Digital Commons Network^™

A V B And Attorney General Of Quebec (Eric V Lola)—The Implications For Cohabiting Couples Outside Quebec, Natasha Bakht

Canadian Journal of Family Law

No abstract provided.

Workplace Democracy For The Twenty-First Century? Rethinking A Norm Of Worker Voice In The Wake Of The Corporate Diversity Juggernaut, Cynthia Estlund

Faculty Articles

I want to explore here the question of what workplace democracy could mean in the twenty-first century, including for the great majority of private sector workers who are destined to remain without union representation, and who perhaps do not want to take up the cudgels and go into opposition against their employer. I also want to explore whether responsible corporations might be brought on board to supply part of what workers want and need as citizens of the workplace. Inevitably that will require that we reprise aspects of the old and tired debate over reform of Section 8(a)(2) of the …

On The Problem Of Legal Change, Adam M. Samaha

Faculty Articles

Identifying legal change is an ordinary part of legal decisionmaking, but participants in those decisions regularly focus on different measures. A version of the problem arises when one observer points to results while another observer points to processes for generating such results. Often change can be detected on one of those dimensions and not another. This Article offers a way to think about legal change that captures process–result combinations. The Article illustrates the combination with numerous examples from ordinary life, ordinary law, and constitutional law—including particular controversies such as same-sex marriage benefits, as well as crosscutting debates over methods of …

Twenty Years After The Education Apocalypse: The Ongoing Fall Out From The 1994 Omnibus Crime Bill, Mary Rachel Gould, Spearit .

Saint Louis University Public Law Review

No abstract provided.

Private Prisons: Myths, Realities & Educational Opportunities For Inmates, Richard P. Seiter

Saint Louis University Public Law Review

No abstract provided.

House To House: Mergers, Annexations & The Racial Implications Of City-County Politics In St. Louis, Anders Walker

Saint Louis University Public Law Review

No abstract provided.

2013-2014 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2013-2014 Athletic Advisory Committee Annual Report. Additional annual reports are attached.

Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans

Cornell Law Faculty Working Papers

“Juries, Lay Judges, and Trials” describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. In others, citizens decide cases together with professional judges in mixed decision-making bodies. What is more, a number of countries have introduced or reintroduced systems employing juries or lay judges, often as part of comprehensive reform in emerging democracies. Becoming familiar with the job of the juror or lay citizen in a criminal trial is thus essential for understanding contemporary …

Review Of Andrews, Ernest, Ed. "Legacies Of Totalitarian Language In The Discourse Culture Of The Post-Totalitarian Era", Richard Holtzman

History and Social Sciences Faculty Journal Articles

No abstract provided.

Strategies For Overcoming Common Obstacles In The Online Environment: Issues In Virtual School Teaching, Michael K. Barbour, Kelly L. Unger

Education Faculty Publications

K-12 online learning or virtual schooling has seen substantial growth in the United States over the past two decades. While the practice of virtual schooling has exploded, the availability of research-based best practices to guide teachers working in these environments is lacking. This chapter presents four cases from Michigan Virtual School (MVS) teachers that examine a variety of issues that virtual school teachers face when facilitating K-12 student learning in the online environment, including strategies to provide substantive feedback in English Language Arts, methods for addressing the demonstration of mathematical computations, using Web 2.0 tools to increase interaction in an …

Csbs Statements, V16, 2014, University Of Northern Iowa. College Of Social And Behavioral Sciences.

CSBS Statements

Contents:

-- From the Desk of the Dean
-- Jeff Kurtz
-- Tabatha Cruz
-- Mike Isaacson
-- Catwalk 22
-- Public History Efforts Expand
-- The Geography of History
-- Master Class Connects Textiles & Apparel and Geography
-- Arctic-FROST
-- GeoBridge
-- College of Social & Behavioral Sciences Loyalty Roster
-- Dean's Fund Inner Circle
-- From our Director of Development
-- Panther Caucus
-- The Emerging Treatment of Trauma Informed Care
-- Coffee with the Dean
-- 2014 CSBS Distinguished Alumni Named
-- Dr. Jackson Katz visits UNI Center for Violence Prevention
-- In Celebration of Creativity …

Right Of Possession: A Comparative Legal Analysis Of Nagpra, Jaclyn Lee Schmidt

Graduate Student Theses, Dissertations, & Professional Papers

Repatriation attempts to reconcile opposing values regarding human skeletal remains. Repatriation has sometimes been contentious because it raises the question of which aspect of human remains is more important, cultural or scientific values. Repatriation is also an issue of power. The Native American Graves Protection and Repatriation Act (NAGPRA) provides a procedural framework with which to negotiate power relationships between scholars, tribes, and the U.S. government. Property rights are integral to power, as the holder controls the use of and access to and interpretation of indigenous skeletal remains. Property rights concerning Native American human remains are an integral part of …

Gender Politics And Child Custody: The Puzzling Persistence Of The Best-Interest Standard Child Custody Decisionmaking, Elizabeth S. Scott, Robert E. Emery

