Digital Commons Network^™

When Is A Change Going To Come?: Separate And Unequal Treatment In Health Care Fifty Years After Title Vi Of The Civil Rights Act Of 1964, Ruqaiijah A. Yearby

All Faculty Scholarship

ON June 19, 1963, when the Civil Rights Act was first introduced, President John F. Kennedy said in a message to Congress:

Events of recent weeks have again underlined how deeply our Negro citizens resent the injustice of being arbitrarily denied equal access to those facilities and accommodations, which are otherwise open to the general public. That is a daily insult, which has no place in a country proud of its heritage-- the heritage of the melting pot, of equal rights, of one nation and one people. No one has been barred on account of his race from fighting or …

The New Jim Crow? Recovering The Progressive Origins Of Mass Incarceration, Anders Walker

All Faculty Scholarship

This article revisits the claim that mass incarceration constitutes a new form of racial segregation, or JimCrow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the two phenomena, namely the debt that each owe to progressive and/or liberal politics. Though generally associated with repression and discrimination, both Jim Crow and massincarceration owe their existence in part to enlightened reforms aimed at promoting black interests; albeit with perverse results. Recognizing the aspirational origins of systematic discrimination marks an important facet of comprehending the persistence of racial inequality in the United States.

Immaculate Defamation: The Case Of The Alton Telegraph, Alan M. Weinberger

All Faculty Scholarship

At the confluence of three major rivers, Madison County, Illinois, was also the intersection of the nation’s struggle for a free press and the right of access to appellate review in the historic case of the Alton Telegraph. The newspaper, which helps perpetuate the memory of Elijah Lovejoy, the first martyr to the cause of a free press, found itself on the losing side of the largest judgment for defamation in U.S. history as a result of a story that was never published in the paper—a case of immaculate defamation. Because it could not afford to post an appeal bond …

Marxist And Soviet Law, Stephen C. Thaman

All Faculty Scholarship

This chapter addresses both the Marxist critique of law before the Russian Revolution and the development of the Soviet Law Structure. It discusses the three main trends in Soviet Criminal Law before elucidating how these trends affected the General Part and the Special Part of Soviet Criminal Codes and overall Soviet criminal policy.

Rethinking Trademark Functionality As A Question Of Fact, Yvette Joy Liebesman

All Faculty Scholarship

Trade dress functionality stands for a reasonable premise: features which are essential to the use or purpose of an article, which affect the cost or quality of the article, or whose exclusive use would put competitors at a significant non-reputation-related disadvantage, are not protectable as signifiers of source or sponsorship. Functionality has broad implications, as a product’s shape can be its most identifiable feature.

The problems plaguing the functionality doctrine have been examined from a substantive point of view; however until the standard by which functionality is determined is changed, these problems are likely to continue to persist. When adjudicating …

Further Reflections On The Pardoning Power: Reply To Hoskins And Drinan, Chad Flanders

All Faculty Scholarship

Galifianakis: "First question. In 2013, you pardoned a turkey. What do you have planned for 2014?"

Obama: "We'll probably pardon another turkey". ¹

First, let me express my gratitude to the incisive comments of Zach Hoskins and Cara Drinan. I have long been a fan of Hoskins' s work, and his forthcoming book on the collateral consequences of punishment promises to be pathbreaking.² The influence of Drinan's scholarship on the pardoning power³ is evident in my original essay⁴ and her newer work on the Graham case has again inspired me in new directions in my research.^{5 …}

Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff

All Faculty Scholarship

This article was prepared as a lecture for the Missouri Law Review 2014 Symposium entitled "The Art, Craft, and Future of Legal Journalism: A Tribute to Anthony Lewis."

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine

Articles

The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.

2013-14 Annual Report To The Board Of Regents: Course-Level Continuous Improvement Plans, University Of Northern Iowa

Institutional Effectiveness & Planning Documents

A report provided to the Iowa Board of Regents regarding continuous improvement processes in courses at the University of Northern Iowa.

Managing The "Republic Of Ngos": Accountability And Legitimation Problems Facing The Un Cluster System, J. Benton Heath

Vanderbilt Journal of Transnational Law

This Article critically assesses the crucial but troubled system for the coordination of international humanitarian assistance--the UN "cluster approach." Regardless of whether the cluster approach actually helps in disaster response, it exercises substantial power over affected populations by assigning competences and leadership roles. The built-in mechanisms for controlling this power are unworkable because they ultimately fail to resolve the tension between humanitarian organizations' autonomy and the need for coordination. This Article identifies the emergence of an alternative model of accountability, based on mutual monitoring and peer review. Drawing on theories of network governance and experimentalism, this Article teases out the …

Criminal Law Pays: Penal Law's Contribution To China's Economic Development, Margaret K. Lewis

Vanderbilt Journal of Transnational Law

China's rapid rise to become the second largest economy in the world is nothing short of extraordinary. When economic reforms took off in the late 1970s, China had been without formal criminal law for three decades. China's economic development since the launch of the reform period has occurred directly alongside the development of its criminal law, but the academic literature has failed to ask what role criminal law plays in China's impressive growth. This Article argues that not only has the People's Republic of China leadership historically used criminal law in service of economic ends but also, going forward, criminal …

