Digital Commons Network^™

A Review Of 2010 Video Game Litigation And Selected Cases, Jesse L. Adkins

SMU Science and Technology Law Review

No abstract provided.

A Missiological Study Of The Phenomenon Of Dual Alllegiance In The Seventh-Day Adventist Church Among The Yoruba People Of Nigeria, Paul Adekunle Dosunmu

Andrews University Seminary Studies (AUSS)

No abstract provided.

Heart Religion In The British Enlightenment: Gender And Emotion In Early Methodism [Review] / Phyllis Mack, Michael W. Campbell

Andrews University Seminary Studies (AUSS)

No abstract provided.

Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Through My Mother's Eyes: The Lifelong Journey Of Raising Children With And Without Disabilities, Lucie P. Lawrence

Electronic Theses and Dissertations

Through the use of narrative, this study sought to document the life-altering journey of 32 mothers raising children at various stages of development and with a variety of disabilities. The main questions guiding this research study consider the lived experiences of mothers raising children with and without disabilities; what these mothers reveal about the journey with their children; how these mothers define motherhood; and how their definition of motherhood differs for each of their children. To address the research questions and capture the narratives of participants, a two-pronged qualitative methodology was applied, using diaries compiled by participants and in-depth interviews …

Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

Some constitutional tragedies are well known: Plessy v. Ferguson and Korematsu v. United States are taught to every first-year law student. Buck v. Bell is not. Decided in 1927 by the Taft Court, the case is known for its shocking remedy--sterilization--and Justice Holmes's dramatic rhetoric: "Three generations of imbeciles are enough." A mere five paragraphs long, Buck v. Bell could represent the highest ratio of injustice per word ever signed on to by eight Supreme Court Justices, progressive and conservative alike.

Buck v. Bell is not a tragedy as some others might define tragedy: it is not a well-known opinion, …

Nascar Green: The Problem Of Sustainability In Corporations And Corporate Law, Matthew T. Bodie

All Faculty Scholarship

The concept of "sustainability" is, at root, about a commitment to considering the future of the planet in our everyday affairs. In the corporate law context, supporters of sustainability seek to integrate these long-term environmental and social concerns into the corporation's DNA. This article seeks to explore sustainability as a corporate law concept by looking at the sustainability efforts of NASCAR and its affiliated firms. NASCAR has undertaken a series of "green" initiatives, most notably in the promotion of alternative fuels. These sustainability efforts are facilitated, in part, by the unusual structure of NASCAR and the sport of stock-car racing. …

What's In A Name? - The Tale Of Louis Wolfson's Affirmed, Alan M. Weinberger

All Faculty Scholarship

Why would someone choose to name a thoroughbred racehorse "Affirmed" after his conviction for federal securities laws violations had been affirmed on appeal? This inquiry is the basis for exploring the enigmatic life and spectacular career of Louis E. Wolfson, owner and breeder of the last winner of horse racing's Triple Crown.

Perhaps best known as the central figure in the scandal that resulted in the forced resignation of Supreme Court Justice Abe Fortas, Wolfson left a sizable footprint on corporate legal history. He has been described as the original corporate raider, the inventor of the market for corporate control …

Shotguns,Weddings, And Lunch Counters: Why Cultural Frames Matter To Constitutional Law, Anders Walker

All Faculty Scholarship

Though most constitutional scholars celebrate the civil rights movement, few have asked whether and to what extent the movement relates to current efforts of constitutional reform. Yet, the rise of direct action in the 1960s marked a bold realignment of the collective action, social movement frames of the civil rights struggle, a movement that has direct relevance to current constitutional battles, particularly over marriage and guns. As this Article will show, both the constitutional challenge to gun bans in Illinois and the constitutional challenge to California’s same-sex marriage ban have dealt with issues of frame alignment similar to those confronted …

The New Common Law Courts, Culture, And The Localization Of The Model Penal Code, Anders Walker

