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2011

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On Dejudicializing American Campaign Finance Law, Richard Briffault Jan 2011

On Dejudicializing American Campaign Finance Law, Richard Briffault

Faculty Scholarship

The Supreme Court dominates American campaign finance law. Citizens United v. Federal Election Commission dramatically illustrates this basic truth, but Citizens United is nothing new. The Court has been the preeminent force in shaping and constraining our campaign finance laws since Buckley v. Valeo, and the Court's role as arbiter of what regulations may or may not be enforced only continues to grow. The President of the United States can wag his finger at the Court during the State of the Union Address and denounce its Citizens United ruling to the Justices' faces on national television, but even he …


Melms V. Pabst Brewing Co. And The Doctrine Of Waste In American Property Law, Thomas W. Merrill Jan 2011

Melms V. Pabst Brewing Co. And The Doctrine Of Waste In American Property Law, Thomas W. Merrill

Faculty Scholarship

Melms v. Pabst Brewing Co. may be the most important decision ever rendered by an American court concerning the law of waste. Unless your specialty is property law, that might not be enough to stir your interest. The doctrine of waste, after all, does not loom very large in public consciousness these days.

Nevertheless, waste has held a peculiar fascination for property theorists. The reason, I think, is that it touches directly on an important line of division in how we think about property. Does property exist primarily to protect the subjective expectations that particular owners have in particular things? …


Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush Jan 2011

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, …


Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi Jan 2011

Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi

Faculty Scholarship

Five years ago, Fred Schauer published an article with the intriguing title: "Do Cases Make Bad Law?" Playing off Holmes' observation that "[g]reat cases like hard cases make bad law," Schauer explored the possibility, as he put it, that "it is not just great cases and hard cases that make bad law, but simply the deciding of cases that makes bad law.” His concern, confirmed and deepened by his characteristically balanced inquiry, was that general principles forged in the resolution of specific legal disputes can suffer by virtue of that provenance. Because such principles by definition are meant to carry …


Harry Kalven, Jr., Vincent A. Blasi Jan 2011

Harry Kalven, Jr., Vincent A. Blasi

Faculty Scholarship

The first week of law school is for most students an intimidating experience. Everyone is so serious. My first week was leavened considerably by Harry Kalven. A group of students and Kalven were watching the seventh game of the 1964 World Series in the student lounge of the University of Chicago Law School. The broadcast was interrupted by a news bulletin: Nikita Khrushchev had just been deposed. Viewers were treated to several minutes of political and diplomatic analysis, with correspondents around the globe speculating on what this might mean for East-West relations. One of my classmates, an amateur Kremlinologist …


Inclusive Constitutional Comparison: Reflections On India's Sodomy Decision, Madhav Khosla Jan 2011

Inclusive Constitutional Comparison: Reflections On India's Sodomy Decision, Madhav Khosla

Faculty Scholarship

Recent years have witnessed an outpouring of literature evaluating whether judges should refer to foreign law in resolving domestic legal disputes. A range of theories now posit constitutional comparison, outlining its benefits and highlighting its promise. Yet the support for such a practice is deeply qualified; comparative scholars narrowly limit the nations that should be considered while performing comparative study. This essay in comparative law theory reflects upon India's recent sodomy decision, Naz Foundation v. Government of NCT of Delhi, to evaluate which countries should be part of the comparative law project. In Naz, the Delhi High Court …


Scholarly Program Notes Of Recital Repertoire, Andrea R. Gedrasik Jan 2011

Scholarly Program Notes Of Recital Repertoire, Andrea R. Gedrasik

Research Papers

This document includes information regarding the repertoire on my graduate recital; including An die Musik, Auf dem Wasser zu singen, Du bist die Ruh and Gretchen am Spinnrade, by Franz Schubert; “Let the Bright Seraphim” from George Friderick Handel’s Samson; Claude Debussy’s Fêtes galantes pour Madame Vasnier; Try Me Good King: The last words of the wives of Henry VIII, by Libby Larsen; and “Měsíčku na nebi hlubokém” from Antonin Dvorak’s Rusalka.  I researched the lives of the composers; when applicable, the larger works the pieces are from; the lives of those to whom …


Postural And Spinal Disorders: Do They Affect The Normal Swallow?, Jenny M. Howard Jan 2011

Postural And Spinal Disorders: Do They Affect The Normal Swallow?, Jenny M. Howard

Research Papers

No abstract provided.


