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Federalism As Legal Pluralism, Erin Ryan Jan 2020

Federalism As Legal Pluralism, Erin Ryan

Scholarly Publications

This chapter uses the dynamic federalism model of constitutional dual sovereignty as an analytic window into the larger legal pluralism discourse that has emerged in recent decades. Legal pluralism explores the significance of the multiple sources of legal authority and identity with which individuals simultaneously engage. These overlapping sources of normative authority range from local, national, and international institutions of government to private sources of “quasi-legal” norms generated by tribal, religious, commercial, professional, or other associations. Scholarly advocates of legal pluralism challenge the tradition of legal monism—so entrenched that its presumptions often go unnoticed—which views legitimate legal authority as deriving …


The Value Driven Pharmacist: Basics Of Access, Cost, And Quality 2nd Edition, Carriann Smith, Annette Mcfarland, Chad Knoderer, Joseph Jordan, Trish Devine, Jessica Wilhoite Jan 2020

The Value Driven Pharmacist: Basics Of Access, Cost, And Quality 2nd Edition, Carriann Smith, Annette Mcfarland, Chad Knoderer, Joseph Jordan, Trish Devine, Jessica Wilhoite

Butler University Books

No abstract provided.


Studying The Longest ‘Legal’ U.S. Same-Sex Couples: A Case Of Lessons Learned, Esther D. Rothblum, Kimberly F. Basalm, Ellen D. B. Riggle, Sharon S. Rostosky, Robert E. Wickham Jan 2020

Studying The Longest ‘Legal’ U.S. Same-Sex Couples: A Case Of Lessons Learned, Esther D. Rothblum, Kimberly F. Basalm, Ellen D. B. Riggle, Sharon S. Rostosky, Robert E. Wickham

Political Science Faculty Publications

We review methodological opportunities and lessons learned in conducting a longitudinal, prospective study of same-sex couples with civil unions, recruited from a population-based sample, who were compared with same-sex couples in their friendship circle who did not have civil unions, and heterosexual married siblings and their spouse. At Time 1 (2002), Vermont was the only US state to provide legal recognition similar to marriage to same-sex couples; couples came from other US states and other countries to obtain a civil union. At Time 2 (2005), only one US state had legalized same-sex marriage, and at Time 3 (2013) about half …


Latinx – African American Relations: Understanding The Perceptions Of Faculty, Administrators And Students In Two College Campuses, Nadarajan Sethuraju, Luis A. Posas Jan 2020

Latinx – African American Relations: Understanding The Perceptions Of Faculty, Administrators And Students In Two College Campuses, Nadarajan Sethuraju, Luis A. Posas

Sociology Department Publications

This study examines the relationship between Latinxs and African Americans in two mid-size colleges located in the southwestern region of the United States. An empirical study was conducted including students, faculty, and administrators using a survey as the main methodological technique. Guided by the group position model advocated by Herber Blumer, this study found evidence for the prevalence of intra-group associations and group competition for access to resources. In this regard, the study documents the existing perception that African Americans have better access to resources in the two college campuses which supports the zero-sum hypothesis favoring members of this group. …


Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller Jan 2020

Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller

Western New England Law Review

How should judges decide the cases presented to them? In our system the answer is, “according to law,” as opposed to the judges’ preferred outcomes. But for at least a century, skeptics have cast doubt on whether adjudication under law is possible. Judge Richard Posner, now retired from the U.S. Court of Appeals for the Seventh Circuit, has, for example, argued that the indeterminacy of legal argument and the influence of judges’ predispositions show that it is not. Judge Posner thus recommends that judges give up on the rule of law in contested cases and instead candidly base their decisions …


Constitutional Law—Original Explication: A Democratic Model For The Interpretation Of Modern State Constitutions, Jorge M. Farinacci-Fernós Jan 2020

Constitutional Law—Original Explication: A Democratic Model For The Interpretation Of Modern State Constitutions, Jorge M. Farinacci-Fernós

Western New England Law Review

Most discussions about methods of constitutional interpretation in the United States are limited to the federal Constitution and mostly center on that document’s open-ended clauses, its secret drafting history, the unreliability of the records of its creation, and its seemingly anachronistic nature, among other characteristics that seem unique to it. This federal-centric approach has overlooked the important differences between the U.S. Constitution and many state constitutions adopted in more recent times.

