Digital Commons Network^™

The Law Wants To Be Formal, Chaim Saiman

Faculty Publications

No abstract provided.

Fraudulent Transfers: Void And Voidable, David G. Carlson

Articles

This Article explores the civil procedure attendant to private fraudulent transfer litigation (primarily outside the context of bankruptcy). In such litigation, courts ponder whether fraudulent transfers are void or voidable. In fact, they are both simultaneously! According to the theory "at law," a fraudulent transfer is "void." That is, a creditor with a judgment could simply levy the property from a fraudulent grantee as if the grantee had no property rights. This Article questions the constitutional viability of this ancient attitude. Meanwhile, "equity" viewed the transfer as voidable. The grantee gets title, but the title might be set aside. The …

The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich

Articles

The article critiques the Pure Theory of Law, arguing that it is inadequate and detached from the dynamic and creative aspects of legal practice. The author advocates for a reimagined legal theory that integrates critical perspectives, embodiment, and a connection to the natural world, emphasizing the need for adaptability and responsiveness over static dogma.

Animal Sentience: History, Science, And Politics, Andrew N. Rowan, Joyce M. D'Silva, Ian J.H. Duncan, Nicholas Palmer

Animal Sentience

This target article has three parts. The first briefly reviews the thinking about nonhuman animals’ sentience in the Western canon: what we might know about their capacity for feeling, leading up to Bentham’s famous question “can they suffer?” The second part sketches the modern development of animal welfare science and the role that animal-sentience considerations have played therein. The third part describes the launching, by Compassion in World Farming, of efforts to incorporate animal sentience language into public policy and regulations concerning human treatment of animals.

An Empirical Analysis Of Parental Involvement In Leisure Reading Development Of The Children, Zaheer Ahmad, Dr. Muhammad Shahid Soroya, Dr. Muhammad Tariq, Dr. Muhammad Shahzad Chaudhry

Library Philosophy and Practice (e-journal)

This study empirically analyses the parent’s reading involvement with their children. A quantitative study with the help of survey design was conducted. The population consisted of parents whose child were enrolled in 6^th to 8^th grades (middle school education) in private schools of Lahore, Pakistan. Findings of the research indicated that the majority of the parents used with both formats (print and electronic) to promote reading habits of their children. Newspapers/magazines and storybooks are among the most used types of material to develop reading habits. Findings also showed that most of the parents engage themselves only once in …

Annual Report Of The Registrar 2020/2021, University Of Northern Iowa

Institutional Effectiveness & Planning Documents

Contents:

--- Definitions
--- Some Comparisons
--- Annual Report Data
--- Summary of Attendance
--- Attendance by Session
--- Degrees Granted 2020/21
--- Degree Summary 2020/21
--- Program Certificates 2020/21
--- Miscellaneous Enrollment Information
--- Degrees Granted by College, Degree and Racial/Ethnic Classification

Spelling And Reading Novel Homophones: Testing The Value Of Lexical Distinctiveness, Jayde Homer

Arts & Sciences Graduate Student Theses and Dissertations

Lexical distinctiveness, according to which a written form represents one and only one morpheme, is a feature of some writing systems. For example, ‹bear› and ‹bare› are spelled differently in English. In two experiments, we asked whether readers and spellers of English benefit from distinctive spellings of homophones. In Experiment 1, university students listened to 40 passages, each containing a novel homophone (e.g., /kel/ used to mean a gossip-lover). In Experiment 2, participants read the passages. Half of the novel homophones were homographic (e.g., ‹kale›), and half were heterographic (e.g., ‹kail›). In both experiments, participants answered questions about the novel …

Explanatory Necropolitics: Physicians’ Perspectives On Compliance, Culture, And Competence In The Management Of Chronic Disease, Rithvik Ramesh

Senior Honors Papers / Undergraduate Theses

In this thesis, I explore physicians’ conceptions of culture in the management of chronic diseases like diabetes and hypertension. Physicians whom I interviewed deconstructed the challenges of compliance into coded components of knowing, wanting, and doing. This pattern creates a new form of adherent autonomy, which offers the freedom to choose as much as it surveils, expects, and moralizes “good” choices in the pursuit of good care. Consequently, adherent autonomy deprives patients of practical sovereignty and continues to objectify individuals in more indirect and ostensibly acceptable forms. While physicians’ definitions for culture ranged in scope and content, they prominently framed …

Iowa Journal Of Communication, Volume 53, Number 1, Fall 2021 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

The Image Of European Union Law In Bilateral Relations, Sharon Pardo, Lior Zemer

Vanderbilt Journal of Transnational Law

The impact of foreign law on the development of national laws has been analyzed and vindicated in numerous studies in comparative legal literature. These studies typically focus on the two most prominent legal systems--common law (the Anglo-American system) and civil law (the Continental system). The historical reasons for this are clear, emanating from the fact that the world's legal systems are based on these legal regimes and are amended in the spirit of changes made to them. Over the years, however, with the many effects of legal and economic globalization, legal systems have become a diverse mosaic which has appropriated …

