Digital Commons Network^™

Law, Religion, And Culture Intertwined: A Case Study In The Development Of American Jewish Law, Mark Goldfeder

Scholarly Works

Law and religion share an underlying structure built on commandments and corresponding commitments. They also share a space in the formal regulation of a person's daily life. Oftentimes, they attempt to legislate in the same specific areas, and oftentimes they come to different final conclusions, or to similar conclusions, but for very different reasons. This article explores the concept of child support in Jewish and American law, respectively, noting how the standards that Jewish law courts impose are actually governed by the hybrid and sometimes competing claims of religious law, secular law, and contemporary cultural norms. In some times and …

Not All Dogs Go To Heaven: Judaism’S Lessons In Beastly Morality, Mark Goldfeder

Scholarly Works

This Essay examines the moral status of animals and the definition of humanity under traditional Jewish law, as contained in Biblical texts and commentaries by ancient and historical Jewish scholars. Examining whether animals are capable of moral behavior, it provides examples from various Judaic sources to support the idea that animals are capable of making conscious, moral choices. This Essay goes on to investigate the effect that morality has on the rights and rewards given to animals under Jewish law, and whether, as conscious moral actors, animals have souls. Turning more broadly to the definition of humanity, this Essay discusses …

Plans Are Not Enough, Michael Lewyn

Scholarly Works

Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Scholarly Works

No abstract provided.

An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves

Scholarly Works

The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.

Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman

Scholarly Works

The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace …

From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy

Scholarly Works

Academics and activists have frequently called for increased collaboration and communication between domestic violence and child welfare agencies as a means of more effectively responding to the impact of domestic violence on children and in recognition of the co-occurrence of domestic violence and child maltreatment. This Article reviews whether efforts based on the Greenbook and other initiatives calling for collaboration have led to any appreciable decrease in family violence. The Article finds evidence to suggest that there has not been significant improvement in the incidence or severity of family violence and more radical responses to family violence are needed. It …

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

Scholarly Works

Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which a test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers.

The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on …

Streaming While Teaching: The Legality Of Using Person Streaming Video Accounts For The Classroom, Jonathan I. Ezor

Scholarly Works

Educators are constantly seeking new sources of relevant material to illustrate doctrinal and practice topics. With the growing understanding of students’ different learning styles, as well as the expansion of high-speed network connections and large displays in the classroom, streaming video has begun gaining popularity as an educational tool. Films, television programs, and real-time and archived legislative and court sessions may provide examples (both positive and negative) to enhance pedagogy. One increasingly common source for streaming content is a commercial video provider such as Netflix, Amazon, and Hulu. Even where such providers do not offer educational or institutional services, educators …

Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz

Scholarly Works

This article discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, written by Justice Samuel A. Alito, Jr., the Court held that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and even for conspiring to give false testimony.

What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making, Patricia E. Salkin, Pamela Ko

Scholarly Works

The field of Health Impact Assessment is relatively new to the United States, but already a number of state and local governments are incorporating these assessments into land use planning and decision making. In five years, the use of HIA in the U.S. has increased dramatically with more than 100 HIAs completed or in progress in the U.S. from 2007 to 2010. This article provides a brief overview of HIA in the United States, describes how it is being used in other states with respect to land use decision making, and examines how HIA is starting to be incorporated into …

Shifting Diversity Perspectives And New Avenues For Representative Bureaucracy, Nicole M. Elias

Publications and Research

This work explores the meaning of diversity for bureaucratic representation. In light of the United States becoming an increasingly racially and ethnically diverse society, attitudes and approaches toward diversity are likewise shifting. It is important to consider the way we think and talk about diverse representation, which in turn, contributes to different actions and policies within federal agencies. To evaluate this process of meaning-making, federal policy seeking to increase representation in the following Executive Orders: 13078, 13163, 13171, 13518, 13548, and 13585 is analyzed. Prime emphasis is devoted to the most recent and comprehensive efforts, Executive Order 13583: Establishing a …

The Effect Of Personal Religiosity On Attitudes Toward Abortion, Divorce, And Gender Equality: Does Cultural Context Make A Difference?, Amy Adamczyk

Publications and Research

Across the globe, people differ considerably in their attitudes about abortion, divorce, and gender equality. These differences are reflected in the diversity of laws regulating divorce, penalties for women obtaining abortions, and differences in women's levels of political representation. While personal religious beliefs are often seen as having a significant role in shaping attitudes, economic development and political stability are also seen to be important predictors of attitudes about sexual morality and gender equality. This study draws on ideas from cultural sociology and the sociology of religion to address the interrelationship between personal religiosity and national cultural orientations to explain …

Burkean Framing Of The University Of Northern Iowa Budget Crisis, Joshua E. Young

Iowa Journal of Communication

Many studies have employed the use of Kenneth Burke's framing methodology to explain a plethora of communication events. Few, however, track changes in those frames. Of those studies tracking frame changes, none articulate how those changes happen through Burke's frames of transition. This essay uses previous scholarship and Burke's transition frames to explain framing of the 2009-2012 budget crisis at the University of Northern Iowa. Stake holders at UNI were faced with huge deficits and were forced to make cuts to remain financially solvent. Instead of framing the issue in the comic frame where the budget would have been seen …

Halls Aflame: An Account Of The Spontaneous Revivals At Asbury College In 1950 And 1958, Robert E. Coleman, Henry C. James, Paul Rader

Heritage Material

No abstract provided.