The Next Generation Of Aviation Safety: Utilizing Airport-Gis For Sms Oversight, Shane Ingolia Jan 2011

The Next Generation Of Aviation Safety: Utilizing Airport-Gis For Sms Oversight, Shane Ingolia

Research Papers

No abstract provided.


Mental Health Symptoms Of Women In Domestic Violence Relationships, Peronica L. Jackson Jan 2011

Mental Health Symptoms Of Women In Domestic Violence Relationships, Peronica L. Jackson

Research Papers

No abstract provided.


Combining Stimulus Fading, Escape Extinction, And Differential Reinforcement To Treat Food Selectivity In Children With Autism Spectrum Disorders, Katrina E. Olle Jan 2011

Combining Stimulus Fading, Escape Extinction, And Differential Reinforcement To Treat Food Selectivity In Children With Autism Spectrum Disorders, Katrina E. Olle

Research Papers

No abstract provided.


Plots And Prediction Intervals For Generalized Additive Models, Joshua E. Powers Jan 2011

Plots And Prediction Intervals For Generalized Additive Models, Joshua E. Powers

Research Papers

No abstract provided.


Traumatic Brain Injury And Social Communication, Staci Sawyer Jan 2011

Traumatic Brain Injury And Social Communication, Staci Sawyer

Research Papers

No abstract provided.


Animal Assisted Therapy And Autism Intervention: A Synthesis Of The Literature, Jocelyn Turner Jan 2011

Animal Assisted Therapy And Autism Intervention: A Synthesis Of The Literature, Jocelyn Turner

Research Papers

AN ABSTRACT OF THE RESEARCH PAPER OF JOCELYN TURNER, for the Masters of Science degree, presented on November, 12, 2010, at Southern Illinois University Carbondale. TITLE: ANIMAL ASSISTED THERAPY AND AUTISM INTERVENTIONS: A SYNTHESIS OF THE LITERATURE MAJOR PROFESSOR: Dr. Brett Zyromski The overall intention of this research project was to determine if, based on the available literature, Animal Assisted Therapy (AAT) has potential as an efficacious adjunctive therapy method for helping to generate greater levels of social functioning, for individuals with Autism. This project draws from interdisciplinary research and professional accounts, to present an organized review of the literature …


The Living Situations Of Children In Foster Care: Which Is Better, Kinship Foster Care Or Non-Kinship Foster Care?, Conisha A. Hill Jan 2011

The Living Situations Of Children In Foster Care: Which Is Better, Kinship Foster Care Or Non-Kinship Foster Care?, Conisha A. Hill

Research Papers

No abstract provided.


Duty And Feminist Narration In Austen’S Persuasion, Naomi L. Itokazu Jan 2011

Duty And Feminist Narration In Austen’S Persuasion, Naomi L. Itokazu

Research Papers

No abstract provided.


Archive Fever : Performance Art, Anastasia Proshutinskaya Jan 2011

Archive Fever : Performance Art, Anastasia Proshutinskaya

Research Papers

No abstract provided.


Training Parents Of An Adolescent With Autism Effective Behavior Management Strategies Across Multiple Settings, Kari Porter Jan 2011

Training Parents Of An Adolescent With Autism Effective Behavior Management Strategies Across Multiple Settings, Kari Porter

Research Papers

Research suggests that rearing a child with a developmental disability can be highly stressful and may lead to a heightened risk for child maltreatment. This study demonstrates the utility of a behavioral skills teaching model to train parents to engage their child with autism in adaptive behavior and to manage her disruptions at home, in the car, and in public settings. In some conditions, the experimenter trained the child directly in order to establish control in these settings before attempting to train the parents. Parents were trained through a combination of discussion, video presentation, and guided (shadowed) practice. The results …


Scholarly Program Notes Of Selected Trumpet Repertoire, Jeanne Millikin Jan 2011

Scholarly Program Notes Of Selected Trumpet Repertoire, Jeanne Millikin

Research Papers

No abstract provided.


