Digital Commons Network^™

Tweeting To Topple Tyranny, Social Media And Corporate Social Responsibility: A Reply To Anupam Chander, Erika George

Faculty Scholarship

This Essay offers critical reflections on the role of social media in social change and outlines how the obligation of corporations in the information communications technology sector to avoid complicity in rights violations may evolve over time. Part I explores the Internet's potential to further democratic discourse and inclusion or foster discrimination and exclusion. It also queries whether the Internet industry has an obligation to protect against hate propaganda. Part II examines whether other industry sectors can also be said to have special obligations based on the human rights consequences of their conduct. Part III explains the nature of the …

Acute Impact Of Moderate-Intensity And Vigorous-Intensity Exercise Bouts On Daily Physical Activity Energy Expenditure In Postmenopausal Women, Xuewen Wang, Barbara J. Nicklas

Faculty Publications

This study determined whether performing a single moderate- or vigorous-intensity exercise bout impacts daily physical activity energy expenditure (PAEE, by accelerometer). Overweight/obese postmenopausal women underwent a 5-month caloric restriction and moderate- (n = 18) or vigorous-intensity (n = 18) center-based aerobic exercise intervention. During the last month of intervention, in women performing moderate-intensity exercise, PAEE on days with exercise (577.7 ± 219.7 kcal·d⁻¹) was higher (P = .011) than on days without exercise (450.7 ± 140.5 kcal·d⁻¹); however, the difference (127.0 ± 188.1 kcal·d⁻¹) was much lower than the energy expended …

Parental Functioning In Families For Behavioral Parent Training And Importance Of Clinically Meaningful Change, Alyson C. Gerdes, Lauren M. Haack, Brian W. Schneider

Psychology Faculty Research and Publications

Objective/Method: Statistically significant and clinically meaningful effects of behavioral parent training on parental functioning were examined for 20 children with ADHD and their parents who had successfully completed a psychosocial treatment for ADHD.

Results/Conclusion: Findings suggest that behavioral parent training resulted in statistically significant improvements in some domains of parenting behavior for both mothers and fathers and in reductions in most domains of parenting stress for mothers. Importantly, clinically meaningful change also was noted for these parental functioning areas, as well as for other domains of parental functioning that did not result in statistically significant findings. Clinical implications …

Advancing Our Knowledge Of Adhd In Latino Children: Psychometric And Cultural Properties Of Spanish-Versions Of Parental/Family Functioning Measures, Lauren M. Haack, Alyson C. Gerdes, Brian W. Schneider, Gabriela Dieguez Hurtado

Psychology Faculty Research and Publications

The lack of available Spanish versions of assessment measures contributes to insufficient research and underutilization of mental health services for Latino children with Attention-Deficit/Hyperactivity Disorder (ADHD). Thus, the goal of the current study was to examine the psychometric and cultural properties of several Spanish versions of parental/family functioning measures commonly used in comprehensive ADHD assessments (i.e., the Parenting Sense of Competence Scale, Alabama Parenting Questionnaire, and Confusion, Hubbub, and Order Scale). Participants included 68 Spanish-speaking, Latino parents in Southeast Wisconsin. In general, the Spanish translations of the measures demonstrated good reliability and validity. Furthermore, the psychometrically-sound measures were significantly related …

Neuropsychological Evaluation Of Blast-Related Concussion: Illustrating The Challenges And Complexities Through Oef/Oif Case Studies, Nathaniel W. Nelson, James B. Hoelzle, Kathryn A. Mcguire, Amanda G. Ferrier-Auerbach, Molly J. Charlesworth, Scott R. Sponheim

Psychology Faculty Research and Publications

Background/objective: Soldiers of Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) sustain blast-related mild traumatic brain injury (concussion) with alarming regularity. This study discusses factors in addition to concussion, such as co-morbid psychological difficulty (e.g. post-traumatic stress) and symptom validity concerns that may complicate neuropsychological evaluation in the late stage of concussive injury.