Food Availability Of Glucose And Fat, But Not Fructose, Increased In The Us Between 1970 And 2009: Analysis Of The Usda Food Availability Data System, Trevor J. Carden, Timothy P. Carr

Department of Nutrition and Health Sciences: Faculty Publications

Background: Obesity rates in the United States have risen consistently over the last four decades, increasing from about 13% of the population in 1970 to more than 34% in 2009. Dietary fructose has been blamed as a possible contributor to the obesity increase, although the consumption pattern of fructose and other key nutrients during this 40 year period remains a topic of debate. Therefore, we analyzed the USDA Loss-Adjusted Food Availability Database in combination with the USDA Nutrient Database for Standard Reference (Release 24) to determine whether fructose consumption in the US has increased sufficiently to be a casual …

Identification And Assessment Of Markers Of Biotin Status In Healthy Adults, Wei Kay Eng, David Giraud, Vicki L. Schlegel, Dong Wang, Bo Hyun Lee, Janos Zempleni

Department of Nutrition and Health Sciences: Faculty Publications

Human biotin requirements are unknown and the identification of reliable markers of biotin status is necessary to fill this knowledge gap. Here, we used an outpatient feeding protocol to create states of biotin deficiency, sufficiency and supplementation in sixteen healthy men and women. A total of twenty possible markers of biotin status were assessed, including the abundance of biotinylated carboxylases in lymphocytes, the expression of genes from biotin metabolism and the urinary excretion of biotin and organic acids. Only the abundance of biotinylated 3-methylcrotonyl-CoA carboxylase (holo-MCC) and propionyl-CoA carboxylase (holo-PCC) allowed for distinguishing biotin-deficient and biotin-sufficient individuals. The urinary excretion …

Polyphenols, Inflammation, And Cardiovascular Disease, Christy Tangney, Heather E. Rasmussen

Department of Nutrition and Health Sciences: Faculty Publications

Polyphenols are compounds found in foods such as tea, coffee, cocoa, olive oil, and red wine and have been studied to determine if their intake may modify cardiovascular disease (CVD) risk. Historically, biologic actions of polyphenols have been attributed to antioxidant activities, but recent evidence suggests that immunomodulatory and vasodilatory properties of polyphenols may also contribute to CVD risk reduction. These properties will be discussed, and recent epidemiological evidence and intervention trials will be reviewed. Further identification of polyphenols in foods and accurate assessment of exposures through measurement of biomarkers (i.e., polyphenol metabolites) could provide the needed impetus to examine …

Table Of Contents

Georgia Law Review

No abstract provided.

Collapsing Suspect Class With Suspect Classification: Why Strict Scrutiny Is Too Strict And Maybe Not Strict Enough, Sonu Bedi

Georgia Law Review

While scholarly work often analyzes the nature and scope
of the Court's tiers of scrutiny approach to enforcing
equality, this Article examines the underlying theory of
equal protection. This Article mounts a challenge to the
theory of higher scrutiny, and, in particular,strict scrutiny.
It seeks to analyze two questions: (1) What principles trigger
heightened scrutiny? and (2) Why does the Court need to
subject laws that discriminate on the basis of race to strict
scrutiny? The first question concerns the underlying theory
of equal protection doctrine: the "what" of higher scrutiny.
Scholarly work that seeks to answer this question rightly …

Textualism And Obstacle Preemption, John D. Ohlendorf

Georgia Law Review

Commentators, both on the bench and in the academy,
have perceived an inconsistency between the Supreme
Court's trend, in recent decades, towards an increasingly
formalist approach to statutory interpretation and the
Court's continued willingness to find state laws preempted
as "obstacles to the accomplishment and execution of the
full purposes and objectives of Congress'"--so-called
"obstacle preemption." This Article argues that by giving
the meaning contextually implied in a statutory text
ordinary, operative legal force, we can justify most of the
current scope of obstacle preemption based solely on
theoretical moves textualism already is committed to
making.
The Article first sketches …

Genetic Privacy & The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr

Georgia Law Review

Genetic privacy and police practices have come to the
fore in the criminal justice system. Case law and stories
in the media document that police are surreptitiously
harvesting the out-of-body DNA of putative suspects.
Some sources even indicate that surreptitious data
banking may also be in its infancy. Surreptitious
harvesting of out-of-body DNA by the police is currently
unregulated by the Fourth Amendment. The few courts
that have addressed the issue find that the police are free
to harvest DNA abandoned by a putative suspect in a
public place. Little in the nascent surreptitious harvesting
case law suggests that surreptitious …

