Digital Commons Network^™

Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts

Faculty Articles

This Article, "Disparately Seeking Jurors: Disparate Impact and the (Mis)use of Batson," uncovers a stark inequality within Equal Protection jurisprudence. On the 25th Anniversary of the Supreme Court’s decision in Batson v. Kentucky, which established a three-step test for assessing claims of purposeful discrimination in jury selection, I present the first comprehensive research on the application by the lower federal courts of Batson’s disparate impact analysis. The results are striking. Whereas the test was developed to prevent the discriminatory removal of African American jurors from the trials of African Americans, the courts now use disparate impact analysis only to …

The Guardians Of Knowledge In The Modern State: Post’S Republic And The First Amendment, David M. Skover, Ronald K. L. Collins

Faculty Articles

Collins and Skover’s essay examines Yale Law School Dean Robert Post’s recent book, Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State (Yale, 2012). Collins and Skover describe and examine Dean Post’s dichotomy between the realm of “democratic legitimation,” where the First Amendment should offer its strongest protections, and the realm of “democratic competence,” where the First Amendment should yield to the findings of knowledgeable experts. Questioning the theoretical premises of Dean Post’s book, they argue that a “harm principle” may better explain much of the First Amendment doctrine that Post attempts to reconcile with his …

Terrace V. Thompson And The Legacy Of Manifest Destiny, Jean Stefancic

Faculty Articles

No abstract provided.

Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure, Kirsten Schimpff

Faculty Articles

No abstract provided.

Un-Apologizing For Context And Experience In Legal Education, John Mckay

Faculty Articles

This Essay accompanies the Fifth Annual Symposium at Creighton University School of Law addressing the rapidly changing legal profession and our not-so-rapidly changing legal education and law school pedagogy. The Symposium's focus on the changing practice of law provides an opportunity to reconsider the woefully incomplete effort by law schools to respond to the challenge of the Carnegie Report and its many preceding critics. Rather than merely pile on, however, this Essay suggests that Jesuit law schools in particular might have something to offer their colleagues-an experiential teaching style grounded in centuries old pedagogy inspired by the founder of the …

The Inquisitorial Advantage In Removal Proceedings, Won Kidane

Faculty Articles

This article takes a radically different and unique approach to improving due process in removal/deportation proceedings. It argues that the existing adversarial system of adjudication, which is incontrovertibly inefficient, expensive and unfair, is a product of cultural imaginary. It demonstrates that if the current adversarial model is measured by contemporary utilitarian standards, it is utterly counterproductive. The article then recommends the adoption of the inquisitorial model of the civilian system by converting the majority of the 951 government lawyers, who now serve as the non-citizens’ adversaries, into administrative law judges. Through a comparative analysis of the common law and civil …

A Senior Faculty Member’S Favorite Sabbatical: My Teaching Sabbatical, John B. Mitchell

Faculty Articles

Professor John Mitchell had taken several typical sabbaticals—travel and research culminating in several articles and a book—and up until the last minute, his spring 2009 sabbatical promised nothing very different. And then with a single phone call, his sabbatical book project collapsed. There was nothing else about which he was passionate at that time, and it seemed stupid to arbitrarily choose a topic and then spend the next four years writing a book he didn't care about. In the midst of scrambling desperation, the idea of a sabbatical focused not on a scholarly project, but on his primary teaching focus …

The Status Of Clinical Faculty In The Legal Academy: Report Of The Task Force On The Status Of Clinicians And The Legal Academy, Bryan Adamson

Faculty Articles

In the midst of ongoing debates within the legal academy and the American Bar Association on the need for "practice-ready" law school graduates through enhanced attention to law clinics and externships and on the status of faculty teaching in those courses, this report identifies and evaluates the most appropriate modes for clinical faculty appointments. Drawing on data collected through a survey of clinical program directors and faculty, the report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of …

Diversity Within Racial Groups And The Constitutionality Of Race Conscious Admissions, Vinay Harpalani

Faculty Articles

This Article offers a novel doctrinal resolution of the key issues in Fisher v. Texas, the impending Supreme Court case which involves race-conscious admissions policies at the University of Texas at Austin ("UT"). The resolution proposed here addresses Justice Anthony Kennedy's concerns about race-conscious policies, but also preserves most of the Courts 2003 Grutter v. Bollinger ruling, in spite of the fact that Justice Kennedy dissented in Grutter. Substantively, the Article clarifies the key issues in Fisher (the meaning of "critical mass" and the scope of deference that courts give to universities) by focusing on a simple idea that permeates …

Darth Vader, John B. Kirkwood

Faculty Articles

An obituary for Thomas J. Holdych, contracts and commercial law professor at the Seattle University is presented.