Case report: The study presents the complexities that accompany neuropsychological evaluation of blast concussion through discussion of three case reports of OEF/OIF personnel.

Discussion: The authors emphasize uniform assessment of blast concussion, the importance of determining concussion severity according to acute-injury characteristics and elaborate …

Comparison Of Wechsler Memory Scale–Fourth Edition (Wms–Iv) And Third Edition (Wms–Iii) Dimensional Structures: Improved Ability To Evaluate Auditory And Visual Constructs, James B. Hoelzle, Nathaniel W. Nelson, Clifford A. Smith

Psychology Faculty Research and Publications

Dimensional structures underlying the Wechsler Memory Scale–Fourth Edition (WMS–IV) and Wechsler Memory Scale–Third Edition (WMS–III) were compared to determine whether the revised measure has a more coherent and clinically relevant factor structure. Principal component analyses were conducted in normative samples reported in the respective technical manuals. Empirically supported procedures guided retention of dimensions. An invariant two-dimensional WMS–IV structure reflecting constructs of auditory learning/memory and visual attention/memory (C1 = .97; C2 = .96) is more theoretically coherent than the replicable, heterogeneous WMS–III dimension (C1 = .97). This research suggests that the WMS–IV may have greater utility in identifying lateralized memory dysfunction.

Culturally-Modified Recruitment Strategies For Latino Families In Clinical Child Research: A Critical First Step, Lauren M. Haack, Alyson C. Gerdes, Bethdalie Cruz, Brian W. Schneider

Psychology Faculty Research and Publications

The goals of the current study were to develop and employ culturally-modified recruitment strategies utilizing flexibility and creativity to combat practical and cultural barriers to Latino participation in clinical child research, as well as to quantitatively examine individual and cultural factors related to the different recruitment strategies. In total, 45 Latino parents were successfully recruited and primarily included married mothers of Mexican origin with varied socioeconomic backgrounds. To address the first study goal, an initial culturally-modified recruitment strategy (i.e., postcard strategy, n = 23) was developed to combat both practical and cultural barriers; an augmented strategy (i.e., face-to-face strategy, n …

A Survival Guide For The Creativity Economy, Review Of "The Dark Side Of Creativity," Edited By David H. Cropley, Arthur J. Cropley, James C. Kaufman, And Mark A. Runco, Stephen J. Guastello

Psychology Faculty Research and Publications

Reviews the book, The dark side of creativity by David H. Cropley, Arthur J. Cropley, James C. Kaufman, and Mark A. Runco (see record 2010-16278-000). Theory and research on creativity clearly address how breakthrough ideas are formed and what happens to them next, but the present state of creativity research needs a few breakthrough ideas of its own. The Dark Side of Creativity , edited by David Cropley, Arthur Cropley, James Kaufman, and mark Runco, has hit that target. It also resonates with contemporary concerns about creativity and technology. There is a long-standing ethic in engineering that a technology itself …

Comprehensive Creativity When We Need It, Review Of "The Cambridge Handbook Of Creativity," Edited By James C. Kaufman And Robert J. Sternberg, Stephen J. Guastello

Psychology Faculty Research and Publications

Reviews the book, The Cambridge handbook of creativity edited by James C. Kaufman and Robert J. Sternberg (see record 2010-21837-000). The title suggests that The Cambridge handbook of creativity is an encyclopedic collection of all the major chunks of knowledge connected to creative behavior. Although it does not disappoint in that regard, the contributing authors do a superb job of capturing the coherence and the theoretical and thematic developments of their respective areas. Overall the reviewer would recommend The Cambridge handbook of creativity to serious researchers in creativity and anyone who wants to be seriously creative. Psychologists and educators are …

Evaluating The Impact Of Service Learning On Student Outcomes In A Health Psychology Course, Astrida S. Kaugars

Psychology Faculty Research and Publications

Although positive effects of service learning have been demonstrated for personal, citizenship, and social outcomes there is a need to target specific outcomes in psychology course design and to incorporate appropriate service learning experiences (Conway, Amel, & Gerwien, 2009). The purpose of the present study was to examine how aspects of an undergraduate Health Psychology course, which included a project-based model of service learning, may contribute to changing students’ perspectives on public service, community engagement, and social justice.

