the Asian American Law Journal) launched only the second law journal in the United States dedicated to Asian American Jurisprudence. The author of this landmark article is none other than Professor Robert S. Chang, one of the most recognized figures in Asian American Jurisprudence and Critical Race Theory. To celebrate the fifteen years since the publication of …

Physician-Assisted Suicide And Dementia: The Impossibility Of A Workable Regulatory Regime, John B. Mitchell

Faculty Articles

Currently, four-and-a-half million Americans are afflicted with Alzheimer’s Disease, accounting for roughly half the cases of adult dementia, and fourteen million cases are projected by mid-century. With the coalescence of the baby boomers, managed health care, and increasingly scarce health care resources, our society must brace to face a social and legal policy challenge of enormous importance and complexity. In this circumstance, the inevitable call for access to physician-assisted suicide, likely triggered through some form of living will, will need to be considered within a context far different than the current focus of the assisted-suicide debate on terminal illness. Asserting …

Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James Puckett

Faculty Articles

Tax scholarship has long struggled with whether married taxpayers should be taxed differently from unmarried taxpayers. Currently, married taxpayers are subject to different tax rates than unmarried taxpayers, and may file a joint tax return. A married couple may pay a higher or lower amount of tax than an unmarried couple with the same total income, and a single person generally pays more tax on a given income than a married couple with a single earner with the same income. These outcomes are difficult to reconcile with a commitment to income tax progressivity, which in theory requires that higher incomes …

On (Cr)Edibility: Why Food In The United States May Never Be Safe, Denis Stearns

Faculty Articles

Most critiques of regulation are premised on the concepts of “free markets” and “market failures” as justifying, or not, the need for government interventions and control of the marketplace. Using the market for food as an example, this article questions not only the possibility of a buyer being a free actor when buying food, but also whether it is meaningful to speak in terms of a “free” market at all. One centerpiece of this questioning is the author’s coining of the term “(cr)edibility” to stand for the twinned ideas of credibility and edibility as defining the nature of all commercial …

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 …

Functionality, Parsimony, Discovery, Avoiding Hamartia: How Evolutionary Perspectives Are Changing Psychology, Brooke N. Jenkins, Aaron T. Goetz

Psychology Faculty Articles and Research

Evolutionary psychology offers an important perspective to scientific psychology. Evolutionary psychology, in its short existence, has added an abundance of knowledge to the social sciences, let alone psychology. The study of human cognition and behavior remains incomplete without an evolutionary perspective. Here, we argue that evolutionary psychology uniquely provides a complete understanding of scientific psychology because it explains the functions of our psychological traits, provides us with the most parsimonious explanation of many psychological phenomena, predicts undocumented phenomena, and possibly allows us to avoid the downfalls of some of our contemptible evolved psychological mechanisms.

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 …

Engineering The Endgame, Ellen D. Katz

Michigan Law Review

This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions. The Article seeks …

When A Company Confesses, Christopher Jackson

Michigan Law Review

Under the Federal Rules of Criminal Procedure, a defendant is normally obligated to attend all of the proceedings against her. However Rule 43(b)(2) carves out an exception for organizational defendants, stating that they "need not be present" if represented by an attorney. But on its face, the language of 43(b)(2) is ambiguous: is it the defendant or the judge who has the discretion to decide whether the defendant appears? That is, may a judge compel the presence of an organizational defendant? This Note addresses the ambiguity in the context of the plea colloquy, considering the text of several of the …

Pleading With Congress To Resist The Urge To Overrule Twombly And Iqbal, Michael R. Huston

Michigan Law Review

In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court changed the rhetoric of the federal pleading system. Those decisions have been decried by members of the bar, scholars, and legislators as judicial activism and a rewriting of the Federal Rules of Civil Procedure. Such criticism has led members of both houses of Congress to introduce legislation to overrule the decisions and return to some variation of the "notice pleading" regime that existed before Twombly. This Note argues that both of the current proposals to overrule Twombly and Iqbal should be rejected. Although the bills take different …

Front Matter

Michigan Law Review

No abstract provided.

