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2017

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In The Shadow Of A Myth: Bargaining For Same-Sex Divorce, Noa Ben-Asher Jan 2017

In The Shadow Of A Myth: Bargaining For Same-Sex Divorce, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

This Article explores a relatively new phenomenon in family law: same-sex divorce. The Article's central claim is that parties to the first wave of same-sex divorces are not effectively bargaining against the backdrop of legal dissolution rules that would govern in the absence of an agreement. In other words, to use Robert Mnookin and Lewis Kornhauser's terminology, they are not "bargaining in the shadow of the law." Instead, the Article argues, many same-sex couples today bargain in the shadow of a myth that same-sex couples are egalitarian—that there are no vulnerable parties or power differentials in same-sex divorce.

The Article …


When Does Sex Diversity On Boards Benefit Firms?, Darren Rosenblum Jan 2017

When Does Sex Diversity On Boards Benefit Firms?, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Firms embrace diversity, especially with regard to sex. Overtly optimistic predictions of a diversity dividend, some built on sex stereotypes, lead these firms to count on profits that may never materialize. This Article attempts to reset the agenda on how to study corporate board diversity. We can only assess if and how sex diversity yields benefits by understanding the who, what, and where of diversity. Whether sex diversity produces a "diversity dividend" depends on three key factors: ( 1) the nature of the benefit of including women (whether for their experience or other qualities); (2) the kind of firm and …


The Value Of Existence, David N. Cassuto Jan 2017

The Value Of Existence, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

One does not read Beating Hearts passively. I found myself agreeing often, disagreeing often, and sometimes doing both at the same time. Just as frequently, the book made me reexamine my views from a perspective I had not considered before. For example, prior to reading the book, I had not explored the basis for my belief that causing the death of a living being is a morally significant act. The authors (with a post-mortem assist from Epicurus) have seen to that deficiency. This forum seems an ideal place to push that discussion a bit further.


[Introduction To] Heroes Of Richmond: Four Centuries Of Courage, Dignity, And Virtue, Scott T. Allison Jan 2017

[Introduction To] Heroes Of Richmond: Four Centuries Of Courage, Dignity, And Virtue, Scott T. Allison

Bookshelf

A gorgeous river city blessed with abundant resources, Richmond, Virginia has also been called the city of “contradictions” and “crises”, a city with a “complicated history” replete with “struggles and wounds”. Richmond has been a magnet for heroism and villainy, a place where the best and worst of human nature have collided over several centuries. This volume, Heroes of Richmond: Four Centuries of Courage, Dignity, and Virtue, captures the complex heroic history of a complex city. Authored by a group of outstanding students at the University of Richmond, this book provides coverage of Richmond’s heroes from the first Euro …


Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record, Lawrence B. Solum Jan 2017

Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record, Lawrence B. Solum

Faculty Scholarship

This Essay contributes to the development of an originalist methodology by making the case for an approach that employs three distinct methods, each of which serves as a basis for confirming or questioning the results reached by the other two. This approach will be called the Method of Triangulation. The three component techniques are as follows:

(1) The Method of Corpus Linguistics: The method of corpus linguistics employs large-scale data sets (corpora) that provide evidence of linguistic practice.

(2) The Originalist Method of Immersion: The method of immersion requires researchers to immerse themselves in the linguistic and conceptual world of …


The Strange Case Of Dr. Jekyll's Will: A Tale Of Testamentary Capacity, Stephen R. Alton Jan 2017

The Strange Case Of Dr. Jekyll's Will: A Tale Of Testamentary Capacity, Stephen R. Alton

Faculty Scholarship

Robert Louis Stevenson’s classic novella, The Strange Case of Dr. Jekyll and Mr. Hyde, published in 1886, is the well-known tale of a respected scientist (Dr. Henry Jekyll) who transforms himself into an evil-doer (Mr. Edward Hyde). While the work raises issues of tort and criminal liability, this article analyzes the legal issues presented by one particular and crucial plot device that Stevenson employs—the last will of Dr. Jekyll. This will so obsesses Jekyll’s friend and solicitor, Gabriel John Utterson (through whose eyes the story unfolds), that he is impelled to seek the truth behind his friend’s relationship to Hyde. …


A Novel Approach To Identifying A Neuroimaging Biomarker For Patients With Serious Mental Illness, Alok Madan, J Christopher Fowler, Michelle A Patriquin, Ramiro Salas, Philip R Baldwin, Kenia M Velasquez, Humsini Viswanath, David L Molfese, Carla Sharp, Jon G Allen, Susan Hardesty, John M Oldham, B Christopher Frueh Jan 2017

A Novel Approach To Identifying A Neuroimaging Biomarker For Patients With Serious Mental Illness, Alok Madan, J Christopher Fowler, Michelle A Patriquin, Ramiro Salas, Philip R Baldwin, Kenia M Velasquez, Humsini Viswanath, David L Molfese, Carla Sharp, Jon G Allen, Susan Hardesty, John M Oldham, B Christopher Frueh

Staff and Researcher Publications

Serious mental illness (SMI) is disabling, and current interventions are ineffective for many. This exploratory study sought to demonstrate the feasibility of applying topological data analysis (TDA) to resting-state functional connectivity data obtained from a heterogeneous sample of 235 adult inpatients to identify a biomarker of treatment response. TDA identified two groups based on connectivity between the prefrontal cortex and striatal regions: patients admitted with greater functional connectivity between these regions evidenced less improvement from admission to discharge than patients with lesser connectivity between them. TDA identified a potential biomarker of an attenuated treatment response among inpatients with SMI. Insofar …


My Own Private Library: A Peek Inside The Personal Library Of A Librarian, Jessica Hudson Jan 2017

My Own Private Library: A Peek Inside The Personal Library Of A Librarian, Jessica Hudson

Georgia Library Quarterly

No abstract provided.


Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon Jan 2017

Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon

Faculty Scholarship

The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a judge …