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Potential Responses To The Melendez-Diaz Line Of Cases, Richard D. Friedman

Articles

Criminal prosecution is increasingly dependent on proof of the results of forensic laboratory tests. They are used, for example, to prove that a given substance contains cocaine; the prove what a driver’s blood alcohol content was; and to demonstrate that the DNA profile of some substance found at the crime scene matches that of the accused.

In Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), the United States Supreme Court resolved a question that had divided the lower courts in the wake of Crawford v. Washington, 541 U.S. 36 (2004). The Melendez-Diaz Court held by a 5-4 vote that forensic laboratory …

What If Daniel Ellsberg Hadn't Bothered?, Heidi Kitrosser

Articles

This article was written for the Indiana Law Review’s 2011 annual symposium entitled, “What If? Counterfactuals in Constitutional History.” As the article’s title suggests, it considers the impact of Daniel Ellsberg’s decision to leak the Pentagon Papers to the New York Times. The article takes some liberty with the topic of constitutional counterfactuals. Despite its author’s vast enjoyment of several classic movies and television episodes featuring parallel worlds, the article does not build a counterfactual universe in which Daniel Ellsberg never leaked the Pentagon Papers. It hints at such a world indirectly, however, by considering the difference that Ellsberg’s leak …

Don't Panic! Defending Cowardly Interventions During And After A Financial Crisis, Brett Mcdonnell

Articles

How should we regulate the U.S. financial system after the financial crisis, when we face the task with a radically inadequate understanding of what went wrong and what effect proposed regulations will likely have? This paper explores three quite different approaches to regulating in the face of severe uncertainty: the libertarianism of Friedrich Hayek, the conservatism of Michael Oakeshott, and the liberalism of John Maynard Keynes. Each thought deeply about the problem of how uncertainty affects human affairs, but each came to quite different conclusions about how to address such uncertainty. The paper outlines the core, immensely useful insights of …

Default Rates At Portland Community College : The Impact Of A Student's Major And Program Completion On Student Loan Repayment, Sarah Brown Wegner

Theses and Dissertations

No abstract provided.

Caught In A Preventive Dragnet: Selective Counterterrorism In A Post 9/11 America, Sahar F. Aziz

Faculty Scholarship

While post-9/11 preventive counterterrorism policies have adversely impacted various groups of Americans, no group has been more profoundly affected than the Muslim, Arab, and South Asian communities. Mosque infiltration has become so rampant that some congregants assume they are under surveillance as they fulfill their religious obligations. Government informants have ensnared numerous, seemingly hapless and unsophisticated young men such that Muslims no longer know whom they can trust among each other. Aggressive prosecutions of Muslim charities and individuals across the country have embittered communities that now feel under siege by their government and distrusted by their non-Muslim compatriots.19 Selective counterterrorism …

Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein

Faculty Scholarship

Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …

Encountering Questions Of Religion In Psychotherapy: A Hermeneutical-Phenomenological Study Of Religious Patients' Experiences, Jonathan Ahern

Electronic Theses and Dissertations

This dissertation presents a hermeneutical-phenomenological investigation of having one's religious or spiritual views called into question in psychotherapy. A review of the literature revealed very few studies exploring the experiences of religious or spiritually devoted psychotherapy patients and a complete lack of studies describing the lived phenomenon of having one's religious or spiritual views called into question in psychotherapy. Three self-described "religious" or "spiritually devoted" former psychotherapy patients provided in-depth descriptions of having their religious views or practices called into question in psychotherapy. Participants' descriptions--gathered first in writing and then by way of a hermeneutic interview--comprised the empirical qualitative data …

The Contribution Of Foundational New Testament Theological Themes To The Meaning Of Basic Bioethics Principles, R. Dennis Macaleer

Electronic Theses and Dissertations

Beauchamp and Childress' Principles of Biomedical Ethics is a well accepted approach to contemporary bioethics. Those principles are based on what Beauchamp and Childress call the common morality. This dissertation employs New Testament theological themes to enhance the meaning of contemporary principles of bioethics. Beginning with the incarnation in the New Testament, the invitation-response hermeneutic is developed as a hermeneutic to use in studying the New Testament. The primary New Testament text for this study is the twin commands from Jesus to love God and love one's neighbor. Three theological themes are developed from this study and these three themes …

Gay Identity Formation: An (Auto)Ethnographic Look At Gay Volleyball, G. Keilan Rickard

