Digital Commons Network^™

Living In Peace: Insights From Buddhism, Ronald S. Green, Chanju Mun

Philosophy and Religious Studies

No abstract provided.

Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer

Faculty Articles

The article presents several charts and graphs on topics include the the black and Hispanic populations of southern and western cities in the U.S. between 1950 and 1980 and the homicide rates in northern, southern, and western cities in the U.S. between 1950 and 1980.

Partner Support In A Cohort Of African American Families And Its Influence On Pregnancy Outcomes And Prenatal Health Behaviors, Jennifer K. Straughen, Cleopatra H. Caldwell, Alford A. Young Jr, Dawn P. Misra

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

We examined how two indicators of partner involvement, relationship type and paternal support, influenced the risk of pregnancy outcomes (preterm birth, low birth weight) and health behaviors (prenatal care, drug use, and smoking) among African American women.

Methods

Interview and medical record data were obtained from a study of 713 adult African American women delivering singletons between March 2001 and July 2004. Women were enrolled prenatally if they received care at one of three Johns Hopkins Medical Institution (JHMI) prenatal clinics or post-partum if they delivered at JHMI with late, no or intermittent prenatal care. Relationship type was …

The Alien Tort Statute As Transnational Law, Jaye Ellis

Maryland Journal of International Law

No abstract provided.

Transnational Legal Practice (International), Laurel S. Terry

The International Lawyer

No abstract provided.

Effects Of Family Structure On Educational Attainment And Health Insurance Coverage Of Youth In The Lower Mississippi Delta Region, Chaquenta L. Smith

Theses and Dissertations--Agricultural Economics

A large body of research, typically nationally focused, has examined the relationship between family structure, educational attainment, and healthcare access. Within this field of study, there is limited availability of regionally based studies, specifically the Lower Mississippi Delta (LMD) region. This exploratory study examines the effects of family structure on high school graduation rates and health insurance coverage within the LMD region. The objective is to determine if family structure has a direct impact on the educational attainment and health outcomes of a child within the region using concepts from nationally focused literature. Through the use of an OLS regression, …

Census Information, St. Mary's University, Texas

Census

Photographs of a display of government documents from St. Mary's University, Texas.

White Paper #4: Summary And Recommendations, Alexander Fronk, Krista Gurko, Ann Berhout Austin

Human Development and Family Studies Faculty Publications

This is the fourth and last white paper in the series describing an implementation science evaluation of Utah’s Care About Childcare (CAC) QRIS program. CAC is a voluntary, strengths-based program wherein providers report the quality criteria met by their child care program. CAC is administered by the Utah Office of Child Care (OCC) and the regional CCR&R offices. OCC staff and CCRR directors and staff involved in CAC were interviewed for this white paper series. Their responses are organized according to an implementation science framework. Methods are reported in the first white paper. In this paper we report on CAC’s …

White Paper #2: Structure Of Care About Childcare, Alexander Fronk, Krista Gurko, Ann Berhout Austin

Human Development and Family Studies Faculty Publications

In this white paper we describe interviewees’ perceptions of the implementation process for Utah’s Care About Childcare (CAC). White paper #1 outlined the research methods used and the components of implementation science that were under investigation. This white paper summarizes interviewees’ observations on the implementation components of source, destination, communication link, feedback loop, and sphere of influence.

White Paper #1: Implementation, Introduction, And Methods, Alexander Fronk, Krista Gurko, Ann Berhout Austin

Human Development and Family Studies Faculty Publications

The purpose of this series of white papers is to report on the findings of an initial evaluation of Utah’s Care About Childcare program (CAC) using an implementation science framework. Care About Childcare is Utah’s version of the federal Quality Rating and Improvement System (QRIS) for child care providers, but unlike other states’ QRISs, Utah’s QRIS is a Quality Recognition and Information System. CAC was developed by the Utah Office of Child Care (OCC). It is a strengths-based, voluntary program in which providers identify and report the quality that they have achieved beyond the basic licensing requirements.