The Systemic Erasure Of The Black/Dark-Skinned Body In Catholic Ethics, Bryan Massingale

Theology Faculty Research and Publications

One of the questions I address in my scholarly work is this: What would Catholic theological ethics look like if it took the "Black Experience" seriously as a dialogue partner? To raise the question, however, is to signal the reality of absence, erasure, and "missing" voices. The question is necessary only because the "Black Experience"--the collective story of African American survival and achievement in a hostile, exploitative, and racist environment--and the bodies who are the subjects of this experience have been all too often rendered invisible and therefore "missing" in U.S. Catholic ethical reflection.

Solidarity, Subsidiarity, And Preference For The Poor: Extending Catholic Social Teaching In Response To The Climate Crisis, Jame Schaefer

Theology Faculty Research and Publications

Grounding Catholic social thought is the belief that each human person has an intrinsic dignity and a desire for relationships with others that should lead to cooperating for their mutual good, making decisions individually and collectively to achieve it, and showing preference for the poor, vulnerable, and suffering in decision-making and actions. Rooted in the sacred scriptures, reflected upon at least implicitly for centuries by theologians, and taught by bishops of the Roman Catholic Church (the magisterium), principles to guide our decisionmaking and actions began to be considered collectively toward the end of the 19th century as “Catholic social teaching” …

Introduction To Confronting The Climate Crisis: Catholic Theological Perspectives, Jame Schaefer

Theology Faculty Research and Publications

Confronting the Climate Crisis: Catholic Theological Perspectives is the culmination of a three-year study by participants in the Catholic Theology and Global Warming Interest Group of the Catholic Theological Society of America (CTSA). This interest group was established in 2008 when several members of the CTSA shared a desire to respond theologically to the complex and vexing problem of global climate change. Some had already been addressing environmental issues from the perspectives of the various sub-disciplines of theology in which we have been trained (e.g., biblical, historical, systematics, ethics) because inherent in our vocation as theologians is a calling by …

Malcolm X And The Limits Of 'Authentically Black And Truly Catholic:' A Research Project In Black Radicalism And Black Catholic Faith, Bryan Massingale

Theology Faculty Research and Publications

Based on the talk he delivered during the 2010 Annual Meeting, Massingale here tackles head-on the unvoiced questions with which most of us have struggled at some point in our careers and ministries. He begins by unveiling the conflicted ramifications of ‘authentically black and truly Catholic’. Echoing Copeland’s reference in Volume IV to the price that black scholars and theologians must pay to “speak and act and live in truth” (p. 75), Massingale explores Malcolm X’s call for Black Nationalism and its synthesis and coexistence with Integrationism in current Black Catholicism. Finally, he asks a series of haunting questions about …

Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush

Faculty Scholarship

This catalyst paper offers a conceptual framework for connecting a set of conversations about change in higher education that often proceed separately but need to be brought together to gain traction within both the institutional and national policy arenas. By offering a framework to integrate projects and people working under the umbrella of equity, diversity, and inclusion with those working under the umbrella of community, public, and civic engagement, we aim to integrate both of these change agendas with efforts on campus to address the access and success of traditionally underserved students. We also hope to connect efforts targeting students, …

Louis Henkin (1917-2010), Lori Fisler Damrosch

Faculty Scholarship

Louis Henkin died in New York City on October 14, 2010, a few weeks short of his ninetythird birthday. He was in a class by himself at the intersection of international law, international politics, and the constitutional law of foreign relations in the second half of the twentieth century and the first years of the new millennium.

