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Articles 1 - 26 of 26
Full-Text Articles in Law
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Vanessa Baird, Tonja Jacobi
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Vanessa Baird, Tonja Jacobi
Duke Law Journal
No abstract provided.
The Status And Future Of Government Documents, James T. Shaw
The Status And Future Of Government Documents, James T. Shaw
Criss Library Faculty Proceedings & Presentations
Depository libraries have traditionally enjoyed a pretty sweet deal—we receive free copies of documents in return for space, processing, and staff to help people use them. Depository libraries have served as key players in two areas of public policy: 1) public access to government information for the needs of today; and 2) widespread distribution of documents helps them survive to form a historical record.
Conceptualizing Aggression, Noah Weisbord
Conceptualizing Aggression, Noah Weisbord
Duke Journal of Comparative & International Law
No abstract provided.
Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson
Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson
Published Reports
In 2009, workers and their families across the country felt the impact of serious economic downturn, with unemployment reaching a 26-year high. While recent news suggests things may be improving, we cannot forget that for many low-wage and hourly workers -- who now represent over a quarter of the U.S. workforce -- the recession only exacerbated their ongoing struggle to hold down quality jobs while caring for their families.
Low-wage workers face many of the same challenges that the rest of us face in reconciling our work, family and personal lives, but for many of these workers, it's simply a …
Enabling Responsible Public Genomics, John M. Conley, Daniel B. Vorhaus, Adam K. Doerr
Enabling Responsible Public Genomics, John M. Conley, Daniel B. Vorhaus, Adam K. Doerr
John M Conley
As scientific understandings of genetics advance, researchers require increasingly rich datasets that combine genomic data from large numbers of individuals with medical and other personal information. Linking individuals’ genetic data and personal information precludes anonymity and produces medically significant information—a result not contemplated by the established legal and ethical conventions governing human genomic research. To pursue the next generation of human genomic research and commerce in a responsible fashion, scientists, lawyers, and regulators must address substantial new issues, including researchers’ duties with respect to clinically significant data, the boundary between genomic research and commerce and the practice of medicine, and …
Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols
Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Peter NIchols, Trout, Raley, Montano, Witwer & Freeman, Denver, CO
28 slides
Unlearning Fear Out-Group Others, Terry A. Maroney
Unlearning Fear Out-Group Others, Terry A. Maroney
Law and Contemporary Problems
Maroney describes a neuroscientific fear-extinction study as preliminary evidence supporting the notion that out-group hostilities might be influenced by biological predispositions. In the fear-extinction study, subjects were conditioned to fear the presentation of black or white faces with the introduction of an electric shock when such faces appeared on a screen. Then the experimenters stopped using the shock when that race's faces appeared on the screen. Subjects' fear was extinguished much more effectively when the subject was conditioned to fear faces of individuals of her own race than when the subject was conditioned to fear faces of individuals of another …
Policy Coordination: The Solicitor General As Amicus Curiae In The First Two Years Of The Roberts Court, Ryan Juliano
Policy Coordination: The Solicitor General As Amicus Curiae In The First Two Years Of The Roberts Court, Ryan Juliano
Cornell Journal of Law and Public Policy
No abstract provided.
Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White
Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White
Law and Contemporary Problems
White discusses the socio-psychological research that suggests humans invest significant emotional stake in "face"--or their "claimed identity as a competent, intelligent, or moral persons"--and apologize only when they can do so without significant "face threat." Criminal offenders, many of whom are likely to be low on self-determination, may resist apology to victims out of psychological fragility and the psychological need to preserve face rather than lack of remorse. Thus, the criminal-justice system should be cautious about punishing offenders more harshly because they fail to show external remorse--or even when they are openly defiant. This caution should be exercised whether the …
Can Effective Apology Emerge Through Litigation?, Alphonse A. Gerhardstein
Can Effective Apology Emerge Through Litigation?, Alphonse A. Gerhardstein
Law and Contemporary Problems
Gerhardstein provides a number of examples in which the factors identified by Roger Conner and Patricia Jordan--ripeness, a window of opportunity, and a symbolic act or gesture--came together to facilitate apology by a public leader. But he doesn't think that the window of opportunity needs to be exogenously determined. Rather, advocates can, through litigation and settlement demands, create that window. He believes that apology by public officials can do more to promote healthy civic society than can mere monetary settlement.
