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Introduction To Community Life Engagement (Engage: A Brief Look At Community Engagement, Issue No. 1, 2015), Jennifer Sullivan Sulewski, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston Jan 2015

Introduction To Community Life Engagement (Engage: A Brief Look At Community Engagement, Issue No. 1, 2015), Jennifer Sullivan Sulewski, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

As national disability policy prioritizes greater support for community-based integrated employment for individuals with intellectual and developmental disabilities (IDD), the level of participation in services for other daytime activities continues to grow (Winsor & Butterworth, 2012). The role of services related to engagement and participation in community life has to date been largely undefined. The purpose of this brief is to offer a definition of Community Life Engagement, share reasons for its relevance and timeliness, and present results from a Community of Practice with administrators and personnel from seven state IDD agencies hosted by the Institute for Community Inclusion (ICI) …

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Testing Lepton Nonuniversality In Tau Neutrino Scattering, Hongkai Liu Jan 2015

Testing Lepton Nonuniversality In Tau Neutrino Scattering, Hongkai Liu

Electronic Theses and Dissertations

Recently hints of lepton flavor non-universality emerged in the BaBar and LHCb experiments. In this paper we propose tests of lepton universality in scattering. To parametrize the new physics we adopt an effective Lagrangian approach and consider the neutrino deep inelastic scattering processes tau neutrino+nucleon to tau + X and muon neutrino+nucleon to muon + X where we assume the largest new physics effects are in the tau sector. We also consider an explicit leptoquark model in our calculations. In order to make comparison with the standard model and also in order to cancel out the uncertainty of the parton …

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Interaction Of Coping And Severity Of Stressor From An Acceptance And Commitment Therapy Conceptualization, Nadia Nicole Bethley Jan 2015

Interaction Of Coping And Severity Of Stressor From An Acceptance And Commitment Therapy Conceptualization, Nadia Nicole Bethley

Electronic Theses and Dissertations

According to recent data released by the American College Health Association, 51.5% of college students reported feeling more than average or tremendous stress within the past 12 months (42% and 9.5%, respectively) (ACHA, 2012). People engage in coping strategies when stressed that can affect their perceived psychological distress differently. Strategies associated with psychological flexibility (e.g., acceptance and behavioral activation) are associated with more positive outcomes (e.g., Ruiz, 2010; Sturmey, 2009), while psychologically inflexible strategies (e.g., suppression and avoidance) have been linked to greater psychological distress (e.g., Marcks & Woods, 2005; Hayes et al, 2006). Within the psychological flexibility model, few …

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Migraine Screening Among A Non-Clinical Sample, Ashli Brooke Walters Jan 2015

Migraine Screening Among A Non-Clinical Sample, Ashli Brooke Walters

Electronic Theses and Dissertations

Migraine is a commonly-occurring primary headache disorder that can be extremely disabling. Despite its prevalence and impact, migraine remains under-recognized and under-treated. The US Headache Consortium recommended validated screening measures as one way to improve headache diagnosis. Previous studies have sought to determine optimal symptom algorithms for differentiating migraine from other types of headache or to validate migraine screening measures, but few studies have attempted to do both. The current study attempted to statistically determine the most sensitive and specific symptoms for differentiating between migraine and other headache and validate the resulting symptom algorithm as a screening measure. Young adults …

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I Have Been Somewhere: Place In The South Carolina Poems Of Nikky Finney And Kwame Dawes, Purvis L. Cornish Jan 2015

I Have Been Somewhere: Place In The South Carolina Poems Of Nikky Finney And Kwame Dawes, Purvis L. Cornish

Electronic Theses and Dissertations

The following thesis focuses on the role of “place” in the poems of two black South Carolinian poets, Nikky Finney and Kwame Dawes. Borrowing from cultural and humanistic geographers’ myriad understandings of place, as well as philosophers’, I examine the ways in which Finney’s Rice and Dawes’s Wisteria function as meditations on and transmutations of the South Carolina low country in both its physical and non-physical dimensions, ultimately shedding light on historically silenced and marginalized emplaced realities. I also examine how Finney and Dawes employ different strategies of emplacement and their influence on the poems’ structure and meaning. In the …

