Digital Commons Network^™

Judges And Wrongful Convictions, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Marginalizing Risk, Steven L. Schwarcz

Faculty Scholarship

A major focus of finance is reducing risk on investments, a goal commonly achieved by dispersing the risk among numerous investors. Sometimes, however, risk dispersion can cause investors to underestimate and under-protect against risk. Risk can even be so widely dispersed that rational investors individually lack the incentive to monitor it. This Article examines the market failures resulting from risk dispersion and analyzes when government regulation may be necessary or appropriate to limit these market failures. The Article also examines how such regulation should be designed,including the extent to which it should limit risk dispersion in the first instance.

From Multiculturalism To Technique: Feminism, Culture And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles

Faculty Scholarship

The German chancellor, the French president and the British prime minister have each grabbed world headlines with pronouncements that their state’s policy of multiculturalism has failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non-Western countries, revolve around the treatment of women. Yet there is also a widely noted brain drain from feminism. Feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of “culture.” …

In-House Counsel’S Role In The Structuring Of Mortgage-Backed Securities, Steven L. Schwarcz, Shaun Barnes, Kathleen G. Cully

Faculty Scholarship

The authors introduce the financial crisis and the role played by mortgage-backed securities. Then describe the controversy at issue: whether, in order to own and enforce the mortgage loans backing those securities, a special-purpose vehicle “purchasing” mortgage loans must take physical delivery of the notes and security instruments in the precise manner specified by the sale agreement. Focusing on this controversy, the authors analyze (i) the extent, if any, that the controversy has merit; (ii) whether in-house counsel should have anticipated the controversy; and (iii) what, if anything, in-house counsel could have done to avert or, after it arose, to …

The Roberta Mitchell Lecture: Structuring Responsibility In Securitization Transactions, Steven L. Schwarcz

Faculty Scholarship

In this Lecture, Professor Schwarcz examines how complex securitization transactions may have created a “protection gap,” the conundrum that transaction parties may be unable to purchase or might not want to pay the price for full protection. As a result, they sometimes choose or are forced to assume the good faith of the other parties to the transaction and the consistency and completeness of protections provided in the transaction documents.

The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel

Faculty Scholarship

In this Article, the authors show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that …

Law Of War Manuals And Warfighting: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

A Neurological Foundation For Freedom, Nita A. Farahany

Faculty Scholarship

No abstract provided.

Incriminating Thoughts, Nita A. Farahany

Faculty Scholarship

The neuroscience revolution poses profound challenges to current selfincrimination doctrine and exposes a deep conceptual confusion at the heart of the doctrine. In Schmerber v. California, the Court held that under the Self- Incrimination Clause of the Fifth Amendment, no person shall be compelled to “prove a charge [from] his own mouth,” but a person may be compelled to provide real or physical evidence. This testimonial/physical dichotomy has failed to achieve its intended simplifying purpose. For nearly fifty years scholars and practitioners have lamented its impracticability and its inconsistency with the underlying purpose of the privilege. This Article seeks to …

Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman

Faculty Scholarship

No abstract provided.

Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan

Faculty Scholarship

No abstract provided.

The Cumulative Impact Of Unemployment On Risks Of Acute Myocardial Infarction, Guangya Liu, Matthew E. Dupree, Linda K. George, Eric D. Peterson

Faculty Scholarship

Background: Employment instability is a major source of strain affecting an increasing number of adults in the United States. Little is known about the cumulative effect of multiple job losses and unemployment on the risks for acute myocardial infarction (AMI).

Methods: We investigated the associations between different dimensions of unemployment and the risks for AMI in US adults in a prospective cohort study of adults (N=13 451) aged 51 to 75 years in the Health and Retirement Study with biennial follow-up interviews from 1992 to 2010. Unadjusted rates of age-specific AMI were used to demonstrate observed differences by employment status, …

Going Outside The Law: The Role Of The State In Shaping Attitudes To Private Acts Of Violence, Tom R. Tyler, Jonathan Jackson, Aziz Huq, Ben Bradford

Public Law and Legal Theory Working Papers

Why do people believe that violence is acceptable? In this paper we study people’s normative beliefs about the acceptability of violence to achieve social control (as a substitute for the police, for self-protection and the resolution of disputes) and social change (through violent protests and acts to achieve political goals). Addressing attitudes towards violence among young men from various ethnic minority communities in London, we find that procedural justice is strongly correlated with police legitimacy, and that positive judgments about police legitimacy predicts more negative views about the use of violence. We conclude with the idea that police legitimacy has …

The Metaphysics Of Improvisation, Tobyn C. Demarco

Dissertations, Theses, and Capstone Projects

In "The Metaphysics of Improvisation," I criticize wrongheaded metaphysical views of, and theories about, improvisation, and put forward a cogent metaphysical theory of improvisation, which includes action theory, an analysis of the relevant genetic and aesthetic properties, and ontology (work-hood).

