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Marital Property Annotated Bibliography, Nancy Levit

Faculty Works

This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.

Closing The Loophole In Massachusetts Protection Order Legislation To Provide Greater Security For Victims Of Sexual Assault: Has Massachusetts General Laws Chapter 258e Closed It Enough, Hayley Jodoin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Outpatient Commitment: The Role Of Counsel In Preserving Client Autonomy, R. A. Bernfeld

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Standing On Holy Ground: How Rethinking Justiciability Might Bring Peace To The Establishment Clause, John M. Bickers

Cleveland State Law Review

The Establishment Clause is home to both procedural and substantive disorder. Particularly when evaluating religious speech by the government, the Supreme Court has applied a number of distinct tests, with varying degrees of strictness. There has never been an overarching principle for determining which test would appear at which time; commentators, and occasionally the Justices themselves, have suspected that desired results drove the choice of tests. At the same time, the Court has articulated a series of requirements necessary for a plaintiff to have standing to challenge government action, only to ignore them in government religious speech cases. The resulting …

The Adam Walsh Child Protection And Safety Act: Legal And Psychological Aspects Of The New Civil Commitment Law For Federal Civil Commitment Law For Federal Sex Offenders , John Fabian

Cleveland State Law Review

The Adam Walsh Act (AWA) became law on July 27, 2006, and is the most expansive and punitive sex offender law ever initiated by the federal government. One aspect of the statute, and the topic of this article, is the civil commitment of federal sex offenders. The AWA civil commitment law has its roots in prior U.S. Supreme Court cases including Kansas v. Hendricks and Kansas v. Crane. While the federal commitment statute is similar to traditional state commitment laws, the AWA does not provide for a finding of "likely" to commit sex offenses. Rather, the statute defines a "sexually …

Crime, Punishment, And The Psychology Of Self-Control, Rebecca Hollander-Blumoff

Emory Law Journal

Criminal law, by design, assigns culpability for intentional, volitional action. Criminal law theory and criminal law doctrine thus both place an important emphasis on an individual's ability to control his or her behavior.

Enhancing The Application And Evaluation Of A Discrete Trial Intervention Package For Eliciting First Words In Preverbal Preschoolers With Asd, Ioanna Tsiouri, Elizabeth Schoen Simmons, Rhea Paul

Communication Disorders Faculty Publications

This study evaluates the effectiveness of an intervention package including a discrete trial program (Rapid Motor Imitation Antecedent Training (Tsiouri and Greer, J Behav Educat 12:185–206, 2003) combined with parent education for eliciting first words in children with ASD who had little or no spoken language. Evaluation of the approach includes specific intervention targets and functional spoken language outcomes (Tager-Flusberg et al., J Speech Lang Hear Res 52:643–652, 2009). Results suggest that RMIA, with parent training, catalyzes development of verbal imitation and production for some children. Three of five participants acquired word production within the DTT framework and achieved milestones …

Acoustic Differences In The Imitation Of Prosodic Patterns In Children With Autism Spectrum Disorders, Joshua J. Diehl, Rhea Paul

Communication Disorders Faculty Publications

In research, it has been difficult to characterize the prosodic production differences that have been observed clinically in autism spectrum disorders (ASD). Moreover, the nature of these differences has been particularly hard to identify. This study examined one possible contributor to these perceived differences: motor planning. We examined the ability of children and adolescents with ASD to imitate prosodic patterns in comparison to a group with learning disabilities (LD) and a typically developing (TD) comparison group. Overall, we found that both the ASD and LD groups were significantly worse at perceiving and imitating prosodic patterns than the TD comparison group. …

Cruel And Unusual Punishment: Confining Juveniles With Adults After Graham And Miller, Andrea Wood

Emory Law Journal

Thousands of juveniles are currently confined with adults in detention and correctional facilities throughout the United States. Juveniles confined in adult facilities face grave dangers to their safety and well-being, including significantly higher rates of physical assault, sexual abuse, and suicide than their counterparts in juvenile facilities. These dangers and other conditions of juvenile confinement with adults give rise to concerns of constitutional dimension. In its Eighth Amendment jurisprudence, the United States Supreme Court has created categorical rules prohibiting the imposition of certain punishments on entire categories of offenders as cruel and unusual punishment.

Principles For Passion Killing: An Evolutionary Solution To Manslaughter Mitigation, D. Barret Broussard

Emory Law Journal

The law recognizes the frailty of human nature by mitigating murder to manslaughter when committed in the heat of passion or under extreme emotional disturbance. Evolutionary analysis entails the scientific study of the principles of human nature. Yet, the law's understanding of human nature is not congruent with evolutionary analysis. To be legally provoked under common law for manslaughter mitigation, a homicide must be in response to one of four kinds of provocation: adultery, mutual combat, false arrest, and violent assault. And under adultery, only sexual infidelity counts. Sexual infidelity is not the only type of infidelity that can push …

A Punishment-Free, Toilet-Training Protocol For Children With Developmental Disabilities, Chelsea Lynn Pearsall

All Master's Theses

The present investigation adapted a behaviorally-based toilet-training protocol for use with two male children with developmental disabilities. Positive practice and verbal reprimands were eliminated, and reinforcement, scheduled sits, and a urine alarm were utilized. Data were collected on the number of intoilet urinations, urinary accidents, and self-initiations. Results show that both participants exhibited significant improvement in their toileting skills and met the final success criteria rapidly. These results were maintained through follow-up. Implications for the elimination of punishment procedures in future toilet training protocols are discussed.

