Digital Commons Network^™

Breaking The Cycle Of “Unequal Treatment” With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah A. Yearby

All Faculty Scholarship

Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 (“Title VI”) and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never been fulfilled. Now, many hail the passage of the Patient Protection and Affordable Health Care Act (“ACA”) as the biggest governmental step in equalizing access to health care because it has the potential to increase minority access to health …

A Horrible Fascination: Segregation, Obscenity, & The Cultural Contingency Of Rights, Anders Walker

All Faculty Scholarship

Building on current interest in the regulation of child pornography, this article goes back to the 1950s, recovering a lost history of how southern segregationists used the battle against obscenity to counter the Supreme Court’s ruling in Brown v. Board of Education. Itself focused on the psychological development of children, Brown sparked a discursive backlash in the South focused on claims that the races possessed different cultures and that white children would be harmed joined a larger, regional campaign, a constitutional guerilla war mounted by moderates and extremists alike that swept onto cultural, First Amendment terrain even as the frontal …

The Hidden Limits Of The Charitable Deduction: An Introduction To Hypersalience, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

Behavioral economics introduced the concept of salience to law and economics. In the area of tax policy, salience refers to the prominence of taxes in the minds of taxpayers. This article complicates the literature on salience and taxation by introducing the concept of “hypersalience,” which is in many ways the mirror image of hidden taxation. While a revenue-raising tax provision must be hidden for taxpayers to underestimate their tax bill, a revenue-reducing tax provision – such as a deduction, exclusion, or credit – must be more than fully salient for taxpayers to underestimate their tax bill. In other words, the …

The Tragedy Of The Carrots: Economics & Politics In The Choice Of Price Instruments, Brian Galle

Georgetown Law Faculty Publications and Other Works

Externalities are one of the most fundamental market-failure justifications for government action, and pigouvian taxes and subsidies are standard tools for correcting them. Even so, neither the legal nor economic literatures offer any comprehensive account of when policy makers should prefer one to the other. This Article takes up that task. Prior efforts to distinguish between “carrots” and “sticks” have generally been limited to the context of pollution regulation, and I show here that even those are incomplete. I also extend the analysis to the case of positive externalities, where there is no prior literature to speak of. Overall I …

The Federal Rules Of Civil Settlement, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Civil Procedure were originally based upon a straightforward model of adjudication: Resolve the merits of cases at trial and use pretrial procedures to facilitate accurate trial outcomes. Though appealing in principle, this model has little relevance today. As is now well known, the endpoint around which the Federal Rules were structured — trial — virtually never occurs. Today, the vast majority of civil cases terminate in settlement. This Article is the first to argue that the current litigation process needs a new regime of civil procedure for the world of settlement

This Article begins by providing …

Developing The Substantive Best Interests Of Child Migrants: A Call For Action, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

This Article attempts to accomplish two goals. First, it provides an overview of what is known and unknown about international child migrants. While this Conference will focus to some degree on child migrants in the United States, this Article shows how significant this phenomenon is around the world. Therefore, this Article provides data and points out the research gaps surrounding this issue.

Equally significant is the lack of legal and policy tools available for governments to respond well and in accordance with the Convention on the Rights of the Child ("CRC") to the children themselves. First, informed by social science …

Knowledge, Attitudes Toward Corporations, And Belief In A Just World As Correlates Of Tort Reform Attitudes, Molly J. Walker Wilson, Ruth H. Warner

All Faculty Scholarship

Recent legislation in tort law has resulted in such changes as states capping punitive and non-economic damages as well as abolishing the collateral source rule and joint and several liability. The purpose of the present research is to examine attitudes toward changes in tort law. We asked American adults about their attitudes toward the civil justice system and its players, experiences in the civil justice system, and belief in a just world. We found that a more negative attitude toward litigation and juries, higher belief in a just world, and a more positive attitude toward corporations and doctors predicted a …

Cyber Commodification, Miriam A. Cherry

All Faculty Scholarship

When it comes to commodification on the Internet, it is a wild, wild World Wide Web. Researching encyclopedia articles for Wikipedia is an unpaid labor of love, but connecting to your friends on Facebook is a $100 billion enterprise. Newspaper classified advertisements are definitely commercial, but their equivalent on Craigslist was mostly non-commercial – until the Delaware Chancery Court stepped in. Selling your organs is prohibited in the United States, whereas selling hair promises to rescue third-world citizens from poverty. Selling sex is illegal as prostitution, but selling adultery online is a hot new business model. And a small company …

