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Honors In Practice, Volume 10, 2014 Cover And Contents

Honors in Practice Online Archive

No abstract provided.

Special Education In Michigan: Are Juveniles In Detention Being Properly Served?, Leah Miller

Brehm Scholars Research

This study is an investigation into the staff at Michigan juvenile detention facilities regarding awareness of and compliance with state and federal laws which involve the process for screening those suspected of having a disability, the programs and services offered to students with special needs, and larger issues that may be hindering progress in these areas. Directors and assistant directors of all of the detention facilities in the state of Michigan were sent an online survey, with the request that it be forwarded to all staff as well. Questions included those seeking basic demographic data, services available, staff qualifications, barriers …

Racial Residential Segregation And Social Control: A Panel Study Of The Variation In Police Strength Across U.S Cities, 1980–2010, Stephanie L. Kent, Jason T. Carmichael

Sociology & Criminology Faculty Publications

Despite a great deal of theoretical and empirical attention given to racial residential segregation and its influence on a number of social problems in the United States, few scholars have examined the role that this persistent form of racial inequality plays in shaping the magnitude of formal social control efforts. Our study examines this relationship by assessing the potential influence that the isolation of minorities may have on efforts to control crime in urban centers across the United States. Using a pooled time-series regression technique well suited for the analysis of aggregate, longitudinal data, we assess the potential influence of …

The Constitutional Standing Of Corporations, Brandon L. Garrett

Faculty Scholarship

Are corporations “persons” with constitutional rights? The Supreme Court has famously avoided analysis of the question, while recognizing that corporations may litigate rights under the Due Process Clause, Equal Protection Clause, First Amendment, Fourth Amendment, Sixth Amendment, and Seventh Amendment, but not, for example, the Self-Incrimination Clause of the Fifth Amendment. What theory explains why corporations may litigate some constitutional rights and not others? In this Article, I argue that the doctrine of Article III standing supplies an underlying general theory by requiring a judge to ask: does the organization suffer a concrete constitutional injury to its legal interests? Such …

Kean University Institutional Profile 2014, Kean University

Evidence Inventory

No abstract provided.

The Status Of Neurolaw: A Plea For Current Modesty And Future, Cautious Optimism, Stephen J. Morse

Court Review: Journal of the American Judges Association

In a 2002 editorial published in The Economist, the following warning was given: “Genetics may yet threaten privacy, kill autonomy, make society homogeneous and gut the concept of human nature. But neuroscience could do all of these things first.”1 The genome was fully sequenced in 2001, and there has not been one resulting major advance in therapeutic medicine since. Thus, even in its most natural applied domain—medicine—genetics has not had the far-reaching consequences that were envisioned.2 The same has been true of various other sciences that were predicted to revolutionize the law, including behavioral psychology, sociology, and psychodynamic psychology, to …

Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang

Faculty Scholarship

Comparative lawyers and economists have often assumed that traditional Chinese laws and customs reinforced the economic and political dominance of elites and, therefore, were unusually “despotic” towards the poor. Such assumptions are highly questionable: Quite the opposite, one of the most striking characteristics of Qing and Republican property institutions is that they often gave significantly greater economic protection to the poorer segments of society than comparable institutions in early modern England. In particular, Chinese property customs afforded much stronger powers of redemption to landowners who had pawned their land. In both societies, land-pawning occurred far more frequently among poorer households …

The Bankruptcy-Law Safe Harbor For Derivatives: A Path-Dependence Analysis, Steven L. Schwarcz, Ori Sharon

Faculty Scholarship

U.S. bankruptcy law grants special rights and immunities to creditors in derivatives transactions, including virtually unlimited enforcement rights. This article argues that these rights and immunities result from a form of path dependence, a sequence of industry-lobbied legislative steps, each incremental and in turn serving as apparent justification for the next step, without a rigorous and systematic vetting of the consequences. Because the resulting “safe harbor” has not been fully vetted, its significance and utility should not be taken for granted; and thus regulators, legislators, and other policymakers—whether in the United States or abroad—should not automatically assume, based on its …

Objectivity: A Feminist Revisit, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Bridgewater Magazine, Volume 24, Number 2, Fall 2014, Bridgewater State University

Bridgewater Magazine

Issue features articles about the 40th anniversary of BSU’s Children’s Physical Developmental Clinic (CPDC) and the outreach efforts of the Center for the Advancement of STEM Education (CASE). Contents also include articles about Parkinson’s Disease research conducted by Dr. Sandra Neargarder and her students, BSU athletic training student’s professional experiences, and five generations of Bridgewater graduates from one Massachusetts family. Also Bridgewater and Alumni News.

Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu

The Transnational Human Rights Review

Nigeria is a multi-ethnic and multi-religious state. The two major religions in the country are Islam and Christianity. Adherents of these two major religions take divergent positions on the question of the secularity of the Nigerian state. While most Christians argue for separation of the Nigerian state from religion, most Muslims advocate the fusion of religion, the state and the law. To many of them, the Sharia ought to govern the totality of the life of a Muslim from cradle to grave. For instance, the Governor of the Central Bank of Nigeria, Alhaji Sanusi Lamido Sanusi, maintained that any call …

Male Clients Of Male Escorts: Satisfaction, Sexual Behavior, And Demographic Characteristics, Christian Grov, Margaret Wolff, Michael D. Smith, Juline A. Koken, Jeffrey T. Parsons

Publications and Research

Few studies have examined male clients who pay for sex with male escorts. In 2012, clients (n = 495) completed an online survey about their most recent hire. Most clients were White/Caucasian (87.7%), HIV negative (89.5%), employed full time (71.1%), single (58.6%), with a mean age of 54. Three-quarters of clients were gay identified, 18% bisexual, and 4% heterosexual. The median rate paid to escorts was $250 per hour with a modal appointment time of 1 to 2 hours (41.6%). Oral sex was common (80% gave, 69% received), 30% reported anal insertive sex, and 34% reported anal receptive sex. In …

Charles A. Beard & The Columbia School Of Political Economy: Revisiting The Intellectual Roots Of The Beardian Thesis, Ajay K. Mehrotra

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Organic And Locally Grown Food Preferences Of Adults In Kentucky, Amanda Patton Roberts

Theses and Dissertations--Community & Leadership Development

This study investigates the determinants that influence adult Kentuckians’ preference to buy organic and/or locally grown food based on their age, gender, income, education level and metropolitan versus nonmetropolitan living status. Ajzen’s theory of planned behavior (TPB) provides the conceptual framework of the research and the appropriateness of the theory. Data for this analysis are from a 2009 Kentucky statewide survey. The analysis shows that: There is a significant difference in food purchasing habits of Metropolitan and Nonmetropolitan adult Kentuckians; the factors associated with the purchase of organic and locally grown foods are different; and, those who purchased locally grown …

A Life Span Approach To The Relationship Between Cholesterol, Late Onset Alzheimer’S Disease, And Cognitive Functioning Among Older Adults, Brian Downer

Theses and Dissertations--Gerontology

There is evidence that cholesterol presents an important risk factor for Alzheimer’s disease (AD), but the direction of this relationship is modified by age. High cholesterol during midlife and low cholesterol during late life are both associated with an increased risk for AD. This dissertation research engaged a life span approach to study the relationship between cholesterol, AD and cognitive functioning among older adults. The purpose of this research was to determine if trajectories of cholesterol from midlife through late life differ according to AD status and if these trajectories are associated with cognitive functioning during old age.

This research …

Using Beard To Overcome Beardianism: Charles Beard's Forgotten Historicism And The Ideas-Interests Dichotomy, Jonathan Gienapp

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Beard & Uber-Beard, Mark A. Graber

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Asia-Pacific, Justin G. Persuad, Golsa Ghamari, Steve Saunders, Jung Soo Kim, Stephen Sukjoon Pak, Albert Vincent Yu Chang, John Wilson

The International Lawyer

No abstract provided.

Undergraduate Bulletin 2014-2015, John Jay College Of Criminal Justice

College Bulletins

Covers academic year 2014-2015

The Economic Perspective On Sentencing, Joshua B. Fischman

Loyola University Chicago Law Journal

Although economists have been actively engaged in research on criminal sentencing, the synergies between the two fields are hardly obvious. This Essay considers what economists have to contribute to the study of sentencing. One common explanation—that economists’ use of rational choice modeling has applicability to the study of deterrence—does not adequately account for much of the sentencing research that economists are producing. This Essay considers two alternative explanations. First, empirical research in both fields is predominately observational. Due to practical limits on controlled experimentation, economists have developed a variety of tools for making causal inferences from observational data, many of …

Graduate Bulletin 2014-2015, Cuny John Jay College

College Bulletins

Covers academic year 2014-2015

Ethnic Names, Resumes, And Occupational Stereotypes: Will D'Money Get The Job?, Tony Matthew Carthen

All Graduate Theses, Dissertations, and Other Capstone Projects

King, Madera, Hebl, and Knight (2006) found evidence that race-typed names can have significant influence on the evaluation of resumes. Specifically, they found significant differences between Asian, Hispanic, Black and White-sounding names. They also found that occupational stereotypes covaried the relationship between names and evaluation. The current study expanded on their research by manipulating race with new groups (White, Asian Indian, Nigerian, Muslim, and Non-traditional Black-sounding names), manipulating the quality of the resume (low, high), and by considering occupational stereotypes (low-status, high-status) as an explanatory mechanism. Participants who have claimed hiring experience (N=170) from several fields read a fictitious resume, …

The Influence Of Father-Child Relationship On Adolescents' Mental Health, Yea Seul Pyun

