Digital Commons Network^™

A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs

Scholarly Works

This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …

Concept And Contract In The Future Of International Law, John Linarelli

Scholarly Works

This is an article written for a symposium on Joel Trachtman’s book, The Future of International Law. I first deal with the contractarian features of Trachtman’s approach to understanding international law. Using the tools of new institutional economics and constitutional economics, Trachtman seeks to describe the features of an international legal system. This is positive political theory or at least relates substantially to the methods of positive political theory. I explore a different approach, one connecting to normative political theory. In its ambitious sense, my approach would see international law as a form of moral argument, but in its modest …

Robotic Marriage And The Law, Mark Goldfeder, Yosef Razin

Scholarly Works

The United States, and the world at large, is in the midst of a family law revolution that will fundamentally change our very conception of family. Ethical challenges to age-old ideas have prompted people to ask foundational questions, such as how and why our most important personal relationships evolved. In a world where same-sex marriage has been legalized, it is only natural to wonder who marriage may include in the future. This essay explores the question of whether a human and a robot could ever legally marry in the United States. Through a thought experiment, it examines the legal and …

Catholic Social Thought And Human Rights, Zachary R. Calo

Scholarly Works

As the dominant moral vocabulary of modernity, the language of human rights establishes significant points of contact between the religious and the secular. Yet, the human rights movement increasingly finds itself in a contested relationship with religious ideas and communities. Even as it draws on the inherited moral resources of religion, the human rights movement, at least in its dominant institutional and intellectual expressions, presents itself as a totalizing moral theory that challenges countervailing theological accounts of human rights. This article considers the distinctive account of human rights that has emerged within Catholic social teaching. Particular attention is given to …

Unrealized Expectations : A History Of Christian Union Mission And World Gospel Mission's Work Among The Nembi And Melpa People Of Papua New Guinea, Ruth Ann Tipton

ATS Dissertations

No abstract provided.

The Scope And Potential Of Ftc Data Protection, Woodrow Hartzog, Daniel J. Solove

Faculty Scholarship

For more than fifteen years, the FTC has regulated privacy and data security through its authority to police deceptive and unfair trade practices as well as through powers conferred by specific statutes and international agreements. Recently, the FTC’s powers for data protection have been challenged by Wyndham Worldwide Corp. and LabMD. These recent cases raise a fundamental issue, and one that has surprisingly not been well explored: How broad are the FTC’s privacy and data security regulatory powers? How broad should they be?

In this Article, we address the issue of the scope of FTC authority in the areas of …

Unfair And Deceptive Robots, Woodrow Hartzog

Faculty Scholarship

Robots, like household helpers, personal digital assistants, automated cars, and personal drones are or will soon be available to consumers. These robots raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety and finances. Robots also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.

The thesis of the Article is that the FTC’s grant of authority and …

The Return Of The King: The Unsavory Origins Of Administrative Law, Gary S. Lawson

Faculty Scholarship

Philip Hamburger’s Is Administrative Law Unlawful? is a truly brilliant and important book. In a prodigious feat of scholarship, Professor Hamburger uncovers the British and civil law antecedents of modern American administrative law, showing that contemporary administrative law “is really just the most recent manifestation of a recurring problem.” That problem is the problem of power: its temptations, its dangers, and its tendency to corrupt. Administrative law, far from being a distinctive product of modernity, is thus the “contemporary expression of the old tendency toward absolute power – toward consolidated power outside and above the law.” It represents precisely the …

Does The Quality Of The Plaintiffs' Law Firm Matter In Deal Litigation?, Adam B. Badawi, David H. Webber

Faculty Scholarship

This Article examines how the stock market reacts to the filing of lawsuits against mergers and acquisitions targets as the quality of the plaintiffs’ law firm varies. Our primary dataset includes all cases of this type filed in the Delaware Chancery Court from November 2003–September 2008. We group the law firms that file these suits into higher and lower quality categories using several quantitative and qualitative measures. We hypothesize that target firm share value should reflect the likelihood that litigation will result in an increase in merger consideration. This effect is likely to depend, at least in part, on law …

Is It Time To Rewrite The Constitution? Fidelity To Our Imperfect Constitution, James E. Fleming

Faculty Scholarship

This essay considers arguments that the U.S. Constitution is so imperfect — and the constitutional and political system so dysfunctional or otherwise failing — that it is time to rewrite the Constitution through amendment or constitutional convention. I argue that if we adopt and maintain an attitude of fidelity to our imperfect Constitution, it may be unnecessary to formally amend the Constitution unless there is good reason to believe that something better might come out of this process. The better approach is to maintain an attitude of fidelity to the imperfect Constitution and to apply a Constitution-perfecting theory — to …

Is This The Law Library Or An Episode Of The Jetsons?, Ronald E. Wheeler

Faculty Scholarship

In this brief essay penned for the inaugural online edition of the Journal of the Legal Writing Institute, Professor Wheeler discusses his vision for the future of law libraries and the future of legal research, legal research instruction, law teaching, and law related technologies.