Plowing In Hope: A Three-Part Framework For Incorporating Restorative Justice Into Sentencing And Correctional Systems, Lynn S. Branham

All Faculty Scholarship

This essay proposes the adoption of a three-part framework to effectuate fundamental changes in conventional sentencing and correctional constructs, making restorative justice a mainstay of sentencing and correctional systems. First, federal, state, and local governments would authorize the imposition of what would be – in name, purpose, and content – “restorative sentences.” The growing, processing, and distribution of locally grown foods in low-income neighborhoods particularly afflicted by crime is an example of what could become a prevalent restorative sentence. The essay outlines a number of steps to be undertaken by jurisdictions in order to realize the goals of restorative sentencing. …

Vol. 41, No. 1: Title Page, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Policing School Discipline, Catherine Y. Kim

Faculty Publications

No abstract provided.

An Exploratory Case Study Of Racial Climate In An Academic Unit At A Predominantly White, Southern Institution, Mark A. Dochterman

LSU Doctoral Dissertations

Research describes faculty of color as a key to an equitable future for higher education. However, this approach problematically places the responsibility for multiculturalism on the shoulders of these individuals. This embedded, critical case study explored the racial climate of an academic unit in a southern, predominantly white institution. Through the lens of critical race theory I examined how the racial climate of the unit impacted the perceptions, roles, and relationships differently for faculty of color, doctoral students of color, white faculty, and white doctoral students and how the case in question exemplified Rankin and Reason’s (2008) six dimensions of …

Flesh As Communication -- Body Art And Body Theory, Falk Heinrich

Contemporary Aesthetics (Journal Archive)

On the last pages of The Visible and the Invisible, Merleau-Ponty investigates “the bond between flesh and idea, and the internal armature which [it] manifests and which it conceals.” Flesh and idea are intertwined in that the body reflects on itself in the act of perception and, one could add, action. A correlative bond lies in communication theory as the operational difference between ego and alter-ego. This article investigates the non-semiotic intertwinement of ‘flesh’ in art perception and theory based on communication theory in performance art (body art). The thesis is that ‘flesh’ in performance art is presented as absolute …

Assessing The Good Will Of Community Users In An Academic Library, Wanda Dole, J.B. Hill

Faculty Scholarship

Purpose – The purpose of this paper is to report the second phase of a study on the impact of one North American academic library extending library privileges gratis to community users.

Design/methodology/approach – The paper reports the results of a web-based survey of community users at the University of Arkansas at Little Rock (UALR), Arkansas, USA. The survey was conducted to obtain information on demographics and community users’ perception of the value of library privileges.

Findings – Community users often have some connection to the university and tend to be satisfied with and value the privileges. Receiving the privileges …

Epistemic Vigilance: The Error Management Of Source Memory And Belief, Brian Bergstrom

All Theses and Dissertations (ETDs)

The studies reported here explore some of the cognitive contours of epistemic vigilance--that is, how the mind adaptively tracks and monitors information. These studies ask how the mind considers the source of new information when making epistemic judgments. Four experiments investigate the role of source information in modulating the "truth bias": an automatic tendency to presume new information is true). An evolutionary hypothesis is advanced: that a "support bias" exists for sources with special coalitional relevance: e.g., a best friend) that interacts with the truth bias to produce supportive patterns of recall that are unique to that source. Results partially …

Essence And Ontology, Jan Plate

All Theses and Dissertations (ETDs)

This dissertation provides an account of essentiality that satisfies two main desiderata:

(1) The account should offer an explanation as to why the following two intuitions are true:

(i) It is essential to the set {Socrates} to have Socrates as a member.

(ii) It is not essential to Socrates to be a member of that set.

(2) The account should do justice to the sense of philosophical significance that has traditionally been attached to the notion of essence.

The two intuitions mentioned in: 1) together form what I call `Fine's asymmetry', after Kit Fine, whose paper `Essence and Modality' has …

Outcasts Of The Universe: Shyness In Hawthorne And James, Ryan Stuart Lowe

All Theses and Dissertations (ETDs)

In Outcasts of the Universe, I argue that shyness is a modern dilemma, problematized by the broader shifts in American society: the expanding marketplace, the idealization of the self-made man, the rise of feminism and ever-changing gender roles, and a slow consolidation of the bachelor, the artist, and the aesthete into the stigmatized figure of the homosexual. By drawing on both the lives and works of Hawthorne and James, I theorize shyness as an alternative model of social and sexual engagement in the nineteenth century.

