Digital Commons Network^™

The Family Capital Of Capital Families: Investigating Empathic Connections Between Jurors And Defendants' Families In Death Penalty Cases, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Religiosity In Adolescence And Emerging Adulthood, Carolyn Mcnamara Barry, Larry J. Nelson

Faculty Publications

According to IEA Civic Education Study, approximately half of American adolescents participate in religious groups (Torney-Purta et al. 2001) and half of American 18–24-year-olds report religious beliefs to be important (Inglehart et al. 2004). Thus, religious experiences are an important aspect of the lives of many adolescents and emerging adults (approximately ages 18 to the mid-20s) in the USA. Specifically, adolescents are fully immersed in identity exploration and ideally resolve this search in emerging adulthood. They embark on a quest to solidify their values and beliefs about countless issues, including religiosity. This essay will review the literature on religiosity among …

Corporate Social Responsibility And Firm Compliance: Lessons From The International Law-International Relations Discourse, Christiana Ochoa

Articles by Maurer Faculty

There has been a long and fruitful discourse between and among legal academics and political scientists, known as international law (IL)-international relations (IL) scholarship. A great deal of that scholarship has discussed the effectiveness of particular IL regimes, usually as part of a larger discourse regarding the question of compliance with IL or international institutions, more generally, including agreed norms and soft law. This field of IL-IR scholarship has taken a fairly Westphalian and Weberian view of international law and of international relations, viewing states as the subjects of international law and, thus, seeing states as its subjects of study. …

Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks

Articles by Maurer Faculty

The critical conservation objectives in some conservation easements will probably be compromised by the effects of climate change in the relatively near future. Prompted to consider that likelihood, we can similarly predict that landscape fragmentation, invasive species, and other catastrophes— anthropogenic and natural—may also seriously diminish the capacity of particular parcels of land to serve narrowly defined conservation purposes, and especially, the conservation of a particular element of biodiversity.

Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón

Articles by Maurer Faculty

No abstract provided.

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Georgia Law Review

Criminal procedure has undergone several well-
documented shifts in its doctrinal foundations since the
Supreme Court first began to apply the Constitution's
criminal procedure protections to the states. This Article
examines the ways in which the political economy of
criminal litigation-specifically, the material conditions
that determine which litigants are able to raise criminal
procedure claims, and which of those litigants' cases are
appealed to the United States Supreme Court-has
influenced these shifts. It offers a theoretical framework
for understanding how the political economy of criminal
litigation shapes constitutional doctrine, according to
which increases in the number of indigent defense
organizations …

Promoting Employee Voice In The American Economy: A Call For Comprehensive Reform, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

It has become apparent that there are serious deficiencies in the American model of production. Our model of corporate governance has recently come under intense scrutiny in the academic literature and the popular press. There are increasing concerns that American corporations are too focused on short-run profits and stock prices, at the expense of long-term strategies and investments that would benefit the long-run value of the firm, employees, and the American economy at large. In the pursuit of short-run shareholder interests, American corporations have bestowed on senior executives enormous compensation packages that seem increasingly divorced from any notion of rationality, …

What Mcdonald Means For Unenumerated Rights, A. Christopher Bryant

Georgia Law Review

In June a splintered Supreme Court held in McDonald
v. City of Chicago that the Second Amendment applied to
state and local governments. But the case was about

much more than handguns. It presented the Court with
an unprecedented opportunity to correct its own erroneous
precedent and revive the Fourteenth Amendment's
Privileges or Immunities Clause. The plurality declined
the offer not, as Justice Alito's opinion suggested, out of a
profound respect for stare decisis, but rather because at
least four Justices like the consequences of that ancient
error, especially insofar as unenumerated rights are
concerned. This observation in turn raises …

On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler

Articles by Maurer Faculty

Part I of this essay outlines a neo-Aristotelean theory of political virtue, an instance of virtue generally, that serves as the basis of excellent citizenship in the polis. As such, political virtue contributes its share to the achievement of eudaimonia, or the fulfillment of an individual’s natural, human function. In fact, political virtue is especially important because people are political beings, i.e. they seek the good most comprehensively in the context of association with others. Therefore, Aristotle describes politics as the master science of the supreme good, because politics orders the community of the polis and thereby establishes the norms …

Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Scholarly Works

No abstract provided.

Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance And Federal Quiet Acquiescence, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Sixteen states and the District of Columbia currently permit the medical use of marijuana, yet state statutes fail to account for the challenges that confront municipal planners and officials whose agenda includes public health, safety and welfare of residents, including minor children. The intensity of the problem is perhaps most evident in Los Angeles, where there are approximately 800 dispensaries. Varying statutory approaches are provided for individuals to legitimately acquire the drug - they may grow it themselves, they may obtain it from their primary caregiver, or they may obtain it from a licensed dispensary. This raises a number of …

Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials.

