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Understanding Factors Influencing Adverse Sex Ratios At Birth In Bangladesh, Md. Noorunnabi Talukder, Ubaidur Rob, Md. Irfan Hossain, Forhana Rahman Noor

Poverty, Gender, and Youth

Nationally, the sex ratio at birth has persisted at its natural level of 105 male per 100 female newborns for the past half century in Bangladesh. However, at the regional level, Bangladesh is characterized by an east-west divide in sex ratios at birth. While the western region shows normal sex ratios at birth, the eastern region displays distorted sex ratios. To understand the factors that contribute to regional variations, a household survey was conducted among married women aged 18–49 years who had at least two living children. Views of health-care providers on gender-biased sex selection and of program implementers on …

Addressing Gender-Biased Sex Selection In Haryana, India: Promising Approaches, Shireen J. Jejeebhoy, Rajib Acharya, Sharmistha Basu, A.J. Francis Zavier

Poverty, Gender, and Youth

Persistently adverse sex ratios remain a challenge in India despite the enforcement of the PCPNDT (Pre-Conception and Pre-Natal Diagnostic Techniques) Act in 1994. Nevertheless, over the decade 2001–2011, positive shifts from very adverse to less adverse levels have occurred in a few states. Two districts in Haryana state—Kurukshetra and Sonipat—whose sex ratios displayed some and no improvement, respectively, are compared in an attempt to find promising programme directions to counter gender-biased sex selection. Comparisons are drawn from the attitudes and experiences of surveyed women and interviews with service providers and programme implementers, about sex-selection technology. Also addressed are differences in …

Urban Adolescents Needs Assessment Survey In Bangladesh, Sajeda Amin

Poverty, Gender, and Youth

This report presents data on multiple dimensions of adolescents’ lives in urban settlements in Dhaka and Gazipur districts, Bangladesh. The study provides evidence on the lives of young people in a manner that can inform programs and policies directed toward this underserved population. Data is presented on education; reproductive health; family planning; marriage and dowry; physical mobility and social context; gender equality; family life, relationships, and emotional well-being; substance abuse; and livelihoods. There is presently little information about what makes adolescent girls and boys vulnerable in urban settings. The analysis explores and highlights sex, age, education, and marital-status-related differentials among …

Unveiling The Consensus: Putting People First In Pakistan's Development Agenda, Government Of Pakistan, Unfpa, Population Council

Poverty, Gender, and Youth

This document contains the consensus from the Population Summit held in Islamabad, Pakistan, November 5–6, 2015. To date, an enduring commitment to a sound and adequate population welfare program has eluded Pakistan, leaving millions of couples who want to wait before having their next child or who consider that they have enough children, without good access to family planning. However, in the wake of devolution, in part through efforts of donors and civil society for awareness building, advocacy, and dialogue, opinion among all major stakeholders is coalescing around the need to address Pakistan’s alarming maternal and child health indicators through …

Gender-Biased Sex Selection In India: A Review Of The Situation And Interventions To Counter The Practice, Shireen J. Jejeebhoy, Sharmistha Basu, Rajib Acharya, A.J. Francis Zavier

Poverty, Gender, and Youth

This report on gender-biased sex selection in India is divided into six chapters, including an introduction in Chapter 1. Chapter 2 describes the laws and policies adopted by India to address gender-biased sex selection, as well as those intended to support and empower women and girls. Chapter 3 analyzes the trends and geographic variation in the sex ratio at birth and in the child sex ratio. Chapter 4 briefly describes the socioeconomic differences and factors underlying distorted sex ratios and gender-biased sex selection in India, and the social consequences of these practices. Experiences in implementing the PCPNDT Act, initiatives intended …

Health Care Inflation And It's Implications For Monetary Policy, Takeshi Yagihashi, Juan Du

Economics Faculty Publications

Motivated by recent findings on the cyclical movement of both health and health spending, we construct a general equilibrium model that distinguishes health care demand from the demand for other goods. Using this model, we are able to generate inflation dynamics and cyclicality of health that match the US data. When the model is subjected to an expansionary monetary policy shock, it yields different output and inflation responses compared with a two-sector model with homogeneous demand. We show that the trade-off between leisure and health spending plays an important role in model dynamics. The model further predicts different degrees of …

On Designation Of North Korea As A State Sponsor Of Cyberterrorism, Justin L. Koplow

SMU Science and Technology Law Review

No abstract provided.