Electronic Theses and Dissertations

From September of 2004 until May of 2010, I was part of the SCVL, a gay volleyball league in Pittsburgh, PA. At the same time, I was a graduate student, working to advance my status within the Academy. In this study, I use autoethnography to talk about my experiences at the nexus of these two institutions: the SCVL and the Academy. I take the reader through a year in the life of the SCVL (2008-2009) and discuss ways in which its perennial practices contributed to my gay identity development. Well, sort of. It hasn't always been clear to me the …

The Experience Of Being Thrown Back In Encounters For Adults Who Were Physically Abused As Children By A Parent Or Caregiver: An Empirical-Phenomenological Investigation, Jean Risko

Electronic Theses and Dissertations

This study examined the lived meanings of the experience of being thrown back to, or reliving, the past in encounters with a stranger for adults who were physically abused as children.

Flyers were posted in public locations seeking adults who had been physically abused as children. Six participants, four females and two males, volunteered to participate in the study. Five participants submitted a written description of an encounter in which a stranger looked at her/him and she/he was reminded of being physically abused as a child. One additional participant responded via an interview. Follow-up interviews were conducted by asking open-ended …

Neurosis Or Perversion? A Lacanian Psychoanalytic Diagnostic And Clinical Approach To The Treatment Of Paraphilia At A Forensic Outpatient Setting: A Case Study And Exegetical Method, Stephanie Swales

Electronic Theses and Dissertations

The work of Jacques Lacan (1901-1981) provided clinicians with three main diagnostic ontological structures: neurosis, psychosis, and perversion. All three diagnostic structures indicate fundamentally different ways of solving the problems of alienation, separation from the primary caregiver, and of castration, or having limits set by the law on one's jouissance. Of the three, perversion remains by far the least understood and least discussed. To date, Lacan's diagnostic system--not to mention his corpus in general--has been largely ignored by psychotherapists in the United States. Where Lacan has been taken up within psychotherapeutic discourse, discussions are often restricted to the field of …

Co-Sleeping With Her Baby: A Qualitive Study Of Adaptive And Prescriptive Voices In Parenting Decision Making, Elizabeth A. Tran

Electronic Theses and Dissertations

This project presents a qualitative study of how parents described the process of deciding to bed-share with their children. Particular emphasis was placed in understanding how those parents described relationships with advice sources. The Listening Guide feminist discourse analysis method was used to analyze interviews with five mothers who self-identified as having regularly slept with their babies to identify discourses with particular emphasis on references to self and authority. The context of this project is explained in detail with review of socio-political and scientific perspectives on decision-making and co-sleeping. Interview analysis resulted in the identification of two ways of engaging …

Living With Schizophrenia: A Phenomenological Investigation, Andri Yennari

Electronic Theses and Dissertations

This study investigated the experience of living with schizophrenia through seven participants' accounts of the way they have been perceived and treated by others, as well as the way they viewed themselves after having been identified with the diagnosis of schizophrenia. Participants were recruited through psychologists at the mental health facility where they received treatment and were interviewed by the researcher in that facility.

To analyze the data of this study, an empirical phenomenological method was used to explicate the meaning of schizophrenia as it was experienced and lived by participants. A hermeneutic component was included to interpret the data …

The Law And Economics Of Legal Parochialism, Nuno Garoupa

Faculty Scholarship

Law and economics is influential in U.S. legal scholarship, but not as much elsewhere. Different explanations have been suggested for this. In this Article, I argue that the problems faced by law and economics outside of the United States are neither particular to the field nor to the local context. I offer an interpretation based on the similarities between legal parochialism and trade protectionism. A tentative prediction is that globalization in legal markets might change the current patterns.

Hybrid Judicial Career Structures: Reputation Versus Legal Tradition, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

Scholars have distinguished career from recognition judiciaries, largely arguing that they reflect different legal cultures and traditions. We start by noting that the career/recognition distinction does not correspond perfectly to the civil law/common law distinction, but rather that there are pockets of each institutional structure within regimes that are dominated by the other type. We discuss the causes and implications of this phenomenon, arguing that institutional structure is better explained through a theory of judicial reputation/legitimacy than through a theory of legal origin or tradition. We provide some preliminary empirical support for our account.