The Special Tribunal For Lebanon: A Defense Perspective, Charles C. Jalloh

Vanderbilt Journal of Transnational Law

This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …

The Epic Struggle For Dolphin-Safe Tuna, Lauren Sullivan

Vanderbilt Journal of Transnational Law

In May 2012, the World Trade Organization (WTO) struck down the United States' dolphin-safe tuna labeling standard as a barrier to trade that is prohibited by the Technical Barriers to Trade Agreement (TBT). The analysis in the US-Tuna II report questions the validity of standardized eco-labels enforced by WTO Member States, which are an increasingly popular means to achieve environmental and consumer protection. This Note considers the merits of state-backed eco-labeling schemes, the implications of the US-Tuna II report for the WTO's approach to nontrade interests, and potential accommodations within the current WTO framework for eco-labels. It ultimately suggests that …

The United Nations Water Courses Convention On The Dawn Of Entry Into Force, Ryan B. Stoa

Vanderbilt Journal of Transnational Law

The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles …

Insights From Canada For American Constitutional Federalism, Stephen F. Ross

Faculty Scholarship

The U.S. Supreme Court's decision in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012), has again focused widespread public attention on the Court as an arbiter of the balance of power between the federal government and the states. The topic of the proper role a nation's highest court in this respect has been important and controversial throughout not only American, but also Canadian history, raising questions of constitutional theory for a federalist republic: What justifies unelected judges interfering with the ordinary political process with regard to federalism questions? Can courts create judicially manageable doctrines to police …

Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye

Faculty Scholarship

In Maryland v. King, 133 S. Ct. 1958 (2013), the Supreme Court narrowly upheld the constitutionality of routine collection and storage of DNA samples and profiles from arrestees. In doing so, it stepped outside the usual framework that treats warrantless searches as per se unconstitutional unless they fall within specified exceptions to the warrant and probable cause requirements. Instead, the Court balanced various individual and state interests. Yet, as regards the state interests, the Court confined this direct balancing analysis to the perceived value of using DNA to inform certain pretrial decisions. Oddly, it avoided relying directly on DNA’s …

Milton‘S Feminized Satan: A Study Of Gender Imbalance In Paradise Lost, Kari Anne Wiest

Masters Theses

Critics have observed how Satan‘s personality changes dramatically over the course of Milton‘s Paradise Lost, but what they have missed is that this transformation in his character is due to an identity crisis that spirals into a gender shift. There are no studies of Satan as feminine. Drawing upon feminist theory, I contend that it is important for readers to see Satan as a female voice in Paradise Lost and not as a positive one at that. In Milton‘s attempt to ―justify the ways of God to men‖ he, by necessity, must explain the character and purpose of Satan …

The Impact Of Race And Offender Status On Small Business Hiring Decisions, Elle Gray Teshima

Masters Theses

This research explores the impact of race and offender status on the hiring decisions of small business hiring managers. Cover letters, resumes, and surveys were distributed by mail to small business hiring managers in the Grand Rapids area to assess their reactions to and opinions of prospective applicants with varying racial and criminal backgrounds. The null hypothesis was supported. Respondents did not demonstrate a strong overall preference for candidates of a particular race group or offender status. The largest concern with this study is a limited sample size despite a fairly strong response rate. Social desirability bias may also limit …

An Introduction To Set Theory And Topology, Ronald C. Freiwald

Books and Monographs

These notes are an introduction to set theory and topology. They are the result of teaching a two-semester course sequence on these topics for many years at Washington University in St. Louis. Typically the students were advanced undergraduate mathematics majors, a few beginning graduate students in mathematics, and some graduate students from other areas that included economics and engineering. The usual background for the material is an introductory undergraduate analysis course, mostly because it provides a solid introduction to Euclidean space Rn and practice with rigorous arguments — in particular, about continuity. Strictly speaking, however, the material is mostly self-contained. …

Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson

Utah Law Faculty Scholarship

The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …

Structured Narrative Retell Instruction For Young Children From Low Socioeconomic Backgrounds: A Preliminary Study Of Feasibility, Suzanne M. Adlof, Angela N. Mcleod, Brianne Leftwich

Faculty Publications

Successful acquisition of literacy depends on adequate development of decoding skills as well as broader, meaning-related knowledge and skills for text comprehension. Children from low socioeconomic status (SES) backgrounds are often challenged in both domains, relative to peers who are not economically disadvantaged. The efficacy of code-focused instructional programs for at-risk preliterate children is well supported, but less evidence is available regarding interventions to improve broader language and comprehension skills. This preliminary study tested the feasibility of a new intervention, "structured narrative retell instruction" (SNRI), and explored its potential to enhance meaning-related knowledge and skills, including vocabulary, listening comprehension, and …

Energy-Saving Non-Metallic Connectors For Precast Sandwich Wall Systems In Cold Regions, Austin Allard