Including Aviation In The European Union Scheme For Emission Allowance Trading: Stimulating Global Market-Based Measures, Melle Bakker

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Social Media And The Organization Man, Dylan E. Wittkower

Philosophy Faculty Publications

On new dynamics in organizational psychology, self- and group-identity, character, and integrity in an age of social media, "Organizations may then have a similar relation to our integrity as does our character. Our character is formed by a history of actions and interactions, but we may not identify with the actions that it brings us to habitually perform. When we recognize our vices—e.g., intemperance—and seek to act in accordance with our values and beliefs, we act against our character and contribute thereby to reforming our habits and character to better align with the version of ourselves with which we identify. …

Denying Antecedents And Affirming Consequents: The State Of The Art, David Godden, Frank Zenker

Philosophy Faculty Publications

Recent work on conditional reasoning argues that denying the antecedent [DA] and affirming the consequent [AC] are defeasible but cogent patterns of argument, either because they are effective, rational, albeit heuristic applications of Bayesian probability, or because they are licensed by the principle of total evidence. Against this, we show that on any prevailing interpretation of indicative conditionals the premises of DA and AC arguments do not license their conclusions without additional assumptions. The cogency of DA and AC inferences rather depends on contingent factors extrinsic to, and independent of, what is asserted by DA and AC arguments. © David …

Nietzsche's Conception Of Truth: Correspondence, Coherence Or Pragmatist?, Justin Remhof

Philosophy Faculty Publications

Nearly every common theory of truth has been attributed to Nietzsche, while some commentators have argued that he simply has no theory of truth. This essay argues that Nietzsche’s remarks on truth are better situated within either the coherence or pragmatist theories of truth than the correspondence theory. Nietzsche’s thoughts conflict with the correspondence framework because he believes that the truth conditions of propositions are constitutively dependent on our actions.

Naturalism, Causality, And Nietzsche's Conception Of Science, Justin Remhof

Philosophy Faculty Publications

There is a disagreement over how to understand Nietzsche’s view of science. According to what I call the Negative View, Nietzsche thinks science should be reconceived or superseded by another discourse, such as art, because it is nihilistic. By contrast, what I call the Positive View holds that Nietzsche does not think science is nihilistic, so he denies that it should be reinterpreted or overcome. Interestingly, defenders of each position can appeal to Nietzsche’s understanding of naturalism to support their interpretation. I argue that Nietzsche embraces a social constructivist conception of causality that renders his naturalism incompatible with the views …

Nietzsche On Objects, Justin Remhof

Philosophy Faculty Publications

Nietzsche was persistently concerned with what an object is and how different views of objects lead to different views of facts, causality, personhood, substance, truth, mathematics and logic, and even nihilism. Yet his treatment of objects is incredibly puzzling. In many passages, he assumes that objects such as trees and leaves, tables and chairs, and dogs and cats are just ordinary entities of experience. In other places, he reports that objects do not exist. Elsewhere he claims that objects exist, but as mere bundles of forces. And sometimes he proposes that we bring all objects into existence. Nietzsche’s writings, then, …

Dividing Nature By The Joints, Chad Wiener

Philosophy Faculty Publications

Most scholars of Aristotle’s biology have accepted the view of D. M. Balme and Pierre Pellegrin that the History of Animals is devoid of any systematic classification of animals. I challenge this reading. I show that Aristotle can produce a taxonomy of animals kinds that are found in the essences of atomic species, or, to borrow from Plato, divide nature by the joints. I start from Aristotle’s positive views of division stated in APo. II.13–14 and how they imply a taxonomic order of a genus. I then develop my interpretation of how Aristotle can divide nature by the joints in …

International Arbitration, Judicial Education, And Legal Elites, Catherine A. Rogers

Faculty Scholarship

One potentially devastating critique of investment arbitration is that it undermines or hampers development of national legal institutions. Investment arbitration was originally conceived of as a means of encouraging foreign investment and strengthening rule of law for investment protection. Critics often question whether it actually contributes to either of these goals. If investment arbitration could not deliver on intended goals related to improvements in local legal institutions, it would be disappointing. If, however, investment arbitration not only failed to deliver benefits to, but instead affirmatively undermined, local legal institutions, it would be devastating. While numerous critics have leveled this charge, …

Masthead & Table Of Contents, Vol. 93, No. 3

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 93, No. 4

Nebraska Law Review

No abstract provided.