Falling Through The Cracks: A Screening Assessment For Student Veterans With Learning Disabilities, Charles G. Hillesheim Jan 2011

Falling Through The Cracks: A Screening Assessment For Student Veterans With Learning Disabilities, Charles G. Hillesheim

Research Papers

AN ABSTRACT OF THE RESEARCH PAPER OF

CHARLES G. HILLESHEIM, for the Masters of Science degree in REHABILITATION COUNSELING, presented on JULY 29, 2011, at Southern Illinois University Carbondale.

TITLE: FALLING THROUGH THE CRACKS: A SCREENING ASSESSMENT FOR STUDENT VETERANS WITH LEARNING DISABILITIES

MAJOR PROFESSOR: Dr. Thomas Upton

This paper examines historical context of military intelligence assessment, post secondary challenges of student veterans, student veterans with a learning disability and campus support for veterans with learning disabilities and to facilitate an intervention by using a C-SIP style screener survey which can be a useful tool for a Rehabilitation Counselor. Facilitating …


Effectiveness Of A Staff Modeling Procedure On Increasing Appropriate Interactions Between A Mother And Child With Behavior Problems, Mitchell D. Mast Jan 2011

Effectiveness Of A Staff Modeling Procedure On Increasing Appropriate Interactions Between A Mother And Child With Behavior Problems, Mitchell D. Mast

Research Papers

AN ABSTRACT OF THE RESEARCH PAPER OF

MITCHELL D. MAST, for the Master of Science degree in Behavior Analysis and Therapy, at Southern Illinois University Carbondale.

TITLE: EFFECTIVENESS OF STAFF MODELING ON INCREASING APPROPRIATE INTERACTIONS BETWEEN A MOTHER AND A CHILD WITH BEHAVIOR PROBLEMS

MAJOR PROFESSOR: Dr. Brandon Greene

The present study was an attempt to determine the effect of a training program on altering the frequency and type of verbal interactions exhibited by a parent of a child with behavior problems. Data on verbal interactions between a mother and her child was gathered using the Systematic Observation of Family …


Admissible Jordan Blocks Of Certain Representations Of The Symplectic Group With Split-Rank 2, Bryan M. Arnold Jan 2011

Admissible Jordan Blocks Of Certain Representations Of The Symplectic Group With Split-Rank 2, Bryan M. Arnold

Research Papers

The classification for irreducible square integrable representations of symplectic groups, as described in a joint paper by Moeglin and Tadi´c, gives a parameterization of irreducible tempered representations of these groups. The first parameter is given in terms of Jordan blocks which satisfy certain criteria. These are called admissible Jordan blocks. In this paper we will look at simple examples of the admissible Jordan blocks of irreducible tempered representations induced from irredible square integrable representations in the case of the symplectic group with split-rank 2. ii


Chocorua Lake, Cooperative Extension Jan 2011

Chocorua Lake, Cooperative Extension

UNH Cooperative Extension

No abstract provided.


Forty Years Of Microhistoriography, Nicholas L. Rion Jan 2011

Forty Years Of Microhistoriography, Nicholas L. Rion

Research Papers

No abstract provided.


Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U. S. Allies' Armed Forces, Suzanne B. Goldberg Jan 2011

Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U. S. Allies' Armed Forces, Suzanne B. Goldberg

Faculty Scholarship

In the wake of the Obama Administration's pledge to repeal "Don't Ask, Don't Tell" in the United States, the Columbia Law School Sexuality & Gender Law Clinic undertook a review of how allies of the United States moved from a policy of banning gay and lesbian servicemembers from serving in the armed forces to a policy of allowing these servicemembers to serve openly ("open service"). In documenting this review, this report aims to provide information about the decision to implement open service and the mechanics of the transition to open service in Australia, Canada, Israel, and the United Kingdom. In …


Can Joe The Plumber Support Redistribution? Law, Social Preferences, And Sustainable Policy Design, Gillian Lester Jan 2011

Can Joe The Plumber Support Redistribution? Law, Social Preferences, And Sustainable Policy Design, Gillian Lester

Faculty Scholarship

How does one win popular support for laws designed specifically to redistribute economic wealth? One can hardly gainsay that this is a – perhaps the – defining issue for domestic policy in the age of President Obama. Even as the recent financial crisis has exposed the need for a reliable social safety net, attempts to respond through the political and legislative arenas have triggered increasingly hostile responses among conservatives, populists, Massachusetts voters, and incipient tea partiers. The puzzle of how to attract and preserve public support for law reform aimed at redistribution – of both income and risk – is …


The Last Plank: Rethinking Public And Private Power To Advance Fair Housing, Olatunde C.A. Johnson Jan 2011

The Last Plank: Rethinking Public And Private Power To Advance Fair Housing, Olatunde C.A. Johnson

Faculty Scholarship

The persistence of housing discrimination more than forty years after the passage of the federal Fair Housing Act (FHA) of 1968 is among the most intractable civil rights puzzle. For the most part, this puzzle is not doctrinal: the Supreme Court has interpreted the FHA only a handful of times over the last two decades – a marked contrast to frequent doctrinal contestations over the statutory scope and constitutionality of federal laws governing employment discrimination and voting rights. Instead, the central puzzle is the inefficacy of the FHA's enforcement regime given that, in formal terms, the regime is the strongest …


Family Law Scholarship Goes To Court: Functional Parenthood And The Case Of Debra H. V. Janice R., Suzanne B. Goldberg, Harriet Antczak, Mark Musico Jan 2011

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 …


The Wto Dispute Settlement System 1995-2010: Some Descriptive Statistics, Henrik Horn, Louise Johannesson, Petros C. Mavroidis Jan 2011

The Wto Dispute Settlement System 1995-2010: Some Descriptive Statistics, Henrik Horn, Louise Johannesson, Petros C. Mavroidis

Faculty Scholarship

The Dispute Settlement (DS) system is a central feature of the World Trade Organization (WTO) Agreement. This compulsory and binding two-level mechanism for the adjudication of disputes between WTO Members is the most active among international courts. The functioning of the DS system has attractive research interest among both lawyers and economists. This paper reports some descriptive statistics of the working of the DS system based on the recently updated Horn and Mavroidis WTO Dispute Settlement Data Set. The data set covers all 426 WTO disputes initiated through the official filing of a Request for Consultations from January 1, 1995, …


Direct Patterning Of A Cyclotriveratrylene Derivative For Directed Self-Assembly Of C60, Zachary R. Osner, Dorjderem Nyamjav, Richard C. Holz, Daniel P. Becker Jan 2011

Direct Patterning Of A Cyclotriveratrylene Derivative For Directed Self-Assembly Of C60, Zachary R. Osner, Dorjderem Nyamjav, Richard C. Holz, Daniel P. Becker

Chemistry Faculty Research and Publications

A novel apex-modified cyclotriveratrylene (CTV) derivative with an attached thiolane-containing lipoic acid linker was directly patterned onto gold substrates via dip-pen nanolithography (DPN). The addition of a dithiolane-containing linker to the apex of CTV provides a molecule that can adhere to a gold surface with its bowl-shaped cavity directed away from the surface, thereby providing a surface-bound CTV host that can be used for the directed assembly of guest molecules. Subsequent exposure of these CTV microarrays to C60 in toluene resulted in the directed assembly of predesigned, spatially controlled, high-density microarrays of C60. The molecular recognition capabilities …