Digital Commons Network^™

The Use Of The Intent Doctrine To Expand The Rights Of Intended Homosexual Male Parents In Surrogacy Custody Disputes, Perri Koll

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of parental rights for homosexual male couples through surrogacy by promoting the intent doctrine and amending existing laws. It highlights the inconsistency in legal approaches across states and suggests that recognizing intended parenthood, regardless of sexual orientation, is essential for equality. The proposed solutions include adopting the intent doctrine nationwide and revising the Uniform Parentage Act to include same-sex couples.

Re-Evaluating Corporate Criminal Liability: The Doj’S Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian E. Dervan

Law Faculty Scholarship

This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …

Organizational Learning In Schools Pursuing Social Justice: Fostering Educational Entrepreneurship And Boundary Spanning, Martin Scanlan

College of Education Faculty Research and Publications

The field of socially just educational leadership is focused on promoting improvements in the teaching and learning environment as demonstrated by student learning gains, particularly for traditionally marginalized students. The field has identified priorities (i.e., school improvement, democratic community, and social justice) and steps to pursue these priorities (specific strategies school leaders can take and conditions they can foster). Building on this literature, this article examines organizational learning in school communities that claim to be pursuing these priorities. It argues that organizational learning is a lens for socially just educational leaders to link theory with practice and to shift their …

American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian E. Dervan

Law Faculty Scholarship

In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …

Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian E. Dervan

Law Faculty Scholarship

Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the …

Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian E. Dervan

Law Faculty Scholarship

In discussing imperfections in the adversarial system, Professor Ribstein notes in his article entitled Agents Prosecuting Agents, that “prosecutors can avoid the need to test their theories at trial by using significant leverage to virtually force even innocent, or at least questionably guilty, defendants to plead guilty.” If this is true, then there is an enormous problem with plea bargaining, particularly given that over 95% of defendants in the federal criminal justice system succumb to the power of bargained justice. As such, this piece provides a detailed analysis of modern-day plea bargaining and its role in spurring the rise of …

Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges

Law Faculty Publications

This Article begins by briefly describing how legal and political action has come to be a central strategy for labor unions. Next, it analyzes the ways in which the law has failed the labor movement, reviewing various laws that have been enacted to protect employees, often at the behest of unions, and how those laws have been perversely twisted to the detriment of workers. The Article, then, looks at unions and employee movements that have succeeded in the face of unfavorable laws and analyzes the determinants of those union successes. Finally, based on these strategies, the Article provides suggestions about …

The 2010 Elections: Illinois Still Blue Despite The Red Wave That Swept The Nation, John S. Jackson

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

No abstract provided.

Vico, Llewellyn And The Task Of Legal Education, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Price Includes Tax: Protecting Consumers From Tax-Exclusive Pricing, Hayes R. Holderness

Law Faculty Publications

This Note contributes to the debate regarding the behavioral effects of the salience of taxes on taxpayers by examining the impact of including the value of sales taxes in the displayed prices of goods. The Note concludes that consumers should make more beneficial decisions regarding consumption when the value of sales taxes is included in or with displayed prices.

The Origins Of The Privileges Or Immunities Clause, Part Ii: John Bingham And The Second Draft Of The Fourteenth Amendment, Kurt T. Lash

Law Faculty Publications

Historical accounts of the Privileges or Immunities Clause of Section One of the Fourteenth Amendment generally assume that John Bingham based the text on Article IV of the original Constitution and that Bingham, like other Reconstruction Republicans, viewed Justice Washington’s opinion in Corfield v. Coryell as the definitive interpretation of Article IV. According to this view, Justice Miller in the Slaughterhouse Cases failed to follow both framers’ intent and obvious textual meaning when he sharply distinguished Section One’s privileges or immunities from Article IV’s privileges and immunities.