The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …

Regulating Controversial Land Uses, Patricia E. Salkin

Scholarly Works

While the definition of what may constitute a controversial land use differs from community to community, the bottom line is that land use controls have been attempting to regulate these uses since the advent of zoning (and through nuisance law before that). When regulating many types of controversial land uses, constitutional issues may come into play and federal and state preemption issues may arise. However, local governments typically have wide discretion in designing standards and regulations for many types of controversial uses. This article explores four typically controversial uses - off-campus fraternity and sorority housing, tattoo parlors, medical marijuana and …

A Transformational Melancholy: One Law Professor's Journey Through Depression, Marjorie A. Silver

Scholarly Works

In the fall 2007 issue of the Journal of Legal Education, Professor James Jones shared his deeply personal, remarkable, ongoing, story of living, struggling and succeeding as a law professor with bipolar disorder (James T.R. Jones, Walking the Tightrope of Bipolar Disorder: The Secret Life of a Law Professor, 57 J. LEGAL ED. 349 (2007). His essay ended with an invitation to other members of the legal academy to contact him or Professor Elyn Saks, author of an extraordinary memoir about her life with schizophrenia, (ELYN R. SAKS, THE CENTER CANNOT HOLD (2007)) if interested in forming a confidential support …

Post-School Data Collection Question Bank, Ryan O. Kellems Ph.D., Charlotte Y. Alverson, Deanne Unruh, Dawn A. Rowe

Faculty Publications

States must collect and report post-school outcomes of youth with disabilities as defined in the SPP/APR Indicator #14, specifically: “Percent of youth who are no longer in secondary school, had IEPs in effect at the time they left school, and were: A. Enrolled in higher education within one year of leaving high school. B. Enrolled in higher education or competitively employed within one year of leaving high school. C. Enrolled in higher education or in some other postsecondary education or training program; or competitively employed or in some other employment within one year of leaving high school.” (20 U.S.C. 1416(a)(3)(B))

Insite: Site And Sight (Part 1 - Insights On Insite), Margot Young

All Faculty Publications

The Insite case is a great study for students of constitutional law. The twinning of a claim of inter-jurisdictional immunity - in a somewhat novel application to provincial jurisdiction - to the assertion by some of Canada's most marginalized citizens of the fundamental freedoms of life, liberty, and security of the person delivers a compact and compelling recitation of basic features of Canada's constitutional landscape. The case is set in the landscape of the Vancouver's Downtown East-side (DTES) - a geography of spatial outcomes that reflects balances of economic and social power and displacement. This place has a specific demography …

The Development Of Psychometrically Equivalent Cantonese Speech Audiometry Materials, Shawn L. Nissen, Richard W. Harris, Ron W. Channell, Brooke Conklin, Misty Kim, Lena Wong

Faculty Publications

Objective: The aim of this study was to develop and psychometrically evaluate speech audiometry materials that can be used to measure word recognition (WR) and speech recognition testing (SRT) in quiet for native speakers of Cantonese. Study Sample: Commonly used bisyllabic and trisyllabic Cantonese words were digitally recorded by native male and female talkers and then evaluated by twenty normal-hearing Cantonese listeners. Design: The recorded bisyllabic words were psychometrically evaluated and arranged into four WR lists and eight half-lists that are relatively homogeneous in audibility. Using logistic regression, SRT materials were developed by selecting 28 trisyllabic words with relatively steep …

Portrayals Of Bullying In Childr Als Of Bullying In Children’S Pictur S Picture Books And Implications E Books And Implications For Bibliotherapy, Tina Dyches, Emily Moulton, Melissa Allen Heath, Mary Anne Prater

Faculty Publications

Bullying, a serious issue in today’s schools, negatively impacts children. This article summarizes research and emphasizes the need for effective tools, such as bibliotherapy, to deter bullying. To assist professionals in selecting books for bibliotherapy, 38 bully-themed children’s K-3 picture books ranked 1- 4 by The Horn Book Guide (HBG) from January 1, 2004 through January 1, 2010 were analyzed. Comparisons were made between the selected books’ portrayals of bullying and aspects of bullying, and bully prevention described in research literature. Information was summarized, including the following details: (a) gender of bully and victim, (b) type of bullying, (c) location …

Using Pedometers In Physical Education Teacher Education (Pete) Programs, Robert Christenson, David C. Barney