Dodd-Frank For Bankruptcy Lawyers, Douglas G. Baird, Edward R. Morrison

Faculty Scholarship

The Dodd-Frank financial reform legislation creates an “Orderly Liquidation Authority” (OLA) that shares many features in common with the Bankruptcy Code. This is easy to overlook because the legislation uses a language and employs a decision-maker (both borrowed from bank regulation) that will seem foreign to bankruptcy lawyers. Our task in this essay is to identify the core congruities between OLA and the Code. In doing so, we highlight important differences and assess both their constitutionality and policy objectives. We conclude with a few thoughts on the likelihood that OLA will contribute to market stability.

The Flaws Of Foreign Affairs Legalism, Daniel Abebe, Eric A. Posner

Faculty Scholarship

Foreign affairs legalism, the dominant approach in academic scholarship on foreign relations law, holds that courts should abandon their traditional deference to the executive in foreign relations, and that courts and Congress should take a more activist ole in foreign relations than they have in the past. Foreign affairs legalists believe that greater judicial involvement in foreign relations would curb executive abuses and promote adherence to international law. This Article argues that foreign affairs legalism rests on implausible assumptions about the incentives and capacities of courts. In U.S. history, the executive has given more support to international law than the …

Seana Shiffrin's Thinker-Based Freedom Of Speech: A Response, Vincent A. Blasi

Faculty Scholarship

As an instinctive consequentialist so far as First Amendment theory is concerned, I have to admit that I have never been so tempted by a non-consequentialist account as I am by what Professor Shiffrin has produced. My principal interest is the history of ideas regarding the freedom of speech. I have long been struck by how so many of the canonical writers on the subject have built their arguments from the starting point of the central importance of the freedom of thought. This is true of Milton and Mill in a basic, explicit, straightforward way (if Milton can ever be …

Markets And Morality, Jagdish N. Bhagwati

Faculty Scholarship

The paper addresses two issues. First, economics has evolved both as a positive science and, from moral philosophy, also as a normative discipline. Advancing the public good requires that public policy walk on both these legs. Second, the criticism has been forcefully made that markets undermine morality. This contention is refuted in several ways.

Two Challenges For Campaign Finance Disclosure After Citizens United And Doe V. Reed, Richard Briffault

Faculty Scholarship

Disclosure moved front and center on the campaign finance stage in 2010. Indeed, the year just passed witnessed the emergence of not one, but two significant challenges for our disclosure laws.

2010 began with new concerns about the burdens disclosure can place on the rights of political participation and association protected by the First Amendment, with the possibility that the Supreme Court – which had become increasingly skeptical about campaign finance regulation since Chief Justice Roberts and Justice Alito joined the Court – might impose new restrictions on disclosure.

'American Electric Power’ Leaves Open Many Questions For Climate Litigation, Michael B. Gerrard

Faculty Scholarship

On June 20, 2011, the U.S. Supreme Court issued its much-anticipated decision in American Electric Power v. Connecticut, the second climate change case to be decided by that Court and the first to concern common law claims. The decision resolves a few issues but leaves many others open.

New York's Revived Power Plant Siting Law Preempts Local Control, Michael B. Gerrard

Faculty Scholarship

Taking most observers by surprise, the New York State Legislature on June 22, 2011, overwhelmingly passed The Power NY Act of 2011. Governor Andrew Cuomo signed it on Aug. 4. The new law revives Article X of the Public Service Law after a nearly nine-year hibernation. As before, the law creates a one-stop, state-led program for permitting electric generating facilities while preempting local requirements. But the new Article X differs from its predecessor in several important ways: It covers facilities as small as 25 megawatts (down from the prior 80 megawatts threshold), it has even more generous provisions for funding …

Increasing Use Of Renewable Energy: Legal Techniques And Impediments, Michael B. Gerrard

Faculty Scholarship

The current turmoil in the Middle East and the consequent rise in oil prices are highlighting the long-recognized need for the United States to reduce its dependence on foreign energy sources. The most promising way to do that is through increased efficiency in our use of energy. My last column (Jan. 13, 2011) discussed the legal aspects of that measure. Today’s column is devoted to the legal aspects of the second most important way – increasing the share of the energy that we use that comes from renewable sources.

