Digital Commons Network^™

Architectural Exclusion: Discrimination And Segregation Through Physical Design Of The Built Environment, Sarah B. Schindler

Faculty Publications

The built environment is characterized by man-made physical features that make it difficult for certain individuals — often poor people and people of color — to access certain places. Bridges were designed to be so low that buses could not pass under them in order to prevent people of color from accessing a public beach. Walls, fences, and highways separate historically white neighborhoods from historically black ones. Wealthy communities have declined to be served by public transit so as to make it difficult for individuals from poorer areas to access their neighborhoods. Although the law has addressed the exclusionary impacts …

Religious Historiography: The Emperor Zeno Through Religious Texts, Michael Goodyear

Laurus: Undergraduate Literature Journal of the University of Nebraska–Lincoln

The study of Byzantine history during the second half of the fifth century has been hampered by the lack of chronicles and political texts that exist for much of Byzantine history. However, historians can gain a wealth of knowledge by relying upon religious texts of the period to a greater degree. The Ecclesiastical History of Evagrius Scholasticus and The Life of Daniel the Stylite provide a rich picture of Byzantine Emperor Zeno (r. 474-491), his relationships, and his reign.

Comparing The Clinical Approaches Of Christian Social Workers And Secular Social Workers, Kristin Larsen

Dissertations

This mixed methods research study explores the current interface of religion and social work in clinical practice. A total of 91 National Association of Social Workers, Illinois Chapter members and 120 North American Association of Christians in Social Work members responded to clinical vignettes via an online survey. Subsequently, a small group of Christian social workers and a small group of Secular social workers convened for focus group discussion. This study found that the approaches of Christian social workers and secular social workers were not fundamentally different; however, there was some evidence of significant differences between the groups and their …

Structural Determinants Of Municipal Police Force Size In Large Cities Across Canada: Assessing The Applicability Of Ethnic Threat Theories In The Canadian Context, Jason T. Carmichael, Stephanie L. Kent

Criminology, Anthropology, & Sociology Faculty Publications

Substantial theoretical and empirical attention has been directed at isolating the structural conditions that lead to shifts in the size of metropolitan police departments in the United States. These studies rely heavily on ethnic and racial threat explanations, which imply that larger police forces will be employed in jurisdictions with larger minority populations. It is entirely unclear, though, whether such accounts are applicable outside the United States. This study fills this void in the literature by assessing the extent to which ethnic threat hypotheses can explain variations in police strength using data on 40 large Canadian cities from 1996 to …

The Deep Convective Clouds And Chemistry (Dc3) Field Campaign, Mary C. Barth, Brian G. Heikes, Et Al

Graduate School of Oceanography Faculty Publications

The Deep Convective Clouds and Chemistry (DC3) field experiment produced an exceptional dataset on thunderstorms, including their dynamical, physical, and electrical structures and their impact on the chemical composition of the troposphere. The field experiment gathered detailed information on the chemical composition of the inflow and outflow regions of midlatitude thunderstorms in northeast Colorado, west Texas to central Oklahoma, and northern Alabama. A unique aspect of the DC3 strategy was to locate and sample the convective outflow a day after active convection in order to measure the chemical transformations within the upper-tropospheric convective plume. These data are being analyzed to …

Preliminary Evidence For The Amplification Of Global Warming In Shallow, Intertidal Estuarine Waters, Autumn Oczkowski, Richard Mckinney, Suzanne Ayvazian, Alana Hanson, Cathleen Wigand, Erin Markham

Graduate School of Oceanography Faculty Publications

Over the past 50 years, mean annual water temperature in northeastern U.S. estuaries has increased by approximately 1.2°C, with most of the warming recorded in the winter and early spring. A recent survey and synthesis of data from four locations in Southern Rhode Island has led us to hypothesize that this warming may be amplified in the shallow (<1 m), nearshore portions of these estuaries. While intertidal areas are not typically selected as locations for long-term monitoring, we compiled data from published literature, theses, and reports that suggest that enhanced warming may be occurring, perhaps at rates three times higher than deeper estuarine waters. Warmer spring waters may be one of the factors influencing biota residing in intertidal regions both in general as well as at our specific sites. We observed greater abundance of fish, and size of Menidia sp., in recent (2010–2012) seine surveys compared to similar collections in 1962. While any linkages are speculative and data are preliminary, taken together they suggest that shallow intertidal portions of estuaries may be important places to look for the effects …

Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson

All Faculty Scholarship

No abstract provided.