Reflections On My Colleague, Tom Holdych, Janet Ainsworth

Faculty Articles

An obituary for Thomas J. Holdych, contracts and commercial law professor at the Seattle University is presented.

Tom Holdych: A Tribute, In “In Memory Of Professor Thomas J. Holdych”, Chris Rideout

Faculty Articles

An obituary for Thomas J. Holdych, contracts and commercial law professor at the Seattle University is presented.

Perceived Partner Support In Pregnancy Predicts Lower Maternal And Infant Distress, Lynlee R. Tanner Stapleton, Christine Dunkel Schetter, Erika Westling, Christine Rini, Laura M. Glynn, Calvin J. Hobel, Curt A. Sandman

Psychology Faculty Articles and Research

Maternal postpartum emotional distress is quite common and can pose significant risk to mothers and infants. The current study investigated mothers' relationships with their partners during pregnancy and tested the hypotheses that perception of prenatal partner support is a significant predictor of changes in maternal emotional distress from midpregnancy to postpartum, and contributes to maternal ratings of infant distress to novelty. Using a prospective longitudinal design, 272 adult pregnant women were interviewed regarding their partner support, relationship satisfaction, and interpersonal security (attachment style and willingness to seek out support), and they completed standardized measures of prenatal symptoms of depression and …

Increasing Parity Is Associated With Cumulative Effects On Memory, Laura M. Glynn

Psychology Faculty Articles and Research

BACKGROUND: The purpose of this investigation was to determine if reproductive experience is associated with cumulative effects on human memory performance during pregnancy and if these effects persist into the postpartum period.

METHODS: Verbal recall memory performance was assessed in 254 women four times during pregnancy and at 3 months postpartum. The relation between parity and memory function was evaluated with hierarchical linear modeling and analysis of covariance (ANCOVA).

RESULTS: The data indicate that the previously documented adverse effects of pregnancy on memory performance are compounded with successive pregnancies. During gestation and postpartum, multiparity was associated with poorer memory function, …

Social Norms, Discrete Choices, And False Dichotomies, Eric Schniter, Nathaniel Wilcox

Psychology Faculty Articles and Research

Eric Schniter and Nathaniel Wilcox comment on Bram Tucker's article, "Do Risk and Time Experimental Choices Represent Individual Strategies for Coping with Poverty or Conformity to Social Norms? Evidence from Rural Southwestern Madagascar", which "revisits a debate played out in Current Anthropology as to whether subsistence decisions are the result of individual strategy to cope with poverty and increase wealth... or conformity to social norms."

A Complex Systems Science Perspective For Whole Systems Of Complementary And Alternative Medicine Research, Mary Koithan, Iris R. Bell, Kathryn Niemeyer, David Pincus

Psychology Faculty Articles and Research

Whole systems complementary and alternative medicine (WS-CAM) approaches share a basic worldview that embraces interconnectedness; emergent, non-linear outcomes to treatment that include both local and global changes in the human condition; a contextual view of human beings that are inseparable from and responsive to their environments; and interventions that are complex, synergistic, and interdependent. These fundamental beliefs and principles run counter to the assumptions of reductionism and conventional biomedical research methods that presuppose unidimensional simple causes and thus dismantle and individually test various interventions that comprise only single aspects of the WS-CAM system. This paper will demonstrate the superior fit …

Self-Organizing Biopsychosocial Dynamics And The Patient-Healer Relationship, David Pincus

Psychology Faculty Articles and Research

The patient-healer relationship has an increasing area of interest for complementary and alternative medicine (CAM) researchers. This focus on the interpersonal context of treatment is not surprising as dismantling studies, clinical trials and other linear research designs continually point toward the critical role of context and the broadband biopsychosocial nature of therapeutic responses to CAM. Unfortunately, the same traditional research models and methods that fail to find simple and specific treatment-outcome relations are similarly failing to find simple and specific mechanisms to explain how interpersonal processes influence patient outcomes. This paper presents an overview of some of the key models …

Completeness For The Coalgebraic Cover Modality, Clemens Kupke, Alexander Kurz, Yde Venema

Engineering Faculty Articles and Research

We study the finitary version of the coalgebraic logic introduced by L. Moss. The syntax of this logic, which is introduced uniformly with respect to a coalgebraic type functor, required to preserve weak pullbacks, extends that of classical propositional logic with a so-called coalgebraic cover modality depending on the type functor. Its semantics is defined in terms of a categorically defined relation lifting operation.