Building Reputation In Constitutional Courts: Political And Judicial Audiences, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

This paper explains how specialized constitutional courts navigate between the demands of two different external audiences, the political and the judicial. The political audience expects constitutional court judges to respond to political pressures and to vote ideologically. Such voting, however, might undermine the constitutional court’s ability to influence the judicial audience, which necessarily views cases as apolitical in character. We argue that the need to achieve supremacy over other higher courts constrains the ability of constitutional judges to pursue ideological goals. We examine patterns of consensus and fragmentation to demonstrate our proposition. We find empirical evidence that the existence of …

Explaining Constitutional Review In New Democracies: The Case Of Taiwan, Nuno Garoupa, Veronica Grembi, Shirley Ching-Ping Lin

Faculty Scholarship

This paper extends the empirical analysis of the determinants of judicial behavior by considering the Taiwanese case. Taiwan is a particularly interesting case because the establishment and development of constitutional review corresponds to a political transition from an authoritarian regime dominated by one party to an emerging democracy. We test the attitudinal hypothesis by making use of a new dataset of ninety-seven decisions issued by the Taiwanese constitutional court in the period between 1988 and 2008. The attitudinal hypothesis is that the Taiwanese constitutional judges respond to party interests, either because their preferences coincide with the appointer or because they …

The Judiciary In Political Transitions: The Critical Role Of U.S. Constitutionalism In Latin America, Nuno Garoupa, Maria A. Maldonado

Faculty Scholarship

This paper proposes a theory that explains how political transitions deal with incumbent judiciaries. We argue that a new political regime compares the benefit of reshaping the judiciary with loyal appointees against the political and economic costs of directly interfering, including the cost of international reputation. There are several forms of interventionism including court packing, court purging, and violence against the judiciary. We discuss political transitions in Europe and Latin American civil law jurisdictions through the lens of our theory. We argue that American constitutional influence plays a critical role. In addition, we provide a detailed analysis of the recent …

The Syndrome Of The Efficiency Of The Common Law, Nuno Garoupa, Carlos Gomez Liguerre

Faculty Scholarship

Our article is a methodological critique of the recent legal origins literature. We start by showing that the legal origins literature cannot easily be based on the efficiency hypothesis of the common law. By debunking the relationship between the efficiency hypothesis and the legal origins literature, we are left with no consistent theory to explain the alleged inferiority of French civil law.

It is clear that the legal origins literature is based on a particular, biased selection of "cherry-picked" legal doctrines. A different selection of "cherry-picked" legal doctrines would produce a different assessment. We discuss examples that look at substantive …

Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon

Faculty Scholarship

The question explored here is whether ADR processes introduced to aid in the development of rule of law to help build legitimacy with legal authorities and institutions could instead work against legitimacy or further undermine it. This article will question whether establishing a new ADR program is advisable in a country with endemic corruption that is struggling to keep, or maintain, a moderately functional legal system. In these countries, the general public may view informal practices that occur in private and without standard rules to be another form of corruption and promoting such practices could reinforce already existing attitudes about …

In The Name Of Watergate: Returning Ferpa To Its Original Design, Mary Margaret Penrose

Faculty Scholarship

This article seeks to proffer an improved definition for “education records” without altering the legislation's original design. Part I provides a historical account of Watergate's climate to illustrate why privacy rights blossomed during the 1970s and provided an atmosphere conducive to the passage of FERPA. Part II details FERPA's legislative history. Part III presents the statute's current definition of “education records” and evaluates how courts interpret FERPA. Part IV suggests a modernized definition that considers the computerization of education and, correspondingly, education records. The section begins with a comparison of FERPA and the Privacy Act of 1974. Thereafter, it exposes …

Directional Limits On Persistent Gravitational Waves Using Ligo S5 Science Data, J. Abadie, B. P. Abbott, Matthew Benacquista, Teviet Creighton, R. Grosso, J. Li, Soma Mukherjee, Soumya Mohanty, Malik Rakhmanov, Volker Quetschke, Robert Stone, Joseph D. Romano, B. Vaishnav

Physics & Astronomy Faculty Publications

The gravitational-wave (GW) sky may include nearby pointlike sources as well as stochastic backgrounds. We perform two directional searches for persistent GWs using data from the LIGO S5 science run: one optimized for pointlike sources and one for arbitrary extended sources. Finding no evidence to support the detection of GWs, we present 90% confidence level (C.L.) upper-limit maps of GW strain power with typical values between 2−20×10−50  strain2 Hz−1 and 5−35×10−49  strain2 Hz−1 sr−1 for pointlike and extended sources, respectively. The latter result is the first of its kind. We also set 90% C.L. limits on the narrow-band root-mean-square GW …