Zealous Advocacy: Pushing Against The Borders In Immigration Litigation, Elizabeth Keyes

All Faculty Scholarship

This article examines the forces that undermine zealous advocacy in the context of immigration court, and connects the context-specific issue of immigration defense to debates in the ethics literature about the possible justifications for zealous advocacy. As state bar rules and legal cultures and sub-cultures de-emphasize or remove the duty of zealousness, zealousness becomes increasingly counter-cultural. The article explores those trends, and shows (drawing on existing criminal defense ethical literature) why zealousness is justified in the adversarial and consequential immigration context. The article examines why a broadly understood and well-elaborated standard of zealous advocacy for immigration lawyers would be useful, …

A Simpler Verifiable Gift Tax, Wendy G. Gerzog

All Faculty Scholarship

The purpose of this article is to propose a simpler verifiable gift tax, to reassert basic principles of transfer taxes, to encourage simple, outright gifts, and to eliminate some of the major abuses in the current gift tax regime. To accomplish these goals, the proposed tax would simplify gift completion rules, adopt a hard-to-complete rule of transfer taxation, reduce the annual exclusion while expanding the consumption exclusion, and employ loss of preference inducements to increase gift tax compliance.

On Recusal Standards: The Yukon Francophone School Board Case, Wayne K. Gorman

Court Review: Journal of the American Judges Association

Over the last number of years, a significant number of Canadian judges have joined the American Judges Association (Judge Russell Otter of the Ontario Court of Justice is the current AJA vice president). This has resulted in these Canadian judges receiving copies of Court Review. This has provided Canadian judges with an excellent source of information concerning the law as it exists and unfolds in the United States of America. Though there are substantial differences between the constitutions and legal systems of our two countries, there are also great similarities. Thus, Court Review provides Canadian judges with information that is …

Republicanism: Philosophical Aspects, Mortimer N.S. Sellers

All Faculty Scholarship

Republicanism is the doctrine that public power should always serve the common good of all those subject to its rule. This raises the question how to do so most effectively, either through particular policies or through constitutional structure (‘the republican form of government'). The republican philosophical tradition began with Plato and Aristotle, flowered in the writings of Marcus Tullius Cicero, and reappeared with the revival of learning in such authors as Niccolo Machiavelli, James Harrington, John Adams, and Immanuel Kant. More recently Philip Peuit, Jürgen Habermas, and others have returned to the republican conception of liberty as nondomination, and how …

What’S (Who You) Love Got To Do With It?* Should Sexual Orientation Be A Permissible Basis For Peremptory Challenges?, Colin P. Saltry

Court Review: Journal of the American Judges Association

Friday mornings in the Philadelphia Court of Common Pleas are unofficially designated as civil-jury days. The vast majority of jury panels leaving the Juanita Kidd Stout Center for Criminal Justice and heading over to City Hall on Friday mornings are listed for civil cases—anything from motor-vehicle accidents and contract disputes to complex medical-malpractice and products-liability cases. These panelists—not always bright-eyed and bushy-tailed, though more often than not awake and attentive—are Philadelphians of all stripes. They come from all corners of the city and are, for the most part, pleasant folks. My job as judge’s tipstaff1 is to work with these …

Weddings, Whiter Teeth, Judicial- Campaign Speech, And More: Civil Cases In The Supreme Court’S 2014-2015 Term, Todd E. Pettys

Court Review: Journal of the American Judges Association

T here can be little doubt about the ruling for which the Supreme Court’s 2014-2015 Term will best be remembered. In its penultimate public session—and over four fierce dissenting opinions—the Court struck down all remaining state bans on same-sex marriage, thereby simultaneously setting in place an enormous milestone in the legal rights of America’s gays and lesbians and, for the ruling’s opponents, raising the specter of Lochner and judicial illegitimacy. We will begin by briefly revisiting that landmark ruling and then will turn to the Term’s other significant decisions, concerning issues involving administrative law, antitrust, due process, elections and redistricting, …

Using Third-Party Information In Forensic Mental-Health Assessment: A Critical Review, Kirk Heilbrun, Amanda Nemoyer, Chris King, Meghann Galloway

Court Review: Journal of the American Judges Association

T he use of psychological and psychiatric evaluations for the courts has grown considerably in the last three decades.1 For the purposes of this article, we will refer to such an evaluation as a forensic mental-health assessment (FMHA). There are two important components to the definition of FMHA. First, such activity involves evaluations conducted in the context of criminal or civil proceedings.2 Second, it includes certain kinds of tasks—such as reconstructing a past mental state and linking it with the functional-legal capacities specified in a given legal test (such as insanity at the time of the offense) or evaluating a …

Self-Represented Litigants And Civil Case Dispositions In Missouri: An Impact Analysis, Anne Dannerbeck Janku, Joseph A. Vradenburg

Court Review: Journal of the American Judges Association

Access to justice is an important issue for the Missouri judiciary as it is for many other states. The issue fostered several recent national initiatives,1 including a 2010 Department of Justice Access to Justice Initiative.2 Part of the agenda for that initiative involves identifying ways to ensure fair and just outcomes for all parties to a case. Some observers of the judicial system have expressed concern that self-represented litigants may not experience fair and just outcomes. As part of Missouri’s own access-to-justice initiatives, this study was undertaken to understand how self-representation impacts outcomes in civil cases.