Will Uncooperative Federalism Survive Nfib?, Abigail Moncrieff, Jonathan Dinerstein

Faculty Scholarship

In October Term 2012, the Supreme Court decided two cases that are fundamentally at odds: NFIB v. Sebelius and Douglas v. Independent Living Center of Southern California. In NFIB, the Court held that the federal government, at least under some circumstances, may not use the threat of reduced funding in cooperative federalism programs to require states to comply with federal statutory requirements. In Douglas, however, the Court indicated that private litigants should sue federal agencies under the Administrative Procedure Act if those agencies refuse to enforce federal statutory requirements against the states. The problem is that the withdrawal of funding …

Addressing Cyber Harassment: An Overview Of Hate Crimes In Cyberspace, Danielle K. Citron

Faculty Scholarship

This short piece will take a step back and give an overhead view of the problem of cyber harassment and the destructive impact it can have on victims’ lives. Then, it will address about what the law can do to combat online harassment and how a legal agenda can be reconciled with the First Amendment. Finally, it will turn to recent changes in social media companies’ treatment of online abuse and what that might mean for our system of free expression.

The Relationship Between Transformational Leadership Behavior, Adult Attachment And God Attachment, Deboarah Foulkes

Doctoral Dissertations and Projects

Transformational leaders are charged with the undertaking of not only accomplishing tasks, but also engaging followers in a manner that will achieve these tasks. An interaction with the follower is needed to achieve this, and the quality of that interaction may be impacted by environmental stressors. Past studies suggest that adult attachment orientation will determine the quality of interpersonal interactions. Additionally, past studies also suggest that an attachment to God influences the quality of interpersonal interactions and how one copes with stress. A correspondence model of God attachment posits that a person’s attachment to God will be similar to their …

Grudge Spending: The Interplay Between Markets And Culture In The Purchase Of Security, Ian Loader, Benjamin J. Goold, Angelica Thumala

All Faculty Publications

In the paper, we use data from an English study of security consumption, and recent work in the cultural sociology of markets, to illustrate the way in which moral and social commitments shape and often constrain decisions about how, or indeed whether, individuals and organizations enter markets for protection. Three main claims are proffered. We suggest, firstly, that the purchase of security commodities is a mundane, non-conspicuous mode of consumption that typically exists outside of the paraphernalia of consumer culture – a form of grudge spending. Secondly, we demonstrate that security consumption is weighed against other commitments that individuals and …

Ending The Isolation: An Introduction To The Special Volume On Human Rights And Solitary Confinement, Debra Parkes

All Faculty Publications

Prisoners and their advocates in Canada and around the world have been calling attention to the harms and impact of solitary confinement for some time. What is significant about the current moment is that these calls seem to be achieving some traction, even as the use of solitary confinement grows across jurisdictions. This short piece introduces a special volume of the Canadian Journal of Human Rights which collects the writing of advocates and scholars from a range of disciplines (criminology, law, philosophy) who bring a variety of perspectives and methodologies to bear on the opaque correctional systems that hold human …

The Politics Of Early Justice, Federal Judicial Selection, 1789-1861, Michael J. Gerhardt, Michael Ashley Stein

Faculty Publications

No abstract provided.

Superdelegation And Gatekeeping In Bankruptcy Courts, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Off-Label Drug Promotion And The Ephemeral Line Between Marketing And Education, Joan H. Krause

Faculty Publications

No abstract provided.

The Psychic Cost Of Tax Evasion, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

Customized Procedure In Theory And Reality, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Holocene Settlement History Of The Dundas Islands Archipelago, Northern British Columbia, Bryn Letham, Andrew Martindale, Duncan Mclaren, Thomas Brown, Kenneth M. Ames, David J.W. Archer, Susan Marsden

Anthropology Faculty Publications and Presentations

As this article demonstrates, the Dundas Islands have been home to humans for at least eleven thousand years. This occupation was at times very extensive; this relatively small group of islands was likely home to a population of several thousand people by about two thousand years ago. While geographically on the “outer shores” of Northern Tsimshian traditional territory, these islands were in no way marginal as locations for settlement. We outline the settlement history of the archipelago by presenting the results of the Dundas Islands Archaeological Project, including the radiocarbon dating program results combined with data from three previous small-scale …

Archéologie Du Cap Espenberg Où La Question Du Birnirk Et De L’Origine Du Thulé Dans Le Nord‐Ouest De L’Alaska, Claire Alix, Owen K. Mason, Nancy H. Bigelow, Shelby L. Anderson, Jeffrey Rasic, John F. Hoffecker

Anthropology Faculty Publications and Presentations

Résumé en français

Le cap Espenberg est une flèche littorale au large de la mer des Tchouktches dans le nord‐ouest de l’Alaska contenant les vestiges de 4000 ans d’occupations humaines et de changements climatiques. Les recherches archéologiques et paléoenvironnementales qui sont menées depuis 2009 dans le cadre d’un projet pluridisciplinaire apportent des informations nouvelles sur la chronologie des occupations du dernier millénaire et documente l’émergence de la culture thuléenne directement antérieure et ancestrale aux Inuit/Inupiat d’aujourd’hui, dans un contexte d’intensification des conditions cycloniques contemporain du petit âge glaciaire. Parallèlement, ces recherches posent la question de la nature de l’occupation Birnirk …

Branding Identity, Kate Sablosky Elengold

Faculty Publications

No abstract provided.