Unlike their federal counterpart, several state constitutions contain substantive policy provisions and were drafted through highly democratic, public, participatory, and popular creation processes. As a result, a different interpretive …


“Nasty” Woman And “Very Happy Young Girl”: The Political Culture Of Women In Donald Trump’S America, John Baick Jan 2020

“Nasty” Woman And “Very Happy Young Girl”: The Political Culture Of Women In Donald Trump’S America, John Baick

Western New England Law Review

Discussions of gender and politics in the present day must include a consideration of the charged atmosphere of our political culture. Americans were embroiled in culture wars for much of the twentieth century—conflicts that included the right of women to vote, the civil rights of African Americans and other minority groups, and the meaning of sexuality. New debates have been added in the last few years—many of which center on gender, sexuality, and race. The culture wars have reached a fevered peak with the election and administration of Donald Trump. Yet Trump himself does not represent a new front in …


Exploring Crisis Communication And Information Dissemination On Social Media: Social Network Analysis Of Hurricane Irma Tweets, Xianlin Jin Jan 2020

Exploring Crisis Communication And Information Dissemination On Social Media: Social Network Analysis Of Hurricane Irma Tweets, Xianlin Jin

Communication Graduate Research

This study utilized social network analysis to identify the top 10 Twitter influentials during the Hurricane Irma crisis period and examined the relationship between social media attributes and the bridge influence of controlling information flow. The number of a user’s followers and tweets significantly predicted one’s control of information. Crisis information tended to be shared in scattered subgroups. Social network boundaries impeded information diffusion, and the communication pattern was largely one-way. The findings partially supported the opinion leader argument while indicating that influentials can directly generate information, which is consistent with the social-mediated crisis communication model. Such findings will contribute …


Crowding Out Theory: Protecting Shareholders By Balancing Executives’ Incentives In France, The United States, & China, Palden Flynn Jan 2020

Crowding Out Theory: Protecting Shareholders By Balancing Executives’ Incentives In France, The United States, & China, Palden Flynn

Northwestern Journal of International Law & Business

This paper explores the differences between executive compensation regimes in France, the United States, and China. It asks whether there is a link between state regulation of real options as a form of executive compensation and state regulation of shareholder protections. This paper argues that if a country regulates the use of real options as compensation, then that country is also more likely to have strong shareholder protection laws. This argument seems to be true based on a descriptive review of executive compensation law and shareholder protections in France, the United States, and China.

If it is true that countries …


Constitutional Law—Supervising Consumption: The Argument For Supervised Injection Facilities As A Valid Exercise Of States’ Police Power, Jennifer H. Diggles Jan 2020

Constitutional Law—Supervising Consumption: The Argument For Supervised Injection Facilities As A Valid Exercise Of States’ Police Power, Jennifer H. Diggles

Western New England Law Review

From medically assisted treatment to syringe exchange programs, the harm reduction movement has emerged as an evidence-based practice in response to the growing opioid epidemic. The supervised injection facility is a harm reduction measure that has proven effective in reducing overdose deaths and the spread of infectious diseases. Various countries around the world have initiated these programs and realized the benefits, and several states in the U.S. have proposed legislation to allow for such facilities as part of a broader approach to the opioid problem. Potential implementation of these facilities, however, is challenged on the basis that they would violate …


Migration Through The Mirror: Mexican Women’S Perspectives Of What It Means For Them When Mexicans Move North: A Binational Conversation (Book), Roberto Rosas Jan 2020

Migration Through The Mirror: Mexican Women’S Perspectives Of What It Means For Them When Mexicans Move North: A Binational Conversation (Book), Roberto Rosas

Faculty Articles

The content of the themes discussed during the binational conversation, “Mexican Women, their empowerment and contribution to the United States,” led to the publication of this book by the members of the Center for Mexicans in Globalization and St. Mary’s University School of Law. The binational conversation is an important exercise regarding the analysis of the theme of migration.  The goal is to highlight the fundamental role of each woman who participated, whose involvement regarding the diverse themes and the sharing of personal experiences contributes to the enrichment of the subject.


Chemical Test Discovery In Civil And Criminal Cases: A Primer, Indiana Continuing Legal Education Forum (Iclef) Jan 2020

Chemical Test Discovery In Civil And Criminal Cases: A Primer, Indiana Continuing Legal Education Forum (Iclef)

Indiana Continuing Legal Education Forum 2020

Meeting proceedings of a seminar by the same name, presented by Janine Arvizu, held October 9, 2020.