Faculty Publications

Pedometers have been found to be a valuable teaching tool in physical education class at almost every level of education (Scruggs, Beveridge, Eisenman, Watson, Shultz & Ransdell, 2003). While there are a variety of different pedometer styles, shapes and sizes, the information that can be compiled from each can be just as different. The basic pedometer can measure steps taken, distance, time a person is in activity, calories burned and a few other fundamental measures. In addition, some pedometers record heart rate, have time-of-day displays, are weather resistant, have alternate metric capabilities and provide easy-to-read displays. There has been a …

Cooperating Teacher's Expectations For Student Teachers During The Student Teaching Experience In Physical Education, Robert Christenson, David C. Barney

Faculty Publications

The student teaching experience is important. The student teacher wants to be successful during their student teaching experience. Part of working successfully with the cooperating teacher can greatly impact a student teacher's success. The purpose of this study was to investigate school based cooperative teachers' experiences with student teachers for the purpose of better preparing physical education teacher education majors for their student teaching. For this study 100 experienced physical educators were surveyed to find out what student teachers should expect to do to be successful when student teaching. One of the main findings from this study was for student …

Traditional Treatment And Altered Auditory Feedback Lead To Intelligibility Benefits In A Subset Of Speakers With Parkinson Disease, Christopher Dromey

Faculty Publications

Because relatively little evidence has been published that compares the long-term effects of different dysarthria treatments, the authors undertook a study to document changes in speech rate and intelligibility in response to two types of intervention. Rate control is taught in many speech-language pathology training programs as a means to improve speech intelligibility, and thus it was a logical choice for the present study. Likewise, AAF has been shown to impact both normal and disordered speech, in most cases resulting in reduced rate. In theory, either approach should have a positive effect on speech, since individuals with neuromotor control deficits …

Drilling For Micro-Foundations Of Human Capital Based Competitive Advantages, Russell Coff, David Kryscynski

Faculty Publications

From the origins of the Resource Based View, scholars have emphasized the importance of human capital as a source of sustained competitive advantage and recently there has been great interest in gaining a better understanding of the micro-foundations of strategic capabilities. Along these lines, there is little doubt that heterogeneous human capital is often a critical underlying mechanism for capabilities. Here, we explore how individual level phenomena underpin isolating mechanisms that sustain human capital-based advantages but also create management dilemmas that must be resolved in order to create value. The solutions to these challenges cannot be found purely in generic …

A History Of Mormon Catechisms, Kenneth L. Alford Ph.D.

Faculty Publications

An overview of the use and influence of catechisms in Latter-day Saint (Mormon) history.

Simplifying Discovery And Production: Using Easy Frameworks To Evaluate The 2009 Term Of Cases, Eric R. Carpenter

Faculty Publications

No abstract provided.

The Mercury 2011

The Mercury

No abstract provided.

Choosing Justices: How Presidents Decide, Joel K. Goldstein

All Faculty Scholarship

Presidents play the critical role in determining who will serve as justices on the Supreme Court and their decisions inevitably influence constitutional doctrine and judicial behavior long after their terms have ended. Notwithstanding the impact of these selections, scholars have focused relatively little attention on how presidents decide who to nominate. This article contributes to the literature in the area by advancing three arguments. First, it adopts an intermediate course between the works which tend to treat the subject historically without identifying recurring patterns and those which try to reduce the process to empirical formulas which inevitably obscure considerations shaping …

The Affordable Care Act And Competition: Antidote Or Placebo?, Thomas L. Greaney

All Faculty Scholarship

In the run-up to its enactment, the Patient Protection and Affordable Care Act (ACA) elicited howls of protest from opponents who claimed the federal government was, “taking over,” the American healthcare system, “micromanaging,” medicine, and generally exposing the nation to the bête noire of, “socialized medicine.” Hyperbole, misrepresentation and chauvinism aside, these sound bites suffer from a deeper flaw: They mischaracterize the fundamental thrust of the new law. Though the law establishes significant new regulatory authority, this is neither a new development (indeed it can be faulted for preserving pre-existing regulatory regimes) nor does it impair market competition. To the …

Beyond The Veneer Of Strategic Philanthropy, Patricia Patrizi, Elizabeth Heid Thompson

The Foundation Review

· “Strategic philanthropy” has become a dominant theme among foundations in the past few decades.

· While many foundations have developed strategic plans, few have made the internal changes necessary to actually behave strategically.

· Four challenges to strategic philanthropy are identified, including strategies developed in isolation from grantees that execute them and misaligned foundation structures, processes, and cultures that do not support strategic endeavors.

· In order to get beyond the veneer of strategic philanthropy, foundation leaders need to be clearer about their own role in creating change, develop the strategic capacities to do so, and then apply those …