Digital Commons Network^™

The Supreme Court's Rejection Of The Rational Basis Standard In Shelby County V. Holder Invites Voter Suppression, L. Darnell Weeden

MC Law Review

Symposium on Re-Examining the Voting Rights Act: Where Is Our Nation after Shelby County v. Holder

Life In Lawsuit Central: An Over-View Of The Unique Aspects Of Mississippi's Civil Justice System, David W. Clark

MC Law Review

No abstract provided.

Familiarity Differentially Affects Right Hemisphere Contributions To Processing Metaphors And Literals, V. T. Lai, Wessel Van Dam, L. L. Conant, J. R. Binder, Rutvik Desai

Faculty Publications

The role of the two hemispheres in processing metaphoric language is controversial. While some studies have reported a special role of the right hemisphere (RH) in processing metaphors, others indicate no difference in laterality relative to literal language. Some studies have found a role of the RH for novel/unfamiliar metaphors, but not conventional/familiar metaphors. It is not clear, however, whether the role of the RH is specific to metaphor novelty, or whether it reflects processing, reinterpretation or reanalysis of novel/unfamiliar language in general. Here we used functional magnetic resonance imaging (fMRI) to examine the effects of familiarity in both metaphoric …

Someone Who'll Watch Over Me, Patrick O. Gudridge

Articles

No abstract provided.

Our Uneasiness With Police Unions: Power And Voice For The Powerful?, Marcia L. Mccormick

Saint Louis University Public Law Review

No abstract provided.

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Articles

No abstract provided.

Comments: Not All Is Fair (Use) In Love And War: Copyright Law And Revenge Porn, Kaitlan M. Folderauer

University of Baltimore Law Review

No abstract provided.

Feminist Rule Of Law Reform And Health Impact Of Legal Systems Premised On Women As Communal Gauges Of Honor, Tzili Mor

University of Baltimore Law Review

Gender equality is touted as key for sustainable development, improved public health, decreased poverty, and robust democratic systems. Yet despite growing interest by international bodies and national governments, the "gendering" of rule of law reform has received limited critical attention. This Article argues that transformative gendered rule of law reform requires holistic and intersectional analysis of the domestic legal landscape that genuinely accounts for lived experiences. Using Jordan as a case study, it critiques the short-sighted and perhaps harmful "technical" feminist law reform efforts of calling for repeal of isolated provisions related to sensational "honor killings." As in many countries, …

Comments: An Easy Pill To Swallow: While The Supreme Court Found That For-Profit, Secular Companies Can Exercise Religion Within The Meaning Of The Religious Freedom Restoration Act, The Mandate Should Have Prevailed With Respect To Those Entities Because It Advances The Government's Compelling Interests In Public Health And Is The Least Restrictive Means Of Doing So, Maria Iliadis

University of Baltimore Law Review

Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked?

–Edward, First Baron Thurlow

Comments: Judicial Messaging: Remote Texter Liability As Public Education, Morgan Gough

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Review Volume 45 Number 1 Fall 2015 Front Matter

University of Baltimore Law Review

No abstract provided.

Video Games And Ncaa Athletes: Resolving A Modern Threat To The First Amendment, Alex Vlisides

University of Baltimore Law Review

In 2013, two U.S. Courts of Appeals ruled that NCAA athletes could maintain right of publicity claims against a video game maker for use of their likeness. These decisions in favor of sympathetic plaintiffs reveal the threat that current right of publicity doctrine poses to First Amendment rights. The right of publicity tests applied by lower courts conflict with both the Supreme Court precedent and the theoretical foundations of the doctrine. This article reviews and rejects this test, ultimately proposing a new test. This two-tiered right of publicity test better protects the values of right of publicity while protecting the …

Classifying Federal Taxes For Constitutional Purposes, Evgeny Magidenko

University of Baltimore Law Review

In 2012, ruling on a challenge to President Obama’s landmark healthcare legislation, the Supreme Court upheld the legislation’s individual mandate penalty as a tax. The Court’s decision relied in part on the finding that the penalty was not a direct tax and so its lack of apportionment was not fatal. This was the first Supreme Court case in decades to address direct taxes, but regrettably it provided only a cursory examination of the subject. It did, however, serve as a useful reminder that the constitutional analysis of taxes is not a foregone conclusion and confirmed that there is a tenable …

Fraud And Defalcation By A Fiduciary: The Amorphous Exception To Bankruptcy Discharge, H.C. Jones Iii

University of Baltimore Law Review

No abstract provided.