In particular, I adapt the queer theory concept of closetedness, a concept that has no …

Young Children's Understanding Of The Relationship Between Conventionality And Communication, Kathleen R. Sullivan

All Theses and Dissertations (ETDs)

This dissertation explores children's understanding of the conventionality of language, the notion that shared knowledge of the meanings of linguistic symbols enables communication using those symbols. Three studies investigate whether monolingual children recognize that different speakers share knowledge of lexical conventions, in this case the labels for objects, independent of children's own knowledge of those labels. Further, children's ability to use evidence of shared conventional knowledge when reasoning about communicative interactions is tested using a novel third-party communication task. Results indicate that three-year-old children track consistent labeling of novel objects across different speakers, and infer underlying shared knowledge of object …

Strategic Insight And Age-Related Goal-Neglect Influence Risky Decision-Making, John Westbrook

All Theses and Dissertations (ETDs)

Maximizing long-run gains often requires taking on some degree of risk, yet decision-makers often exhibit risk aversion: RA), rejecting risky prospects even when these may have higher expected value than safer alternatives. We investigated whether explicit strategy instruction and practice can decrease prepotent RA, and whether aging impacts the efficacy of such an intervention. Participants performed a paired lottery task with options varying in risk and magnitude, both before and after practice with a similar task that encouraged maximization of expected value and instruction to use this strategy in risky decisions. In both younger and older adults, strategy training reduced …

Allosteric Modulation Of Metabotropic Glutamate Receptor 5 As A Treatment For Pain, Michael Montana

All Theses and Dissertations (ETDs)

Metabotropic glutamate receptor 5: mGlu5) has been suggested to play a role in the development and maintenance of chronic pain. mGlu5 is expressed at synapses throughout the pain neuraxis where it is believed to modulate the function of ion channels that underlie nociceptive transduction and transmission. Injections of mGlu5 agonists cause hypersensitivity or nocifensive behavior when administered peripherally, intrathecally, and centrally. In addition, pharmacological antagonism of mGlu5 has been suggested to be analgesic in a variety of animal pain models. Unfortunately, the selectivity of antagonists used in these studies has been called into question, suggesting that at least some of …

Calcium-Stimulated Adenylyl Cyclases Are Critical Modulators Of Fear Learning And Experience-Dependent Plasticity, Lindsay Wieczorek

All Theses and Dissertations (ETDs)

Stress can exacerbate psychiatric disease, often resulting in cognitive deficits. Consequently, a better understanding of what modulates stress-facilitated memory processing will help identify new targets for possible therapeutic intervention. Recent evidence suggests a role of the Ca2+-stimulated adenylyl cyclases: AC), AC1 and AC8, in modulating fear memory. Ca2+-stimulated AC activity couples neuronal activity and intracellular Ca2+ increases to the production of cAMP, and therefore, can very tightly regulate signal transduction after learning; yet, the details by which this occurs are not well understood. In this dissertation, I first investigated the temporal and regional importance of Ca2+-stimulated AC activity during different …

Automatic Crash Recovery: Internet Explorer's Black Box, John Moran, Douglas Orr

Journal of Digital Forensics, Security and Law

A good portion of today's investigations include, at least in part, an examination of the user's web history. Although it has lost ground over the past several years, Microsoft's Internet Explorer still accounts for a large portion of the web browser market share. Most users are now aware that Internet Explorer will save browsing history, user names, passwords and form history. Consequently some users seek to eliminate these artifacts, leaving behind less evidence for examiners to discover during investigations. However, most users, and probably a good portion of examiners are unaware Automatic Crash Recovery can leave a gold mine of …

Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser

Journal of Digital Forensics, Security and Law

The National Repository of Digital Forensics Information (NRDFI) is a knowledge repository for law enforcement digital forensics investigators (LEDFI). Over six years, the NRDFI has undertaken significant design revisions in order to more closely align the architecture of the system with theory addressing motivation to share knowledge and communication within ego-centric groups and communities of practice. These revisions have been met with minimal change in usage patterns by LEDFI community members, calling into question the applicability of relevant theory when the domain for knowledge sharing activities expands beyond the confines of an individual organization to a community of practice. When …

An Australian Perspective On The Challenges For Computer And Network Security For Novice Endusers, Patryk Szewczyk

Journal of Digital Forensics, Security and Law

It is common for end-users to have difficulty in using computer or network security appropriately and thus have often been ridiculed when misinterpreting instructions or procedures. This discussion paper details the outcomes of research undertaken over the past six years on why security is overly complex for endusers. The results indicate that multiple issues may render end-users vulnerable to security threats and that there is no single solution to address these problems. Studies on a small group of senior citizens has shown that educational seminars can be beneficial in ensuring that simple security aspects are understood and used appropriately.