Examining The Applicability Of The Concepts Of Apology, Forgiveness, And Reconciliation To Multi-Stakeholder, Collaborative Problem-Solving Processes, Jennifer Pratt Miles
Examining The Applicability Of The Concepts Of Apology, Forgiveness, And Reconciliation To Multi-Stakeholder, Collaborative Problem-Solving Processes, Jennifer Pratt Miles
Law and Contemporary Problems
In 2004, Meridian Institute, an organization with expertise in designing, facilitating, and mediating collaborative problem-solving processes, was asked to assess the feasibility of forming collaborative, community-based-watershed groups in northern New Mexico to develop plans to address water-quality problems and--if determined to be feasible--to facilitate the formation of those groups and plans. Early in the assessment process it became clear that the historical context was critically important and was one of the factors that had to be addressed. Here, Miles explores the applicability of apology, forgiveness, and reconciliation to a collaborative group process that can be examined through the example of …
Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan
Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Never Being Able To Say You’Re Sorry: Barriers To Apology By Leaders In Group Conflicts, Roger Conner, Patricia Jordan
Never Being Able To Say You’Re Sorry: Barriers To Apology By Leaders In Group Conflicts, Roger Conner, Patricia Jordan
Law and Contemporary Problems
Conner and Jordan discuss three implications of the foregoing analysis for leaders, peacemakers, and scholars interested in apology as an instrument to advance justice, prevent destructive conflict, and promote cooperation. First, an effective apology is likely to occur only after other changes have "softened up" negative attitudes between the groups--referred to here as "ripeness." Second, even with a degree of ripeness, apology is unlikely without a "window of opportunity," a confluence of circumstances that permits the leader to limit the scope of the apology so as not to concede too much. Third, even if these conditions are satisfied, words alone …
A Survery Of Western United States Instream Flow Programs And The Policies That Protect A River's Ecosystem, Kyle Jackson
A Survery Of Western United States Instream Flow Programs And The Policies That Protect A River's Ecosystem, Kyle Jackson
Department of Environmental Studies: Undergraduate Student Theses
The Western United States can best be described as a vast, varying land, with the high plains to the east and the jagged horizons of Rockies to the west. However there is one common trait shared by these states: the lack of water resources. With the continued development of this land, the fact that water is scarce is becoming more real. This issue became more difficult to handle as the public became more aware that many competing uses existed for the finite resource, and those different uses were degrading the natural environments of the surface waters. With this realization instream …
The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Duke Law Journal
Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.
Are Empiricists Asking The Right Questions About Judicial Decisionmaking?, Jack Knight
Are Empiricists Asking The Right Questions About Judicial Decisionmaking?, Jack Knight
Duke Law Journal
No abstract provided.