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Accurate Computation Of Molecular Properties From Novel Applications Of Quantum Mechanical Wavefunction Methods, James Coleman Howard Jan 2015

Accurate Computation Of Molecular Properties From Novel Applications Of Quantum Mechanical Wavefunction Methods, James Coleman Howard

Electronic Theses and Dissertations

High-accuracy quantum mechanical (qm) wavefunction methods have been applied to compute molecular properties of weakly-bound clusters. This work focuses on both extending the applicability of robust theoretical methods to larger systems and also determining the inherent accuracy of ab initio methods when compared to experimentally measured properties. Described here is the development of an efficient many-body approach that offers the ability to reduce both the time and the computational resources normally required to compute these properties reliably. The n-body:many-body qm:qm technique has been extended to compute harmonic vibrational frequencies of clusters. Applying this methodology to small hydrogen-bonded clusters demonstrates that …

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Essays On Monopoly And Monopsony Under Imperfect Information, Matthew Philip Makofske Jan 2015

Essays On Monopoly And Monopsony Under Imperfect Information, Matthew Philip Makofske

Electronic Theses and Dissertations

No abstract provided.

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Material Melancholy: Stranded Objects In Modern Southern Women's Writing, James Travis Rozier Jan 2015

Material Melancholy: Stranded Objects In Modern Southern Women's Writing, James Travis Rozier

Electronic Theses and Dissertations

This dissertation traces the origins and uses of a specifically southern obsession with the past. Examining how southern women writers represent the compulsion to remember, I demonstrate how, in their narratives, efforts to retain intimate relationships with an idealized past obstruct characters' ability to live in the present. Their fiction aligns neatly with the dynamic described in psychoanalysis as 'melancholia’—not least because, in each case, these relationships with the past are typically ambivalent or even destructive, and the melancholic subjects must 'work through' their damaging attachments. Typical psychoanalytic approaches, however, have neglected how such troubled remembering might be influenced by …

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Cognitive Cleansing: Experimental Psychology And The Exclusionary Rule, Avani Mehta Sood Jan 2015

Cognitive Cleansing: Experimental Psychology And The Exclusionary Rule, Avani Mehta Sood

Faculty Articles

The exclusionary rule generally bars the use of illegally obtained evidence in a criminal case, regardless of the defendant's crime. However, using a combination of doctrinal analysis, social psychology theory, and original experimental data, this Article proposes a more cognitively complicated picture of how the rule may actually operate. In cases of egregious crime that people are highly motivated to punish, the exclusionary rule and its continually expanding exceptions present a fertile entry point for "motivated cognition," a psychological process through which decision makers unknowingly reason toward their desired outcomes, seemingly within the constraints of the law. In this series …

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Are Unions A Constitutional Anomaly?, Cynthia Estlund Jan 2015

Are Unions A Constitutional Anomaly?, Cynthia Estlund

Faculty Articles

This term in Friedrichs v. California Teachers Ass’n, the Supreme Court will consider whether ordinary public employees may constitutionally be required to pay an “agency fee,” as a condition of employment, to the union that represents them in collective bargaining. The Court established the terms of engagement in the 2014 decision Harris v. Quinn, which struck down an agency fee on narrower grounds while describing the current doctrine approving agency fees, blessed many times by the Court itself, as an “anomaly.” This Article asks whether labor unions are themselves anomalies in our legal system, particularly in their constitutional entitlements. Its …

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Voting Rights At 50, Samuel Issacharoff Jan 2015

Voting Rights At 50, Samuel Issacharoff

Faculty Articles

The fiftieth anniversary of the Voting Rights Act comes at a difficult juncture. The Supreme Court’s decision in Shelby County dismantled the core preclearance provisions of what had been the most successful civil rights law in American history. At the same time, the right to cast a ballot free of unnecessary legal encumbrances is more contested than it has been in generations. Yet, the story is more complex. The landscape of voter discrimination today bears little resemblance to the formalized Jim Crow barriers to the black franchise. Even before Shelby County, the Voting Rights Act struggled to keep up with …

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Death And Paperwork Reduction, Adam M. Samaha Jan 2015