The dissertation has two Parts. Part I is a survey of the history of many improvisational practices, and of the concept of improvisation. Here I delineate, sketch, and sort out the often vague boundaries between improvising and non-improvising within many art forms and genres, including music, dance, theatre, motion pictures, painting, and literature. In addition, I discuss the concept of …

An Investigation Of The Relationship Among Social Support, Motivation, Perceived Competence, And Pursuit Of A Baccalaureate Degree Among Associate Degree Nurse Graduates, Margaret Joyce Reilly

Dissertations, Theses, and Capstone Projects

The Institute of Medicine Reports of the last ten years highlight the increased complexity of health care and the need for new ways for health providers to respond. While other professional programs have adapted to the growing complexity of the healthcare system and implemented increased educational requirements for entry to practice, notably pharmacy and physical therapy, nursing has not, and remains the least educated among health professionals The growing trend towards a two year Associate Degree as the initial nursing education degree is increasing at the same time that patient needs are becoming more complicated and health care is becoming …

Effects Of Video-Based Peer Modeling On The Question Asking, Reading Motivation And Text Comprehension Of Struggling Adolescent Readers, Kallen E. Tsikalas

Dissertations, Theses, and Capstone Projects

Struggling adolescent readers are distinct from others in two important ways: (1) They are adolescents; and (2) they have a history of struggle with reading.

Good pedagogy prescribes that effective programs "meet students where they are." For middle-school students, this means meeting them in adolescence. Adolescents are more concerned with social norms and more susceptible to peer influence than younger children. Additionally, the fact that these youth are still struggling after years of reading instruction suggests that their motivation to persist at reading is likely to have suffered. To fully support and engage such adolescents, reading programs must leverage social …

The Creeks, Beaches, And Bay Of The Jamaica Bay Estuary: The Importance Of Place In Cultivating Relationships To Nature, Kristen L. Van Hooreweghe

Dissertations, Theses, and Capstone Projects

It is often assumed that people living in urban areas lack connections to the natural world and are the source of environmental problems. This assumption, however, is an oversimplification of urban life. Employing an eco-ethnography, with participant observations, qualitative interviews, and an environmental history, this study examines New York City's Jamaica Bay estuary and surrounding neighborhoods to understand how residents cultivate their relationships to nature in a dense urban setting. Many residents near Jamaica Bay have developed a strong connection to place that is rooted in their regular, embodied experiences living, working, playing, and praying on the Jamaica Bay estuary. …

Aesthetization, Artification, And Aquariums, Thomas Leddy

Contemporary Aesthetics (Journal Archive)

‘Artification’ is a term recently coined and developed in Finnish aesthetic theory and proposed by Ossi Naukkarinen in this volume as the process of treating non-art objects as art. In this paper, I distinguish between a superficial sort of artification and a deep sort. The superficial sort is the one we need to worry about. In Part I, I consider various issues surrounding the definition of artification. In the process, I situate artification within the larger question of aestheticization. I understand aestheticization in terms of recent psychological work on supernormal stimuli and Virginia Postrel’s defense of style and surface in …

Artification And The Drawing Of Distinctions: An Analysis Of Categories And Their Uses, Kari Korolainen

Contemporary Aesthetics (Journal Archive)

The aim of the article is to examine how we distinguish between art, decoration, and furnishing within a research interview. The interview specimens here are examined by adapting the ethnomethodologically oriented method of Membership Categorization Analysis. The results indicate that the speakers rely, for example, on the context of the interview situation and also use flexible logical means, such as conditioning and comparison, to make the discussed issues more comprehensive. The results of the analysis are interpreted in the context of artification, emphasizing in particular the notion of the situated process of categorical resiliency.

Book Review: Urban Impact: Reaching The World Through Effective Urban Ministry By John L. Thompson, Timothy R. Sisk

Great Commission Research Journal

No abstract provided.

Disturbing The Power Equilibrium: How Notions Of Private And Public Construct The Lesbian Educator In The American School System, Lillian Petrovich Brandt

Dissertations

Educational institutions are places permeated with the dominant social ideology and are sites for social reproduction; that is, the American school socially reproduces the white, male heteronormativity of the American public life. These dominant institutions perpetuate privilege for some, but not for others who are not represented in the dominant discourse. At times rendered invisible and private inside the school, a lesbian educator, may, in fact, be visible and public outside the school. There is a paucity of research on lesbian, gay, bisexual and transgender (LGBT) educators, yet queer educators exist in the school setting in which a "don't ask …

How Do Secondary Science Teachers Understand And Implement Technological Design In Their Classrooms?, Kathryn H. Heroux

Dissertations

This qualitative, phenomenological study examined how ten secondary science teachers from a variety of different schools around the country understand and implement technological design in their classrooms. The results of this study indicate that these teachers were drawn to the tenets of technological design because of its inherent challenge to their own pedagogical strategies, and its ability to stimulate and motivate their students. The future of science education with respect to technological design is examined, and compared with the standards that will emerge in the new science standards soon to be finalized and circulated.