Drawing A Line In The Sand: Copyright Law And New Museums, Megan M. Carpenter

Faculty Scholarship

This piece explores efforts by museums and galleries to enhance user experience (and increase attendance) using technology to create interactive and engaging exhibitions, and considers the copyright implications of this 'participatory museum" movement. From the derivative rights provisions in the Copyright Act to the Visual Artists' Rights Act, where do the artist's rights stop and the museum's obligations begin, and how is the public's interest best served?

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 …

The Role Of The Acidic Domain Of The Toc159 Protein Import Receptor Family In Toc Complex Assembly In Arabidopsis Thaliana, Yi Chen

Theses and Dissertations (Comprehensive)

Most chloroplast proteins are encoded in the nucleus and translated in the cytosol with an N-terminal cleavable transit peptide, which can be recognized by the translocon at the outer envelope membrane of chloroplasts (Toc complex). The core Toc complex is composed of two GTPases, Toc159 and Toc34, and the Toc75 channel. atToc159, atToc132 and atToc120 are homologues of the Toc159 family in Arabidopsis, and have been shown to assemble into structurally and functionally distinct Toc complexes. Targeting of atToc159 to the chloroplast outer membrane is mediated by its GTPase (G-) domain. However, the role of the acidic (A-) domain in …

Beyond Individualism In Law And Economics, Robert B. Ahdieh

Faculty Scholarship

The study of law and economics was built upon two pillars. The first is the familiar assumption of individual rationality. The second, less familiar, is the principle of methodological individualism. Over the last twenty years, law and economics has largely internalized behavioral critiques of the rationality assumption. By contrast, the field has failed to appreciate the implications of growing challenges to its methodological individualism. Where social norms shape individual choices, network externalities are strong, coordination is the operative goal, or information is a substantial determinant of value, a methodology strongly oriented to the analysis of individuals overlooks at least as …

Tefra-Partnership Refunds: Five Steps To Protect A Partner’S Rights, Mary A. Mcnulty, Robert D. Probasco, Carla C. Crapster

Faculty Scholarship

The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) established a unified procedure for determining the tax treatment of partnership items at the partnership level rather than the partner level. The TEFRA-partnership refund procedures differ from the refund claim procedures that apply to other taxpayers. For a TEFRA partnership, a refund claim is an administrative adjustment request (AAF) and a notice of deficiency is a notice of final partnership administrative adjustment (FPAA). Procedures for the assessment of additional tax attributable to partnership items have received much attention in recent years, but the procedures concerning refunds are complex and full …

The Brady Rule May Hurt The Innocent, N. Garoupa, Matteo Rizzolli

Faculty Scholarship

Mandatory disclosure of evidence (the so-called Brady rule) is considered to be among the most important bulwarks against prosecutorial misconduct. While protecting the generality of defendants in the criminal process, we show that under certain reasonable assumptions this procedural mechanism may hurt innocent defendants by inducing prosecutors to adjust their behavior to their detriment. The main rationale for our thesis is that, if forced to reveal exculpatory information, the prosecutor might not look for that information in the first place, and in turn this could harm the innocent under certain reasonable conditions. We extensively discuss our results in the context …

Countering Religion Or Terrorism: Selective Enforcement Of Material Support Laws Against Muslim Charities, Sahar F. Aziz

Faculty Scholarship

No abstract provided.

Global Economies, Regulatory Failure, And Loose Money: Lessons For Regulating The Finance Sector From Iceland's Financial Crisis, Birgir T. Petursson, Andrew P. Morriss

Faculty Scholarship

Iceland was the first developed economy to fall into crisis in 2008, with the collapse of its banking sector, currency value, and economy. The collapse threw Iceland into a political crisis and provoked a serious international dispute between Iceland and Britain and the Netherlands over responsibility for the failed banks. Prior to 2008, Iceland had been treated as the poster child for deregulation; since 2008, it has been held up as the poster child for the dangers offinancial liberalization. Neither is accurate. Rather, Iceland presents a cautionary tale about the interrelationships between fiscal and monetary policy and regulatory measures. Excessive …