All Graduate Theses, Dissertations, and Other Capstone Projects

There is a lack of studies focused on fathers despite of the growing attention on the importance of father's role in children and adolescents' mental health. The current study examined the influence of father-child relationship on marginalized adolescents' internalizing problems and inattentive/hyperactive behaviors. Participants were 48 adolescents recruited through the Youth Voice community program, who completed self-report questionnaires. The results indicated that adolescents who had better relationships with their fathers had lower levels of internalizing problems and inattentive/hyperactive behaviors. Older adolescents had higher symptoms of internalizing problems than younger adolescents. However, age was not associated with internalizing problems and inattentive/hyperactive …

The Effects Of Geriatric Sexual Orientation On Caregiver Reactions To Resident Sexual Behavior Within Long-Term Care Facilities, Andrew Jonathan Ahrendt

All Graduate Theses, Dissertations, and Other Capstone Projects

Within the paucity of literature regarding older adult sexuality, a larger dearth exists concerning biases of long-term care facility staff toward gay and lesbian older adult residents. Prior literature has documented that LGBT (lesbian, gay, bisexual, and transgender) individuals' perceive that they do not receive the same quality of care as that of heterosexual individuals within long-term care facilities. Thus researchers aimed to evaluate whether these biases truly exist within care facilities that can prevent holistic care from being comprehensively provided to everyone regardless of sexual orientation. 153 residential care facility staff members from two separate facilities read one of …

Attempting To Close The Digital Frontier: A Mixed-Methods Approach To The Study Of The Cyber Intelligence Sharing And Protection Act, Renee Lorene Pieschke

All Graduate Theses, Dissertations, and Other Capstone Projects

A mixed-methods approach was taken to study the Cyber Intelligence Sharing and Protection Act (CISPA), recent legislation that would have considerable effects on the digital landscape. The combined methods help to define the problems underlying the legislation by defining stakeholders and isolating views from various media sources. The theoretical examinations of landscape studies, communications geography and Panopticism combined with methodology in political geography, and media analysis helps to develop a multi-angled view of the current perspective on the Cyber Intelligence Sharing and Protection Act. Landscape studies, with roots in Sauer's seminal work, "The Morphology of Landscape," contributed to the narrative …

New Evidence On Why Children's Food Security Varies Across Households With Similar Incomes, Diane Whitmore Schanzenbach, Patricia M. Anderson, Kristin F. Butcher, Hilary W. Hoynes

University of Kentucky Center for Poverty Research Discussion Paper Series

This project examines why very low food security status among children is different across households with very similar measured resources. Controlling for measures of income-to-needs, we examine whether elements in the!environment, household characteristics, or behaviors are systematically correlated with VLFS among children. We use different measures of income-to-needs, including those averaged across years to capture “permanent” income (or to average out measurement error) and measures that include income after taxes and transfers. Our analysis uses the Current Population Survey (across many years, matched December to March), the American Time Use Survey (matched to the December CPS), the National Health and …

Evaluating The Effectiveness Of Three Interventions Designed To Enhance Pre-Service Teachers’ Attitudes Toward Sexual Minorities, Jamye Banks

Theses and Dissertations--Educational, School, and Counseling Psychology

Sexual minority students’ encounters with discrimination and harassment are increasing in school settings. Per the research, the discrimination and harassment they experience partly stems from teachers’ negative attitudes toward sexual minorities and a lack of understanding of the needs of these individuals, which can negatively impact students’ psychological well-being and create an unwelcoming environment (Dessel, 2010; Mudrey & Medina-Adams, 2006; Riggs, Rosenthal, & Smith-Bonahue, 2011). Teachers are responsible for ensuring a safe environment for students that promotes mental and physical health (Larrabee & Morehead, 20’10; Mudrey & Medina-Adams, 2006; Riggs et al., 2011). Therefore, it’s vital to determine ways to …

Proving A Violation: Rhetoric, Research And Remedy, Alan N. Young

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper explores the uses and abuses of relying upon legislative fact evidence to prove a violation of a claimant’s constitutional rights. The Supreme Court of Canada has stated that, in the criminal law context, an accused is entitled to challenge a law that violates the constitutional rights of third parties but that applies in a constitutionally sound manner with respect to the accused. This principle spawned the conventional wisdom that in order to obtain a declaration that a statute is invalid, a litigant must present voluminous legislative fact evidence to demonstrate that the statute unjustifiably limits rights of third …

An Exploration Of "Non-Economic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

Articles

Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of …

Goodbye To All That! : An Accomplished Teacher's Last Year In The Chicago Public Schools: Juried Ethnodramatic Performance For The 35th Annual Ethnography In Education Forum The University Of Pennsylvania Graduate School Of Education Philadelphia, Pa March 1, 2014, Charles Vanover, Andrew Babson

USF St. Petersburg Campus Faculty Publications

This session uses verbatim theatre techniques (Favorini, 1995; Saldaña, 2011) to expand stories from four narrative interviews shared by an accomplished, middle school teacher in the Chicago Public Schools. These stories were spoken the summer after the teacher’s tenth year and describe students she cared for and the challenges of her work. Audience members are given excerpts from the verbatim texts that make up the playscript when they walk in the door, and they are asked to use this material to discuss the show’s guiding question before and after the performance: “Can a teacher care too much and instruct too …