This article, the second in an extended investigation of the origins of the …

Judicious Influence: Non-Self-Executing Treaties And The Charming Betsy Canon, Rebecca Crootof

Law Faculty Publications

Despite their seeming impotency, non-self-executing treaties play an important role in domestic jurisprudence. When a statute permits more than one construction, judges have a number of interpretive tools at their disposal. One of these is the Charming Betsy canon, which encourages judges to select an interpretation of an ambiguous statute that accords with U.S. international obligations -including those expressed in non-self-executing treaties. This Note concludes that the judicial practice of giving indirect force to all treaties through the Charming Betsy canon is both justified and beneficial.

Evolution Of Physical Therapy At The Medical College Of Virginia And Virginia Commonwealth University, Mary Snyder Shall

VCU University History Books

The Physical Therapy Department at Virginia Commonwealth University was founded in 1931 as part of the College of William and Mary’s Richmond division, becoming Virginia’s first program in the field of physical therapy. Through archived files, yearbooks and interviews with faculty and alumni, this book describes important events of the department’s first 80 years and highlights the faculty members and alumni who influenced the local and national development of the profession.

Top 10 Law School Home Pages Of 2010, Roger V. Skalbeck

Law Faculty Publications

This ranking report attempts to identify the best law school home pages based exclusively- on objective criteria. The goal is to assess elements that make websites easier to use for sighted as well as visually impaired users. Most elements require no special design skills, sophisticated technology or significant expenses.

Magnetic Shielding Studies For The Neutron Electric Dipole Moment Experiment At The Spallation Neutron Source, Susan Kate Malkowski

Theses and Dissertations--Physics and Astronomy

The neutron Electric Dipole Moment Experiment at the Spallation Neutron Source requires an overall magnetic shielding factor of order 10⁵ to attenuate external background magnetic fields. At present, the shielding design includes an external (room-temperature) multi-layer μ-metal magnetic shield, a cryogenic (4 Kelvin) Pb superconducting shield, and a cryogenic (4 Kelvin) ferromagnetic shield composed of Metglas ribbon. This research determined how to construct a Metglas shield using minimal material that produced axial and transverse shielding factors of ~267 and ~1500. In addition, the μ-metal and Metglas shields were modeled using finite element analysis. The FEA model includes external coils …

Back Matter, North American Bird Bander

North American Bird Bander

No abstract provided.

Back Matter, North American Bird Bander

North American Bird Bander

No abstract provided.

P16 Ink4a Immunocytochemistry On Cell Blocks As An Adjunct To Cervical Cytology: Potential Reflex Testing On Specially Prepared Cell Blocks From Residual Liquid-Based Cytology Specimens, Vinod B. Shidham, Ravi Mehrotra, George Varsegi, Krista L. D'Amore, Bryan Hunt, Raj Narayan

Department of Pathology

Background: p16 INK4a (p16) is a well-recognized surrogate molecular marker for human papilloma virus (HPV) related squamous dysplasia. Our hypothesis is that the invasive interventions and related morbidities could be avoided by objective stratification of positive cytologic interpretations by p16 immunostaining of cell block sections of cytology specimens.

Materials and Methods: Nuclear immunoreactivity for p16 was evaluated in cell block sections in 133 adequate cases [20 negative for intraepithelial lesion or malignancy, 28 high-grade squamous intraepithelial lesion (HSIL), 50 low-grade squamous intraepithelial lesion (LSIL), 21 atypical squamous cells, cannot exclude HSIL (ASC-H), and 14 atypical squamous cells of undetermined significance …

Regional Expression Of Hoxa4 Along The Aorta And Its Potential Role In Human Abdominal Aortic Aneurysms, John H. Lillvis, Robert Erdman, Charles M. Schworer, Alicia Golden, Kimberly Derr, Zoran Gatalica, Laura A. Cox, Jianbin Shen, Richard S. Vander Heide, Guy M. Lenk, Leigh Hlavaty, Li Li, James R. Elmore, David P. Franklin, John L. Gray, Robert P. Garvin, David J. Carey, Wayne D. Lancaster, Gerard Tromp, Helena Kuivaniemi

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

The infrarenal abdominal aorta exhibits increased disease susceptibility relative to other aortic regions. Allograft studies exchanging thoracic and abdominal segments showed that regional susceptibility is maintained regardless of location, suggesting substantial roles for embryological origin, tissue composition and site-specific gene expression.

