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2009

Faculty Publications By Year

Articles 1 - 15 of 15

Full-Text Articles in Law

Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo Dec 2009

Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss Sep 2009

Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.


Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss Jul 2009

Using The Internet To Save On Legal Research Costs, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.


Academic Achievers, Meg Butler May 2009

Academic Achievers, Meg Butler

Faculty Publications By Year

No abstract provided.


A Biological Approach To Understanding Resistance To Apology, Forgiveness, And Reconciliation In Group Conflict, Douglas H. Yarn, Gregory Todd Jones Mar 2009

A Biological Approach To Understanding Resistance To Apology, Forgiveness, And Reconciliation In Group Conflict, Douglas H. Yarn, Gregory Todd Jones

Faculty Publications By Year

This article introduces a biological approach to understanding resistance to apology, forgiveness, and reconciliation in intergroup conflict. To start with, reconciliation takes place at the level of the individual. To understand resistance to group reconciliation, one must understand why individuals resist reconciliation. In turn, one must understand how membership in the group affects individual resistance. This article first examines the behaviors that promote or discourage reconciliation. Using evolutionary biology and game theory, we illustrate how the strategic dynamics of dyadic interaction tend to favor these behaviors and derive a schema relevant to a reconciliatory cycle. We then explore how the ...


Partners In Law, Meg Butler Feb 2009

Partners In Law, Meg Butler

Faculty Publications By Year

No abstract provided.


Is It Cheating To Use Cheetahs?: The Implications Of Technologically Innovative Prostheses For Sports Values And Rules, Patricia J. Zettler Jan 2009

Is It Cheating To Use Cheetahs?: The Implications Of Technologically Innovative Prostheses For Sports Values And Rules, Patricia J. Zettler

Faculty Publications By Year

This Article uses the case of Oscar Pistorius – the South African runner and amputee who competed with blade-like, lower-leg prostheses – to analyze how the International Association of Athletic Federations (IAAF), the world governing body of track and field, should regulate elite athletes’ use of innovative prostheses. The Article argues that the Court of Arbitration of Sport correctly decided that Pistorius should be permitted to compete in able-bodied competitions, but that the IAAF rule on which the decision was based failed to account for the full range of sports values implicated by the use innovative prostheses. The Article proposes that IAAF ...


Signaling And Plea Bargaining's Innocence Problem, Russell D. Covey Jan 2009

Signaling And Plea Bargaining's Innocence Problem, Russell D. Covey

Faculty Publications By Year

The dominant theoretical model of plea bargaining predicts that, under conditions of full information and rational choice, criminal cases should uniformly be settled through plea bargaining. That prediction holds for innocent and guilty defendants alike. Because it is perfectly rational for innocent defendants to plead guilty, plea bargaining might be said to have an "innocence problem." Plea bargaining's innocence problem is, at bottom, the result of a signaling defect. Innocent defendants lacking verifiable innocence claims are pooled together with guilty defendants who falsely proclaim innocence. As a result, both groups of defendants are treated similarly at trial and in ...


The Implications Of Post-Phase 1 And "Off-Label" Treatment Use Of Experimental Drugs: How Expansive Should Expanded Access Be?, Patricia J. Zettler Jan 2009

The Implications Of Post-Phase 1 And "Off-Label" Treatment Use Of Experimental Drugs: How Expansive Should Expanded Access Be?, Patricia J. Zettler

Faculty Publications By Year

No abstract provided.


Post-Mortem Sperm Retrieval And The Social Security Administration: How Modern Reproductive Technology Makes Strange Bedfellows, Mary F. Radford Jan 2009

Post-Mortem Sperm Retrieval And The Social Security Administration: How Modern Reproductive Technology Makes Strange Bedfellows, Mary F. Radford

Faculty Publications By Year

This article was prepared in conjunction with the Thurgood Marshall School of Law March, 2009 symposium on "Emerging Issues in Estate Planning, Probate & Trust Law." The article examines a relatively new assisted reproduction technique through which the sperm of a man who has recently died is retrieved after his death, cryopreserved, and then later used by a woman (spouse, partner, or other) to produce a child. While much has been written about posthumously-conceived children (children conceived from sperm that were banked by the father while he was alive), there has to date been little examination of the ramifications of post-mortem ...


Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall Jan 2009

Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall

Faculty Publications By Year

The academic and political debate over judicial activism has been based on the overriding but patently false assumption that the Supreme Court’s performance can be measured by examining the results that it reaches in constitutional cases. When scholars and politicians equate judicial activism with judicial invalidation of the works of the political branches or the reversal of precedent, however, these commentators don’t reveal anything different than would a pure descriptive account of the Court’s decision and rationale. Moreover, the judicial activism debate is unhelpful because the ambiguous sources of constitutional interpretation cannot privilege fundamental baselines or generate ...


Shades Of Brown, Charles A. Marvin Jan 2009

Shades Of Brown, Charles A. Marvin

Faculty Publications By Year

No abstract provided.


Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham Jan 2009

Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.


Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito Jan 2009

Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito

Faculty Publications By Year

The Universal Declaration of Human Rights represents a remarkable expansion in the recognition of the fundamental rights of all peoples. Nonetheless, consensus on the implementation of these rights is elusive. Two commonly referenced obstacles to achieving such a consensus are: (1) the United States’ practice of unilaterally exempting itself from international human rights treaties, i.e., American exceptionalism; and (2) resistance from those who see the international human rights movement as a means of imposing Western values on non-Western cultures. Considering these as related issues, both deriving from the Eurocentric nature of contemporary international law, this essay suggests that a ...


A Call To Action For The Legal Academy, Wendy F. Hensel Jan 2009

A Call To Action For The Legal Academy, Wendy F. Hensel

Faculty Publications By Year

No abstract provided.