Digital Commons Network^™

Textualism And The Bill Of Rights The Federalist Society National Lawyer's Convention - 2013, Nadine Strossen

Articles & Chapters

No abstract provided.

Dialogues Of Transitional Justice: Keynote Speech, Ruti Teitel

Articles & Chapters

No abstract provided.

Cross-Judging Revisited, Robert Howse, Ruti Teitel

Articles & Chapters

No abstract provided.

Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs, Deborah N. Archer

Articles & Chapters

In Fisher v. University of Texas at Austin, the United States Supreme Court ruled that colleges and universities could continue to consider race or ethnicity as one of several factors in an admissions policy that seeks to achieve broad diversity goals. To the relief of proponents of race-conscious admissions programs, the Fisher Court affirmed that the 'educational benefits' that flow from a diverse student body are a compelling government interest under strict scrutiny analysis. The Court further upheld the determination that Grutter mandates 'deference to the University’s conclusion, based on its experience and expertise, that a diverse student body would …

Introduction - In Search Of Common Ground On Abortion: From Culture War To Reproductive Justice, Justin Murray, Meredith Esser, Robin West

Articles & Chapters

This book is available on https://www.taylorfrancis.com/books/e/9781315588124 DOI https://doi.org/10.4324/9781315588124 eBook ISBN9781315588124

Exclusion, Punishment, Racism, And Our Schools: A Critical Race Theory Perspective On School Discipline, David Simson

Articles & Chapters

Punitive school discipline procedures have increasingly taken hold in America’s schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more, disproportionately affect minority communities: the school-to-prison pipeline, high school dropout rates, the push-out phenomenon, and the criminalization of schools.

Before such pervasive racial inequality can be addressed effectively, the social and the psychological mechanisms that create racial inequality in the first place must be examined. This Comment offers insights from the field …

Although The “Get-Tough” Approach Is Popular Among The American Public And Policymakers Alike, Incarceration Does Not Reduce Crime, Marika Dawkins-Cavazos

Criminal Justice Faculty Publications

The prevalence of crime has been of great concern to policymakers for decades, with many factors being blamed and many solutions suggested. Since the 1970s’ punitive incarceration policies have found favor, and are now being replicated for juvenile offenders as well. Using state-level data on crime and juvenile residential placement (which have now become very similar in their operations to those of adult facilities), Marika Dawkins finds that such placements do not lead to a reduction in juvenile offending or crime. She argues that, in this light, community-based sanctions as well as greater support for families should take precedence over …

Private Enforcement Of The Kansas Wage Payment Act, Joseph Schremmer

Faculty Articles

The argument of this article is that there should be greater private enforcement of the KWPA, and that this goal can be achieved by amending the KWPA to include an attorney fee shifting provision that awards prevailing plaintiffs their reasonable attorney fee. A fee shift is necessary for three reasons. First, without a fee shift, deserving employees are unfairly barred from enforcing their wage payment claims in court. Second, an attorney fee shift is necessary to give meaning to the rights granted by the KWPA, which are rendered hollow by the lack of enforcement under the present system. And third, …

The End Of Indeterminacy In Affirmative Action, Carla Pratt

Faculty Articles

After the Supreme Court's decision in Fisher v. UT Austin, the stage has been set for judges to demand more specificity in the articulation of the protected diversity interest. Gone are the days when institutions of higher education could rely on the abstract concept of diversity to support efforts to enroll a diverse student body. Now higher education institutions will need to give serious thought to how they define the sought after diversity interest and how racial diversity improves educational outcomes and enhances the education that is delivered.

Why The United States Cannot Agree To Disagree On Blasphemy Laws, Evelyn Aswad, Rashad Hussain, M. Suleman

Faculty Articles

At the Boston University International Law Journal's symposium "Realigning Western Policy and International Law after the Arab Spring," held on March 25, 2013, Professor Aswad gave the keynote address, where she described the extensive U.S. diplomatic efforts to promote the broadest possible protections for freedoms of expression and religion, even when it comes to speech that is considered blasphemous. A symposium participant asked why the United States cannot just agree to disagree with Muslim-majority countries on the treatment of blasphemy given the religious sensibilities in those countries and the number of other pressing equities the United States has pending with …