The Antipatent: A Proposal For Startup Immunity, Amy L. Landers

Nebraska Law Review

I. Introduction

II. The Proposed Solution: The Antipatent

III. Assumptions: Ideas, Inventions, and Innovations

IV. The Value of Experimentation without Adverse Consequences ... A. Clearer Paths to Creation ... B. Components of Creative Endeavors

V. Patent Lock-In: Standing on the Shoulders of Plaintiffs ... A. The Difficult Path to Permission: Search ... B. Patent Lock-In ... C. Patent Law’s Limited Experimental Use Defense ... D. Prior User Rights ... E. Other Private Ordering Solutions ... 1. Patent Pledges ... 2. Coordinated Efforts to Resolve Innovation Roadblocks

VI. The Rationale for Shielding Startups ... A. The Role of Small Firms in …

J.P. Ex Rel. A.P. V. Millard Public Schools: A Limit On School Authority And What It Means For Students’ Fourth Amendment Rights In Nebraska, Brian J. Fahey

Nebraska Law Review

I. Introduction

II. Background ... A. Fourth Amendment Jurisprudence ... B. New Jersey v. T.L.O. and the Fourth Amendment in Public Schools ... C. J.P. ex rel. A.P. v. Millard Public Schools

III. Analysis ... A. Students’ Fourth Amendment Rights after T.L.O. … B. J. P. ex rel. A.P. v. Millard Public Schools ... 1. Section 79-267 of the Nebraska Revised Statutes and the Rejection of the “Nexus to the School” Analysis ... 2. Undesirable Outcomes ... C. Impact of the Court’s Decision ... 1. School-Sponsored Activities ... 2. The Court’s Interpretation of Reasonable Suspicion ... 3. Halting the “Parade …

Can The Ninth Circuit Overrule The Supreme Court On The Constitution?, Steven Ferrey

Nebraska Law Review

I. What Has the Ninth Circuit Done? … A. The Ninth Circuit 2013 Constitutional Opinion ... B. Does This Lead Down a New Constitutional Path?

II. The Multibillion Dollar Ninth Circuit Question in California ... A. The California Low Carbon Fuel Standard ... B. The State Law Challenge to the LCFS ... C. The Federal Trial Court Constitutional Challenge … 1. Discrimination against Out-of-State Commerce ... 2. California Regulation beyond State Borders ... 3. Preemption of California Regulation ... D. The Ninth Circuit Majority ... E. Professors as Friends of the Court ... F. The Dissent in the Ninth Circuit …

Constitutional Patent Law: Principles And Institutions, Kali N. Murray

Nebraska Law Review

I. Introduction

II. Historical Method and Constitutional Development in Patent Law ... A. Historical Method in Patent Law ... B. Innovative and Social Disruption in Patent Law: A Multivariate Analysis ... 1. Innovative Disruption in the Progressive Era ... 2. Social Disruption in the Progressive Era

III. The Social-Obligation Principle and the Constitutional Regulation of Patents ... A. The Social-Obligation Principle and the Common Law Regulation of Patents ... B. The Language of Obligation in the Constitutional Regulation of Patents ... 1. The Language of Obligation in Contract Law ... 2. The Language of Obligation in Property Law ... a. …

The Upside-Down Law Of Property And Contract: Of Fannie Mae, Freddie Mac, And San Jose Pensions, Richard A. Epstein

Nebraska Law Review

I. The Upside-Down Law

II. Physical Occupation and Regulatory Takings

III. The Third Leg of the Stool: Financial Takings

IV. The Fannie and Freddie Bailout

V. The San Jose Pension Situation

Lethal Autonomous Robots: Are They Legal Under International Human Rights And Humanitarian Law?, Titus Hattan

Nebraska Law Review

I. The Rise of Lethal Autonomous Robots

II. Applicable International Humanitarian Law

III. Applicable International Human Rights Law

IV. LARs in Light of IHL and IHRL

V. Conclusion

Girls Rule, Boys Drool . . . And Must Apply: An Analysis Of The Eighth Circuit’S Perplexing Approach To A Failure-To-Apply Case In Eeoc V. Audrain Health Care, Inc., 756 F.3d 1083 (8th Cir. 2014), Jaydon Mcdonald