What’S Ahead For Power Plants And Industry? Using The Clean Air Act To Reduce Greenhouse Gas Emissions, Building On Existing Regional Programs, Franz T. Litz, Nicholas Bianco, Michael B. Gerrard, Gregory E. Wannier

Faculty Scholarship

In the absence of congressional action on climate change, all eyes are on the states and the United States Environmental Protection Agency (EPA) to see how they will regulate greenhouse gas emissions from existing large power plants and industrial facilities. Indeed, power plants and industrial facilities are the sources of half of all U.S. greenhouse gas emissions, making those plants and facilities central to any effort to reduce the country’s total emissions. This working paper explores a promising pathway for the states and EPA to make these reductions using the standards of performance under section 111 of the Clean Air …

Climate Change Litigation After Supreme Court Ruling In American Electric Power V. Connecticut, Mark Fulton, Michael B. Gerrard

Faculty Scholarship

On June 20, 2011 the U.S. Supreme Court issued its much-anticipated decision in American Electric Power v. Connecticut. This is the second climate change case to be decided by that court and the first to concern common law claims, where the plaintiffs claimed that the greenhouse gases (GHGs) from power plants constitute a common law nuisance, and asked the court to issue an injunction requiring the plants to reduce their emissions.

Climate Change And The Wto: Expected Battlegrounds, Surprising Battles, Daniel M. Firger, Michael B. Gerrard

Faculty Scholarship

This article examines the issue of climate change policy and international trade law. While conventional wisdom may have predicted that conflicts in trade law would emerge through climate-related protectionist measures, such as carbon tariffs on imports from countries with less stringent controls on greenhouse gas emissions, the authors point out that government support for climate-friendly technologies has in fact emerged as the primary battleground. The authors examine two recent disputes—between the United States and China and between Japan and Canada – over green subsidies and their implications for the future of clean energy.

Model Municipal Ordinance Project Designed To Facilitate Wind And Solar Projects And Green Buildings, Michael B. Gerrard, Danielle Sugarman

Faculty Scholarship

Soaring oil prices and the reality of climate change have underscored the heed to reduce U.S. fossil fuel dependence by improving energy efficiency and by developing and expanding renewable sources of energy. The International Energy Agency declared in 2010 that "[i]ncreasing energy efficiency, much of which can be achieved through low-cost options, offers the greatest potential for reducing CO2 emissions over the period to 2050." Furthermore, increasing our reliance on renewable resources such as wind and solar energy is not only a prudent measure in helping America to improve its energy security, but is a necessary component of a basket …

Environmental And Energy Legislation In The 112th Congress, Michael B. Gerrard

Faculty Scholarship

When Barack Obama succeeded George W. Bush in January 2009, backed by solid majorities in both the House and the Senate, the country seemed poised for the first major environmental legislation since 1990, the year of the Oil Pollution Act and the 1990 Clean Air Act amendments. Under the leadership of Rep. Henry A. Waxman (D-CA) and Rep. Edward Markey (D-MA), the House passed a comprehensive climate change bill based on an economywide cap-and-trade system. The House also passed a bill to lift oil spill liability caps and adopt additional reforms in the wake of the Gulf of Mexico spill. …

A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah S. Purdy

Faculty Scholarship

In a tribute like this, the question arises unavoidably: is Carol a fox or a hedgehog? That is, following Isaiah Berlin’s iconic distinction, does she know many things, like the fox, or, like the hedgehog, does she know one big thing?

It may seem strange that the ecosystem of legal scholarship should contain so little biodiversity; but the question engaged me. I started out thinking that Carol must be a fox, but I may have thought so for the wrong reasons: reasons of style, basically, having to do with her light-footedness, her deftness, and the recurrent sense that, just when …