Digital Commons Network^™

Review Of Colin Dayan’S The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, Dean Spade

Faculty Articles

Professor Dean Spade reviews Colin Dayan’s The Law Is a White Dog: How Legal Rituals Make and Unmake Persons.

The Invention Of Asian Americans, Robert S. Chang

Faculty Articles

The essay begins by examining amicus briefs submitted in Fisher v. Texas by Asian American organizations in support of and in opposition to affirmative action. What does it mean when groups that purportedly protect, advance, and represent the interests of Asian Americans invoke the historical treatment of Asian Americans and present facts about Asian Americans but end up advocating for opposite outcomes? This Essay starts with the competing Asian American perspectives and assertions of authority expressed in these briefs to explore the theme of a Symposium at the UC Irvine School of Law, provocatively entitled, Reigniting Community: Strengthening the APA …

Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James Puckett

Faculty Articles

The Supreme Court's decision in Mayo Foundation for Medical Education and Research v. United States underscored the importance of a uniform approach to judicial review of administrative action; accordingly, the Court clarified that tax administration is generally subject to the same review as other kinds of administrative action by other federal agencies. Tax guidance from the IRS and Treasury Department serves an important role in clarifying the tax law so that taxpayers may report their tax liability accurately and plan their affairs. Meanwhile, aggressive attempts by a relatively small number of taxpayers to avoid tax liability by exploiting arguable ambiguities …

The Essence Of Antitrust: Protecting Consumers And Small Suppliers From Anticompetitive Conduct, John B. Kirkwood

Faculty Articles

The goals of antitrust law continue to be debated because there is no single goal that is unambiguously correct. There is one goal, however, that now commands wider support than any other: protecting consumers and small suppliers from anticompetitive conduct – conduct that creates market power, transfers wealth from consumers or small suppliers, and fails to provide them with compensating benefits. This goal is the predominant objective in the legislative histories, it is broadly supported by the American people, it is easier to administer than total welfare, and it is now espoused by the majority of courts. Proponents of total …

"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong

Faculty Articles

Conventional wisdom states that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of …

Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Lily Kahng, Mary Louise Fellows

Faculty Articles

This Article advocates fundamental changes in the federal income tax base by systematically challenging conventional understandings of consumption and investment. As signaled by its title, "Costly Mistakes," this Article's thesis has to do with the disparate treatment of expenditures incurred by business owners and workers. Where the current tax law treats a business owner's expenditure as investment, the Article sometimes finds consumption and questions why the law should allow the expenditure to be deducted. Where the tax law treats a worker's expenditure as consumption, the Article sometimes finds investment and questions why the law does not allow at least a …

Transforming Domestic Violence Representation, Jane Stoever

Faculty Articles

The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman

Faculty Articles

Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …

Drug Panics In The Twenty-First Century: Ecstasy, Prescription Drugs, And The Reframing Of The War On Drugs, Deborah Ahrens

Faculty Articles

The Supreme Court has failed to clarify this important procedural exception to the clear error standard. More than this, the Court has failed to explain why it refuses to apply independent judgment to all constitutional facts. The results of the differential treatment of these two legal concepts are: 1) Rule 52, and the Supreme Court’s approach to its constitutional fact exception is another type of denial of structural due process, preventing the legal norming of intentional discrimination jurisprudence; 2) institutional interests of doctrinal coherence and decisional accuracy are minimized in favor of reducing direct costs to the judicial system; 3) …

Derrick A. Bell, Jr.: Serving Two Masters Elegantly, Margaret Chon

Faculty Articles

Tribute to Professor Derrick Bell

Placental Corticotropin-Releasing Hormone Mediates The Association Between Prenatal Social Support And Postpartum Depression, Jennifer Hahn-Holbrook, Christine Dunkel Schetter, Chander Arora, Calvin J. Hobel

Psychology Faculty Articles and Research

Three decades of research point to both biological and psychological risk factors for postpartum depression, but very little research integrates the two. This study bridged this gap by testing whether prenatal social support predicted depressive symptoms at 8 weeks postpartum in a multiethnic sample of 210 women and whether the stress hormone placental corticotropinreleasing hormone (pCRH), measured at 19, 29, and 37 weeks’ gestation, mediated this relationship. We found that prenatal family support predicted significantly fewer depressive symptoms postpartum and more gradual increases in pCRH from 29 to 37 weeks’ gestation. Furthermore, steeper increases in pCRH during this same period …

Social And Behavioral Sti Risk Factors: Comparing A Two-Year Community College Setting To A Four-Year University Setting, Oswald M. Attin

Faculty Publications and Presentations

No abstract provided.

