Digital Commons Network^™

Lowering The Stakes Of The Employment Contract, Aditi Bagchi

Faculty Scholarship

Every country has to make hard choices about the distribution of entitlements. But employers control the entitlements that individual Americans enjoy to a far greater extent than those in other rich democracies. In this Essay, I argue that, in the absence of the political consensus necessary to deliver state solutions to political questions, employers here are assigned an exaggerated role in employees’ lives. Government incentives for and directives to employers have become a strategy of political deflection. The effect has been to raise the stakes of employment well beyond the scope of those terms and conditions that relate to attracting …

Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

No abstract provided.

Countering Gerrymandered Courts, Jed H. Shugerman

Faculty Scholarship

The key insight in Professor Miriam Seifter’s outstanding article Countermajoritarian Legislatures is that state legislatures are usually antidemocratic due to partisan gerrymandering, whereas state governors and judiciaries are insulated from gerrymandering by statewide elections (or selection), and thus they should have a more prominent role in framing election law and in enforcing the separation of powers.

This Piece offers a friendly amendment: These observations are true, so long as states do not gerrymander their state supreme courts into antidemocratic districts. The problem is that historically, judicial elections emerged generally as districted elections, and often with regional and partisan politics shaping …

Platform Realism, Informational Inequality, And Section 230 Reform, Olivier Sylvain

Faculty Scholarship

Online companies bear few duties under law to tend to the discrimination that they facilitate or the disinformation that they deliver. Consumers and members of historically marginalized groups are accordingly the likeliest to be harmed. These companies should bear the same, if not more, responsibility to guard against such inequalities.

Rescinding Rights, Joseph Landau

Faculty Scholarship

No abstract provided.

Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard Schragger

Faculty Scholarship

This Article explains and defends the National League of Cities’ Principles of Home Rule for the 21st Century, which the authors participated in drafting. The Principles project both articulates a vision of state-local relations appropriate to an urban age and, as with previous efforts stretching back to the Progressive Era, includes a model constitutional home rule article designed to serve as the foundation for state-level constitutional law reform. This Article explains the origins of the Principles, outlines the major components of its model constitutional provision, and defends the model against a set of criticisms common to this and past home-rule …

Retrospective Risk Allocation, Aditi Bagchi

Faculty Scholarship

No abstract provided.

Derailing The Deference Lockstep, Aaron J. Saiger

Faculty Scholarship

Key voices, most prominently that of Justice Neil Gorsuch, have embraced the position that the Chevron doctrine, under which federal courts defer to an agency’s reasonable interpretation of its organizing statutes, is incompatible with the judicial duty to “say what the law is.” These voices include several state supreme courts, which have held (often citing Justice Gorsuch) that state-court deference to state agency interpretations likewise impinges upon the fundamental duty of state judges to decide, on their own, what state law is.

This Article urges states to resist the uncritical importation into state law of antideference arguments based on the …

The Dilemma Of Liberal Pluralism, Abner S. Greene

Faculty Scholarship

Supporters of reproductive rights and of queer rights may sometimes live in harmony with advocates for religious exemptions. But sometimes these goals conflict. This Article explores this tension as a matter of liberal democratic theory and U.S. constitutional law, offering a case for seeing a robust pluralism as contained within a proper understanding of the liberal democratic state. The state’s claimed authority may be the starting point, but just as the modern state was born in decentralized religious toleration, so should the modern state accommodate religious and other views of the good that compete with the state’s own views. The …

‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Laynie Soloman, Russell G. Pearce

Faculty Scholarship

The role and function of “halakha” (Jewish law) in Jewish communal life is a divisive issue: while Orthodox Jews tend to embrace Jewish law, non-Orthodox Jews (here deemed “Heterodox”) generally reject Jewish law and halakhic discourse. We will explore the way in which Robert Cover’s work offers an antidote to categorical Heterodox distaste for halakha specifically, and law more broadly, providing a pathway into an articulation of halakha that may speak to Heterodox Jews specifically: one that is driven by creative “jurisgenerative” potential, that is informed by a paideic pluralism, and that is fundamentally democratic in its commitment to being …

Discussions In Dispute Resolution: The Foundational Articles, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

The Restatement Of The Law, Children And The Law: A Blueprint For Reforming The Child Welfare System, Clare Huntington

Faculty Scholarship

As part of the special issue on the foster care system, this essay challenges the assumption that all the children who are in foster care should be in foster care. The essay first describes the familiar—and still persuasive—argument that foster care does not serve the interests of most children and families. It then brings a new lens to bear on this argument by describing the work of the American Law Institute's Restatement of the Law, Children and the Law, which provides a blueprint for shrinking the child welfare system and promoting child well-being.

