Digital Commons Network^™

Faces Of Immigration Reform, Steven W. Bender

Faculty Articles

Recognizing the need for a sympathetic construction of immigrants as a precursor to comprehensive immigration reform that goes beyond enforcement prerogatives, this article surveys the various “faces” of immigration reform - both of advocates for progressive reform and the potentially sympathetic group images they wield. The article concludes that no image - whether of undocumented workers generally, farm laborers, immigrant children and Dreamers, or undocumented veterans - is poised to garner sympathy from voters and policymakers, particularly against the backdrop of the current economic crisis. Reform may hinge, then, on interest convergence so powerful that it transcends the prevailing negative …

Meeting Across The River: Why Affirmative Action Needs Race And Class Diversity, Deirdre M. Bowen

Faculty Articles

This paper is a response to Richard Sander’s latest work challenging the notion that race based affirmative action is still relevant and demanding that institutions of higher education consider class based affirmative action. To support his thesis, Sander conducts an empirical study on who benefits from affirmative action.

This Article is divided into three sections, each containing a critique of Sander’s arguments and analysis. First, I briefly reframe and reiterate the history of race and ethnicity in affirmative action’s origins to directly confront the assumption that Sander makes about what affirmative action’s original purpose entailed. The goal of Part I …

Matters Of Preference: Tracing The Line Between Citizens, Democratic States, And International Law, Mark A. Chinen, Lana J. Ellis

Faculty Articles

In this Article, we assess the role the aggregation of citizen preferences into the foreign policy choices of a democratic country might play in the legitimization of international law. After addressing some of the theoretical and empirical issues associated with such an approach, we use an anticipated reaction model developed by Michael Bailey to show that even in large democracies there are mechanisms through which citizen preferences can be and are reflected in the policy choices of their representatives.

Incumbents and candidates for office take policy positions in hopes of maximizing their future election chances. Although policymakers each have their …

Labor Values Are First Amendment Values: Why Union Comprehensive Campaigns Are Protected Speech, Charlotte Garden

Faculty Articles

Corporate targets of union “comprehensive campaigns” increasingly have responded by filing civil Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuits alleging that unions’ speech and petitioning activities are extortionate. These lawsuits are the descendants of the Supreme Court’s unexplained treatment of much labor speech as less worthy of protection than other types of speech. Starting from the position that speech that promotes democratic discourse deserves top-tier First Amendment protection, this article argues that labor speech--which plays a unique role in civil society--should be on an equal footing with civil rights speech. Thus, even if union advocacy qualifies as legal extortion, …

An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez

Faculty Articles

The free market reforms adopted by Mexico in the wake of the debt crisis of the 1980s and in connection with the North American Free Trade Agreement (NAFTA) have jeopardized the physical and cultural survival of Mexico’s indigenous peoples, increased migration to the United States, threatened biological diversity in Mexico, and imposed additional stress on the environment in the United States. Despite these negative impacts, NAFTA continues to serve as a template for trade agreements in the Americas. Unless this template is fundamentally restructured, future trade agreements may replicate throughout the Western hemisphere many of the economic, ecological and social …

Climate Change, Food Security, And Agrobiodiversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez

Faculty Articles

The global food system is in a state of profound crisis. Decades of misguided aid, trade and production policies have resulted in an unprecedented erosion of agrobiodiversity that renders the world’s food supply vulnerable to catastrophic crop failure in the event of drought, heavy rains, and outbreaks of pests and disease. Climate change threatens to wreak additional havoc on food production by increasing the frequency and severity of extreme weather events, depressing agricultural yields, reducing the productivity of the world’s fisheries, and placing pressure on scarce water resources. Furthermore, the climate crisis and the biodiversity crisis are occurring at a …

“Surplus Humanity" And The Margins Of Legality: Slums, Slumdogs, And Accumulation By Dispossession, Tayyab Mahmud

Faculty Articles

Marooned on the outskirts of the law, more than one billion people worldwide live in urban slums and squatter settlements, mostly in the global South. Law, extra-legality, and illegality commingle in urban slums to produce spaces and subjects at the margins of legal orders and formal economies. Three enduring and inter-related features of capitalism-accumulation by dispossession, a reserve army of labor, and an informal sector of the economy-produce and sustain urban slums. The genesis and persistence of slums and slum-dwellers testify to the iron fist of the state working in concert with the hidden hand of the market in the …

Is It Greek Or Déjà Vu All Over Again?: Neoliberalism And Winners And Losers Of International Debt Crises, Tayyab Mahmud

Faculty Articles

The global financial meltdown and the Great Recession of 2007-2009 have brought into sharp relief the uneven distribution of gain and pain during economic crises. The 2009-2010 debt crisis in Greece resulted in a windfall for financial institutions at the expense of taxpayers, a rollback of welfare systems, and the impoverishment of the working classes. This outcome is consistent with the pattern that has emerged in the international debt crises of the last three decades, including the Latin American crisis during the 1980s and the Asian crisis during the 1990s.