Us-County Level Variation In Intersecting Individual, Household And Community Characteristics Relevant To Covid-19 And Planning An Equitable Response: A Cross-Sectional Analysis, Taylor Chin, Rebecca Kahn, Ruoran Li, Jarvis T. Chen, Nancy Krieger, Caroline O. Buckee, Satchit Balsari, Mathew V. Kiang Jan 2020

Us-County Level Variation In Intersecting Individual, Household And Community Characteristics Relevant To Covid-19 And Planning An Equitable Response: A Cross-Sectional Analysis, Taylor Chin, Rebecca Kahn, Ruoran Li, Jarvis T. Chen, Nancy Krieger, Caroline O. Buckee, Satchit Balsari, Mathew V. Kiang

All publications

Objectives: To illustrate the intersections of, and intercounty variation in, individual, household and community factors that influence the impact of COVID-19 on US counties and their ability to respond.

Design: We identified key individual, household and community characteristics influencing COVID-19 risks of infection and survival, guided by international experiences and consideration of epidemiological parameters of importance. Using publicly available data, we developed an open-access online tool that allows county-specific querying and mapping of risk factors. As an illustrative example, we assess the pairwise intersections of age (individual level), poverty (household level) and prevalence of group homes (community-level) in US counties. …


Guide To The Helen Walker Hill Collection, Columbia College Chicago Jan 2020

Guide To The Helen Walker Hill Collection, Columbia College Chicago

CBMR Collection Guides / Finding Aids

The Helen Walker-Hill Collection is composed of musical compositions by black women composers throughout the United States and England. This collection was compiled by pianist and musicologist, Dr. Helen Walker-Hill. Duplicates and/or originals also held at University of Colorado at Boulder American Music Research Center.


Guide To The Edmund Thornton Jenkins Collection, Columbia College Chicago Jan 2020

Guide To The Edmund Thornton Jenkins Collection, Columbia College Chicago

CBMR Collection Guides / Finding Aids

Edmund Thornton Jenkins was a composer, music publisher, and musician. The collection contains manuscripts of his musical compositions, printed music of his compositions published at his own press in Paris, France, and biographical information. Also included are clippings and a program (1940) concerning his sister, Mildred Jenkins Haughton, and sheet music (1917–1937 and undated) belonging to her.


Online Availability Of Fish Antibiotics And Documented Intent For Self-Medication, Weiwei Zhang, Austin Williams, Nicole Griffith, Jessica Gaskins, P Brandon Bookstaver Jan 2020

Online Availability Of Fish Antibiotics And Documented Intent For Self-Medication, Weiwei Zhang, Austin Williams, Nicole Griffith, Jessica Gaskins, P Brandon Bookstaver

Faculty Publications

Self-medication and antibiotic utilization without healthcare oversight may lead to delayed appropriate treatment, transmission of communicable infections, untoward adverse events, and contribute to antimicrobial resistance. Previous data suggest people obtain over-the-counter (OTC) animal antibiotics for their personal use. This study examined the availability of OTC fish antibiotics online and the documented intent for self-medication. The authors conducted a web-based cross-sectional study using Google search engine to identify vendor websites selling fish antibiotics in the United States. Vendor websites were included if product information, consumer reviews, and comments were publicly available. Nine fish antibiotics were chosen due to their possibility of …


Droughtscape, Winter 2019, Cory Matteson Jan 2020

Droughtscape, Winter 2019, Cory Matteson

DroughtScape: Quarterly Newsletter of the National Drought Mitigation Center (2007–2023)

Contents

From the Director

4th quarter climate summary

2019 year in review summary

4th quarter drought impact summary

2019 drought impact summary

New form helps ‘see more’ drought

Landscape photographers invited to submit photos

Helping Central and South America planning

Database includes more drought planning


Articles Of Agreement Of The International Monetary Fund, International Monetary Fund (Imf) Jan 2020

Articles Of Agreement Of The International Monetary Fund, International Monetary Fund (Imf)

Documents

No abstract provided.


Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald Jan 2020

Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald

Touro Law Review

No abstract provided.


The Role Of The Chinese Communist Party In The Covid-19 Crisis, Matthew Farrell Jan 2020

The Role Of The Chinese Communist Party In The Covid-19 Crisis, Matthew Farrell

Management Faculty Publications

The Chinese Communist Party (CCP) has received plaudits from international press and organizations for their handling of the COVID-19 crisis, with some describing it as a win for China in terms of propaganda. In this essay, I explore an alternative view: That the CCP is responsible for the origin and extent of the pandemic, and that much of their perceived altruism is carefully disguised opportunism and propaganda. Facts are drawn from scholarly work and the popular press to support my arguments. This essay carries strong implications for interpretation of recent events.