Authentic Human Development And Vector Forces In Education: Drawing On The Thought Of Bernard Lonergan, S.J. In Addressing Some Key Issues In Educational Philosophy, Andrew Dwight

Jesuit Higher Education: A Journal

Our basic response as humans to a world we did not create is not thought but intentionally oriented by affectivity. Our understanding of the nature of this intentionality has profound implications for our educational design and practice, from the level of curriculum development through to individual teaching moments. The work of Bernard Lonergan seek to understand the constituent elements of the primordial drive that leads to our sense of understanding, understanding that for Lonergan necessarily involves our agency. This paper considers Lonergan‘s articulation of the operations as we engage in our world, as well as some implications such an understanding …

Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cupola, 2012, Western New England University

Yearbooks

Western New England University was founded in 1919 as the Springfield Division of Northeastern University. The senior yearbooks bore the name of Northeastern University in some way until 1953. The yearbook was given its present day title, The Cupola, in 1961. Yearbooks contain photos of graduating seniors, campus events, student clubs and organizations, faculty and staff, athletic teams and events, and other memorable occasions from the academic year.

Communicator, Winter 2012, Wneu Alumni Association

Alumni Magazines

No abstract provided.

The Second Glass Ceiling Impedes Women Entrepreneurs, Douglas A. Bosse, Porcher L. Taylor Iii

Management Faculty Publications

The glass ceiling phenomenon that impedes the advancement of talented women professionals into senior executive roles inside large corporations is widely recognized in society, studied in the management literature, taught in business schools, and tangibly felt by many women executives. Outside the corporate setting, we show that a second glass ceiling exists for women entrepreneurs and women small business owners. This second glass ceiling is a gender bias that obstructs women-owned small firms from accessing the financial capital required to start new firms and fuel the growth of existing firms. This paper (1) defines the second glass ceiling phenomenon, (2) …

Recidivism Rates Of Youth Discharged From Supervision 2006 - 2009, Becky Noréus, Jillian Foley Mppm

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

Recidivism in this report is defined as a re‐adjudication (juvenile system) or conviction (adult system) for a new offense committed by a youth in Maine within three years after release from DJS supervision. This report measures DJS impact on youth who have been released from DJS supervision by …

2012-2013 Graduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett

Hofstra Labor & Employment Law Journal

This article examines federal opinions from 2005-2011 challenging subjective employment practices under a 'disparate impact' or 'pattern or practice' theory to assess the likely impact of Dukes v. Wal-Mart on such cases. Although the Wal-Mart ruling favors employers, results suggest that the ruling’s effect on employer selection practices will be muted by the low prevalence of such claims. An average employer’s litigation risk in connection with such claims is so vanishingly small that I surmise they rarely examine or alter their subjective selection practices in response. However, the risk of a lawsuit challenging subjective employment practices was not homogenous across …

Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio

Hofstra Labor & Employment Law Journal

No abstract provided.

In Brief

In Brief

Table of Contents

• Using Medical Practice Guidelines As Safe Harbors in Medical Malpractice Cases: A Bad Idea Gets Revisited
• The Euro Debt Crisis and the Deadly Metaphor
• Personal Jurisdiction at the Crossroads: An End to the Effects Test?
• The Limits of WTO Adjudication: Is Compliance the Problem?
• Finding a Place in the Profession: Lawyers With Disabilities
• Can Defense Lawyers Make Use of Investigatory Deceit in Criminal Investigations?
• Default Rules for Interpretation Should Not Be Left to Party Choice
• Interview with Former Actor-Turned-Legal Scholar (Korsmo)
• The Retirement of Arthur D. Austin
• Faculty Briefs
• An Unexpected Awakening to Wrongful Conviction
• The Journey …

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Law Faculty Articles and Essays

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …

(2012) "I Must Change My Life": A Review Of Mathew Lipman’S A Life Teaching Thinking, David K. Kennedy

Collected Papers of David Kennedy

Born in 1923 and recently deceased after a long struggle with Parkinson’s Disease, Matthew Lipman wrote this brief but detailed autobiography just before his illness made it impossible to write any more. It begins with memories of earliest childhood and his preoccupation with the possibility of being able to fly, moves through the years in which his family struggled with the effects of the Great Depression, through his service in the military during World War II, his discovery of the joy and beauty of philosophy, his quick academic rise at Columbia University, his sojourn in Paris, and his early and …

(2012) My Name Is Myshkin: A Philosophical Novel For Children, David K. Kennedy

Collected Papers of David Kennedy

My Name is Myshkin is a philosophical novel written with children ages approximately 10-14 in mind. The book offers a fantasy adventure plot line interweaving narrative themes of ecology, mythology, psychology, spirituality and social justice, which interplay with its more purely philosophical material. Myshkin, the ten-year old narrator of the story, engages in numerous conversations with three school friends. A few of the many questions they take up are: whether one “is” one’s body, how we can tell what is real, animals and humans, youth and age, what is alive, the origins of evil, superstition and belief, whether there is …

Edra 43: Bibliography Of Books On Display, Kathleen Demsky

Bibliographies

edra 43 | Emergent Placemaking | Seattle, WA

Journey Through Trauma, A. Kay Schaaf

Journal of Applied Christian Leadership

No abstract provided.

Who Is My Neighbor?, Todd Johnson

Journal of Applied Christian Leadership

No abstract provided.

Thorns Also And Thistles, Warren A. Shipton

Journal of the Adventist Theological Society

No abstract provided.

The Implications Of Arminius' Understanding Of The Intellect On Knowledge Exchange Strategies In The Mission Of The Sda Church, Terry Dwain Robertson

Journal of the Adventist Theological Society

No abstract provided.

A Dialogue Between Contemporary Perspectives And Ellen White On Divine Action And Quantum Physics, Michael F. Younker

Journal of the Adventist Theological Society

No abstract provided.