Are Appointed Judges Strategic Too?, Joanna M. Shepherd
Are Appointed Judges Strategic Too?, Joanna M. Shepherd
Duke Law Journal
The conventional wisdom among many legal scholars is that judicial independence can best be achieved with an appointive judiciary; judicial elections turn judges into politicians, threatening judicial autonomy. Yet the original supporters of judicial elections successfully eliminated the appointive systems of many states by arguing that judges who owed their jobs to politicians could never be truly independent. Because the judiciary could function as a check and balance on the other governmental branches only if it truly were independent of them, the reformers reasoned that only popular elections could ensure a truly independent judiciary. Using a data set of virtually …
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Duke Law Journal
Empiricists routinely explain politically sensitive decisions of the U.S. federal courts through the party of the executive or legislature appointing the judge. That they can do so reflects the fundamental independence of the courts. After all, appointment politics will predict judicial outcomes only when judges are independent of sitting politicians. Because Japanese Supreme Court justices enjoy an independence similar to that of U.S. federal judges, I use judicial outcomes to ask whether Japanese premiers from different parties have appointed justices with different political preferences. Although the Liberal Democratic Party (LDP) governed Japan for most of the postwar period, it temporarily …
Benefits Of Integrated Programs Over Non-Integrated Programs, Rebecca Flanagan
Benefits Of Integrated Programs Over Non-Integrated Programs, Rebecca Flanagan
Faculty Publications
I do see hybrid teaching as the ASP model of the future. It is not a method that will be adopted by all schools, and it will certainly take time, and analysis, to refine the model to fit the student and school culture. Success is always a work in progress, but can only be achieved once you step from your comfort zone and try a new method.
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.
Constructing A Legal And Managerial Paradigm Applicable To The Modern-Day Safety And Security Challenge At Colleges And Universities, Oren R. Griffin
Constructing A Legal And Managerial Paradigm Applicable To The Modern-Day Safety And Security Challenge At Colleges And Universities, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
This Article focuses on campus safety and security in higher education. In light of the numerous stakeholders in higher education that include faculty, law enforcement professionals, higher education lawyers, state and federal officials, and institutional administrators, this Article examines legal and policy considerations that should influence how colleges and universities respond to protect the campus community and safeguard the educational environment. In particular, the Article discusses the Incident Command System and the impact this management approach has had on the development of an organizational framework to manage emergency incidents. The Article also reviews selected case law regarding campus safety and …
Research In International Commercial Arbitration: Special Skills, Special Sources, S. I. Strong
Research In International Commercial Arbitration: Special Skills, Special Sources, S. I. Strong
Faculty Publications
Experts agree that international commercial arbitration relies far more heavily on written advocacy than litigation does, yet very few practitioners and arbitrators have ever received any specialized training in how to research and present written arguments in this unique area of law. Newcomers to the field are particularly disadvantaged, since the legal authorities used in international commercial arbitration are unique and novices often do not know how to find certain materials, if they are even aware that these items exist. This article helps deepen the understanding of the practice of international commercial arbitration by describing how experienced international advocates and …
Beyond Bidil: The Expanding Embrace Of Race In Biomedical Research And Product Development, Jonathan Kahn
Beyond Bidil: The Expanding Embrace Of Race In Biomedical Research And Product Development, Jonathan Kahn
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Pharmacogenomics And The Genetic Information Nondiscrimination Act Of 2008: Legislation Limitations And Its Impact On Pgx Research And Clinical Opportunity, Amanda Tessmer
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Regulating Conflicts Of Interest In Research: The Paper Tiger Needs Real Teeth, Jesse A. Goldner
Regulating Conflicts Of Interest In Research: The Paper Tiger Needs Real Teeth, Jesse A. Goldner
Saint Louis University Law Journal
No abstract provided.
Pitfalls In Patenting Publicly Funded Research - Comments On Draft South African Regulations, Matthew Herder, Cynthia M. Ho
Pitfalls In Patenting Publicly Funded Research - Comments On Draft South African Regulations, Matthew Herder, Cynthia M. Ho
Articles, Book Chapters, & Popular Press
South Africa recently enacted legislation similar to the US. Bayh-Dole Act, which permits publicly funded institutions to obtain patent rights in hopes that the patent incentive will foster commercialization, as well as generate revenues to the funded institutions and scientists. While enacting analogs to Bayh-Dole seems presently in vogue, there are definitely concerned about the original legislation that have been voiced. When South Africa recently published proposed guidelines implementing its version of Bayh-Dole, it broadly opened up the opportunity for public comments. The attached paper discusses some of concerns, including problems with delaying timely knowledge dissemination and the need to …