About half the cases …

Court Review: The Journal Of The American Judges Association 51:3 (2015)- Whole Issue

Court Review: Journal of the American Judges Association

BOOK REVIEW

90 Writing Like the Best Judges.

ARTICLES

94 Weddings, Whiter Teeth, Judicial-Campaign Speech, and More: Civil Cases in the Supreme Court’s 2014-2015 Term.

106 Making Continuous Improvement a Reality: Achieving High Performance in the Ottawa County, Michigan, Circuit and Probate Courts.

116 Implicit Bias and the American Juror.

DEPARTMENTS

86 Editor’s Note.

87 President’s Column

. 88 Thoughts from Canada.

122 Crossword.

126 Notice of Proposed Bylaws Changes.

128 The Resource Page.

Motorists, Motels, Mistakes, And More: Criminal Law Cases In The Supreme Court’S 2014-2015 Term, Charles D. Weisselberg, Daniel Chen, Sameera Mangena

Court Review: Journal of the American Judges Association

Despite its relatively modest size, last Term’s Supreme Court criminal docket packed a punch. The Court decided search-and-seizure issues important to day-today policing, it returned to the Crawford v. Washington line of cases, and several justices opined on the constitutionality of solitary confinement and the death penalty. This article reviews these and other criminal decisions with an eye toward issues most relevant to state courts. It closes with a brief glance toward the 2015 Term.

FOURTH AMENDMENT

Traffic stops and administrative searches were the focus of this Term’s Fourth Amendment cases. The Court issued important rulings on “add-ons” to legitimate …

Court Review: The Journal Of The American Judges Association 51:4 (2015)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

138 Motorists, Motels, Mistakes, and More: Criminal-Law Cases in the Supreme Court’s 2014-2015 Term.

150 Miranda Rights and Wrongs: Matters of Justice.

158 The Impact of Forensic vs. Social-Science Evidence on Judicial Decisions to Grant a Writ of Habeas Corpus.

DEPARTMENTS

130 Editor’s Note.

131 President’s Column.

132 Thoughts from Canada.

168 Crossword.

172 The Resource Page.

The Evolution Of Relational Property Rights: A Case Of Chinese Rural Land Reform, Shitong Qiao, Frank Upham

Faculty Scholarship

The most notable, or at least the most noted, form of property evolution has been the transfer of exclusive rights from collectives to individuals and vice versa, such as the farm collectivization in Soviet Union and the establishment of the People’s Communes in Mao’s China and their reversals. Such radical moments, however, constitute only a small part of history. For the most part, property rights evolve quietly and incrementally, which is hard to explain if we take exclusive rights as the core of property, or, to put it more generally, if we are focusing solely on the question of who …

Contraception As A Sex Equality Right, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

Challenges to federal law requiring insurance coverage of contraception are occurring on the eve of the 50th Anniversary of the U.S. Supreme Court’s decision in Griswold v. Connecticut. It is a good time to reflect on the values served by protecting women’s access to contraception.

In 1965, the Court ruled in Griswold that a law criminalizing the use of contraception violated the privacy of the marriage relationship. Griswold offered women the most significant constitutional protection since the Nineteenth Amendment gave women the right to vote, constitutional protection as important as the cases prohibiting sex discrimination that the Court would …

Keynote Reflections: The Public Governance Duty, Steven L. Schwarcz

Faculty Scholarship

Firms must take ever greater risks to try to innovate and create value in our increasingly competitive and complex global economy. Corporate governance law generally delegates control over excessive risk-taking to the firm’s investors, principally its risk-seeking shareholders. But this does not cover the type of risk-taking that led to the global financial crisis and that is becoming ever more common - risk-taking that could have systemic consequences to the financial system. I argue for a “public governance duty,” requiring managers of systemically important firms to assess the impact of risk-taking on the public as well as on investors, and …

That We Are Underlings: The Real Problems In Disciplining Political Spending And The First Amendment, Jedediah Purdy

Faculty Scholarship

In the area of money in politics, change at the doctrinal level will follow only from change at the political level. The current doctrine is coherent, intelligible, and profoundly misplaced. Shifting it will take a movement.