The Buzz About Ecstasy, University Of Dayton

Crime/Violence

Bibliography and photograph of a display of government documents from the University of Dayton, Ohio.

Extension's Capacity To Deliver Quality Early Childhood Professional Development, Tonia Durden, Claudia C. Mincemoyer, Jennifer Gerdes, Kathleen Lodl

Nebraska Center for Research on Children, Youth, Families, and Schools: Faculty Publications

In recent years much attention has focused on the role of enhancing a teacher's professional knowledge and skills in helping to improve the quality of early care experiences for young children birth–5. In the study reported here, an environmental scan of the early childhood professional development programs offered within the Extension system was conducted to identify the programs' content, delivery, scope, evaluation, and partners. Results indicate that Extension has been a player in providing professional development opportunities for early childhood professionals and with a focused effort in streamlining the current resources has the capacity to become a leader in this …

Critical Reflectivity And The Development Of New Culturally Relevant Teachers ., Tonia Renee Durden, Diane M. Truscott

Nebraska Center for Research on Children, Youth, Families, and Schools: Faculty Publications

Three case studies present how preservice teachers use reflections while learning to teach. Interviews and document analysis reveal that critical reflections evidence greater understanding of culturally relevant pedagogy and offer a platform for critical consciousness. Using critical reflectivity to develop teachers’ understandings of culturally relevant pedagogy is discussed.

Problems In Historiography: The Americanization Of German Ethnics, Bradley Jake Hustad

All Graduate Theses, Dissertations, and Other Capstone Projects

Gaps still exist in the history written about German Americans and how they assimilated or acculturated into American society from the late seventeenth century until the present day. History written about how German Americans became Americanized contains fifteen distinct types of scholarship that can roughly be divided into urban and rural disciplines. Because historians have not applied ideas introduced in urban studies into research about rural areas and vice versa, the overall arguments advanced by historians suffer. Additionally, historians have not researched colonial Germans, Germans who immigrated to America before the Revolution, in extensive depth. Furthermore, scholars can do more …

Leadership And The Implementation Of Culture Change In Long-Term Care, Alexandra Natasha Garklavs

All Graduate Theses, Dissertations, and Other Capstone Projects

In understanding the culture change movement in long-term care and the factors that either foster or impede its sustainability, it is important to consider a number of factors. Since leadership is important in any organization and has been identified as crucial in the implementation of culture change in long-term care, this alternate plan paper focuses on the leadership factors that either facilitate or impede the implementation of culture change. Included in this alternate plan paper is a brief overview of the culture change movement in long-term care, the role of leadership versus management in the long-term care environment, types of …

Counseling Families In Poverty: Moving From Paralyzing To Revitalizing, Blaire Cholewa, Sondra Smith-Adcock

Michigan Journal of Counseling: Research, Theory and Practice

Counseling families in poverty can be a daunting process if one only focuses on what is lacking. Taking such a deficit approach is limiting not only to the counselor but also can serve to disempower the clients. This paper presents a strengths-based approach for counseling families living in poverty that emphasizes relational processes and the excavation of resources and resilience. More specifically, recommendations are presented that recognize the contextual factors of families living in poverty and that stress the therapeutic relationship, counselor self-reflection, an unassuming professional stance, and taking on of an advocacy role.

Giving Voice To The Precariously Employed? Mapping And Exploring Channels Of Worker Voice In Occupational Health And Safety Regulation, Eric Tucker

Comparative Research in Law & Political Economy

In most contemporary occupational health and safety (OHS) regimes, great emphasis is placed on amplifying worker voice in regulation through worker health and safety representation in the employers’ OHS management system. Historically, these regimes were designed on the assumption that the workers who would use these mechanisms were full-time workers having secure jobs with their current employers. This is manifestly no longer true, posing a serious challenge to the efficacy of these regimes. After setting out the historical context of worker voice in OHS regulation, this paper begins by mapping out eight channels of worker voice based on the combination …