Faculty Scholarship

The best-interests-of-the-child standard has been the prevailing legal rule for resolving child-custody disputes between parents for nearly forty years. Almost from the beginning, it has been the target of academic criticism. As Robert Mnookin famously argued in a 1976 article, "best interests" are vastly indeterminate – more a statement of an aspiration than a legal rule to guide custody decisionmaking. The vagueness and indeterminacy of the standard make outcomes uncertain and gives judges broad discretion to consider almost any factor thought to be relevant to the custody decision. This encourages litigation in which parents are motivated to produce hurtful evidence …

Living With Uncertainty: The Impact On Breast Cancer Survivors And Their Intimate Partners, Kimberley Dockery

Department of Family Therapy Dissertations and Applied Clinical Projects

This study explored the lived experiences of breast cancer survivors and their intimate partners. The research was informed by a social constructionist framework and phenomenological method of inquiry. While the body of literature on the physical, psychological, and social health of breast cancer survivors is growing, only a few studies have focused solely on the lived experience of survivorship and the uncertainty of recurrence. This study sought to explore the construction of meaning in the couples' context and experiences of surviving breast cancer. The present study examined how breast cancer survivors make meaning of their survivorship in context of living …

Compulsory Sexuality, Elizabeth F. Emens

Faculty Scholarship

Asexuality is an emerging identity category that challenges the assumption that everyone is defined by some type of sexual attraction. Asexuals – those who report feeling no sexual attraction to others – constitute one percent of the population, according to one prominent study. In recent years, some individuals have begun to identify as asexual and to connect around their experiences interacting with a sexual society. Asexuality has also become a protected classification under the antidiscrimination law of one state and several localities, but legal scholarship has thus far neglected the subject.

This Article introduces asexuality to the legal literature as …

Same-Sex Couples' Lived Experiences Of The Repeal Of The Defense Of Marriage Act's (Doma) Section Three, Alicia Anne Bosley

Department of Family Therapy Dissertations and Applied Clinical Projects

Same-sex couples are affected by the social and political climates in which they live, as these create the difference between acceptance and legalization, and discrimination and prohibition, of their relationships. This contingence is made increasingly impactful by the privileges and protections afforded to married couples by the federal government; same-sex couples, along with other couples that choose not to, or cannot, marry, are excluded from these benefits. Following the June 26, 2013 ruling that Section Three of the Defense of Marriage Act (DOMA), which defined marriage as between a man and a woman, was unconstitutional, same-sex couples were given access …

Transnational Marriage: Modern Imaginings, Relational Realignments, And Persistent Inequalities, Coralynn V. Davis

Faculty Journal Articles

In the context of shifting cultural anchors as well as unstable global economic conditions, new practices of intimacy and sexuality may become tactics in an individual’s negotiation of conflicting desires and potentials. This article offers reflection on the interface between global forces, powerful transcultural narratives, and state policies, on the one hand, and local, even individual, constructions and tactics in regard to sexuality, marriage, migration, and work, on the other. The article focuses on the life trajectory of Gudiya, an ambitious young Hindu woman who started out life with little social capital and few economic resources in a dusty corner …

Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern

Faculty Scholarship

Federal and state law confers broad discretion on courts to administer the criminal laws, impose powerful penalties, and leave serious criminal behavior unpunished. Each time an appellate court reviews a criminal verdict, it performs an important systemic function of regulating the exercise of that power. Trial courts do the same when, for example, they admit or exclude evidence generated by government investigators. For decades, judicial decisions of this sort have been guided by case law made during the Supreme Court's Criminal Procedure Revolution of the 1960s and 1970s. It is becoming increasingly clear, however, that the rule-bound, essentially bureaucratic regulatory …

The Judiciary And Fiscal Crises: An Institutional Critique, Peter Conti-Brown, Ronald J. Gilson

Faculty Scholarship

Scholars have long debated the role for courts with respect to governmental action that responds to crisis. Most of the crises analyzed, however, are exogenous to the political process; the courts’ role in response to politically endogenous crises has received less attention. We evaluate the role of the judiciary in a subset of those endogenous crises: the judicial treatment of governmental efforts to resolve the crisis facing underfunded public pensions. Assessing institutional competence schematically with reference to an institution’s democratic accountability and fact-finding ability, we argue that, where institutions function properly, judicial intervention in politically endogenous economic crises should be …

Aggressive Policing And The Mental Health Of Young Urban Men, Amanda Geller, Jeffrey Fagan, Tom Tyler, Bruce Link

Faculty Scholarship

Objectives: We provide the first population-based analysis of the health implications of contemporary policing. Many cities have adopted “proactive” policing models, which engage citizens – often aggressively – at low levels of suspicion. We survey young men on their experiences of police encounters and subsequent mental health. Methods: We conducted a population-based phone survey of 1,261 young men in New York City. Respondents reported how many times they were approached by New York Police Department (NYPD) officers, what these encounters entailed, any trauma they attributed to the stops, and their overall anxiety. Data were analyzed using cross-sectional regression. Results: Respondents …

Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow

Law Faculty Publications

I had the honor of hearing Judge Joseph Greenaway give the keynote address at Columbia University's Black Law Students Association's Paul Robeson Gala in 2010. He gave a stirring speech, which has since been published in the Columbia Journal of Race and Law, entitled Have We Crossed the Bridge Yet? The title and theme of His Honor's speech is a reference to David Remnick's The Bridge: The Life and Rise of Barack Obama, which, in turn, invokes the metaphor of the bridge as a representation of the African-American struggle toward equality. ...