Nebraska Law Review

I. Introduction

II. Background ... A. Proving Discrimination Generally under Title VII … 1. The Direct Evidence Route ... a. Mixed-Motives ... 2. The McDonnell Douglas Framework ... B. The Genesis of the Futile Gesture Doctrine ... 1. The Futile Gesture Doctrine—Some Things Never Change ... 2. Failure-to-Apply Cases in the Eighth Circuit ... C. EEOC v. Audrain Health Care, Inc. ... 1. Facts ... 2. The Eighth Circuit Weighs In

III. Analysis ... A. The Eighth Circuit Wrongly Circumvented the Direct Evidence Discussion ... B. “Reverse Discrimination”: The (White) Elephant in the Room ... C. Failure-to-Apply: An Employer’s Free …

Demand Promissory Notes And Commercial Loans: Balancing Freedom Of Contract & Good Faith, George A. Nation Iii

Nebraska Law Review

I. Introduction

II. Background … A. The Reger Case … B. The Problems Associated with Using Demand Notes in Commercial Loans

III. Analysis … A. Old and Continuing Problems … B. Recognition of Demandable Notes: A Step Toward a Solution ... C. Revised Article 3—More Ambiguities ... D. Achieving Balance ... E. Freedom of Contract ... F. Good Faith ... G. Negotiability

IV. Seventh Circuit’s Analysis

V. Conclusion

Proposed Timing Requirements For The Common-Law Motion To Withdraw A Plea: The Creation Of A New Procedure In State V. Gonzalez, 285 Neb. 940, 830 N.W.2d 504 (2013), Meridith Wailes

Nebraska Law Review

This Note proposes that Nebraska courts apply the timing requirements from the Nebraska Postconviction Act because the common-law procedure was created as an alternative for defendants who could not bring postconviction motions under the act. Part II provides background on how defendants could withdraw their pleas in Nebraska prior to the creation of the common-law motion. Part III discusses State v. Gonzalez and the limitations the opinion placed on the common-law motion to withdraw a plea. Part IV discusses cases involving common law motions to withdraw pleas since Gonzalez—none of which include a discussion on when a motion is …

Schuette, Electoral Process Guarantees, And The New Neutrality, Mark Strasser

Nebraska Law Review

In 2014, in Schuette v. Coalition to Defend Affirmative Action, the United States Supreme Court addressed the breadth of electoral process guarantees, which have stood as a bulwark against attempts to impose extra electoral burdens on discrete minorities. The ways in which the plurality modified equal protection jurisprudence, and that it did so sub silentio, will doubtless convince some that the Court is no longer committed to the fair and equal treatment of the laws. Part II of this article discusses several cases in which the Court developed the electoral process guarantees jurisprudence, concluding that the jurisprudence was …

Copyright’S Unconsidered Assumption: Statutory Successors To The Termination Interest (And The Unintended Consequences For Estate Planners), Katie Joseph

Nebraska Law Review

I. Introduction

II. A Brief Overview of Termination

III. Legislative History of Successors in Reversion and Termination ... A. 1790–1831 ... B. The 1909 Copyright Act … 1. Conferences ... 2. Congressional Proceedings ... C. The 1976 Act ... 1. Studies and Conferences on Revision ... 2. Congressional Proceedings

IV. A More Sensible Succession ... A. Termination as a Planning Challenge ... B. The Preference for Testamentary Freedom ... C. Two Statutory Solutions ... 1. Reorder Statutory Successors ... 2. Exempt Certain Lifetime Transfers ... V. Planning & Termination ... A. Is Termination a Concern? ... B. Transfer by Will …

Preparing To Open Up Shop: How The Supreme Court Set The Stage To Prohibit Public-Sector Agency-Shop Provisions In Harris V. Quinn, 134 S. Ct. 2618 (2014), Chris Schmidt

Nebraska Law Review

In 2014, the United States Supreme Court held in Harris v. Quinn that a quasi-public employee cannot be compelled to pay even her fair share of collective bargaining costs associated with union representation because such agency-shop provisions constitute compelled speech in contravention of the First Amendment. The decision was significant standing alone, as it directly affects personal assistants in the twenty-five states that are not so-called “right-to-work” states, and likely similarly applies to a vast number of other individuals who can be properly characterized as quasi-public. Perhaps more important is what Harris might mean for the larger world of public-sector …