As the main contributions of our paper we introduce a derivation system, and prove that it provides a sound and complete axiomatization for the collection of coalgebraically valid inequalities. Our soundness and completeness proof is algebraic, …

Self-Injury And Eating Disorders In Minors: When Should The Human Service Professional Break Confidentiality?, Laurie Craigen, Rebekah Cole

Counseling & Human Services Faculty Publications

The decision to protect or breach confidentiality is a common ethical dilemma for human service professionals. This decision is further complicated when the client is a child or adolescent. This manuscript examines the issue of confidentiality and minors with two common harmful behaviors in adolescents: self-injury and eating disorders. A continuum of physical and psychological factors are included to help the human service profession in ethical decision making. Two case studies followed by a list of questions to use in the decision making process are also provided.

Climate Justice, Daniel A. Farber

Michigan Law Review

Eric Posner and David Weisbach take the threat of climate change seriously. Their book Climate Change Justice offers policy prescriptions that deserve serious attention. While the authors adopt the framework of conventional welfare economics, they show a willingness to engage with noneconomic perspectives, which softens their conclusions. Although they are right to see a risk that overly aggressive ethical claims could derail international agreement on restricting greenhouse gases, their analysis makes climate justice too marginal to climate policy. The developed world does have a special responsibility for the current climate problem, and we should be willing both to agree to …

Detention Debates, Deborah N. Pearlstein

Michigan Law Review

Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …

Context And Trivia, Samuel Brenner

Michigan Law Review

My academic mantra, writes Professor James C. Foster in the Introduction to BONG HiTS 4 JESUS: A Perfect Constitutional Storm in Alaska's Capital, which examines the history and development of the Supreme Court's decision in Morse v. Frederick, "[is] context, context, context" (p. 2). Foster, a political scientist at Oregon State University, argues that it is necessary to approach constitutional law "by situating the U.S. Supreme Court's ... doctrinal work within surrounding historical context, shorn of which doctrine is reduced to arid legal rules lacking meaning and significance" (p. 1). He seeks to do so in BONG HiTS 4 JESUS …

Front Matter

Michigan Law Review

No abstract provided.

Front Matter

Michigan Law Review

No abstract provided.

Patterns And Predictors Of Debt: A Panel Study, 1985-2008, Richard K. Caputo

The Journal of Sociology & Social Welfare

Relying on panel data from the National Longitudinal Survey of Youth (NLSY79), this study finds that about half the study sample (N = 5,304) never experienced annual debt between 1985 and 2008, that the vast majority of those who incurred annual debt were short-term (1 year) or intermittent debtors (2-4 years), that the proportion of the study sample in debt for the most part declined over time, but also that the level of debt increased. Multinomial regression results indicated that health status and level of changes in income are robust predictors of debt in general, that age and race/ethnicity are …

The Justiciability Of Fair Balance Under The Federal Advisory Committee Act: Toward A Deliberative Process Approach, Daniel E. Walters

Michigan Law Review

The Federal Advisory Committee Act's requirement that advisory committees be "fairly balanced in terms of the points of view represented and the functions to be performed" is generally considered either nonjusticiable under the Administrative Procedure Act or justiciable but subject to highly deferential review. These approaches stem from courts' purported inability to discern from the text of the statute any meaningful legal standards for policing representational balance. Thus, the Federal Advisory Committee Act's most important substantive limitation on institutional pathologies such as committee "capture" or domination is generally unused despite the ubiquity of federal advisory committees in the modern regulatory …

Front Matter

Michigan Law Review

No abstract provided.

Role, Identity, And Lawyering: Empowering Professional Responsibility, Natasha Martin

Faculty Articles

This piece was written for a program held by the American Association of Law Schools Section on Law and Humanities, "Excavating and Integrating Law and Humanities in the Core Curriculum," on January 5, 2012.The Professional Responsibility course has the potential to have the greatest impact on our students' futures in the profession. Paradoxically, however, it remains one of the most undervalued courses in most law school curricula. The complexity of teaching Professional Responsibility is well documented by scholars. Most teachers in this area, novices and veterans alike, acknowledge the challenge of teaching a course whose subject matter and application is …

Front Matter

Michigan Law Review

No abstract provided.

Front Matter

Michigan Law Review

No abstract provided.