Results

We analyzed gene expression with microarrays in baboon aortas, and found that members of the HOX gene family exhibited spatial expression differences. HOXA4 was chosen for further study, since it had decreased expression in the abdominal compared to the thoracic aorta. Western blot analysis from 24 human aortas demonstrated significantly higher HOXA4 protein levels in thoracic …

Arthur D. Austin, Erik M. Jensen

Case Western Reserve Law Review

No abstract provided.

Lessons From The Financial Crisis: Report Of The Asian Financial Regulatory Committee, Jeremy Choo Yong Goh, Sri Adiningsih, Maria S. Gochoco-Bautista

Research Collection Lee Kong Chian School Of Business

No abstract provided.

Understanding Investor Sentiment: The Case Of Soccer, Gennaro Bernile, Evgeny Lyandres

Research Collection Lee Kong Chian School Of Business

We examine the extent to which the stock market's inefficient responses to resolutions of uncertainty depend on investors’ biased ex ante beliefs regarding the probability distribution of future event outcomes or their ex post irrational reactions to these outcomes. We use a sample of publicly traded European soccer clubs and analyze their returns around important matches. Using a novel proxy for investors’ expectations based on contracts traded on betting exchanges (prediction markets), we find that within our sample, investor sentiment is attributable, in part, to a systematic bias in investors’ ex ante expectations. Investors are overly optimistic about their teams’ …

The Impact Of Underemployment On Individual And Organizational Performance, Michael Ramsay Bashshur, Ana Hernández, José María Peiró

Research Collection Lee Kong Chian School Of Business

The issue of underemployment is one of increasing concern for countries across the globe. For example, in the USA estimates have put the number of underemployed as high as 20.3%, while in Europe the number of overqualified workers (just one dimension of underemployment) has been estimated at 21.5% (Groot & Maassen van den Brink, 2000). Unfortunately, given the current global economic crisis, this situation can only be expected to worsen in the near future. The international labor pool is becoming more educated and qualified (Peiró, Agut, & Grau, 2010) while organizations worldwide are seeking the minimum effective level of human …

Do Individual Differences In Perceiving Situational Demands Moderate The Relationship Between Personality And Assessment Center Dimension Ratings?, Anne Jansen, Filip Lievens, Martin Kleinmann

Research Collection Lee Kong Chian School Of Business

This study contributes to research on assessment centers' (AC) external construct-related validity by investigating a potential moderator of the relationship between personality and AC dimension ratings. On the basis of recent insights in person-situation contingencies we hypothesized that individual differences in people's perception of situational demands moderate the relationship between personality and conceptually related AC dimension ratings. The hypotheses were tested with 108 individuals in two leaderless group discussion exercises. Results confirmed the hypotheses for two of the three traits (i.e., Agreeableness and Conscientiousness). In particular, people high on these traits who identified the situational demands received higher AC dimension …

Lifestyle And Demographic Correlates Of Poor Mental Health In Early Adolescence, Monique Robinson, Garth Kendall, Peter Jacoby, Beth P. Hands, Lawrence Beilin, Sven Silburn, Steve Zubrick, Wendy Oddy

Health Sciences Papers and Journal Articles

Aim: To determine the constellation of lifestyle and demographic factors that are associated with poor mental health in an adolescent population.

Methods: The Raine Study 14-year follow-up involved primary care givers and their adolescent children (n = 1860). The Child Behaviour Checklist (CBCL) was used to assess adolescent mental health. We examined diet, socio-demographic data, family functioning, physical activity, screen use and risk-taking behaviours with mental health outcomes using linear regression.