Following Fisher: Narrowly Tailoring Affirmative Action, Eang Ngov

Faculty Articles

Affirmative action has been at the forefront of educational policies and to this day continues to enliven debates. For decades, schools have litigated over whether affirmative action can be used to create a diverse student body. Now, the litigation has shifted to whether affirmative action policies are narrowly tailored. The Supreme Court’s most recent affirmative action case, Fisher v. University of Texas at Austin, requires that schools prove that there are no workable race neutral alternatives in order to demonstrate that their affirmative action programs are narrowly tailored. This article examines the available race neutral alternatives: percentage plans; socioeconomic based …

Where Strict Meets Substantial: Oklahoma Standards For The Execution Of A Will, Katheleen Guzman

Faculty Articles

No abstract provided.

Reforming The Grand Jury To Protect Privacy In Third Party Records, Andrew Taslitz, Stephen E. Henderson

Faculty Articles

In late 2014, two grand juries returned controversial no bill decisions in police killings, one in Ferguson, Missouri, and one in New York City. These outcomes have renewed calls for grand jury reform, and whatever one thinks of these particular processes and outcomes, such reform is long overdue. One logical source of reform to better respect privacy in records, which would have incidental benefits beyond this privacy focus, would be the newly enacted American Bar Association Standards for Criminal Justice on Law Enforcement Access to Third Party Records (LEATPR).

But LEATPR exempts from its requirements access to records via a …

Crowdsourced Coursebooks, Stephen E. Henderson, Joseph Thai

Faculty Articles

Given increasing criticism and dropping admissions, American legal education is likely to change, hopefully reversing the unsustainable trend of increasing expense without increasing value. Much debate focuses on restructuring the curriculum to make it more “practical” and skills-infused; here we instead propose a rethinking of the basic unit of law teaching, the casebook. Casebook authors and publishers are cautiously venturing into electronic editions, but they fail to harness the power of social learning to make textbooks dramatically smarter as well as cheaper. Working with a technology startup, we are developing an online platform that reinvents both authorship and learning. The …

Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson

Faculty Articles

"Secrets are lies. Sharing is caring. Privacy is theft." So concludes the main character in Dave Egger’s novel The Circle, in which a single company that unites Google, Facebook, and Twitter – and on steroids – has the ambition not only to know, but also to share, all of the world's information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented …

The Economics And Sociality Of Sharing Intellectual Property Rights, Eric E. Johnson

Faculty Articles

Intellectual property law assumes that people need monetary incentives to create; to this end, it enables the formation of markets for intellectual works. Remarkably, however, sharing — i.e., socially mediated gifting without any expectation of payment — may work much better than markets for distributing the bulk of intellectual property. This Article explains why. While markets work by using money as the medium of exchange, money is actually a poor incentive for creative labors. Emerging research shows that payment in the currency of gratitude and social validation is a far more effective form of encouragement, and it is something sharing …

Theories Of Immigration Law, Kit Johnson

Faculty Articles

Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual rights theory, which turns on the prospective migrant’s right of entry into the United States, (2) domestic interest theory, which considers whether and to what degree allowing migrants into the United States will benefit the country as a whole, (3) national values theory, which focuses on whether the admission of migrants promotes the fundamental values of the country, …

The Cost Of Avoidance: Pluralism, Neutrality, And The Foundations Of Modern Legal Ethics, Melissa Mortazavi

Faculty Articles

No abstract provided.

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian Mccall

Faculty Articles

No abstract provided.

Of "Texans" And "Custers": Maximizing Welfare And Efficiency Through Informal Norms, M. Alexander Pearl

Faculty Articles

Professor Robert Ellickson (Yale) theorized that the informal norms of a close-knit community maximize aggregate welfare and Professor Barak Richman (Duke) identified two distinct types of private ordering systems: “shadow of law” and “order without law.” Under the Ellickson-Richman structure, many Indian tribes qualify as close-knit groups where informal norms effectively operate. The additional trait of isolation — both geographic and cultural — makes them ideal communities for the prioritization of informal norms. The imposition of external law, such as state law, is harmful and unnecessary to the maintenance of order in these communities. Recent legislative efforts to ameliorate criminal …

E5501: Phase Ii Study Of Topotecan Sequenced With Etoposide/Cisplatin, And Irinotecan/Cisplatin Sequenced With Etoposide For Extensive-Stage Small-Cell Lung Cancer., Taofeek K. Owonikoko, Joseph Aisner, Xin Victoria Wang, Suzanne E. Dahlberg, Eric H. Rubin, Suresh S. Ramalingam, Murugesan Gounder, Paul Gregory Rausch, Rita S. Axelrod, Md, Joan H. Schiller

Department of Medical Oncology Faculty Papers

PURPOSE: Sequence-dependent improved efficacy of topoisomerase I followed by topoisomerase 2 inhibitors was assessed in a randomized phase II study in extensive-stage small-cell lung cancer (SCLC).