Martinizingtitle I Of The Americans With Disabilities Act, Nicole B. Porter

Georgia Law Review

Prior to the ADA Amendments Act of 2008, relatively
few cases proceeded past the initial inquiry of whether the
plaintiff was covered by the ADA. Consequently, the scope
of an employer's obligation to provide a reasonable
accommodation to an individual with a disability remains
under-developed and under-theorized. Now that the
Amendments have made it easier for plaintiffs to prove
that they have a disability under the ADA, we can expect
to see more courts struggling with many difficult
reasonable accommodation issues. The current case law is
chaotic, providing little guidance to employers and courts
in determining whether an accommodation is …

A Feather On One Side, A Brick On The Other: Tilting The Scale Against Males Accused Of Sexual Assault In Campus Disciplinary Proceedings, Barclay S. Hendrix

Georgia Law Review

On April 4, 2011, the Department of Education's Office
of Civil Rights issued a "Dear Colleague" letter regarding
Title JX's applicability to sexual violence on college
campuses. This letter was sent to every college or
university receiving federal funding and instructed
recipients on how to meet their legal obligations. Some of
the most important changes in the letter pertained to how
schools must conduct their grievance procedures in
adjudicatingsexual assault claims. First, the 2011 letter
requires that schools use a preponderance of the evidence
standard to determine the accused's guilty or innocence.

Second, the letter strongly discourages schools from
allowing …

War Of The Words: Why False Statements Should Be Guaranteed First Amendment Protection, Virginia R. Priddy

Georgia Law Review

In Haley v. State, the Georgia Supreme Court upheld
the conviction of Andrew Scott Haley for making a false
statement. Haley created a username and posted videos to
the Internet in which he claimed to have committed a
series of murders, goading his audience to try to solve the
"mysteries." Haley was convicted under a Georgia statute
that proscribes the making of a false statement within the
jurisdiction of an agency or department of state of Georgia.
After discussing the historical legal and philosophical
underpinnings of the First Amendment right to free
speech, this Note argues that the Georgia statute …

Table Of Contents

Georgia Law Review

No abstract provided.

Foreword, Ray Persons

Georgia Law Review

Thank you to the Georgia Law Review and the University of
Georgia School of Law for inviting me to discuss evidence reform
in the State of Georgia. As a trial lawyer, it is both an honor-and
a daunting task-to address such a distinguished group of
evidence scholars as have gathered here today.
More than 150 years ago, the author of Georgia's first evidence
code, Judge David Irwin, began with a simple principle: "The
object of all legal investigation is the discovery of truth."2 If that is
so, and I believe that it is, then an evidence code is a lens …

The Modern Trial And Evidence Law: Has The "Rambling Altercation" Become A Pedantic Joust?, Daniel D. Blinka

Georgia Law Review

This Article places the relationship between evidence
rules and the modern trial in a historical context. The
trial's foundation is in popular culture-lay witnesses
testifying before a lay jury. Eighteenth-century trials were
a "rambling altercation" between the defendant and his
accusers-unruly (literally), unstructured, very brief, and
less concerned with the "truth"than a socially acceptable
judgment. The modern trial's emergence in the nineteenth
century coincided with the professionalization of law, the
active involvement of lawyers as advocates, and the
sprouting of evidence rules to regulate both lawyers and
lay juries. Nonetheless, evidence law accommodated
prevailing lay culture in order to foster …

The Withering Away Of Evidence Law: Notes On Theory And Practice, Robert P. Burns

Georgia Law Review

The plausibility of evidentiary regimes depends on more
basic understandings of the nature of the trial. 'Tough-
minded" evidence scholars may sometimes be reluctant to
concede the importance of more "tender-minded"
normative inquiries into the trial. Some implicit ideals of
evidence law, such as factual accuracy, are relatively
constant among theories of the trial, while others, such as
materiality, are significantly affected by the choice among
competing theories. This Article identifies the dominant
theory of the trial and then suggests an alternative. It
then offers a number of grounds for further relaxing the
exclusionary force of evidence law and for …

Judicial Gatekeeping Of Suspect Evidence: Due Process And Evidentiary Rules In The Age Of Innocence, Keith A. Findley

Georgia Law Review

The growing number of wrongful convictions exposed
over the past two-and-a-half decades, and the research
that points to a few recurring types of flawed evidence in
those cases, raise questions about the effectiveness of the
rules of evidence and the constitutional admissibility
standards that are designed to guard against unreliable
evidence. Drawing on emerging empirical data, this
Article concludes that the system can and should be

adjusted to do a better job of guarding against undue
reliance on flawed evidence. The Article first considers the
role of reliability screening as a constitutional concern.
The wrongful convictions data identify what might …