Digital Commons Network^™

The Romantic Collective Author, Margaret Chon

Faculty Articles

Although the romantic collective author is a much more elusive creature than its romantic individual counterpart, it can be discerned amidst the proliferation of expression on the Internet. This article first outlines the ways in which the romantic author effect operates through both its genius and its arbiter prongs within collaborative authorship practices in digital networks. It next turns to scientific collaboration, where this author effect is attenuated, to assess whether scientific authorship practices might contribute to a more realistic and less romantic understanding of expressive authorship practices. A subsequent case study of collaborative digital authorship by Wikipedia contributors uncovers …

Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?, Brooke D. Coleman

Faculty Articles

Every year in Professor Brooke Coleman’s 1L Civil Procedure course, she introduces the subject with a collection of due process cases. The cases force students to confront the tension between procedural efficiency and fairness right out of the gate. It sets a fantastic tone for a course that is essentially all about managing that tension. One particular case, Lassiter v. Department of Social Services, really gets students’ attention. The debate about that case is inevitably a lively one. However, every year when Professor Coleman teaches it, she finds herself rejecting the case and its approach even more. In short, …

Summary Judgment: What We Think We Know Versus What We Ought To Know, Brooke D. Coleman

Faculty Articles

The twenty-fifth anniversary of the “trilogy” of summary judgment cases provides a perfect moment to reflect on what summary judgment means to our civil justice system. However, it goes without saying that summary judgment is not one of those procedural topics that has received little attention. Indeed, it is an area of procedure that has produced heated debates, plenty of press, and volumes of law review articles. So, this is not a little-studied area that only gets discussed on these landmark occasions. This leads to the following inquiry: What more can really be written about a topic that appears to …

The Vanishing Plaintiff, Brooke D. Coleman

Faculty Articles

What if restrictive procedural rules kept cases like Bakke v. Regents of the Univ. of Cal., Monell v. Dept. of Soc. Servs., and Hopkins v. Price Waterhouse from making it past a motion to dismiss and on to the Supreme Court? A case like Bakke is well-known for its holding about the use of race in admissions policies. But imagine that Alan Bakke was never able to get his original trial court complaint past a motion to dismiss, through discovery, and on to a final, appealable judgment. While reasonable people can disagree about the merits of Bakke, it …

Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado

Faculty Articles

The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but are beginning to occupy the same territory. After describing the two paradigms and explaining their origin and operation, he puts forward a prediction for what their convergence may portend for the future of civil rights thought.

Recent Writing On Law And Happiness, Richard Delgado

Faculty Articles

In the course of a review of recent books on the hedonic level of lawyers' lives, Professor Richard Delgado puts forward an explanation for the high rate of stress, anxiety, depression, and burnout among lawyers. Professor Delgado examines suggestions of leading authorities on how attorneys may achieve happiness, usually through extrinsic measures such as more vacations, exercise, or meditation. He also considers proposals on how supervisors can make legal workers more content, including more art work for the walls, windows with leafy outlooks, a basketball court, or more praise. Professor Delgado specifically criticizes the teachings of positive psychology, explaining that …

Four Reservations On Civil Rights Reasoning By Analogy: The Case Of Latinos And Other Nonblack Groups, Richard Delgado

Faculty Articles

The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime internment, and discriminatory labor laws. Middle Eastern people suffer from suspicion that they are terrorists. Blacks suffered slavery and Jim Crow.

Yet our system of civil rights derives, in large part, from the experience of only Blacks, and aims to redress a single, momentous harm, namely slavery and its lingering effects. This is particularly …

Powerful Buyers And Merger Enforcement, John B. Kirkwood

Faculty Articles

Although large buyers like Walmart and Tyson Foods occupy important positions in the American economy, antitrust law remains focused on the conduct of sellers. Moreover, when mergers of buyers have been challenged, the cases have been based on a single theory – that the merger would create a dominant buyer (or group of buyers) that would exploit small, powerless suppliers. Most powerful buyers, however, face suppliers with power of their own, and in such cases, the buyers exert “countervailing power,” which can also be anticompetitive. Yet buyer mergers that reduce competition through the exercise of countervailing power are not addressed …

Painting Beyond The Numbers: The Art Of Providing Access In Law School Admissions To Ensure Full Representation In The Profession, Paula Lustbader

Faculty Articles

No abstract provided.

Crimes Of Misery And Theories Of Punishment, John B. Mitchell

Faculty Articles

Increasingly, one sees the homeless on the streets, alleys, and doorways of commercial, recreational, and living spaces of our cities otherwise populated by the affluent and relatively affluent. At the same time, there has been an increase in the creation and use of so-called “public order laws,” such as forbidding sitting on sidewalks, lying down on benches, and panhandling in certain tourist areas. Together with laws already on the books forbidding public intoxication, open containers of liquor in public and urinating in public, this suite of laws provide police with a means to control the day-to-day lives of the homeless …

(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias, Anna Roberts

Faculty Articles

This Article investigates whether one of the most intractable problems in trial procedure can be ameliorated through the use of one of the most striking discoveries in recent social science. The intractable problem is selecting a fair jury. Current doctrine fails to address the fact that jurors harbor not only explicit, or conscious, bias, but also implicit, or unconscious, bias. The discovery is the Implicit Association Test ("IAT"), an online test that aims to reveal implicit bias.

This Article conducts the first comparison of proposals that the IAT be used to address jury bias. They fall into two groups. The …

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.