Reconstructing Fuller's Argument Against Legal Positivism, Dan Priel

Comparative Research in Law & Political Economy

The purpose of this essay is to offer a reconstruction of Lon Fuller’s critique of Hart’s legal positivism. I show that contrary to the claims of Fuller’s many critics, one can reconstruct from his work a clear and powerful argument against legal positivism, at least in the guise found in the work of H.L.A. Hart. The essence of the argument is that Fuller’s principles of legality posit that the same considerations that count for law’s excellence are relevant also for the determining what counts as law. I contrast this view with Hart’s legal positivism, which acknowledged that the principles of …

Knowledge In Development, Law And Regulation, Or How Are We To Distinguish Between The Economic And The Non-Economic?, Peer Zumbansen

Comparative Research in Law & Political Economy

This chapter explores the nature, status and role of knowledge, expertise and epistemology in the context of law & development. Placing a particular emphasis on the way that prior perceptions of the functions of the state influence the conceptualization of development policies, the chapter formulates a critique of approaches to development programs that export ‘learned lessons’ from state change and state transformation into development contexts without paying due regard to the differences in socio-economic and legal governance structures on the ground. The chapter argues against a number of existing positions with regard to the approach to be taken vis-à-vis legal …

Sociological Jurisprudence 2.0: Updating Law's Interdisciplinarity In A Global Context, Peer Zumbansen

Comparative Research in Law & Political Economy

The gap between law’s pronouncement of rules and their impact or failure in concrete social environments has long prompted efforts to make lawyers more responsive to the “realities on the ground”. While this turn to sociological jurisprudence seemed a logical consequence of the Legal Realists’ attack on formalism and positivism, it exposed legal theory to a never-ending series of questions concerning the limits of law in becoming an empirically informed social science. Even trailblazing Legal Realists themselves questioned the extent to which empirical knowledge might erode the core of law’s claim to authority. Where are we today, after numerous transgressions …

The Equator Principles: Evaluating The Exposure Of Commercial Lenders To Socio-Environmental Risk, Andrian Lozinski

Comparative Research in Law & Political Economy

This paper investigates whether the mitigation framework established under the Equator Principles (EPs) is well-suited to address the manner in which socio-environmental risks may manifest within the context of non-recourse financing. The discussion begins with an examination of how the EPs allocate risk between the project lender and sponsor before analyzing how this framework has shifted the regulatory environment in the project finance sector. An exploration of the structural constraints of non-recourse financing will follow. The paper will conclude by assessing the ability of the EPs to effectively capture and mitigate the socio-environmental risk exposure of the project lender and …

Two Models Of General Jurisprudence, Dan Priel

Comparative Research in Law & Political Economy

The essay is a comment on William Twining’s recent book Globalisation and Legal Scholarship (2011), to be published as part of a symposium issue on the book. The aim of my comment is to present and contrast two models of general (or universal) jurisprudence: the one favoured by Twining and the other adopted by Jeremy Bentham. Twining’s model aims to be general by capturing the great variety of laws as they exist in the world, by contrast, Bentham argued that it is mostly prescriptive claims about law that can be universal. I argue that the descriptive model suffers from serious …

Approximating Law And Development, Human Rights And Transitional Justice, Peer Zumbansen, Ruth Buchanan

Comparative Research in Law & Political Economy

This chapter is the introduction to the forthcoming edited collection "Law in Transition: Human Rights, Developments and Transitional Justice", edited by the authors and forthcoming with Hart Publishing (Oxford, 2013). The book will appear in the "Osgoode Reader" series and brings together many of the leading experts of the increasingly pertinent intersection of development, rights and transitional justice studies. The Introduction traces the theoretical and practical challenges of this discursive interaction and argues that it is only through such dialogue that a better understanding of the institutional and normative issues arising in contemporary law & development and TJ contexts will …

Public-Private Regime Interactions In Global Food Safety Governance, Ching-Fu Lin

Comparative Research in Law & Political Economy

In response to an apparent decline in global food safety, numerous public and private regulatory initiatives have emerged to restore public confidence. This trend has been particularly marked by the growing influence of private regulators such as multinational food companies, supermarket chains and non-governmental organizations (NGOs), who employ private standards, certification protocols, third-party auditing, and transnational contracting practices. This paper explores how the structure and processes of private food safety governance interact with traditional public governance regimes, focusing on Global Good Agricultural Practices (GlobalGAP) as a primary example of the former. Due to the inefficiency and ineffectiveness of public regulation …