METHODS: Patients with previously untreated extensive-stage SCLC with measurable disease, ECOG performance status of 0-3 and stable brain metastases were eligible. Arm A consisted of topotecan (0.75 mg/m(2)) on days 1, 2 and 3, etoposide (70 mg/m(2)) and cisplatin (20 mg/m(2)) (PET) on days 8, 9 and 10 in a 3-week cycle. Arm B consisted of irinotecan (50 mg/m(2)) and cisplatin (20 mg/m(2)) on days 1 and 8 followed by etoposide (85 mg/m(2) PO …

Three-Dimensional Periodic Graphene Nanostructures, Peter M. Wilson, Gilbert N. Mbah, Thomas G. Smith, Daniel Schmidt, Rebecca Y. Lai, Tino Hofmann, Alexander Sinitskii

Department of Chemistry: Faculty Publications

Graphene is a basic building block for many known and emerging carbon-based materials whose properties largely depend on the way how graphene is structured at the nanoscale. Synthesis of novel threedimensional (3D) nanostructures of graphene would be an important advance for fundamental research and various applications. In this paper, we discuss the possibility of fabricating complex 3D graphene nanostructures by growing graphene on pre-synthesized nanostructured metal templates by chemical vapor deposition (CVD) and then etching away the metal. In the proof-of-concept experiments, we study this idea using two types of metal nanostructures, inverse opals and slanted nanopillar arrays grown by …

Highly Selective Gas Sensor Arrays Based On Thermally Reduced Graphene Oxide, Alexey Lipatov, Alexey Varezhnikov, Peter Wilson, Victor Sysoev, Andrei Kolmakov, Alexander Sinitskii

Department of Chemistry: Faculty Publications

The electrical properties of reduced graphene oxide (rGO) have been previously shown to be very sensitive to surface adsorbates, thus making rGO a very promising platform for highly sensitive gas sensors. However, poor selectivity of rGO-based gas sensors remains a major problem for their practical use. In this paper, we address the selectivity problem by employing an array of rGO-based integrated sensors instead of focusing on the performance of a single sensing element. Each rGO-based device in such an array has a unique sensor response due to the irregular structure of rGO films at different levels of organization, ranging from …

Bringing Down An Uprising: Egypt's Stillborn Revolution, Sahar F. Aziz

Faculty Scholarship

Despite warnings that bleak socio-economic conditions were pushing Egyptians to the brink, few could have predicted the timing and extent of what has come to be known as the “January 25th revolution.” For the two years that followed this unprecedented revolutionary moment, many Egyptians believed their nation was headed toward a political rebirth in the direction of democratization – albeit in fits and starts. But what ultimately transpired was far from a revolution, but rather an uprising. Those who risked life and limb in multiple mass protests are now in jail or dead while the military-security apparatus sits firmly at …

The Influence Of Audibility On Speech Recognition With Nonlinear Frequency Compression For Children And Adults With Hearing Loss, Ryan W. Mccreery, Joshua Alexander, Marc A. Brennan, Brenda Hoover, Judy Kopun, Patricia G. Stelmachowicz

Department of Special Education and Communication Disorders: Faculty Publications

Objective—The primary goal of nonlinear frequency compression (NFC) and other frequency lowering strategies is to increase the audibility of high-frequency sounds that are not otherwise audible with conventional hearing-aid processing due to the degree of hearing loss, limited hearing aid bandwidth or a combination of both factors. The aim of the current study was to compare estimates of speech audibility processed by NFC to improvements in speech recognition for a group of children and adults with high-frequency hearing loss.