The recurrent international debt crises of the last three decades …

Neither A Model Of Clarity Nor A Model Statute: An Analysis Of The History, Challenges, And Suggested Changes To The “New” Article 120, Hon. Jack Nevin, Joshua R. Lorenz

Faculty Articles

No abstract provided.

Parental Precaution: Neurobiological Means And Adaptive Ends, Jennifer Hahn-Holbrook, Colin Holbrook, Martie G. Haselton

Psychology Faculty Articles and Research

Humans invest precious reproductive resources in just a few offspring, who remain vulnerable for an extended period of their lifetimes relative to other primates. Therefore, it is likely that humans evolved a rich precautionary psychology that assists in the formidable task of protecting offspring. In this review, we integrate precautionary behaviors during pregnancy and postpartum with the adaptive functions they may serve and what is known of their biological mediators, particularly brain systems motivating security and attachment. We highlight the role of reproductive hormones in (i) priming parental affiliation with young to incentivize offspring protection, (ii) focusing parental attention on …

Falling Through The Crack: How Courts Have Struggled To Apply The Crack Amendment To Nominal Career And Plea Bargain Defendants, Maxwell Arlie Halpern Kosman

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 …

A Green Board As A Climate-Change Imperative: Appointing A Climate-Change Expert To The Audit Committee, Porcher L. Taylor Iii, Harris L. Kay

School of Professional and Continuing Studies Faculty Publications

This article makes the innovative and timely case for a climate change imperative: a green board. Urgency is evident, with the arrival of "a fast-emerging new burden on board members to oversee their company's posture on climate change and to begin monitoring an area that, until now, has drawn scant attention in the boardroom."²¹ One major impetus for the proposal advocated in this Article is that there is apparently a dearth of green boards in corporate America.²² In contrast, European and Canadian companies appear to be at the vanguard of utilizing green boards.²³

Can Non-Invasive Sampling Determine The Inflammatory Status Of The Intra-Uterine Environment?, Daniel G. Kiefer Md, Sean M. Keeler Md, Jolene C. Muscat Md, Michael Demishev Md, Anthony M. Vintzileos Md, Nazeeh Hanna Md

Department of Obstetrics & Gynecology

No abstract provided.

Chinese Popular Opinion Towards The One Child Policy, Alyssa W. Yuen

Honors Theses

Alyssa W. Yuen: Chinese's Popular Opinion Towards the One Child Policy (Under the direction ofDr. Gang Guo)

The One Child Policy has been implemented since 1980, and is the world’s longest implemented population control policy. Popular opinion towards the policy is inevitable. This thesis attempts to explain the rationale behind the One Child Policy, the impacts the policy has had on China socially, economically, and environmentally, and the effects the policy has had on the Chinese population. The research question for this thesis is, "What affects Chinese popular opinion about the One Child Policy?”

The first section ofthis thesis illustrates …

Bermuda's Legacy: Policy, Patents, And The Design Of The Genome Commons, Jorge L. Contreras

Minnesota Journal of Law, Science & Technology

No abstract provided.

You're Doing It Wrong: How The Anti-Law School Scam Blogging Movement Can Shape The Legal Profession, Lucille A. Jewel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Policy-Induced Competition: The Case Of Cable Tv Set-Top Boxes, Ralitza A. Grigorova-Minchev, Thomas W. Hazlett

Minnesota Journal of Law, Science & Technology

No abstract provided.

Tempting The Sword Of Damocles: Reimagining The Copyright/Dmca Framework In A Ugc World, Jordan Sundell

Minnesota Journal of Law, Science & Technology

No abstract provided.

Structure-Function Analysis Of Global Pharmaceutical Linkage Regulations, Ronald A. Bouchard, Dan Cahoy, Bengt Domeij, Graham Dutfield, Tom Faunce, Aidan Hollis, Paul Jones, Feroz Ali Khader, Joel Lexchin, Heesob Nam, Juan Luis Serrano

Minnesota Journal of Law, Science & Technology

No abstract provided.

Food Advertising And Childhood Obesity: A Call To Action For Proactive Solutions, Roseann B. Termini, Thomas A. Roberto, Shelby G. Hostetter

Minnesota Journal of Law, Science & Technology

No abstract provided.

A Failure To Comply: An Initial Assessment Of Gaps In Iom's Medical Device Study Committee, Ralph F. Hall, Eva Stensvad

Minnesota Journal of Law, Science & Technology

No abstract provided.