Death And Paperwork Reduction, Adam M. Samaha

Faculty Articles

How does government value people’s time? Often the valuation is implicit, even mysterious. But in patches of the federal administrative state, paperwork burdens are quantified in hours and often monetized. When agencies do monetize, they look to how the labor market values the time of the people faced with paperwork. The result is that some people’s time is valued over ten times more than other people’s time. In contrast, when agencies monetize the value of statistical life for cost-benefit analysis, they look to how people faced with a risk of death subjectively value its reduction. In practice, agencies assign the …

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Overlooking Equality On The Road To Griswold, Melissa Murray Jan 2015

Overlooking Equality On The Road To Griswold, Melissa Murray

Faculty Articles

This year marks the fiftieth anniversary of Griswold v. Connecticut, the Supreme Court decision that famously articulated a right to privacy. As we celebrate Griswold, it is easy to overlook what preceded it—and what was surrendered in Griswold’s embrace of the right to privacy. In 1960, five years before Griswold reached the Supreme Court, Yale law professor Fowler V. Harper and civil rights attorney Catherine Roraback launched a series of federal challenges to Connecticut’s ban on contraceptive use and counseling. Like Griswold, these cases, Poe v. Ullman and Trubek v. Ullman, eventually reached the United States Supreme Court. The Court, …

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Market Effects Bearing On Fair Use, Jeanne C. Fromer Jan 2015

Market Effects Bearing On Fair Use, Jeanne C. Fromer

Faculty Articles

Copyright law, which promotes the creation of cultural and artistic works by protecting these works from being copied, excuses infringement that is deemed to be a fair use. Whether an otherwise infringing work is a fair use is determined by courts weighing at least four factors, one of which is the effect of the otherwise infringing work on the market for the copyrighted work. The Supreme Court's decision just over twenty years ago in Campbell v. Acuff-Rose Music, Inc. opened the door to a laudable analytical framework for the bearing of market effects on fair use. First, Campbell supports a …

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Contractual Solutions For Employment Law Problems, Richard A. Epstein Jan 2015

Contractual Solutions For Employment Law Problems, Richard A. Epstein

Faculty Articles

So the lesson should be clear. Empirical studies only matter if they seek to verify some theoretical proposition that relates to the efficiency of various labor markets. The substitution effects are theoretically of little importance in dealing with an assessment of the ADEA and similar statutes. What matters here is the first principle. The heavy burden falls on those who wish to regulate labor markets. With minimum wage and employment discrimination laws that burden has not been met. What we do have unfortunately is an ugly cycle. First, the government puts one set of restrictions in place, and it discovers …

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The End Of Another Era: Reflections On Daimler And Its Implications For Judicial Jurisdiction In The United States, Linda J. Silberman Jan 2015

The End Of Another Era: Reflections On Daimler And Its Implications For Judicial Jurisdiction In The United States, Linda J. Silberman

Faculty Articles

The Supreme Court’s decision in Daimler AG v. Bauman confirmed what the Court hinted at in its earlier decision in Goodyear Dunlop Tires v. Brown—that a corporation must be sued “at home” unless the claims being asserted relate to the corporation’s activity in the forum state. Together, the decisions put an end to an era of general jurisdiction jurisprudence in the United States. This Article highlights the impact of these decisions in both interstate and international cases. It examines related areas of jurisdictional doctrine that are likely to be affected, including new ways of defining and interpreting specific jurisdiction. It …

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The Evolution Of Relational Property Rights: A Case Of Chinese Rural Land Reform, Shitong Qiao, Frank K. Upham Jan 2015

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

Faculty Articles

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 …

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The Australian Alternative: A View From Abroad Of Recent Developments In Securities Class Actions, Samuel Issacharoff, Thad Eagles Jan 2015

The Australian Alternative: A View From Abroad Of Recent Developments In Securities Class Actions, Samuel Issacharoff, Thad Eagles