It's "Exhausting": Reconciling A Prisoner's Right To Meaningful Remedies For Constitutional Remedies For Constitutional Violations With The Need For Agency Autonomy, Allen E. Honick

University of Baltimore Law Review

This Comment will address the inadequacy and injustice of the PLRA, specifically the “proper exhaustion” rule as expressed in Woodford v. Ngo. “Proper exhaustion” means that “a prisoner must complete the administrative review process in accordance with applicable procedural rules, including deadlines, as a precondition to bringing suit in federal court.” Failure to adhere to even the slightest procedural requirement is sufficient to warrant procedural default, i.e., a dismissal regardless of the merits of the underlying claim. The PLRA seeks to achieve laudable ends, but the means by which it does so leave much to be desired.

Setting The Standard For Challenge: Teaching English In Dimen, China, Cynthia W. Weick, Samuel J. Costigan, Lindsey J. Cunningham, Shelly R. Zeiser, Jackson A. Campbelll, Michael C. Feliz, Jennifer M. Iversen, Alison L. Kobayashi, Madelaine A. Matej, Colleen T. Motoyasu, Kathryn E. Teague, Sarah A. Wong

Honors in Practice Online Archive

Travelling from Hong Kong to Dimen, China, requires a full day. The journey begins with a metro and high-speed train ride to a modern airport in the booming manufacturing center of Guangzhou. From there an Embraer jet shoots through oversized cumulus clouds and lands on the single runway at the Liping airport in Guizhou Province. A van navigates miles of bumpy switchbacks and finally arrives at the gateway to the 300-year-old village of Dimen and to the lives of the Dong ethnic minority. A few hundred wooden buildings line the river banks and then crawl up hillsides carpeted with bamboo, …

Cultivating Awareness In Honors: First-Person Noting And Contemplative Practices, Kathy J. Cooke

Honors in Practice Online Archive

In her compelling case for liberal education, Martha Nussbaum emphasizes the nuances of the examined life and in particular how essential the narrative imagination is to “cultivating humanity” (9–11). While Nussbaum is advocating for liberal education in general terms, her call is particularly suited to the mission of honors education and its mandate for “broader, deeper, and more complex” learning experiences (NCHC Board of Directors). Nussbaum’s conceptual scheme encourages education in support of openness, intensity, and breadth, in particular urging approaches that require an ability to acknowledge and reconsider one’s own culture, traditions, and ways of thinking. At times, this …

A Quality Instrument For Effective Honors Program Review, Patricia Joanne Smith

Honors in Practice Online Archive

Although the number of honors programs and colleges has grown dramatically over the last twenty years to over a thousand programs nationally (Member List 2010, National Collegiate Honors Council), little has been done to develop consistency of standards in honors. In the interest of seeking consistency, I designed a research study to provide initial insights into assessable measures that a panel of honors administrators agree are meaningful for use in honors program reviews. The study analyzed the content validity of a set of empirically and conceptually derived survey items to facilitate the development of an instrument to assess and review …

Honors Inquiry In Ireland: Developing A Research-Based Study Abroad Experience For Honors Students, Steven Engel, Howard Keeley

Honors in Practice Online Archive

Honors programs and colleges have long placed experiential education at the core of their missions (Braid and Long). As universities have made experiential learning opportunities available to more and more of their students, a question arises about what makes honors experiential learning distinctive (Donahue). In the university-wide honors program at Georgia Southern University, we asked this question about honors study abroad offerings. With a limited staff and budget, we needed a good rationale for the honors program to develop and run a study abroad experience. Such an experience would need to provide experiential learning that would be distinctive in a …

Regulating The Underground: Secret Supper Clubs, Pop-Up Restaurants And The Role O F Law, Sarah B. Schindler

Faculty Publications

Instagram pictures of elegantly plated dinners, long farmstyle tables, and well-to-do people laughing in what looks like a loft apartment are followed by commenters asking, “Where is this?” This is the world of underground dining. Aspiring and established chefs invite strangers into their homes (or their friends’ stores after hours, or the empty warehouse at the edge of town, or the nearest farm) for a night of food and revelry in exchange for cash. Although decidedly antiestablishment, these secret suppers and pop-up restaurants are popular—there are websites to help people locate them, and many respected publications have penned stories about …

Intergrating Skills And Collaborating Across Law Schools: An Example From Immigration Law, Anna R. Welch

Faculty Publications

This Essay discusses the design and implementation of introductory Immigration Law courses taught at two different law schools, Western State College of Law in Orange County, California and the University of Maine Law School in Portland, Maine. Although the courses took place on opposite coasts and did not engage in a formal partnership that was visible to students, the authors deliberately planned the courses in close collaboration with one another behind the scenes. In doing so, the courses shared the explicit goal of increasing students’ exposure to practical lawyering skills while reinforcing students’ understanding of the substantive immigration laws. This …

