Digital Commons Network^™

Common And Uncommon Families And The American Constitutional Order, Linda C. Mcclain

Vanderbilt Law Review

No abstract provided.

Food Deserts And Migrant Farmworkers: Assessing Food Access In Oregon's Willamette Valley, Katie Grauel, Kimberlee J. Chambers

Geography Faculty Publications and Presentations

Food insecurity, often correlated with “food deserts,” affects migrant and seasonal farmworkers (MSFW) at greater rates than other populations. Our research evaluates the food desert experiences of MSFW communities in Oregon's Willamette Valley. Through GIS mapping, interviews with MSFW, and food retailer inventories, our research helps elucidate the degree to which the geographical distribution of food retailers and the products they carry affects MSFW. Access to food retailers was assessed for distances of 0.25, 1.5, 5, and 10 miles. Mapping locations of registered MSFW labor camps (n = 62) and food retailers (n = 215) in the Willamette Valley revealed …

A Study Of Self-Concept In At-Risk Middle School Children Related To Behavior And Academic Performance, Tara Wade Franklin

Electronic Theses and Dissertations

The purpose of this study was to explore the factors that are associated with the development of self-concept and how self-concept influences or interacts with academic performance and behavior. This research study asked two questions: (1) what assists in the development of self-concept, and (2) how does self-concept impact academic performance and behavior in at-risk middle school students? Using evidence-based research, parental involvement, gender, and ethnicity were selected as key factors associated with the development of self-concept in adolescence. This study proposed that students with high self-concept would have positive academic and behavioral performance. Consequently, students with low self-concept would …

Oldest Profession Or Oldest Oppression?: Addressing Prostitution After The Supreme Court Of Canada Decision In Canada V. Bedford, Benjamin Perrin

All Faculty Publications

The future of Canada’s laws related to prostitution has become an urgent public policy issue in the wake of the Supreme Court of Canada decision in Canada (Attorney General) v. Bedford. Three prostitution-related offences in the Criminal Code were found to infringe the Canadian Charter of Rights and Freedoms and are to be struck down, effective within one year. The Court’s decision of December 20, 2013 has spurred a national debate on the issue as Parliament has this limited timeline to adopt any new legislative approach, or else Canada will face the de facto legalization of adult prostitution. Studies have …

The Rule-Of-Law Underpinnings Of Endangered Species Protection: Minister Of Fisheries And Oceans V. David Suzuki Foundation, 2012 Fca 40, Jocelyn Stacey

All Faculty Publications

Environmental organizations have experienced a string of recent courtroom successes enforcing the federal Species At Risk Act. This case comment examines one of these cases, Minister of Fisheries and Oceans v. David Suzuki Foundation (“Killer Whales”), to expose the rule-of-law underpinnings of the Federal Court of Appeal’s decision. It argues that, while the decision is on its face an ostensible victory for endangered species protection, the conception of the rule of law on which the court relies is incapable of providing meaningful legal constraints for much environmental decision-making.

Complicity, James G. Stewart

All Faculty Publications

Complicity is responsibility for helping. This essay provides a comparative overview of the criminal law and theory pertaining to complicity. Instead of taking a strong prescriptive position on the best way to construct accomplice liability, it charts a series of recurrent normative problems in this area and points to various solutions these problems have generated in practice. The essay begins by considering structural questions that inform the shape accomplice liability is given in different criminal systems, then discusses the conduct required to establish accomplice liability, before plotting the various static and dynamic mental elements that are frequently allocated to the …

Transnational Business Governance Interactions: Conceptualization And Framework For Analysis, Burkard Eberlein, Kenneth W. Abbott, Julia Black, Errol Meidinger, Stepan Wood

All Faculty Publications

This article demonstrates the value of studying interactions in transnational business governance (TBG) and proposes an analytical framework for that purpose. The number of TBG schemes involving non-state authority to govern business conduct across borders has vastly expanded in a wide range of issue areas. As TBG initiatives proliferate, they increasingly interact with one another, and with state-based and other normative regimes. The key challenge is to understand the implications of TBG interactions for regulatory capacity and performance – the most fruitful initial focus – and ultimately for the impacts of regulation on social and environmental problems. To gain purchase …

Deprivative Recognition, Erez Aloni

All Faculty Publications

Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried partners — a reality whose impact on policy concerning regulation of nonmarital unions has not been explored. As this Article shows, a significant number of people benefit financially from nonrecognition of their relationships. While in most cases the state turns a blind eye to this financial gain, …

January 2014 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Mother–Infant Interactions In Free-Ranging Rhesus Macaques: Relationships Between Physiological And Behavioral Variables, Dario Maestripieri, Christy L. Hoffman, George M. Anderson, C. Sue Carter, J. Dee Higley

Faculty Publications

Studies of mother–infant relationships in nonhuman primates have increasingly attempted to understand the neuroendocrine bases of interindividual variation in mothering styles and the mechanisms through which early exposure to variable mothering styles affects infant behavioral development. In this study of free-ranging rhesus macaques on Cayo Santiago, Puerto Rico, we aimed to: 1) compare lactating and nonlactating females to investigate whether lactation is associated with changes in plasma cortisol, prolactin and oxytocin, as well as changes in CSF levels of serotonin and dopamine metabolites (5-HIAA and HVA); 2) examine the extent to which interindividual variation in maternal physiology is associated with …

Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Aborted Emotions: Regret, Relationality, And Regulation, Jody L. Madeira

Articles by Maurer Faculty

Regret is a deeply contested emotion within abortion discourse. It is present in ways that we are both afraid of and afraid to talk about. Conventional pro-life and pro-choice narratives link regret to defective decision making. Both sides assert that the existence of regret reveals abortion’s harmfulness or harmlessness, generating a narrow focus on the maternal-fetal relationship and women’s “rights.”These incomplete, deeply flawed constructions mire discourse in a clash between regret and relief and exclude myriad relevant relationships. Moreover, they distort popular understandings of abortion that in turn influence women, creating cognitive dissonance and perhaps distress for those with different …

Disclosing Big Data, Michael Mattioli

Articles by Maurer Faculty

This Article reveals that the law is failing to adequately encourage producers of “big data” to disclose their most innovative work to the public. “Big data” refers to a new industrial and scientific phenomenon that holds the potential to transform diverse industries—from medicine, to energy, to online services. At the heart of this phenomenon are innovative and complex practices by which experts shape featureless digital records into valuable information products. The fact that these big data practices are unlikely to be widely disclosed to the public is worrisome for familiar reasons: the law generally prefers to induce technological disclosure in …

Cybersecurity And The Administrative National Security State: Framing The Issues For Federal Legislation, David G. Delaney

Articles by Maurer Faculty

In the digital age, every part of federal government has critical cybersecurity interests. Many of those issues are brought into sharp focus by Edward Snowden's disclosure of sensitive government cyber intelligence programs conducted by the National Security Agency, the Federal Bureau of Investigation, and the Central Intelligence Agency. Courts are reviewing various constitutional and statutory challenges to those programs, two government review groups have reported on related legal and policy issues, and Congress is considering cyber intelligence reform proposals. All of this action comes on the heels of significant efforts by successive administrations to restructure government and pass comprehensive cybersecurity …

Exploring Other Perspectives Of Gender And Ethnicity, Roy A. Bean, Alexander L. Hsieh, Adam M. Clark

Faculty Publications

The purpose of this activity is to have clinicians explore a change in one key element of their identities (e.g., gender, sexual orientation, ethnicity/race) within the unchanged context of their life circumstances (e.g., family-of-origin characteristics, individual personality). This allows clinicians to focus on and process elements from their own histories within the context of a different perspective through an imagined switch in a salient socio-demographic factor. This activity is designed to help clinicians develop greater perspective-taking abilities and improve their awareness of some of the factors that have heavily influenced, and perhaps even defined, their own life experience.

Online Privacy And The First Amendment: An Opt-In Approach To Data Processing, Joseph A. Tomain

Articles by Maurer Faculty

An individual has little to no ability to prevent online commercial actors from collecting, using, or disclosing data about her. This lack of individual choice is problematic in the Big Data era because individual privacy interests are threatened by the ever increasing number of actors processing data, as well as the ever increasing amount and types of data being processed. This Article argues that online commercial actors should be required to receive an individual’s opt-in consent prior to data processing as a way of protecting individual privacy. I analyze whether an opt-in requirement is constitutionally permissible under the First Amendment …

Relationship Quality And Oxytocin: Influence Of Stable And Modifiable Aspects Of Relationships, Wendy C. Birmingham, Julianne Holt-Lunstad, Kathleen C. Light

Faculty Publications

Prior studies report that couples with higher relationship quality show higher oxytocin (OT) levels, yet other studies report those with higher distress have increased OT. This study investigated these competing predictions in the context of a support enhancement intervention among 34 young married couples (N = 68). Preintervention marital quality (Dyadic Adjustment Scale) was examined for associations with plasma and salivary OT levels 4 weeks apart and for changes between these time points within the intervention group. High relationship quality, not distress, was associated with higher OT in both saliva and plasma at both time points. No significant interaction …

Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement, Victor D. Quintanilla, Cheryl R. Kaiser

Articles by Maurer Faculty

Employment discrimination claimants in general, and racial minority claimants in particular, disproportionately lack access to legal counsel. When employment discrimination claimants lack counsel, they typically abandon their claims, or if they pursue their claims, they do so pro se (without counsel), a strategy that is seldom successful in court. Access to counsel is, hence, a decisive component in whether employment discrimination victims realize the potential of civil rights enforcement. Psychological science analyzes access to counsel by identifying psychological barriers—such as threatened social identity, mistrust in legal authorities, and fear of repercussions—that prevent employment discrimination victims from pursuing counsel. The analysis …

Big Business, Big Government And Big Legal Questions, Michael Mattioli, Todd Vare

Articles by Maurer Faculty

No abstract provided.

Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla

Articles by Maurer Faculty

From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …

Why The Affordable Care Act Authorizes Tax Credits On The Federal Exchanges, David Gamage, Darien Shanske

Articles by Maurer Faculty

This Essay refutes Adler’s and Cannon’s argument that the Affordable Care Act (“Obamacare”) does not authorize premium tax credits for insurance policies purchased from the federal healthcare Exchanges. Adler’s and Cannon’s argument is the basis of challenges in a number of ongoing lawsuits, including Oklahoma ex rel. Pruitt v. Sebelius and Halbig v. Sebelius. This Essay conducts a textual analysis of the Affordable Care Act and concludes that the text clearly authorizes premium tax credits for insurance policies purchased from the federal healthcare Exchanges.

On November 7th, 2014, the U.S. Supreme Court agreed to hear the appeal of the King …

Letting Go Of Old Ideas, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

Pringle And The Nature Of Legal Reasoning, Paul Craig

Articles by Maurer Faculty

The Pringle judgment generated significant academic comment, concerning all aspects of the case. It raises, as will be seen, broader issues as to the nature of legal reasoning and the role played therein by text and background purpose or teleology.

Gunnar Beck is very critical of the CJEU, castigating it for reasoning that is said to be absurd, and accusing it of crossing the line between legal reasoning and political judgment. He is also critical of much academic analysis of the case, contending that this was too uncritical of the Court's judgment, and contending also that the interpretation of the …

Making The World In Atlanta's Image: The Student Nonviolent Coordinating Committee, Morris Abram, And The Legislative History Of The United Nations Race Convention, H. Timothy Lovelace

Articles by Maurer Faculty

No abstract provided.

Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler

Articles by Maurer Faculty

For health policy, armed conflicts constitute one of the most severe emergency contexts in which health, well-being, and determinants of health are threatened. The Syrian civil war has proved no different, as health experts re­peatedly lament the humanitarian debacle the Syrian conflict has become. The main distinguishing feature of the Syrian civil war has been the large-scale use of chemical weapons in August 2013. This essay analyzes the chemical weapons crisis and its diplomatic resolution from a health policy perspective, with particular attention on whether the handling of this crisis created positive health policy “spillover” opportunities for more effectively addressing …

The Story Of Jewish Polygamy, Mark Goldfeder

Scholarly Works

This Article examines the intersection of law, religion, and culture in the evolution of polygamy in the Jewish tradition. It traces the development of Jewish thought on polygamy over time by assembling and analyzing relevant discussions, arguments, decisions, and biblical interpretations from the time of the Hebrew Bible passages, when plural marriage was an accepted part of Jewish society, to the early Middle Ages when the practice was formally and conclusively rejected. In doing so, the Article attempts to untangle the various influences-both practical and doctrinal, internal and external-on the evolution of marriage law in Jewish communities. These findings highlight …

An Online High School “Shepherding” Program: Teacher Roles And Experiences Mentoring Online Students, Jeffrey S. Drysdale, Charles R. Graham, Jered Borup

Faculty Publications

Several online programs use on-site facilitators to create a stronger sense of community and reduce student dropout. However, little research addresses how programs that are fully online can provide their students with comparable support. This case study analyzed a “shepherding program” at Mountain Heights Academy, a fully online high school. We found that the shepherding program enabled fully online teachers to provide their students with many of the services typical of on-site facilitators. The roles of the shepherding program included building caring relationships, facilitating content interaction, and providing students with the communication links they needed to be successful. In addition, …

Trust And Financial Reporting Quality, Jace Garrett, Rani Hoitash, Douglas F. Prawitt

Faculty Publications

Using unique survey data from Great Place to Work R Institute, we investigate the association of intraorganizational trust (i.e., employees’ trust in management) with three aspects of financial reporting: accruals quality, misstatements, and internal control quality. We find that trust is associated with better accrual quality, lower likelihood of financial statement misstatements, and lower likelihood of internal control material weakness disclosures. However, these effects are not uniform across all companies. Consistent with trust improving financial reporting quality through improved information production and information sharing, we find that trust is significantly associated with financial reporting quality in relatively decentralized firms, but …

On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 1 Of 2), Sarah J. Adams-Schoen

Scholarly Works

New York City is a city on the waterfront. With 520 miles of coastline, New York City’s coastline is longer than the coastlines of Miami, Boston, Los Angeles and San Francisco combined. Nearly nine million New Yorkers live in areas vulnerable to flooding, storm surges and other natural disaster-related risks that are increasing as a result of climate change.

New York City didn’t wait for a devastating storm to begin comprehensively addressing the effects of climate change. The City’s extensive climate change mitigation and resiliency efforts and communications strategy have put the City in a league of its own. But, …

Land Use Law Update: New York's New Climate Change Resiliency Law, Sarah Adams-Schoen

Scholarly Works

New York State’s lawmakers passed 2,603 bills over the course of the 2013-14 session, 658 of which passed both houses. Although counties and local governments are likely focusing their attention on budget-related items such as the property tax freeze/rebate program, local governments — and zoning and planning officials and practitioners in particular — should also take note of the newly enacted Community Risk and Resiliency Act (CRRA).