Negotiating Status: Pro Bono Partners And Counsels In Large Law Firms, Atinuke O. Adediran

Faculty Scholarship

Law firm pro bono work provides access to justice to low-income people and other vulnerable populations. The professionals that manage pro bono programs are at the forefront of that process. The limited available research on these professionals do not often distinguish lawyers from other managers or theorize about their status vis-à-vis other law firm lawyers. Yet the status of lawyers who are also managers of pro bono programs influences both their identities and the management and provision of legal services and advocacy. Drawing on original demographic and interview data, this article shows how law firm pro bono partners and counsels …

A World Without Roe: The Constitutional Future Of Unwanted Pregnancy, Julie C. Suk

Faculty Scholarship

With the demise of Roe v. Wade, the survival of abortion access in America will depend on new legal paths. In the same moment that Dobbs v. Jackson Women’s Health Organization has constrained access to abortion in the United States, other constitutional democracies have moved in the opposite direction, expanding access to safe, legal, and free abortions. They have done so without reasoning from Roe’s vision of the private zone of unwanted pregnancy. The development of abortion law outside the United States provides critical insights that can inform future efforts to vindicate the constitutional rights of women facing unwanted pregnancies. …

The Bi-Partisan Enabling Of Presidential Power: A Review Of David Driesen's 'Specter Of Dictatorship: Judicial Enabling Of Presidential Power, Jed H. Shugerman

Faculty Scholarship

No abstract provided.

Law And The Moral Dynamics Of Collective Action, Aditi Bagchi

Faculty Scholarship

Many moral demands on social groups cannot be met without cooperation among group members. In some cases, individual action does not advance the collective moral interest at all without some threshold level of cooperation by other group members. Is an individual required to act as if others will cooperate even if she knows that they will not? This Article argues that individuals may take into account the reality of pervasive noncooperation and decline to attempt cooperation. Only ex ante mandatory rules can solve moral collective action problems. In a political community, those rules are public law. The most compelling argument …

Principles Of Home Rule For The 21st Century, Nestor M. Davidson

Faculty Scholarship

This has been excerpted and adapted from the National League of Cities Principles of Home Rule for the 21st Century report. Read the full report at: https://www.nlc.org/wp-content/uploads/2020/02/Home-Rule-Principles-Rep ortWEB-2-1.pdf.

Rural Stem Teachers: An Oasis In The Desert, Ryan G. Zonnefeld, Valorie L. Zonnefeld

Faculty Work Comprehensive List

Teacher preparation programs for STEM education should prepare teachers for all settings, including rural schools. Students across geographic locales show equal interest in STEM fields, but rural students often lack access to highly qualified STEM teachers. UNESCO (2014) notes that the disparity in education between rural and urban schools is a concern of many countries. In the United States, the National Center for Educational Statistics confirms that twenty percent of students are educated in rural schools and the STEM teachers in these schools are often the only STEM expert. These teachers become backbone teachers that set the foundation and direction …

It Is Time To Define An Organizational Model For The Prevention And Management Of Infections Along The Surgical Pathway: A Worldwide Cross-Sectional Survey, Massimo Sartellli, John E. Mazuski, Et Al.

2020-Current year OA Pubs

No abstract provided.

Social Contagion's Impact On Decision-Making Among Millennial Parents Seeking A Christian School, Laura Alysson Farien

Doctoral Dissertations and Projects

Connections in a social network influence people in both positive and negative ways (Christakis & Fowler, 2009), and this study describes how connections in a virtual network affect school choice decision-making in a market heavily saturated with school choice options. This is a qualitative ethnographic study of millennial parents who experience social contagion across online platforms. Participants have at least one child enrolled in a private school in Shelby County, Tennessee. Social contagion is what flows between participants in a social network and influences decision-making (Christakis & Fowler). This study examined influence as the specific social contagion impacting school choice …

The Moderating Effect Of Internet Pornography Use Within The Past Month On The Relationship Between Experiences Of Shame To Perceived Addiction To Pornography, Catherine Ann Peters

Doctoral Dissertations and Projects

Shame and guilt have been the topic of numerous research studies, particularly in differentiating the emotional outcomes of these two constructs. Shame experiences have been more associated with depression, overwhelming negative affect, aggression, anger, withdrawal, avoidance and blaming others. Guilt tends to produce healthy responses such as reparations for poor behavior or choices. Research abounds on the concept of self-perceived addiction to pornography, particularly with individuals who have firm religious or moral beliefs regarding pornography (moral incongruence). However, research addressing the direct effect of experiences of shame (shame feelings in the moment) on its relationship to perceived addiction to pornography …

Using The “Teach-Back” Education Method With Type Ii Diabetic Patients And Health Literacy: An Integrative Review, Sonia Romero