All Faculty Scholarship

Few tropes in American law teaching are more firmly entrenched than the criminal law division between Model Penal Code and common law states. Yet, even a cursory look at current state codes indicates that this bifurcation is outmoded. No state continues to cling to ancient English common law, nor does any state adhere fully to the Model Penal Code. In fact, those states that adopted portions of the Code have since produced a substantial body of case law – what this article terms “new common law” – transforming it. Taking the controversial position that criminal law pedagogy is antiquated, this …

Cultural Understandings Of Risk And The Tyranny Of The Experts, Molly J. Walker Wilson

All Faculty Scholarship

Every year, law-makers and agency regulators, with the input of industry experts and scientists, make hundreds of decisions about how to regulate conduct and allocate resources to address various types of risks that threaten the well-being of American citizens. In fact, managing and minimizing risk is one of the most important tasks of today’s policy-makers. In spite of this fact, most actions are taken without systematic consideration of the preferences of the very people whose welfare is at stake. There are two reasons for this. First, the dominance of Traditional Risk Analysis, with its emphasis on statistics and cost-benefit analysis, …

Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam A. Cherry, Judd F. Sneirson

All Faculty Scholarship

The explosion of the BP-leased Deepwater Horizon and subsequent oil spill stands as an indictment not just of our national energy priorities and environmental law enforcement; it equally represents a failure of Anglo-American corporate law and what passes for corporate social responsibility in business today. Using BP and the disaster as a compelling case study, this Article examines green marketing and corporate governance and identifies elements of each that encourage firms to engage only superficially in corporate social responsibility yet trumpet those efforts to eager consumers and investors. The Article then proposes reforms and protections designed to increase corporate social …

Beyond Experience: Getting Retributive Justice Right, Dan Markel, Chad Flanders, David C. Gray

All Faculty Scholarship

How central should hedonic adaptation be to the establishment of sentencing policy?

In earlier work, Professors Bronsteen, Buccafusco, and Masur (BBM) drew some normative significance from the psychological studies of adaptability for punishment policy. In particular, they argued that retributivists and utilitarians alike are obliged on pain of inconsistency to take account of the fact that most prisoners, most of the time, adapt to imprisonment in fairly short order, and therefore suffer much less than most of us would expect. They also argued that ex-prisoners don't adapt well upon re-entry to society and that social planners should consider their post-release …

How To Value Environmental And Non-Market Goods: A Guide For Legal Professionals, Catherine M. Keske

Denver Journal of International Law & Policy

No abstract provided.

Media Products As Law: The Mass Media As Enforcers And Sources Of Law In China, Tahirih V. Lee

Denver Journal of International Law & Policy

No abstract provided.

The Need For Special Veterans Courts, Samantha Walls

Denver Journal of International Law & Policy

No abstract provided.

Vol. 40, No. 1: Title Page, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Renovating Space: The Future Of International Space Law, P. J. Blount

Denver Journal of International Law & Policy

No abstract provided.

Polycystic Diseases In Visceral Organs, Shakila Abdul-Majeed, Surya M. Nauli

Pharmacy Faculty Articles and Research

Primary cilia are nonmotile, microtubule-based, antenna-like organelles projecting from the apical surface of most mammalian cells. Elegant studies have established the importance of ciliary structure and function in signal transduction and the sensory roles of cilia in maintaining healthy cellular state. In particular, dysfunctional cilia have been implicated in a large number of diseases mainly characterized by the presence of fluid-filled cysts in various organs. Aside from polycystic kidney disease (PKD), however, the roles of cilia in polycystic liver disease (PLD), polycystic pancreas disease (PPD), and polycystic ovarian syndrome (PCOS) are still very vague. In addition, although gender and sex …

Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia James

Faculty Publications

No abstract provided.

Keynote Discussion: Just Exactly What Does A Transactional Lawyer Do?, William J. Carney, Ronald J. Gilson, George W. Dent

Faculty Scholarship

Panel discussion from the Center for Transactional Law and Practice at Emory University School of Law’s second biennial Transactional Law Conference, “Transactional Education: What's Next?” (June 2010).