Bridge Over The River Kawaii: Examining The Consumption Of Anime And Manga In The United States, Luke Daniel Schwalm

Honors Theses

The sale of manga, Japanese comic books, and anime, its animated counterpart, in the United States has become a multi-million dollar enterprise and both mediums have gained an increasingly large fandom. Based on the framework of Said’s conception of orientalism and using information gathered from observing seven popular anime and manga internet forums and five semi-structured interviews this thesis seeks to understand how a segment of this fandom, namely those of its members who are active in online discussion, consume manga and anime and how this consumption affects their views of Japan. In conducting this research I found that the …

Harry Potter And The Religious Right: An In-Depth Look At The Christian Undertones In J.K. Rowling's Series, Cody Pharr Hall

Honors Theses

This thesis involves an investigation of the Christian elements in J.K. Rowling’s Harry Potter book series. Methods and procedures included researching right wing religious responses to the Harry Potter series through media outlets. Each book was read and analyzed in response to religious objections. The series was explicated and studied for religious themes and ideas. The claims of the witchcraft content in the series were researched and expounded upon. Supplementary readers were used, and commentators were relied upon for certain cited ideas. The findings of this thesis are that fringe religious groups who oppose the Potter series are misinformed in …

An Analysis Of Personal Transformation And Musical Adaptation In Vocal Compositions Of Kurt Weill, Elizabeth Rose Williamson

Honors Theses

This thesis explores the compositional transitions in the musical career of Kurt Weill as seen in his Gcmian, French, and American works. Weill was a Gemian-bom composer who was forced to immigrate to France in the 1920’s. He then immigrated to America where he composed for both stage and screen. Specific vocal works by the composer in each country were studied. Research was conducted through the analysis of sheet music, recordings, and a vocal performance of the specific pieces studied. Recordings provided the important aspect of understanding the appropriate vocal style for the music as preferred by the composer. The …

Creating Knowledge, Volume 4, 2011

Creating Knowledge

The College of Liberal Arts and Sciences, through the deliberations and efforts of its task force on “Students Creating Knowledge”, chaired by Professor Ralph Erber, associate dean for research in the College of Liberal Arts and Sciences, committed itself to a number of new strategic initiatives that would enhance and enrich the academic quality of the student experience within the college. Chief among these initiatives was one that would encourage students to become actively engaged in creating scholarship and research and give them a venue for the publication of their essays. The first volume of “Creating Knowledge: The LA&S Student …

Jewish Identity And Interaction In The American South, Amelia Bartlett Gamble

Honors Theses

There once was a significant Jewish population that settled throughout the South and made a life as prominent members of their communities. I wanted to know what life was like for these people, and I wanted to know why the Jewish population dwindled over time in the South. In short, I wanted to learn about the Southern Jewish experience. I read many scholarly articles about Jews in the South in order to see Jews in a historical context, and I relied on memoirs and autobiographies to provide personal accounts. I also watched documentaries on Jews in the South in order …

The Pendulum's Dance With Dictatorship And Democracy: A Look At Journalistic Successes And Failures Of The Twentieth Century Spanish Press, Margaret Whitaker Hutter

Honors Theses

The Spanish press has been compared by some to a pendulum, oscillating back and forth between a free press and a press subject to complete censorship by the Spanish government. This thesis is a study of the twentieth-century Spanish press between the years 1939 and 1989. In it I examine the swinging of the pendulum of the Spanish press between the dictatorship of Francisco Franco, the transition to democracy, and throughout the first decade of the established democratic Spanish state. I take a critical look at the journalistic successes, failures and trends of the Spanish press throughout this 50-year scope …

Seek Justice. Love Your Neighbor’: An Integrated Marketing Communications Campaign For International Justice Mission, Emily Jane Laird

Honors Theses

I luman trafficking, slavery, and similar forms of oppression plague millions ot people around tlie world—yet these problems are virtually unknown to much of the American population. International Justice Mission (IJM), a non-profit human rights agency based in Washington. D.C.. is working to defeat these issues in foreign nations by raising both funds and awareness of the issues within the United States. Like all non-profit organizations, IJM serves two types ot clients—those that receive assistance through its services and those that provide the resources necessary to serve the other client group. Finding the right balance to successfully serve both groups …

Policies Addressing Obesity: A Comparison Of South Korea And The United States, Sarah Elizabeth Rogers

Honors Theses

The purpose of this project is to compare the actions taken by South Korea, one of the countries with the lowest obesity rate, and the United States, one of the countries with the highest obesity rate, and analyze the programs to draw lessons from which we can learn. Through this thesis project, I address the problem of the increasing prevalence of obesity in the United States, present information from available literature, compare the current programs and nutrition policies in South Korea and the United States, and justify ethical government intervention into nutrition. From the comparison between these countries and their …

Play By The Rules: An Allegroical Respons To The Contemporary Problems Faced By The Print Journalism Industry, Thomas Koonce Sanders

Honors Theses

My purpose for writing this type of thesis is to be to engage the reader first and foremost. Any attempt at allegoiy or personal opinion is immediately lost without an entertaining and believable stoiy. I sincerely believe that the best pieces of writing are the ones that inspire change rather than just advocating it. As with any work of fiction, hopefully the readers can find some amount of truth in the storytelling and apply it to their lives. In the case of Play by the Rules, even if the allegory seems brittle, I also hope as an author that readers …