Doctoral Dissertations and Projects

Effective communication provides healthcare providers and patients an opportunity to address issues or concerns. Effective communication is linked to improving patient outcomes. Patients with low health literacy are unable to understand, read, comprehend, or discuss the information provided by their healthcare providers. Poor health literacy directly affects disease management and leads to poor patient outcomes. The increase rate of obesity worldwide has quadrupled, the unhealthy lifestyle is one of the risk factors causing adults to develop Type II Diabetes Mellitus (T2DM). T2DM is a condition in where the pancreas does not produce sufficient insulin to absorb the glucose consumed. T2DM …

A Model For Identifying, Developing, And Installing Elders In The Church: The Path Family Church Has Taken, Stephen Harrison

Doctoral Dissertations and Projects

The problem is that Family Church does not identify, develop, and install their potential elders well. This intervention research project addressed this problem by establishing prerequisites for elder identification, a seven-week elder training workbook, and guidelines for installation after the research project. Current elders at Family Church completed a questionnaire, participated in case studies, and evaluated their intervention project in a focus group to establish an effective method of identifying, developing, and installing potential elders. This intervention research project produced a list of prerequisites for identifying potential elders, a seven-week elder training manual, and clear guidelines for ordaining elders at …

Developing Strategies To Improve Collaboration Between Special Education Teachers And Paraprofessionals: An Applied Study, Brianna Noel Wilbanks

Doctoral Dissertations and Projects

The purpose of this applied study is to find ways to increase collaboration between teachers and paraprofessionals in Title I, K-2 schools, and to find strategies to best train teachers and paraprofessionals to address this problem. This research study seeks to answer the following questions: Central Question: How can the problem of lack of collaboration between special education teachers and paraprofessionals be solved at Mountain Elementary School (a pseudonym) in North Georgia? To answer this question, interviews, focus groups, and a survey were used to collect data. Next, the data were transcribed and analyzed for themes. Finally, based on this …

Improving Transition Services For Students With Intellectual Disability At Giles County High School, Catherine Claire Paul

Doctoral Dissertations and Projects

The purpose of this project was to improve transition services available to high school students with intellectual disabilities in Giles County, Tennessee. The problem was there is a lack of consistent transition planning in Giles County, Tennessee. The central research question was, “How can transition services for students with intellectual disabilities be improved at Giles County High School in Giles County, Tennessee?” This project was conducted through interviews with administrators and educators, surveys of parents, and a document analysis of available information in Giles County for transition services. The information was then coded and analyzed for a mixed-methods research design. …

Which Transportation Technologies Do We Want?, Michael Lewyn

Scholarly Works

A review of Todd Litman's book, New Mobilities- Smart Planning for Emerging Transportation Technologies

Land Costs And New Housing, Michael Lewyn

Scholarly Works

Restrictive zoning limits housing supply, which (according to the law of supply and demand) increases housing costs. But some commentators argue that more permissive zoning would actually increase housing costs by increasing land costs. This article points out that if the latter claim was true, land costs would have risen in places that allowed lots of new housing and fallen in more restrictive regions such as San Francisco. In fact, land costs increased in both types of metro areas. More importantly, overall housing costs increased more rapidly in more restrictive metros.

Intentional Discrimination And Haredi Jews, Michael Lewyn

Scholarly Works

No abstract provided.

Knowledge And Attitudes Of Cypriots On Melanoma Prevention: Is There A Public Health Concern?, Demetra Kyprianou, Iris Charalambidou, Oluwaseun Famojuro, Hongmei Wang, Dejun Su, Evi A. Farazi

Journal Articles: Epidemiology

BACKGROUND: Melanoma is the deadliest type of skin cancer. It is the eighth most common cancer in males and the tenth in females in Cyprus, an island in the Mediterranean with a high ultraviolet (UV) index. Cyprus is expected to be strongly affected by climate change and consequently, melanoma will likely become an increasing public health problem. Melanoma prevention is possible; however, it is unknown if people living in Cyprus are aware of melanoma and prevention methods. To this end, we used a validated survey to evaluate the level of melanoma knowledge and factors associated with it in the Cypriot …

Fielding Vaccines-Challenges And Opportunities In Outbreaks, Complex Emergencies, And Mass Gatherings, Laura J. Fischer, Robert C. Rains, Sherry M. Brett-Major, Mikiko Senga, Debra Holden, David Brett-Major

Journal Articles: Epidemiology

With the recent COVID-19 pandemic, the importance of vaccine development, distribution, and uptake has come to the forefront of the public eye. Effectively fielding vaccines during an emergency-whether that emergency is a result of an infectious disease or not-requires an understanding of usual vaccine-related processes; the impact of outbreak, complex emergencies, mass gatherings, and other events on patients, communities, and health systems; and ways in which diverse resources can be applied to successfully achieve needed vaccine uptake. In this review, both the emergency setting and briefly vaccine product design are discussed in these contexts in order to provide a concise …