Faculty Articles

The United States, which has long been the primary destination for global securities litigation, has begun restricting access to its courts, making their discovery rules, threat of jury trial, and attorney compensation structures that are very favorable to plaintiffs harder to reach for foreign plaintiffs. After the Supreme Court’s decision in Morrison v. National Australia Bank, so-called "f-cubed" cases — involving foreign plaintiffs and foreign issuers of stock that are traded on foreign exchanges — are increasingly unwelcome in the United States. Furthermore, lower courts have responded enthusiastically to Morrison’s holding, further limiting foreign actors’ access to American courts. Effective …

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An Unapologetic Defense Of The Classical Liberal Constitution: A Reply To Professor Sherry, Richard A. Epstein Jan 2015

An Unapologetic Defense Of The Classical Liberal Constitution: A Reply To Professor Sherry, Richard A. Epstein

Faculty Articles

In my response, I undertake three interrelated tasks. The first is to make clear my own view on these substantive issues, and the second is to critique the alternative vision that Sherry tries to advance. The third is to call attention to the inability of progressive constitutionalists like Sherry to develop an alternative theory of their own — an inability Sherry herself acknowledges. At the outset, let me flag a point that I shall elaborate on later. As a matter of first principle I do take the position that a unified conceptual framework should apply to what are called economic …

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The Banality Of Racial Inequality, Richard R. W. Brooks Jan 2015

The Banality Of Racial Inequality, Richard R. W. Brooks

Faculty Articles

Book review of Reproducing Racism: How Everyday Choices Lock in White Advantage by Daria Roithmayr.

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Waivers Of Immunity And Congress's Power To Regulate Federal Jurisdiction—Federal-Tort Filing Periods As A Testing Case, Helen Hershkoff Jan 2015

Waivers Of Immunity And Congress's Power To Regulate Federal Jurisdiction—Federal-Tort Filing Periods As A Testing Case, Helen Hershkoff

Faculty Articles

This article examines an infrequently considered question in the literature about federal jurisdiction: whether Congress is subject to any constitutional constraint when it consents to being sued in federal court. Even assuming that the sovereign’s consent is a necessary condition to suit in federal court, this article argues that the waiver of immunity cannot confer jurisdiction in a manner or through a process that circumvents constitutional requirements. This question, narrow but important, has not received sustained attention in the otherwise voluminous literature on Congress’s power to regulate the jurisdiction of the federal courts. Most discussion engages with the problem of …

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The President And Immigration Law Redux, Adam B. Cox, Cristina M. Rodríguez Jan 2015

The President And Immigration Law Redux, Adam B. Cox, Cristina M. Rodríguez

Faculty Articles

In November 2014, President Obama announced his intention to dramatically reshape immigration law through administrative channels. Together with relief policies announced in 2012, his initiatives would shield nearly half the population of unauthorized immigrants from removal and enable them to work in the United States. These events have drawn renewed attention to the President’s power to shape immigration law. They also have reignited a longstanding controversy about whether constitutional limits exist on a central source of executive authority: the power to enforce the law. In using the Obama relief policies to explore these dynamics, we make two central claims. First, …

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A New Birth Of Freedom?: Obergefell V. Hodges, Kenji Yoshino Jan 2015

A New Birth Of Freedom?: Obergefell V. Hodges, Kenji Yoshino

Faculty Articles

The decision in Obergefell v. Hodges achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex. The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.” While Obergefell’s most immediate effect was to legalize same-sex marriage across the …

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Griswold's Criminal Law, Melissa Murray Jan 2015

Griswold's Criminal Law, Melissa Murray

Faculty Articles

This Symposium commemorates the fiftieth anniversary of Griswold v. Connecticut. In the fifty years since it was announced, Griswold’s logic has underwritten a broader commitment to reproductive rights—one that has expanded the right to contraception and secured a woman’s right to choose an abortion. Amidst these developments it is easy to overlook another aspect of Griswold’s history. Griswold also was part of a criminal law reform effort that sought to reimagine the state’s authority in the intimate lives of citizens and limit the use of criminal law as a means of enforcing moral conformity. In this regard, Griswold shares roots …

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Giving The Federal Circuit A Run For Its Money: Challenging Patents In The Ptab, Rochelle C. Dreyfuss Jan 2015

Giving The Federal Circuit A Run For Its Money: Challenging Patents In The Ptab, Rochelle C. Dreyfuss