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Michigan Law Review

Part I of our Review discusses the central premises of Understanding Privacy, with particular attention paid to Solove's pragmatic methodology and his taxonomy of privacy. We introduce his pluralistic approach to conceptualizing privacy, which urges decision makers to assess privacy problems in context, and we explore his view that meaningful choices about privacy depend on an appreciation of how privacy benefits society as a whole. We also describe how Solove's taxonomy aims to account for the variety of activities that threaten privacy. In Part II, we analyze the strengths of Solove's pragmatism by demonstrating its functionality and flexibility in …

Structure And Precedent, Jeffrey C. Dobbins

Michigan Law Review

The standard model of vertical precedent is part of the deep structure of our legal system. Under this model, we rarely struggle with whether a given decision of a court within a particular hierarchy is potentially binding at all. When Congress or the courts alter the standard structure and process offederal appellate review, however, that standard model of precedent breaks down. This Article examines several of these unusual appellate structures and highlights the difficulties associated with evaluating the precedential effect of decisions issued within them. For instance, when Congress consolidates challenges to agency decision making in a single federal circuit, …

Front Matter

Michigan Law Review

No abstract provided.

Commerce, Jack M. Balkin

Michigan Law Review

This Article applies the method of text and principle to an important problem in constitutional interpretation: the constitutional legitimacy of the modem regulatory state and its expansive definition of federal commerce power Some originalists argue that the modem state cannot be justified, while others accept existing precedents as a "pragmatic exception" to originalism. Nonoriginalists, in turn, point to these difficulties as a refutation of originalist premises. Contemporary originalist readings have tended to view the commerce power through modem eyes. Originalists defending narrow readings offederal power have identified "commerce" with the trade of commodities; originalists defending broad readings of federal power …

New Pleading, New Discovery, Scott Dodson

Michigan Law Review

Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual insufficiency often is a poor proxy for meritlessness. Some plaintifs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is …

Front Matter

Michigan Law Review

No abstract provided.

Front Matter

Michigan Law Review

No abstract provided.

Racial /Ethnic Disparities In Hypertension In United States Residents: A Cross-Sectional Study Of Potential Explanatory Covariates, Franklin I. Opara

Walden Dissertations and Doctoral Studies

Racial/ethnic disparities persist in hypertension (HTN) prevalence in the United States, and African Americans are disproportionately affected. The incidence is more than two-folds in African Americans compared to Caucasians, and mortality is highest among African Americans. Understanding the risk factors in HTN and how these factors vary across racial/ethnic groups is essential to reducing the mortality among African Americans. This study examined the prevalence of HTN among a sample non-institutionalized U.S. residents (N = 30,852), assessed racial/ethnic disparities and determined factors associated with racial/ethnic variance in HTN. A cross-sectional design was used to address these aims, utilizing the National Health …

Managing Health Care In A Libyan Public Hospital: A Case Study, Alexandria K. Osborne

Walden Dissertations and Doctoral Studies

Libyan citizens who can afford private health care are opting out of the public health care system. They have a perception that the quality of public health care has deteriorated. The negative perceptions have resulted in a lack of trust by many of Libyan's citizens in the Libyan public health care system and consequently to unequal access to quality health care. The purpose of this study was to identify the factors that have led to the negative perceptions and mistrust. The conceptual support for the study was based on a construct of trust that defines trust as the state of …

A Phenomenological Examination Of The Influence Of Culture On Treating And Caring For Hispanic Children With Autism, Lynette Estrada

Walden Dissertations and Doctoral Studies

The purpose of this phenomenological study was to explore and describe the influence culture has on the decisions Hispanic parents make to aid their children with autism. The research problems addressed are the influences culture may have on how professionals and external family members affect the choices parents make. Cultural and family systems theories formed the conceptual framework for the study. Researchers have found that cultural factors may lead to lower rates of diagnosis in Hispanic children with autism and parents' lack of knowledge of therapies and practices used to treat autism spectrum disorder (ASD). Five research questions guided this …