Relation Between Optimism And Lipids In Midlife, Julia K. Boehm, David R. Williams, Eric B. Rimm, Carol Ryff, Laura D. Kubzansky

Psychology Faculty Articles and Research

This research examined optimism’s relationship with total cholesterol, high density lipoprotein (HDL) cholesterol, low density lipoprotein (LDL) cholesterol, and triglycerides. The hypothesis that optimism is associated with a healthier lipid profile was tested. Participants were 990 mostly white men and women from the Midlife in the United States study who were on average 55.1 years old. Optimism was assessed by self-report with the Life Orientation Test. A fasting blood sample was used to assess serum lipid levels. Linear and logistic regression models examined the cross-sectional association between optimism and lipids accounting for covariates such as demographic characteristics (e.g., education) and …

The Association Between Optimism And Serum Antioxidants In The Midlife In The United States Study, Julia K. Boehm, David R. Williams, Eric B. Rimm, Carol Ryff, Laura D. Kubzansky

Psychology Faculty Articles and Research

Objective Psychological and physical health are often conceptualized as the absence of disease, but less research addresses positive psychological and physical functioning. For example, optimism has been linked with reduced disease risk and biological dysfunction, but very little research has examined associations with markers of healthy biological functioning. Thus, we investigated the association between two indicators of positive health: optimism and serum antioxidants.

Methods The cross-sectional association between optimism and antioxidant concentrations was examined in 982 men and women from the Midlife in the United States study. Primary measures included self-reported optimism (assessed with the revised Life Orientation Test) and …

Front Matter

Michigan Law Review

No abstract provided.

What Changed When The Gay Adoption Ban Was Lifted?: Perspectives Of Lesbian And Gay Parents In Florida, Julie Shapiro, Abbie E. Goldberg, April M. Moyer, Elizabeth R. Weber

Faculty Articles

This exploratory, qualitative study examined the perspectives of 22 lesbian and gay parents (15 female and seven male) who were residents of Florida while the state’s gay adoption ban was in effect and who had adopted or were in the process of adopting a child. Participants were interviewed about their experiences before and after the lifting of the gay adoption ban, which occurred in 2010. Participants described numerous negative consequences of the ban, including the inability to adopt foster children and the legal invisibility of one partner’s parental status (e.g.,among lesbian couples who had become parents via donor insemination). Parents …

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.

Real Estate Agents As Agents Of Social Change: Redlining, Reverse Redlining, And Greenlining, Mary Szto

Seattle Journal for Social Justice

No abstract provided.

If Dr. Martin Luther King, Jr. Had A Twitter Account: A Look At Collective Action, Social Media, And Social Change, Stacy A. Smith

Seattle Journal for Social Justice

No abstract provided.

Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris

Seattle Journal for Social Justice

No abstract provided.

Microaggressions In The Context Of Academic Communities, Catharine Wells

Seattle Journal for Social Justice

No abstract provided.

It's A Scandal: Can Minority Women In The Legal Academy Be Gladiators?, Danné L. Johnson

Seattle Journal for Social Justice

No abstract provided.

Fight The Tower: A Call To Action For Women Of Color In Academia, Kieu-Linh Caroline Valverde

Seattle Journal for Social Justice

No abstract provided.

Funding Alaska Village Relocation Caused By Climate Change And Preserving Cultural Values During Relocation, Jason Iverson

Seattle Journal for Social Justice

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.

Bordering On Failure: Canada-U.S. Border Policy And The Politics Of Refugee Exclusion, Efrat Arbel, Alletta Brenner

All Faculty Publications

In June 2012, the Canadian government ushered in sweeping reforms to Canada’s refugee system. These reforms brought debates about Canadian refugee protection to the forefront of legal and political discourse. In advancing these reforms, the Canadian government has asserted that Canada’s refugee system is among the most generous and compassionate in the world. Canada’s doors, the Canadian government has stated, remain open to legitimate refugees. This report evaluates these claims by examining the U.S.-Canada Safe Third Country Agreement and border measures implemented under the rubric of the Multiple Borders Strategy, and analyzing their effects on asylum seekers. A detailed examination …

Cell Responses Without Receptors And Ligands, Using Nanosecond Pulsed Electric Fields (Nspefs), Stephen J. Beebe

Bioelectrics Publications

No abstract provided.

Giveforward V. Hodges, United States District Court For The District Of Maryland

Historical and Topical Legal Documents

No abstract provided.

Shifts In Caribou Calving Habitat And Space-Use, Daniella Johanna Dekelaita

Graduate Student Theses, Dissertations, & Professional Papers

The woodland caribou (Rangifer tarandus caribou) population in Newfoundland has been declining since the mid-1990s, and will likely continue to decline into the foreseeable future. This decrease in numbers has been accompanied by a large drop in recruitment. Predation is the primary cause of caribou calf mortality in Newfoundland, and since 2003, >80% of radio-collared calves died within the first 6 months of life. Two Newfoundland herds also have shifted their calving grounds over the past 15 to 20 years. Our objective was to investigate why these shifts have occurred. We analyzed female telemetry locations spanning 29 years, to delineate …

Identifying Environmental Factors Influencing Golden Eagle Presence And Reproductive Success, Ross H. Crandall

Graduate Student Theses, Dissertations, & Professional Papers

Declining populations of plant and animal species is a major concern threatening global biodiversity. If we want to conserve threatened species, we must understand the requirements of the species. Recent data suggests Golden Eagle populations in the Western United States are declining. Future threats from expanded energy development, habitat loss and climate change are also a concern. Apparent declines and perceived threats have caused management agencies to classify the Golden Eagle as a species of concern requiring the creation of conservation plans. Yet, an effective conservation plan is dependent on information that is currently lacking. To address this lack of …