Civil and Environmental Engineering

Conserving energy in large structural buildings has become very important in today's economy. A number of buildings today are constructed with sandwich wall panels. Steel connections are most commonly used in these panels. The problem with steel is that it has a tendency to reduce the thermal resistance of the insulation. This project considers glass fiber reinforcing polymers (GFRP) and carbon fiber reinforcing polymers (CFRP) as an alternate material to steel. An experimental sandwich wall panel was constructed and subjected to freezing temperatures. The results of the experimental program were compared to a theoretical model using the ANSYS computer program. …

Identification Of Delamination Defects In Cfrp Materials Through Lamb Wave Responses, Taylor John Bruhschwein

Civil and Environmental Engineering

Delamination is currently a largely undetectable form of damage in composite laminate materials. This thesis will develop a method to more easily detect delamination damage within composite materials. Using finite element analysis modeling and lab testing, a new method from interpreting the results obtained from existing structural health monitoring techniques is developed. Lamb waves were introduced and recorded through an actuator and sensors made of piezoelectric material. The data was then analyzed through a novel data reduction method using the Fast Fourier Transform (FFT). Using the data from FFT, the idea of covariance of energy change was developed. By comparing …

Modeling Of Temperature Impacts On Fixed Film Microbial Growth And Nitrification Kinetics, Jacob Strombeck

Civil and Environmental Engineering

Monod-type kinetic models, used in simulating microbial growth in biological treatment systems, suggest significant decreases of substrate utilization at lower temperatures. However, it is documented that performance of fixed film treatment systems are not hindered with declining temperatures. Previous studies at the Moorhead, MN, Wastewater Treatment Facility (WWTF) showed significant impacts of temperature on biofilm growth in its moving bed biofilm reactor (MBBR), and studies noted that at low temperatures more biomass was present. Previously, a series of kinetic bench-scale batch tests was performed to measure ammonium removal in the full-scale system. As part of this research, a diffusion based …

Microtopography-Dominated Discontinuous Overland Flow Modeling And Hydrologic Connectivity Analysis, Jun Yang

Civil and Environmental Engineering

Surface microtopography affects a series of complex and dynamic hydrologic and environmental processes that are associated with both surface and subsurface systems, such as overland flow generation, infiltration, soil erosion, and sediment transport. Due to the influence of surface depressions, overland flow essentially features a series of progressive puddle-to-puddle (P2P) filling, spilling, merging, and splitting processes; and hydrologic systems often exhibit threshold behaviors in hydrologic connectivity and the associated overland flow generation process. It is inherently difficult to realistically simulate the discontinuous overland flow on irregular topographic surfaces and quantify the spatio-temporal variations in dynamic behaviors of topography-dominated hydrologic systems. …

Peroneal Reaction Time After Ankle Sprain: A Systematic Review And Meta-Analysis, Matthew C. Hoch, Patrick O. Mckeon

Human Movement Studies & Special Education Faculty Publications

Background: Many studies have examined the temporal response of the peroneal muscles to sudden inversion perturbation in patients with a previous ankle sprain. The purpose of this systematic review with meta-analysis was to synthesize the evidence and determine whether peroneal reaction time (PRT) impairments are present after ankle sprain. Methods: An electronic search was conducted using PubMed Central and EBSCOhost (1965-January 2013). Articles were included if they 1) examined the PRT to sudden inversion perturbation in patients with a history of ankle sprain using a mechanical tilt platform, 2) made comparisons with a control group or contralateral limb with no …

Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai

Faculty Scholarship

This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …

The Market In Unmatured Tort Claims: Twenty-Five Years Later, Stephen G. Marks

Faculty Scholarship

In an article in 1989 in the Virginia Law Review, Professor Robert Cooter argued for changes in the law that would facilitate the development of a market in unmatured tort claims. An unmatured tort claim is a potential claim that a potential victim has before any injury has occurred. Cooter proposed that potential victims have the right to sell their unmatured tort claims. That is, Cooter proposed that potential victims be allowed to sell their right to sue even before an accident or injury ever occurs. Even twenty-five years later, the proposal remains both bold and imaginative, and yet it …

Legal Instrumentalism And The Lsa: A 'Movie Treatment', Toby S. Goldbach

All Faculty Publications

In the 2nd half century, LSA should entertain the death/rebirth of “law as a tool for social change.” We innovate by examining the artifacts of an instrumental genre of knowledge and by investigating our impulse to invent varieties of normative technologies.

A New Mmpi-2 Measure Of Psychopathy: An Empirical Approach, Erin M. Greene

All-Inclusive List of Electronic Theses and Dissertations

The purpose of the current study was to develop a new scale on the MMPI-2 to identify individuals with global psychopathy, as measured by the PCL-R. The study consisted of four smaller studies, including 1) derivation of the scale 2) cross-validation 3) external validation, 4) factor analysis. The derivation sample consisted of male prison inmates (N = 170) and a second sample of male prison inmates (N = 126) was utilized for cross-validation. A third sample of male and female college students (N = 308) was utilized for the purpose of correlating the developed scale with existing measures of personality …