Our Unconstitutional Recusal Procedure, Dmitry Bam

Faculty Publications

In this article, I argue that the recusal procedure used in state and federal courts for nearly all of American history is unconstitutional. For centuries, recusal procedure in the United States has largely resembled that of England before American independence. To this day, in most American courtrooms, the judge hearing the case decides whether recusal is required under the applicable substantive recusal rules. If the judge determines that she can act impartially, or that her impartiality could not reasonably be questioned, the judge remains on the case. And although the judge’s decision is typically subject to appellate review — with …

Surveillance, Knowledge And Inequality: Understanding Power Through Foucault And Beyond., Simon Purdy

The Hilltop Review

Understanding a concept as complex as power, in the social sciences, can often be a daunting task. In order to fully comprehend power, it is therefore necessary to examine it through the lens of other issues and theoretical devices. In this paper, power is approached through an examination of surveillance and associated technologies. Utilizing the theoretical work of Michel Foucault, and stepping beyond this basic groundwork, we explore the contentions surrounding the study of power within sociology, the ways in which surveillance constitutes and even threatens structures of power. The paper concludes with an analysis of inequality, welfare and the …

An Unfinished Journey: The Evolution Of Crime Measurement In The United States, Daniel J. Patten

The Hilltop Review

This article traces the history of crime measurement in the United States beginning with the U.S. census in 1790 while exploring several key pieces of history that influenced how crime is measured today. After discussing the origins of the U.S. census and its contributions to measuring crime, the Chicago School of Sociology is observed for its monumental influence on early criminology in America. Next, the division of sociology and criminal justice into two distinct fields had major implications for measuring crime. How crime is measured is often attributed to the ideological differences between these academic fields. Then, the three primary …

Religious Discourse And Interdisciplinarity In Sport Studies, Zachary T. Smith

The Hilltop Review

Religious and theological explorations of leisure have remained few and far between, as religious studies perceive sport and game related studies as trivial, and as leisure theorists find social scientific methods more compelling. And yet, religious traditions and thinkers have been offering accounts and ethics of leisure activities for thousands of years, and anthropological evidence suggests the origination of sport and game play arose in the context of religious cult activity (Huizinga, 1949; Guttmann, 2007). Further, contemporary research has indicated that religion plays an important role in structuring the thought and behavior of religious persons towards their leisure (Waller, 2009) …

Truman Smith’S Reports On Nazi Militarism: Domestic Political Priorities And U.S. Foreign Policy-Making In Franklin Roosevelt’S First And Second Terms, Sam Shearer

Journal of the National Collegiate Honors Council Online Archive

Appointed head military attaché in Hitler’s Berlin in 1935, career U.S. Army officer Truman Smith harbored no illusions about the challenges he faced. As he recalled later in his memoirs: “I saw at firsthand how inadequately organized, staffed, and financed the Military Intelligence Division was. It became clear to me also that Military Intelligence was the orphan branch of the General Staff and the army as a whole and that military attachés lacked prestige and were little regarded or listened to” (26). Despite inadequate support and seemingly insurmountable obstacles to access, Smith produced over the next three years a series …

Building An Honors Education For The Twenty-First Century: Making Connections In And Outside The Classroom, Jonathan Alger

Journal of the National Collegiate Honors Council Online Archive

When I was sifting through stacks of brochures from colleges as a high school student (in the days before the Internet and college web sites), I had a vague sense that I wanted to find a college with an honors program in which it was “cool” for students to develop close mentoring relationships with faculty and where students were encouraged to seek both breadth and depth in their education. While I enjoyed my public high school experience, I knew that I wanted to go beyond memorizing facts and preparing for standardized tests. I could not fully articulate my educational goals …

Thinking And Rethinking: The Practical Value Of An Honors Education, James Herbert

Journal of the National Collegiate Honors Council Online Archive

While teaching in the general honors program of the University of Maryland (1970–1980), I passed on a version of the education I had received in history, philosophy, literature, politics, theology, psychology, anthropology, and the other liberal arts. As I moved into another career, my situation reversed the old chestnut: I couldn’t teach, so I had to find a way to do. I had often professed that a liberal education in honors was good preparation for life. My work life ended up testing that proposition and confirming it in unexpected ways that may be illuminating to those who are now supporting …

Honors As Whole-Person Education, William M. Wilson

Journal of the National Collegiate Honors Council Online Archive

The Oral Roberts University Honors Program attracts a significant number of students each year, both as incoming freshmen and currently enrolled students, seeking a richer academic experience. While the honors program offers a higher-level academic challenge, its value lies beyond what is simply learned in the classroom. The program contributes to the intellectual, social, and spiritual development of its students, but its greatest value lies in its ability to synthesize these components into a whole-person education that is greater than the sum of its parts.

16.2 Contributors

Journal of the National Collegiate Honors Council Online Archive

No abstract provided.