Faculty Articles

In 2012, Congress changed the patent landscape in a crucial way. In an attempt to deal with the perception that low-quality patents and suits instituted by nonpracticing entities (“trolls”) were imposing a heavy tax on innovation, the legislature established the Patent Trials and Appeal Board (PTAB) to review the validity of patent claims under three new inter partes procedures. These procedures have proved extremely popular and startlingly effective at weeding out bad patents. But with a cancellation rate of close to 80% of the claims tried, the PTAB has been heavily criticized as a “death squad,” the place where patents …

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Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson Jan 2015

Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson

Faculty Articles

Cities across the country cities are experiencing rapid increases in gentrification: the influx of middle-class, usually white, residents into cities with large minority populations. Reversing a decades long trend of white flight out of urban city schools, a significant number of white middle-class gentrifiers are now also enrolling their children in urban city public schools. Local officials in many gentrifying cities value the renewed interest of middle-class white in urban public schools because it represents an opportunity to finally racially integrate urban public schools. Further, it also represents an opportunity to keep middle-class gentrifiers,and their tax dollars, from fleeing to …

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Client Choice For Indigent Criminal Defendants: Theory And Implementation, Stephen J. Schulhofer Jan 2015

Client Choice For Indigent Criminal Defendants: Theory And Implementation, Stephen J. Schulhofer

Faculty Articles

With rare exceptions, existing systems for effectuating the indigent criminal defendant’s right to counsel range from disappointing to scandalously inadequate. Inadequate funding, though always prominently mentioned, is often merely a symptom of a problem that weakens almost all indigent defense systems, whether poorly funded or not -- the fact that the indigent defendant is never permitted to select his own attorney. In previous articles, I argued that arguments against client choice are almost entirely bogus. The concept nonetheless drew little interest, but that situation recently changed when the Texas Indigent Defense Commission put the proposal into effect on a trial …

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From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle C. Dreyfuss, Susy Frankel Jan 2015

From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle C. Dreyfuss, Susy Frankel

Faculty Articles

In this paper, we examine the effects of the shift from quantitative to a qualitative solidification of the IP landscape. In the first two sections, we choose examples from these rather extensive agreements to demonstrate how the evolution of international lawmaking, which may well have started as a purposive response by post-industrial economies, is all too rapidly eclipsing incentive rationales for intellectual property protection. Using recent controversies over the working requirement and tobacco packaging, we next look at how commodification and assetization alter the debate over protecting creative output and to the loss of flexibility and diminished public access. While …

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Don't Ask, Must Tell—And Other Combinations, Adam M. Samaha, Lior Jacob Strahilevitz Jan 2015

Don't Ask, Must Tell—And Other Combinations, Adam M. Samaha, Lior Jacob Strahilevitz

Faculty Articles

The military’s defunct Don’t Ask, Don’t Tell policy has been studied and debated for decades. Surprisingly, the question of why a legal regime would combine these particular rules for information flow has received little attention. More surprisingly still, legal scholars have provided no systemic account of why law might prohibit or mandate asking and telling. While there is a large literature on disclosure and a fragmented literature on questioning, considering either part of the information dissemination puzzle in isolation has caused scholars to overlook key considerations. This Article tackles foundational issues of information policy and legal design, focusing on instances …

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The Bp Oil Spill Settlements, Classwide Punitive Damages, And Societal Deterrence, Catherine M. Sharkey Jan 2015

The Bp Oil Spill Settlements, Classwide Punitive Damages, And Societal Deterrence, Catherine M. Sharkey

Faculty Articles

The BP oil spill litigation and subsequent settlements provide an opportunity to explore a novel societal economic deterrence rationale for classwide supra-compensatory damages. Judge Jack Weinstein was a pioneer in the field of punitive damages class certification. In In re Simon II, he certified a nationwide punitive-damages-only class in a multijurisdiction, multidefendant tobacco lawsuit. Using Judge Weinstein’s innovations in In re Simon II as an analytical lens, the Article evaluates the future prospects for classwide punitive damages claims. Specifically, the Article considers how private litigants might adopt a societal damages approach in negotiating and achieving class action settlements. Class action …

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