Extraction Of Electronic Evidence From Voip: Identification & Analysis Of Digital Speech, David Irwin, Arek Dadej, Jill Slay

Journal of Digital Forensics, Security and Law

The Voice over Internet Protocol (VoIP) is increasing in popularity as a cost effective and efficient means of making telephone calls via the Internet. However, VoIP may also be an attractive method of communication to criminals as their true identity may be hidden and voice and video communications are encrypted as they are deployed across the Internet. This produces a new set of challenges for forensic analysts compared with traditional wire-tapping of the Public Switched Telephone Network (PSTN) infrastructure, which is not applicable to VoIP. Therefore, other methods of recovering electronic evidence from VoIP are required. This research investigates the …

The Process Of Making Amends In The Alcoholics Anonymous Program: A Qualitative Study, Allison Seperack

Open Access Master's Theses

This study explored the process of making amends in the A.A. program, specifically the effects that good and bad amends have on sobriety. Six A.A. members were recruited and participated in 30-50 minute long individual interviews to discuss the effects of good and bad amends. Interviews were transcribed and coded and five themes were developed. The fear of responsibility described the in-depth and fearful process participants underwent in admitting to past harms. Second chances at healthy relationships described the positive influences the good amends had on the self, the Higher Power, and the person to whom the amends were made. …

Gendered Patterns In High Achievement In Mathematics For Grades 4, 6, And 8, Laura J. Falvey

Open Access Dissertations

The issue of underrepresentation of women in science, technology, engineering, and mathematics (STEM) careers is especially important to the future of the United States in current times when STEM careers play an increasingly important role in the global economy (Toulmin & Groome, 2007; United States Department of Labor, 2007). The pool of students who enter careers in science, technology, engineering, or mathematics first appear in elementary school and overwhelmingly come from those with high achievement in mathematics (Berryman, 1983; Tai, Liu, Maltese, & Fan, 2006).

This study examined mathematics achievement data for students in grades 4, 6, and 8 in …

Personal Photography, Mobile Media, And Postmodernity: Analyzing Space, Time, And The Visual Culture Of Social Networking, Kevin J. Reardon

Open Access Master's Theses

Contemporary society is overwhelmed with images. Personal photography has in recent decades gone through a considerable change in terms of practice and technology. Traditional forms of production, dissemination and presentation are being uprooted and replaced by new ones. One cause for this change is the emergence of new technologies such as Multimedia Messaging Services (MMS) and Social Network Sites (SNS). These technologies are collapsing the traditional temporal and spatial aspects of personal photography. These current technologies and practices have a distinct relationship with postmodernity. This research is interested in the epistemological implications of these changes. This research utilized a critical …

Multiple Health Behavior Risks: Redefining Co-Action And Investigating Multiple Health Behavior Change Using The Transtheoretical Model, Jayson Spas

Open Access Dissertations

Despite considerable evidence to support efficacious and effective intervention for single health behaviors, relatively little is known about simultaneous multiple health behavior change. This research analyzed multiple health behavior change for three very different health risk behaviors. The sample (N=9,461) was predominantly White (93.8%), middle-aged (X= 43.9 years-old, SD=10.74) adults who met criteria for smoking, unhealthy diet, and unprotected sun exposure. Specifically, when sun protection and diet, smoking and diet, and smoking and sun protection were analyzed as three sets of behavior pairs from baseline to 24-month follow-up, results consistently demonstrated that simultaneous intervention on multiple health behavior risks increased …

Long Term Weight Variability In Adults Of Adventist Health Study 1 And 2, Namgyal Lhawang Kyulo

Loma Linda University Electronic Theses, Dissertations & Projects

Background: The effect of overweight and obesity on the risk of fatal disease tends to attenuate with age. One plausible explanation is that a proportion of elderly people in the ideal weight category (19 to 25 kg/m ) experienced disease-related weight loss - an effect that will attenuate health risk related to overweight and obesity. One potential approach to controlling for this bias would be to examine fluctuations in weight during the adult lifespan by considering multiple measures of weight or recall of body weight during adulthood. Some of these measures are available in the Adventist Health Study cohorts and …