Charter Eviction: Litigating Out Of House And Home, Margot Young

All Faculty Publications

The case of Tanudjaja v Attorney General (Canada) takes up the cause of housing rights under the Canadian Charter of Rights and Freedoms in a novel and complex way. The government actions and inactions cited as constitutional breaches and the broad remedial requests reflect the “pixelated” picture of housing concerns necessary to understanding Canada’s housing security crisis. In dismissing the challenge at a preliminary stage, the Ontario Superior and Appeal Courts risk rendering the Charter irrelevant to the deep social justice concerns that cross our country. More specifically, formulaic judicial invocation of concerns about positive rights and justiciability leave the …

The Effects Of Spinal Manipulative Therapy On Isokinetic Strength And Postactivation Potentiation, Grant D. Sanders

Theses and Dissertations--Kinesiology and Health Promotion

Spinal manipulative therapy (SMT) is a therapeutic procedure employed by various healthcare practitioners for alleviating acute and chronic musculoskeletal complaints. This form of treatment is also delivered to enhance the performance and augment the rehabilitation of athletes. However, despite research findings alleging the strength-modulating effects of SMT alongside numerous professional athletes’ positive anecdotal claims concerning its results, the physiological processes to explain its effects remain largely unexplained. Therefore, the purpose of this work was to investigate the effects of SMT in a college-aged sample population with two experiments.

The first study examined the effect of SMT targeting the lumbosacral region …

Parent Involvement And Science Achievement During Students’ Transition Years From Elementary School To Middle School: A Cross-Lagged Panel Analysis Using Ecls-K, Letao Sun

Theses and Dissertations--Educational Policy Studies and Evaluation

Transitioning from elementary school to middle school can be a difficult time for many adolescents. It is a period often correlated with a decline in students’ academic achievement, perceptions of performance, potential, and value in schooling. Research has shown evidence that parents’ involvement in their children’s education significantly influences children’s academic achievement. However, there are many conflicting findings regarding this relationship.

The primary purpose of this study is to extend existing research on academic achievement by examining the causal relationship between parent involvement and science achievement during the transition years, using data from the Early Childhood Longitudinal Study, Kindergarten Class …

Student Perceived Motivational Climate, Enjoyment, And Physical Activity In Middle School Physical Education, Christine Elizabeth Johnson

Theses and Dissertations--Education Sciences

Youth physical activity (PA) levels, specifically that of girls, decline as they enter the middle grades (Parish & Treasure, 2003). Physical education (PE) is one area in the school environment where student PA can be increased. One goal recognized by the Society of Health and Physical Educators (SHAPE) is for students to be physically active for at least 50% of class time and be offered PE for at least 225 minutes per week (SHAPE, 2013). Achievement Goal Theory (AGT) suggests student perceived motivational climate can influence PA levels, student enjoyment, and intrinsic motivation. The purpose of this study was to …

"The Wild Experiment" And Its Aftermath: How Courts Settled Conflict And Questions Of Power In Higher Education, 1900-1930, Rhyan Michael Conyers

Theses and Dissertations--Educational Policy Studies and Evaluation

Between 1900 and 1930, who determined the balance of power between higher education and the state when conflicts arose? This study presents an untold story of how courts settled disputes that stemmed from public officials’ attempts to rein in spending and influence among colleges in their states. These disputes followed what Frank Blackmar in 1890 referred to as a “wild experiment” with higher education’s growth and planning. Colleges desired to expand, acquire additional funding, and function as independently as possible, while public officials and legislatures sought to exercise influence and power over those colleges. This laid the groundwork for conflict …

Transgender Individuals' Social Support Experiences In Central Appalachia, Angela J. Aaron

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

The majority of empirical studies in transgender psychology have focused on the negative experiences of urban transgender individuals (Grossman & D’Augelli, 2007; Koken, Bimbi, & Parsons, 2009; Melendez & Pinto, 2007; Singh & McKleroy, 2011; Strain & Shuff, 2010; Xavier, Bobbin, Singer, & Budd, 2005). Less is known about the experiences of rural transgender individuals (Fassinger & Arseneau, 2007; Grossman, 2008) especially in Central Appalachia (Gray, 2009). The purpose of this study was to examine transgender individuals’ perceptions of social support in Central Appalachia. Bronfenbrenner’s (1977) ecological model framed the analysis of social support experiences within the culture of Central …