Jurisprudential Disagreements And Descriptivism, Dan Priel

Comparative Research in Law & Political Economy

Many contemporary legal philosophers argue that general jurisprudence is “descriptive.” I challenge this view in this essay by focusing on one familiar aspect of jurisprudence: persistent disagreements among legal philosophers. I argue that this fact is in tension with the claim that jurisprudence is descriptive. I consider several possible reconciliations of jurisprudential disagreements with descriptivism, but I argue that none of them succeeds. I then argue that persistent jurisprudential disagreements are easy to explain from within a normative framework. I conclude by suggesting that legal philosophers abandon descriptivism in favor of a view that more explicitly sees legal philosophy as …

The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs

Comparative Research in Law & Political Economy

I’m going to present three quite different views of what law schools ought to be and ought to do. The first holds that their primary, if not their sole, function should be to produce "practice-ready lawyers" for today’s profession. The second is that they should produce "tomorrow’s lawyers", lawyers with the capacity to adapt to the rapidly and radically changing circumstances of legal practice. And the third is that law schools should play a leading role in the creation and transformation of legal knowledge, legal practice, and the legal system — a role that requires them to provide their students …

Transnational Business Governance Interaction And Competition Between Standard‐Setting Initiatives: Labor Standards In Garment, Toys And Agriculture, Nicole Helmerich, Christopher Kaan

Comparative Research in Law & Political Economy

This paper analyzes interactions within standard‐setting networks in the area of social and labor rights. We examine the shape of transnational business governance interactions (TBGI), pathways, and interaction mechanisms in three sectors: garments, toys and agriculture. Our comparative analysis of each of these sectors reveals meaningful differences in both the organization of regulation networks and the resulting level of competition among participants. Overall, we find that the creation of a more inclusive and more coherent standard in a whole business sector comes with the cost of weaker rules and less monitoring. These industry-specific observations provide a springboard for future studies …

Lon Fuller's Political Jurisprudence Of Freedom, Dan Priel

Comparative Research in Law & Political Economy

Lon Fuller wrote extensively on freedom, but these writings are now largely unread. It is rare to find them mentioned, rarer still to see any attempt to relate their ideas to Fuller’s writings on law and legal theory. Perhaps reflecting the widely-accepted dichotomy between jurisprudence (conceptual) and political theory (normative), these works are thought irrelevant to discussions on the nature of law. Fuller himself, however, never accepted this dichotomy, so in this essay I try to offer an alternative reading of Fuller’s Morality of Law in light of his writings on freedom. I argue that Fuller’s book should be understood …

Private Governance, Public Implications And The Tightrope Of Regulatory Reform: The Isda Credit Derivatives Determinations Committees, John Biggins, Colin Scott

Comparative Research in Law & Political Economy

Regulatory relationships in financial markets exemplify the importance and changing nature of transnational business governance interactions (TBGI). These interactions involve reciprocal forces of influence between private and public regulators. This paper examines one key case of private governance in financial markets: the emergence, structures and decision-making of Credit Derivatives Determinations Committees (DCs) of the International Swaps and Derivatives Association (ISDA). The paper highlights the mechanisms or ‘pathways’ of interaction between ISDA, governments, courts and public regulators. Interactions between state and non-state actors are shown to occur in both operational and policy spheres. ISDA is found to be a particularly resilient …

Learning Professionalism In Practice, Shelley M. Kierstead, Erika Abner

Comparative Research in Law & Political Economy

This paper describes exploratory research into learning professionalism, ethics and civility in the legal workplace. We begin by setting out the issue as described by scholars, regulators, insurers, courts, and practicing lawyers, then examine the literature on developing a professional identity through learning at work. We employed a focus group method to gather data on the issues that practicing lawyers experience during their working day, as well as how they learn to define, identify, and manage these professionalism and ethical issues.