Judicial Deference To Administrative Interpretation Of Statutes From A Comparative Perspective, Vincent Martenet

Vanderbilt Journal of Transnational Law

This Article examines, from a comparative perspective, how judicial deference to administrative interpretation of statutes takes place and whether it is constitutionally admissible. Since constitutions and statutes rarely deal expressly with this issue, courts may have to determine whether or not such deference is permitted, and, if so, whether generally or in certain cases only. The constitutional, legal, and judicial context prevailing in each country is particularly important in this regard. Nevertheless, it may provide courts with little, if any, guidance on the specific issue of deference to administrative statutory interpretation. In this respect, a nuanced approach along all or …

Compensation For Environmental Damage: Progressively Casting A Wider Net, But What’S The Catch?, M P Ram Mohan, Els R. Kini

Vanderbilt Journal of Transnational Law

In the case Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)–-Compensation Owed by The Republic of Nicaragua to The Republic of Costa Rica (the Costa Rica case), the International Court of Justice (ICJ) had to ascertain the compensation amount due by Nicaragua for the environmental damage it had caused to Costa Rica. This was the first time the ICJ was asked to weigh in and settle an environmental damage compensation claim between two states. After a concise introduction in Part I, this Article will first review the distinction between state responsibility for wrongful acts …

Keeping The Romance Alive (And Well): Sense Of Purpose As A Predictor Of Relationship Quality And Dissolution, Gabrielle N. Pfund

Arts & Sciences Graduate Student Theses and Dissertations

Sense of purpose, or the extent to which one feels that they have personally meaningful goals and a direction guiding them through life, has consistently predicted a variety of desirable well-being, health, and social outcomes. However, work has been limited with respect to evaluating it as a predictor and promoter of social relationships, especially romantic ones. With existing cross-sectional evidence showing sense of purpose is positively related to romantic relationship outcomes like commitment and satisfaction, the current study expanded on past findings by using longitudinal data to evaluate whether sense of purpose predicted relationship dissolution, change in relationship quality, and …

Assessing The Trade Agenda For Government Procurement In The Biden Administration, Christopher R. Yukins

GW Law Faculty Publications & Other Works

This paper, prepared shortly before President Joe Biden was inaugurated, discussed key trade issues for the incoming administration in public procurement. The piece reviewed major trade measures in procurement taken during the Trump administration – most of which were predictable from the time Trump was elected. The paper turned to the major trade challenges that faced the Biden administration, in areas as diverse as climate change, cybersecurity and the protectionism in post-Brexit Europe, and then assessed how the Biden administration might address these challenges, especially given Joe Biden’s support for “Buy American” policies during the 2020 campaign. The paper also …

Privacy Harms, Daniel J. Solove, Danielle Keats Citron

GW Law Faculty Publications & Other Works

Privacy harms have become one of the largest impediments in privacy law enforcement. In most tort and contract cases, plaintiffs must establish that they have been harmed. Even when legislation does not require it, courts have taken it upon themselves to add a harm element. Harm is also a requirement to establish standing in federal court. In Spokeo v. Robins, the U.S. Supreme Court has held that courts can override Congress’s judgments about what harm should be cognizable and dismiss cases brought for privacy statute violations.

The caselaw is an inconsistent, incoherent jumble, with no guiding principles. Countless privacy violations …

Breaking Down The Silos That Harm Children: A Call To Child Welfare, Domestic Violence And Family Court Professionals, Joan S. Meier, Vivek Sankaran

GW Law Faculty Publications & Other Works

The intersection of domestic violence and child maltreatment has been the subject of research and reform efforts focused on the need to integrate a better understanding of domestic violence into child welfare system practice. But a similar effort at integration of domestic violence and child maltreatment concerns has never been directed at family courts adjudicating private custody litigation. And while such courts’ responses to domestic violence have been analyzed and discussed extensively in the literature, legal discussions of custody courts’ responses to child maltreatment are few and far between. At the same time, there has been an explosion of traumatic …

Habeas, History, And Hermeneutics, Jonathan R. Siegel

GW Law Faculty Publications & Other Works

Supreme Court Justices Clarence Thomas and Neil Gorsuch recently proposed a radical shrinking of federal habeas corpus relief for state prisoners who are in custody pursuant to a final judgment of criminal conviction. They called for a return to the supposedly traditional principle that federal courts cannot grant habeas relief to such prisoners unless the state court that sentenced them lacked jurisdiction. This Article explains that (1) this supposedly traditional principle was not, in fact, a traditional principle of habeas, and (2) even if it were, Congress has displaced it by statute. Exploring the errors in the Justices’ arguments provides …

The Resilience Of Substantive Rights And The False Hope Of Procedural Rights: The Case Of The Second Amendment And The Seventh Amendment, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

At first glance, there seem to be strong affinities between the Second Amendment and the Seventh Amendment. Both the right to keep and bear arms and the right to civil jury trial potentially empower ordinary citizens. Both could check elites.