Design—Monosyllabic word recognition was measured in noise for twenty-four adults and twelve children with mild to severe sensorineural hearing loss. Stimuli …

Phonological And Lexical Influences On Phonological Awareness In Children With Specific Language Impairment And Dyslexia, Kelly Farquharson, Tracy M. Centanni, Chelsea E. Franzluebbers, Tiffany Hogan

Department of Special Education and Communication Disorders: Faculty Publications

Children with dyslexia and/or specific language impairment have marked deficits in phonological processing, putting them at an increased risk for reading deficits. The current study sought to examine the influence of word-level phonological and lexical characteristics on phonological awareness. Children with dyslexia and/or specific language impairment were tested using a phoneme deletion task in which stimuli differed orthogonally by sound similarity and neighborhood density. Phonological and lexical factors influenced performance differently across groups. Children with dyslexia appeared to have a more immature and aberrant pattern of phonological and lexical influence (e.g., favoring sparse and similar features). Children with SLI performed …

Tier 3 Intervention: Discipline Recovery, Reece L. Peterson, Ann O'Connor, Jenna Strawhun

Department of Special Education and Communication Disorders: Faculty Publications

Conclusion

Clearly, further research on discipline recovery and education programs for students that have been expelled is warranted. Several states and programs appear to be making strides in providing students opportunities to accumulate credits and/or prepare for the workforce while expelled from public school, and clearly this is better than no such programs. However, there is little formal evidence to support or guide specific implementation or programming details for these types programs.

The Effect Of Answering In A Preferred Versus A Non-Preferred Survey Mode On Measurement, Jolene Smyth, Kristen Olson, Alian S. Kasabian

Department of Sociology: Faculty Publications

Previous research has shown that offering respondents their preferred mode can increase response rates, but the effect of doing so on how respondents process and answer survey questions (i.e., measurement) is unclear. In this paper, we evaluate whether changes in question format have different effects on data quality for those responding in their preferred mode than for those responding in a non-preferred mode for three question types (multiple answer, open-ended, and grid). Respondents were asked about their preferred mode in a 2008 survey and were recontacted in 2009. In the recontact survey, respondents were randomly assigned to one of two …

Mental And Substance Use Disorders From Early Adolescence To Young Adulthood Among Indigenous Young People: Final Diagnostic Results From An 8-Year Panel Study, Les B. Whitbeck, Kelley J. Sittner Hartshorn, Devan M. Crawford, Melissa L. Walls, Kari C. Gentzler, Dan R. Hoyt

Department of Sociology: Faculty Publications

Objective—Our objective was to investigate change in prevalence rates for mental and substance abuse disorders between early adolescence and young adulthood in a cohort of indigenous adolescents who participated in an 8-year panel study.

Method—The data are from a lagged, sequential study of 671 indigenous adolescents (Wave 1) from a single culture in the Northern Midwest USA and Canada. At Wave 1 (mean age 11.3 years, Wave 4 (mean age 14.3 years), Wave 6 (mean age 16.2 years), and at Wave 8 (mean age 18.3 years) the tribally enrolled adolescents completed a computer-assisted personal interview that included DISC-R assessment for …

Safety And Immunogenicity Of Ontario Rabies Vaccine Bait (Onrab) In The First Us Field Trial In Raccoons (Procyon Lotor), Dennis Slate, Richard B. Chipman, Timothy P. Algeo, Samuel A. Mills, Kathleen M. Nelson, Christopher K. Croson, Edward J. Dubovi, Kurt C. Vercauteren, Randall W. Renshaw, Todd Atwood, Shylo Johnson, Charles E. Rupprecht

United States Department of Agriculture Wildlife Services: Staff Publications

In 2011, we conducted a field trial in rural West Virginia, USA to evaluate the safety and immunogenicity of a live, recombinant human adenovirus (AdRG1.3) rabies virus glycoprotein vaccine (Ontario Rabies Vaccine Bait; ONRAB) in wild raccoons (Procyon lotor) and striped skunks (Mephitis mephitis). We selected ONRAB for evaluation because of its effectiveness in raccoon rabies management in Ontario and Quebec, Canada, and significantly higher antibody prevalence rates in raccoons compared with a recombinant vaccinia-rabies glycoprotein (V-RG) vaccine, Raboral V-RGH, in US–Canada border studies. Raccoon rabies was enzootic and oral rabies vaccination (ORV) had never been …