Populism: An Exploration Into The American Case Through The Academic Literature, Data Analysis, And Fiction, Maxwell Knowles Jan 2020

Populism: An Exploration Into The American Case Through The Academic Literature, Data Analysis, And Fiction, Maxwell Knowles

CMC Senior Theses

The twenty-first century has seen a rise in populist leadership and rhetoric throughout the globe, with the United States standing as one powerful case. This thesis hopes to develop the “story” of populism from multiple perspectives, attempting to not only inform but change the way we approach the populist movement in America, and perhaps, the world. In Part I, I summarize and blend much of the core literature written on populism and economic change, developing the story that populism in America today has its roots in the significant techno-economic and cultural paradigmatic shifts of the 1970s. Social media and an …


An Exploration Of Gender And National Security Through The Integration Of Women Into Military Roles, Alexine D. Carr Jan 2020

An Exploration Of Gender And National Security Through The Integration Of Women Into Military Roles, Alexine D. Carr

Pepperdine Policy Review

This paper stems from curiosity as to whether there are differences in the outcomes or abilities of militaries to function effectively when females are included. Notions of high-stakes warfare, the physiology of both genders, tradition, and a culture built upon hypermasculine ideals deserve consideration within the context of both 21 st -century feminist thought and overall fighting aptitude. In the pages that follow, the militaries of the United States, Israel, and Sweden are examined to 1) determine what women specifically contribute within a military setting, and 2) argue that integration aligns with priorities of both feminism and national security. Specifically, …


The Evolution Of Substantive Due Process Throughout Time, Vitoria Olivo Factor Jan 2020

The Evolution Of Substantive Due Process Throughout Time, Vitoria Olivo Factor

Honors Undergraduate Theses

Substantive due process has been of great importance to the decision of many Supreme Court cases since its beginning. Since its inception in Lochner v. New York,[1] the Supreme Court has used the theory of substantive due process in order to grant numerous rights to individuals and this theory has been interpreted differently by each Justice that has crossed its path.

This thesis will explain how recent changes in the composition of the United States Supreme Court make it likely that judicial opinions involving substantive due process will be decided differently. The United States Supreme Court’s future substantive …


Know Before You Play: Associations Between Race, Education, And Hiv Susceptibility, Anfa Mohamed Diiriye Jan 2020

Know Before You Play: Associations Between Race, Education, And Hiv Susceptibility, Anfa Mohamed Diiriye

All Graduate Theses, Dissertations, and Other Capstone Projects

Black women are disproportionately affected by HIV in the United States. This paper analyzes the associations between race, education, and HIV susceptibility, furthering previous research to understand if educational attainment reduces HIV susceptibility and if reduction patterns are similar for Black and White women. The CDC’s National Survey of Family Growth 2015-2017 was used to analyze associations using binary logistic and multiple regression models. HIV susceptibility was operationalized through four measures: condom use, having a partner with concurrent sexual relationships, having had an STD, and age at first sex. Black women were not found to be significantly more susceptible to …


Municipal Liquidity Facility Form Documents And Certifications, Federal Reserve System: Federal Reserve Bank Of New York Jan 2020

Municipal Liquidity Facility Form Documents And Certifications, Federal Reserve System: Federal Reserve Bank Of New York

Documents

No abstract provided.


Fannie Mae And Freddie Mac: What Happens When The Time-Out Is Over?, Sabrina Gardner Jan 2020

Fannie Mae And Freddie Mac: What Happens When The Time-Out Is Over?, Sabrina Gardner

Documents

No abstract provided.


Title 12: Banks And Banking, Section 1843, United States: Government Publishing Office (Gpo) Jan 2020

Title 12: Banks And Banking, Section 1843, United States: Government Publishing Office (Gpo)

Documents

No abstract provided.


Moodys Chronology Prepared By Eric Kolchinsky, Ilya Eric Kolchinsky Jan 2020

Moodys Chronology Prepared By Eric Kolchinsky, Ilya Eric Kolchinsky

Documents

No abstract provided.


In The Matter Of Citigroup Inc And Citifinancial Credit Company Order To Cease And Desist And Order Of Assessment Of A Civil Money Penalty Issued Upon Consent, Federal Reserve System: Board Of Governors Jan 2020

In The Matter Of Citigroup Inc And Citifinancial Credit Company Order To Cease And Desist And Order Of Assessment Of A Civil Money Penalty Issued Upon Consent, Federal Reserve System: Board Of Governors

Documents

No abstract provided.


Fdic Risk Management Manual Of Examination Policies – Sec. 3.6 – Other Real Estate, United States: Federal Deposit Insurance Corporation (Fdic) Jan 2020

Fdic Risk Management Manual Of Examination Policies – Sec. 3.6 – Other Real Estate, United States: Federal Deposit Insurance Corporation (Fdic)

Documents

No abstract provided.