But there are crucial differences between these rights. I focus on two of them here. The first is relatively straightforward; it concerns individual accountability—or the lack thereof—and the ability to understand responsibilities. Gun owners and users generally have individual responsibility for their actions, and the ability to understand their responsibilities. In contrast, by design civil jurors lack individual responsibility. And …

Human Impact On The Environment: A Middle School Project Based Learning Unit Development, Shannon Power

Graduate Research Papers

I chose to focus my creative component on the development and implementation of a Next Generation Science Standards (NGSS) aligned earth science unit for an 8th grade science course taught using Project Based Learning (PBL) and graded using Standards Referenced Grading (SRG) philosophies and a proficiency scale. The unit focused on the Performance Expectation MS-ESS3-3: Apply scientific principles to design a method for monitoring and minimizing a human impact on the environment (NGSS, 2013e). This standard includes the Science and Engineering Practice (SEP) of constructing explanations and designing solutions, a Cross Cutting Concept (CCC) of cause and effect, and a …

Examining Diversity In The Iowa Goldfinch Award, Jill M. Doyle

Graduate Research Papers

The purpose of this quantitative content analysis was to evaluate the race/ethnicity of the main characters and authors in the picture books on the 2015-16 and 2020-21 Iowa Goldfinch Award lists, a student-nominated book list. The books were evaluated using coding that was adapted from earlier research. Then the statistics were compared to ascertain whether the portrayal of diverse cultures changed. Results indicated that the diversity of both the main characters and the authors increased by 25%, to include races other than White. The number of White main characters decreased from 6 to 3, while non-human characters decreased from 15 …

The Sg's Indefensible Advantage: A Comment On The Loudest Voice At The Supreme Court, Lincoln Caplan

Vanderbilt Law Review

No abstract provided.

Trading Pharma Goods The Wto Legal Framework, Neeraj Rajan Sabitha, Petros C. Mavroidis

Vanderbilt Law Review

No abstract provided.

Deciding Not To Decide: Mahanoy Area School District V. B.L. And The Supreme Court's Ambivalence Towards Student Speech Rights, Jenny Diamond Cheng

Vanderbilt Law Review

No abstract provided.

Large Scale Subject Category Classification Of Scholarly Papers With Deep Attentive Neural Networks, Bharath Kandimalla, Shaurya Rohatgi, Jian Wu, C. Lee Giles

Computer Science Faculty Publications

Subject categories of scholarly papers generally refer to the knowledge domain(s) to which the papers belong, examples being computer science or physics. Subject category classification is a prerequisite for bibliometric studies, organizing scientific publications for domain knowledge extraction, and facilitating faceted searches for digital library search engines. Unfortunately, many academic papers do not have such information as part of their metadata. Most existing methods for solving this task focus on unsupervised learning that often relies on citation networks. However, a complete list of papers citing the current paper may not be readily available. In particular, new papers that have few …

Campus-Wide Student Learning Assessment Campus Student Learning Outcomes Academic Year 2020-2021, University Of Minnesota-Morris

Institutional Effectiveness and Research Reports

No abstract provided.

Common Data Set, 2020-2021, University Of Minnesota, Morris Office Of Institutional Research

Institutional Effectiveness and Research Reports

No abstract provided.

Scrutinizing The Role Of Ambipolar Units In The Donor-Acceptor Framework, Trent Eugene Anderson

Chemistry and Biochemistry

Conjugated polymers (CPs) are a class of materials that contradict what is commonly considered when people hear the terms plastics and electronics. While these two phrases are generally considered exclusive, CPs combine the optical and electronic properties of inorganic materials and the flexibility and processability of traditional organic polymers and plastics. Research into CPs has resulted in an improved understanding of these compounds, leading to its application in the form of organic photovoltaics, organic light-emitting diodes, sensors, electrochromics, and field effects transistors. During this time, a number of models were developed for designing these polymers with desired characteristics, with the …

Sneakers, Corporate Attitudes, And The Black Lives Matter Movement: An Interview With Sneaker Expert Sean Williams, Travis D. Boyce

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Expanding The Narrative: ‘Fashion, Style, Aesthetics And #Blacklivesmatter’, Travis D. Boyce, Lisa D. Lenoir, Winsome M. Chunnu

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

‘We, Too, Share Their Heritage And Culture’: An Interview With Corin Lindsay, Co-Founder Of Corin Demarco, Travis D. Boyce

Faculty Research, Scholarly, and Creative Activity

No abstract provided.