Taking A Stand: The Role Of The Early Childhood Teacher In Educating Against Homophobia, Tamar Ascher Shai

Journal of Hate Studies

This article focuses on early childhood educators’ readiness to address controversial issues in the classroom related to gender and sexual identity in young children, with a special focus on homosexuality and homophobia. The terms gender, sexual identity, sexual orientation, homosexuality, and homophobia are defined in relation to the part they play in the lives of young children and their families. The role of early childhood teachers and consequently the roles played by individuals who train teachers (teacher trainers) are also presented for discussion.

Family Law Scholarship Goes To Court: Functional Parenthood And The Case Of Debra H. V. Janice R., Suzanne B. Goldberg, Harriet Antczak, Mark Musico

Faculty Scholarship

Family law literature, while diverse in its exploration of contemporary families, also offers important threads of consensus. These strong points of coherence, when brought together with relevant case law, can be a useful means of advancing the academic conversation as well as engaging directly with courts to shape the law's development.

In a field as complex as family law, myriad academic viewpoints on any given issue often make it difficult to imagine scholarly discussion having utility for courts. As we aim to show here, however, amicus briefs can be important vehicles for synthesizing the literature, highlighting basic points of consensus …

A Qualitative Investigation Of The Use Of An Art-Based Technique In Counselor Group Supervision, Cheryl Shiflett

Counseling & Human Services Theses & Dissertations

While the counseling community embraces the use of creative approaches in counseling and supervision, few researchers have attempted to empirically describe the process of including an art-based technique into counselor group supervision. A grounded theory design guided the exploration of the factors and processes of including one art-based technique into six counselor supervision groups. Six doctoral-level supervisors who were trained in an art-based technique known as the visual case processing method introduced the method to their group supervisees who were completing a semester-long practicum or internship. Data collection methods included individual and focus group interviews, observations of visual case presentations, …

Deterring Serious And Chronic Offenders, Thomas A. Loughran, Alex R. Piquero, Jeffrey A. Fagan, Edward P. Mulvey

Faculty Scholarship

This chapter examines ways of deterring serious and chronic offenders based on evidence from the Pathways to Desistance Study, which addresses the issue of perceptions of deterrence and looks into the mechanisms of deterrence for serious offenders. After a brief overview of the Pathways study, the chapter reviews empirical evidence that demonstrates the rationality of high-risk adolescents regarding involvement in crime. It argues that offenders take into account rational-choice perceptions in their offending decisions and goes on to discuss the elasticity and malleability of these perceptions, and whether adolescent offenders act differently when they change risk and cost perceptions. It …

A Populist Threat To China's Courts?, Benjamin L. Liebman

Faculty Scholarship

Is the Chinese party-state too responsive to public opinion? In the case of the courts, this may be the case. Western literature has devoted extensive attention to the problems in the Chinese legal system, in particular in the courts, describing a system that continues to be undermined by a range of problems, from corruption to lack of competence to continued Communist Party intervention. Likewise, existing literature describes a legal system that often is unresponsive to individual demands for justice. In this chapter, I examine another possibility: that one impediment to the development of courts that are able to protect individual …

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …

Kiobel And Corporate Immunity Under The Alien Tort Statute: The Struggle For Clarity Post-Sosa, Dorothy S. Lund

Faculty Scholarship

In September 2010, a two-judge Second Circuit majority ruled that corporations are immune from liability under the Alien Tort Statute (“ATS”). This statute, which grants aliens access to federal district courts, has emerged as a controversial tool for international norm enforcement in the last thirty years. The unexpected decision to foreclose corporate liability has generated a wave of criticism from human rights activists and international law scholars who claim that the decision is grounded in a fundamental misunderstanding of international law.

This commentary examines the Kiobel decision against other recent interpretations of the ATS, especially those following the Supreme Court’s …

Anatomy/ Physiology Lab, B Mcconchie

Syllabus Repository

No abstract provided.

Biol 133l Anatomy/ Physiology Lab Syllabus, Steelman Library, B Mcconchie Dr

Syllabus Repository

No abstract provided.