Do Defaults On Payday Loans Matter?, Ronald J. Mann

Faculty Scholarship

This essay examines the effect on a borrower’s financial health of failure to repay a payday loan. Recent regulatory initiatives suggest an inclination to add an “ability to pay” requirement to payday-loan underwriting that would be fundamentally inconsistent with the nature of the product. Because the premise of that regulation would be that borrowers suffer harm when they fail to repay such a loan, it is timely to examine the after-effects of such a default empirically. This essay examines that question using a dataset that combines payday borrowing histories with credit bureau information.

The essay uses a difference-in-difference approach, comparing …

Governing, Exchanging, Securing: Big Data And The Production Of Digital Knowledge, Bernard E. Harcourt

Faculty Scholarship

The emergence of Big Data challenges the conventional boundaries between governing, exchange, and security. It ambiguates the lines between commerce and surveillance, between governing and exchanging, between democracy and the police state. The new digital knowledge reproduces consuming subjects who wittingly or unwittingly allow themselves to be watched, tracked, linked and predicted in a blurred amalgam of commercial and governmental projects. Linking back and forth from consumer data to government information to social media, these new webs of information become available to anyone who can purchase the information. How is it that governmental, commercial and security interests have converged, coincided, …

The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt

Faculty Scholarship

This article analyzes trends in prison rates and mental hospital rates in France since the earliest available statistics. It shows that, on almost two centuries of data and amidst an agitated political history, every asylum trend in France is "countered" by an inverse prison trend, and vice-versa. Both trends are like a mirror image of each other. We reflect on the possible explanations for this intriguing fact and show that the most obvious ones (a population transfer or a building transfer) are not able to account for most of the relationship. After these explanations have been dismissed, we are left …

Street Stops And Police Legitimacy: Teachable Moments In Young Urban Men's Legal Socialization, Tom Tyler, Jeffrey Fagan, Amanda Geller

Faculty Scholarship

An examination of the influence of street stops on the legal socialization of young men showed an association between the number of police stops they see or experience and a diminished sense of police legitimacy. This association was not primarily a consequence of the number of stops or of the degree of police intrusion during those stops. Rather, the impact of involuntary contact with the police was mediated by evaluations of the fairness of police actions and judgments about whether the police were acting lawfully. Whether the police were viewed as exercising their authority fairly and lawfully shaped the impact …

Primordial Lights: The Logos And Adoil In The Johannine Prologue And 2 Enoch, Andrei Orlov

Theology Faculty Research and Publications

No abstract provided.

Introduction To Dodge V. Ford Motor Co.: Primary Source And Commentary Material, Linda Kawaguchi

Chapman Law Review

No abstract provided.

Association Between Latent Toxoplasmosis And Major Depression, Generalised Anxiety Disorder And Panic Disorder In Human Adults, Shawn D. Gale, Bruce L. Brown, Andrew Berrett, Lance D. Erickson, Dawson W. Hedges

Faculty Publications

Latent infection with the apicomplexan Toxoplasma gondii (Nicolle et Manceaux, 1908) has been associated with schizophrenia, bipolar disorder and self-harm behaviour. However, the potential relationship between T. gondii immunoglobulin G antibody (IgG) seropositivity and generalised-anxiety disorder (GAD) and panic disorder (PD) has not been investigated. The associations between serum reactivity to T. gondii and major depressive disorder (MDD), GAD and PD were evaluated in a total sample of 1 846 adult participants between the ages of 20 and 39 years from the United States Center for Disease Control's National Health and Nutrition Examination Survey (NHANES). Approximately 16% of the overall …

Linguistic Behavior And Religious Activity, Wendy Baker, David Bowie

Faculty Publications

Studies have found that Mormons and non-Mormons in Utah exhibit significant linguistic differences. We break this down further by investigating whether there are also differences between Mormons who actively participate in the religion and those who do not, and find significant differences with a medium or larger effect size between the groups for multiple variables. We conclude that when investigating the linguistic correlates of religious affiliation in a community, it is vital to elicit not just respondents’ religious affiliations, but also their level of participation within that religion.

How To Improve The Financial Architecture And Its Resilience, Dirk Helbing, Eve Mitleton-Kelly, Jean-Philippe Bouchaud, Fabio Caccioli, J. Doyne Farmer, Steve Keen, Katharina Pistor, Dennis J. Snower, Olsen Richard, Angelo Ranaldo, Norbert Häring, Edward Fullbrook

Faculty Scholarship

This financial resilience survey was circulated on behalf of a working group of the Complexity Council of the World Economic Forum comprised of Prof. Eve Mitleton-Kelly of London School of Economics and Prof. Dirk Helbing at ETH Zurich's Risk Center. It was sent to a few dozens of financial experts with the aim to create an inventory of ideas of how the financial system might be improved and made more resilient. Unconventional ideas were also welcome.