For Better And Worse: The Differing Income Tax Treatments Of Marriage At Different Income Levels, Lawrence A. Zelenak

Faculty Scholarship

Although both marriage penalties and marriage bonuses exist at all income levels under the federal income tax, the system is tilted toward penalties for lower-income couples, toward bonuses for middle-income couples, and back toward penalties for upper income couples. This Article begins by explaining how the tax rules produce these differing treatments of marriage at different points in the income distribution. It then argues that the increase in recent decades in the social acceptability and prevalence of cohabitation makes tax marriage effects a more serious concern--in terms of both behavioral, effects and fairness-than in earlier decades. After demonstrating that Congress …

Corporate Law And The Limits Of Private Ordering, James D. Cox

Faculty Scholarship

Solomon-like, the Delaware legislature in 2015 split the baby by amending the Delaware General Corporation Law to authorize forum-selection bylaws and to prohibit charter or bylaw provisions that would shift to the plaintiff defense costs incurred in connection with shareholder suits that were not successfully concluded. The legislature acted after the Boilermakers Local 154 Retirement Fund. v. Chevron Corp ATP Tour, Inc. v. Deutscher Tennis Bund, broadly empowered the board vis-à-vis the shareholders through the board’s power to amend the bylaws. Repeatedly the analysis used by each court referenced the contractual relationship the shareholders had through the articles of …

A Contribution On The Milliped Tribe Nannariini (Polydesmida: Xystodesmidae): Revalidation Of Mimuloria Chamberlin 1928; Identities Of Fontaria Oblonga C. L. Koch 1847, And Nannaria Minor Chamberlin 1918; Elucidation Of The Tribal Range; And Commentaries On Nannaria Chamberlin 1918, And Oenomaea Hoffman 1964, Derek A. Hennen, Rowland M. Shelley

Insecta Mundi

Mimuloria Chamberlin 1928 is revived from synonymy under Nannaria Chamberlin 1918a for Nannariini (Polydesmida: Xystodesmidae) with simple but apically ornamented gonopodal acropodites that arch or lean mediad and cross body midlines and opposing acropodites in situ. It encompasses two assemblages based primarily on the nature of the ornamentations, the castanea and dilatata species groups. The former includes three established species [M. castanea (McNeill 1887) M. missouriensis Chamberlin 1928 and M. davidcauseyi (Causey 1950a)], and the latter contains two new ones (M. dilatata [M. d. dilatata, M. d. sigmoidea], and M. rhysodesmoides). Castanaria Causey 1950b is …

Rodolia Cardinalis (Mulsant) (Coleoptera: Coccinellidae), A New Predator Of Crypticerya Multicicatrices Kondo And Unruh (Hemiptera: Monophlebidae), Ever Camilo Pinchao, Takumasa Kondo, Guillermo González

Insecta Mundi

The Colombian fluted scale (CFS), Crypticerya multicicatrices Kondo & Unruh (Hemiptera: Monophlebidae) is a polyphagous scale insect which affects about 100 species of plants. Between 2010–2013, the species was reported as an invasive pest on the islands of San Andres and Old Providence, Colombian territory in the Caribbean sea. Currently, populations of the CFS also have increased in the city of Cali, Valle del Cauca State, mainland Colombia, affecting different host plants, especially leguminous trees such as Caesalpinia peltophoroides Benth., Pithecellobium dulce (Roxb.) Benth., P. saman (Jacq.) Benth. (Fabaceae) and mango, Mangifera indica L. (Anacardiaceae). With the aim of searching …

The Historical Case For Abandoning Strickland, Brian R. Gallini

Nebraska Law Review

I. Introduction

II. The Strange Right-to-Counsel Journey ... A. The Journey to Strickland ... B. Defining Who Is “Effective” Counsel

III. Strickland’s Untold Story ... A. Part V’s Analytical Fallacies ... 1. Tunkey’s Suppression Motions, Sentencing Memorandum, and Performance at Sentencing ... 2. Character Evidence, Psychological Evidence, and Giving Up on David Washington ... 3. Washington’s “Rap Sheet” ... B. The Disutility of Part V ... C. Justice O’Connor’s Private and Unspoken War

IV. Conclusion

Unpacking And Communicating The Multidimensional Mission Of Educational Development: A Mission Matrix Tool For Centers Of Teaching And Learning, Connie Schroeder

To Improve the Academy: A Journal of Educational Development

In recent decades, the work of educational developers in Centers of Teaching and Learning (CTLs) is complex and diverse. The wide range of services and programs makes it difficult understand the mission and purpose of CTLs and communicate this effectively. The Center Mission Matrix Tool enables analysis and articulation of all facets of the Center’s mission. Juxtaposing the Center mission with three levels of impact—individual, departmental, and institutional—the Matrix adapts to each Center construct and provides a visual snapshot to multiple audiences, including the field of educational development, institutional stakeholders, and to the Center staff for internal purposes.

Journal Of The Senate State Of Colorado: Seventieth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

The Facts Of The Matter: Creative Approaches To Complicated Facts In Environmental Law, Los Angeles County Flood Control District V. Natural Resources Defense Council, 133 S. Ct 710 (2013), Aaron Schaer

UC Law Environmental Journal

No abstract provided.