Modernism En Vogue: Popular Periodicals And Their Engagement With Modernist Culture, Natalie Kalich

Dissertations

My project investigates commercial magazines from the 1920s, including, The Saturday Evening Post, Ladies' Home Journal, Vogue, and Vanity Fair to reveal the frequency with which modernist writers contributed to these periodicals and the extent to which editors of these magazines found modernist discourse marketable to larger audiences, thereby undermining the assumption that modernists only spoke to a coterie audience. Furthermore, by investigating the similarities present in discourse on modernism and developments in popular culture such as jazz and film in a commercial context, I expand and complicate constructions of modernist and popular culture from both sides of the cultural …

Measuring The Impact Of A Residential Learning Community On The Mental Health And Well-Being Of Art Students In Higher Education, Deborah Katherine Martin

Dissertations

College students are experiencing mental health concerns at an alarming rate. Art students are a particularly vulnerable sub-population, as artists appear to be more susceptible to mental illness than the general population. Many students do not seek assistance through conventional methods designed by colleges and universities to address their mental health; therefore, colleges and universities must look for alternate methods of supporting students. This quantitative study explores the impact a residential college program (RCP) with an emphasis on engaged learning has on art student mental health and well-being.

The Development Of Science Identity: An Evaluation Of Youth Development Programs At The Museum Of Science And Industry, Chicago, Sam Cole

Dissertations

The following dissertation presents findings from a year-long evaluation of informal scientific education programs at the Museum of Science and Industry in Chicago, Illinois. Science identity, rather than scientific knowledge, was the analytic lens through which the programs' effectiveness was assessed. A goal of the Museum generally, and the programs specifically, is to increase public identification with the field of science. Science identity was assessed using a novel survey instrument and three focus groups. Hierarchical linear models found a positive relationship between time enrolled in the Science Minors program and the development of science identity. These analyses also point to …

In Search Of Resilience And Positive Health Outcomes In Low-Income Adolescents With Asthma, Darla Kim Dewolff

Dissertations

Asthma is a chronic lung disease of epidemic proportions affecting 24.6 million Americans, including 7.0 million children. In particular, 22% of high school students indicated a doctor or a nurse had told them that they had asthma, with 10.8% with current asthma. The disease disproportionately afflicts minority children from low-income areas. Adolescents with asthma, who live in such areas, are at particular risk for increased morbidity and mortality. The purpose of this study was to examine the degree to which the phenomenon of resilience, observed in other physical health and psycho-social contexts, may be found in adolescents with asthma exposed …

Coping Mechanisms Among Lebanese First-Time College Students, Rita Doumit

Dissertations

No abstract provided.

Examining Female Principals That Lead Within The Same Schools That They Once Taught, Erica Michele Jordan

Dissertations

The purpose of this study was to examine female principals that once taught within the school that they now lead. This study explored the transition from colleague to superior and discussed Sergiovanni's Sources of Authority (1992) that are employed by female administrators to balance social relationships while maintaining high levels of teacher expectations, conducting formal/informal evaluations, and exerting disciplinary actions when appropriate. This study served to explain what happened to social relationships when there was a positional power shift over a person where a friendship had previously been established.

Eleven female principals throughout suburban areas of Chicago, Illinois, that once …

Effects Of Functional Communication Training (Fact) On The Communicative, Self-Initiated Toileting Behavior For Students With Developmental Disabilities In A School Setting, Jinnie Kim

Dissertations

Far less is known about the effects of functional communication-based toileting interventions for students with developmental disabilities in a school setting. Furthermore, the currently available toileting interventions for students with disabilities include some undesirable procedures such as the use of punishment, unnatural clinic/university settings as opposed to more natural school/home settings, and prompt-based as opposed to communicative, self-initiating skills. The current study examined the effectiveness of FCT on the incidence of communicative, self-initiated toileting and of toileting accidents without any punishment components, which were often considered as necessary in traditional toileting procedures. A multiple baseline design was used for the …

Mothers' Perceptions Of Social Work Helpgiving Practices: Implications For The Role Of The School Social Worker, Kristina Lind

Dissertations

No abstract provided.