Results: Adolescents with higher intakes of meat and meat alternatives and ‘extras’ foods had poorer mental health status. Adverse socioeconomic conditions, higher hours of screen use and ever partaking …

Strategies For Preventing Prolonged Disability In Workers Compensated For Work Related Musculoskeletal Disorders: A Systematic And Comprehensive Literature Review, Iuliana Nastasia, Rodica Tcaciuc, Marie-France Coutu

États de la question, rapports d’expertise et revues de littérature

Les troubles musculo-squelettiques d'origine professionnelle (TMSOP) représentent un lourd fardeau économique pour notre société en raison du nombre sans cesse croissant de journées de travail perdues par un faible pourcentage de travailleurs dont l’incapacité au travail se prolonge. La prolifération continue des concepts dans le domaine de l'incapacité au travail, la diversité des interventions et des contextes de mise en œuvre, de même que les intérêts variés des intervenants impliqués dans le processus de réadaptation et de retour au travail (RAT) des travailleurs indemnisés pour TMSOP posent des défis de taille aux chercheurs et aux praticiens actifs dans le domaine …

A Quantitative Analysis And Natural History Of B. F. Skinner’S Coauthoring Practices, Todd L. Mckerchar, Edward K. Morris, Nathaniel G. Smith

Research, Publications & Creative Work

This paper describes and analyzes B. F. Skinner’s coauthoring practices. After identifying his 35 coauthored publications and 27 coauthors, we analyze his coauthored works by their form (e.g., journal articles) and kind (e.g., empirical); identify the journals in which he published and their type (e.g., data-type); describe his overall and local rates of publishing with his coauthors (e.g., noting breaks in the latter); and compare his coauthoring practices with his single-authoring practices (e.g., form, kind, journal type) and with those in the scientometric literature (e.g., majority of coauthored publications are empirical). We address these findings in the context of describing …

The Lion In Winter : Review Of Collected Works Of Ralph Waldo Emerson, Volume Viii: Letters And Social Aims Edited By Ronald A. Bosco, Glen M. Johnson, And Joel Myerson., Richard Deming

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

The recent publication by Harvard University Press of Ralph Waldo Emerson’s Letters and Social Aims, Volume VIII of the Collected Works, is in many ways the most important contribution of this ongoing project, which presents scholarly editions of one of America’s most central literary and philosophical figures. Among all of Emerson’s books, Letters and Social Aims is without a doubt the most vexed in terms of textual questions, coming as it did so late in his life and at the dimming of his powers. However, the volume also represents some of the finest, most necessary thinking of this shaper of …

Determining Impediments To Gene Flow In A Natural Population Of Cornus Florida L. Cornaceae, Using Integrative Landscape Genetic Techniques, Crystal Meadows

Theses and Dissertations

This study examined the impact intervening environment has on gene flow in the insect pollinated understory tree, Cornus florida L., by combining GIS and landscape genetic techniques (Least Cost Path Analysis, Circuit Theory, and Conditional Genetic Distance). Traditional population genetic analysis indicated pair-wise relatedness was significantly correlated to distance (Pearson; r = -0.312, P < 0.001) suggesting a spatial component to offspring relatedness. Dispersal throughout the study site was non-random, exhibiting a high degree of pollen pool structure due to restricted gene flow (Two-Generation Analysis; Φft = 0.161, P = 0.001). Forest structure was quantified in GIS layers representing coniferous canopies, mixed hardwood canopies, C. florida canopies, open understory (roads), and open understory/canopy due to tree removal. Of these layers, landscape isolation for the roads layer provided the best-fit model for describing genetic differentiation among sampled pollen pools (Mantel; r = 0.542, P = 0.001). These data also suggest that improved biological inferences can be gained by examining a range of landscape isolation models.

A Study On The Biochemical And Cellular Effects Of Enviormental Tobacco Smoke On Adult And Developing Rat Brain Biochemistry, Brian Fuller

Theses and Dissertations

Exposure to environmental tobacco smoke (ETS) has been recognized as a significant health risk for adults and children. In adults, ETS exposure has been linked to increased incidences of cardiovascular disease and dementia. In children, exposure has been linked to behavioral and cognitive deficits. Studies on the effects of ETS in the brain have been largely epidemiological, and have lacked a defined explanation of the molecular/biochemical effects of ETS. The present dissertation aims to test whether ETS exposure leads to altered biochemistry in the adult and developing mammalian brain. A rat ETS exposure model was employed to investigate changes at …