The Experience Of Students Who Identify As Jewish And Greek : Influences On Spiritual Development, Alexandra D. Froehlich

University of the Pacific Theses and Dissertations

Seven percent of the national four year college population is involved in Greek Life (Microsoft Encarta Online Encyclopedia, 2008, ~5) with over sixty percent on some campuses (Finkel, 201 0). An often unexamined aspect of collegiate learning pertaining to this context is students' spiritual development, yet this is a vital part of a student's life throughout college and critical to whole student learning (Love & Talbot, 2005). Students report a high level of interest in spiritual activities while struggling with existential questions on a regular basis (Higher Education Research Institute, 2003). Most social fraternities and sororities embrace Christian ideals, making …

On Universal Algebra Over Nominal Sets, Alexander Kurz, Daniela Petrişan

Engineering Faculty Articles and Research

We investigate universal algebra over the category Nom of nominal sets. Using the fact that Nom is a full re ective subcategory of a monadic category, we obtain an HSP-like theorem for algebras over nominal sets. We isolate a `uniform' fragment of our equational logic, which corresponds to the nominal logics present in the literature. We give semantically invariant translations of theories for nominal algebra and NEL into `uniform' theories and systematically prove HSP theorems for models of these theories.

Bitopological Duality For Distributive Lattices And Heyting Algebras, Guram Bezhanishvili, Nick Bezhanishvili, David Gabelaia, Alexander Kurz

Engineering Faculty Articles and Research

We introduce pairwise Stone spaces as a natural bitopological generalization of Stone spaces—the duals of Boolean algebras—and show that they are exactly the bitopological duals of bounded distributive lattices. The category PStone of pairwise Stone spaces is isomorphic to the category Spec of spectral spaces and to the category Pries of Priestley spaces. In fact, the isomorphism of Spec and Pries is most naturally seen through PStone by first establishing that Pries is isomorphic to PStone, and then showing that PStone is isomorphic to Spec. We provide the bitopological and spectral descriptions of many algebraic concepts important for the study …

The Vitality Of The American Sovereign, Todd E. Pettys

Michigan Law Review

The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither a bloody revolution nor …

Loose Papers 1, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes,

• Shaikh, A. (2010, June 28). Typed and handwritten notes for KALW Radio interview with Malihe Razazan on EU/US policies, G-20 meetings, and the neoliberal narrative [Interview preparation notes]. Manuscript in possession of the author.

• Shaikh, A. (2010). Handwritten notes for KALW Radio interview mentioning Rose Aguilar, Costas Panayotakis, and Adrian Brown [Interview preparation notes]. Manuscript in possession of the author.

• Shaikh, A. (n.d.). Figure 8: Real GDP growth, 1929–1942 [Chart]. Manuscript in possession of the author.

• Shaikh, A. (n.d.). Government spending growth, 1929–1941 [Chart]. Manuscript in possession of the author.

• Shaikh, A. …

Responses To Tax Treaty Shopping: A Comparative Evaluation, David G. Duff

All Faculty Publications

Over the last 40 years, the world has experienced exponential growth in international trade and investment, as well as the number of bilateral tax treaties which now number roughly 3,000. As the globalization of economic activity has greatly increased opportunities for tax avoidance and evasion, so also has the expansion of the international tax treaty network increased opportunities for taxpayers to take advantage of domestic tax rules and bilateral tax treaties by arranging their affairs in ways that reduce taxes otherwise owing or eliminate them altogether. Regarding many of these arrangements as abusive treaty shopping, the OECD and several member …

Charities And Terrorist Financing, David G. Duff

All Faculty Publications

A decade after the bombing of Air India Flight 182 in June 1985, many Canadians were shocked to learn that the Babbar Khalsa Society – a militant organization dedicated to the establishment of an independent state in northern India, members of which are believed to have planned the Air India bombing – had been granted charitable status in Canada. Although the organization’s charitable status was revoked in 1996, reports also suggested that funds collected to support Sikh temples in Canada may have been diverted to support Sikh militancy in India. This article examines the relationship between charities and terrorist financing …