Catalog: Digital Commons at Pace - New Repository Articles
Upholding a 40-Year-Old Promise: Why the Texas Sonogram Act is Unlawful According to Planned Parenthood v. Casey
This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is unconstitutional because it: (1) requires the delivery of misleading, untruthful and irrelevant information; (2) unconstitutionally hinders women’s decision-making liberty; and (3) poses a substantial obstacle for a large fraction of the relevant group of women affected by the regulation.
False Persuasion, Superficial Heuristics, and the Power of Logical Form to Test the Integrity of Legal Argument
This Article will generally describe philosophical logic, logical form, and logical fallacy. Further, it will explain one specific logical fallacy—the Fallacy of Negative Premises—as well as how courts have used the Fallacy of Negative Premises to evaluate legal arguments. Last, it will explain how lawyers, judges, and law students can use the Fallacy of Negative Premises to make and evaluate legal argument.
Social Insecurity: A Modest Proposal for Remedying Federal District Court Inconsistency in Social Security Case
This Article addresses a relatively narrow but consequential problem in the system: the inadequacy of federal judicial resolution of appeals from the denial of Social Security disability benefits. It addresses the problem with an equally narrow, and hopefully equally consequential, solution: granting a published district court decision in such a case the power of binding precedent with respect to the judicial district in which the opinion is issued. In so doing, greater uniformity, consistency, fairness, and efficiency would be brought to a process that is badly in need of all.
The Article proceeds in five parts. Part I provides some brief background on binding precedent in the court system generally. With that background in mind, Part II surveys the Social Security disability process, summarizing its basic structure. Part III then transitions into a discussion of the federal courts’ role in the process, focusing on the problems afflicting their decisions: inconsistency, lack of appellate guidance, unfairness, unpredictability, and inefficiency. To solve those problems, Part IV proposes imbuing all published federal district court opinions in Social Security appeals with the force of binding law with respect to all other judges in the district. Finally, Part V applies the proposal, demonstrating how this reform would help deal with each of the flaws in the process.
This Article begins by identifying and drawing the outline of this previously unrecognized source of law: technology-made law. It then focuses on one paradigmatic case: changes in the meaning of “zero” and the closely related concept of a mathematical limit (for example a speed limit). It defines “zero” and demonstrates its explicit and implicit uses in law. It then posits that there are two ways to interpret a law involving a technological limit: a technology-static approach, in which comparisons are made using the technology available at the time the law was enacted, and a technology-dynamic approach, in which comparisons are made using the technology available at the time compliance is determined. It then sets the stage for a comparison of these approaches by surveying the sources of authority for making law. The approaches are then compared using examples of the type of law which should be interpreted under the technology-static rubric (vehicle speed limits) and the type of law which should be interpreted under the technology-dynamic rubric (environmental law). The analyses are then compared so as to extract a set of principles that should aid in resolution of the question (static or dynamic interpretation) in other cases. Finally, it offers a generalized theory of how problems of technology-made law can be minimized and how they should be addressed in circumstances where they have not been avoided.
Affluent Populations and Their Effect on Biological Diversity through the Consumption of Meat, Electronics, and Motor Vehicles
The human has caused a far greater impact on the planet's biodiversity than any other species in existence, due to the impact of population, afflluence, and technology. This thesis will argue the importance of biological diversity and how affluent populations are reducing biodiversity through the consumption of meat, electronics, and motor vehicles. Aldo Leopold's "The Land Ethic" and Herman Daly's "The Impossibility Theorem", among others, create a rubric evaluating human activities and provide alternative views on economic impossibilities. Consumption is reviewed from an ecocentric perspective, a holistic outlook placing emphasis on the ecosystem. The reader will become cognizant of their impact through a presentation of these product's life cycles and its impacts. The literature review is complemented by a minor piece of social research in the form of a one-on-one interview with a Pace University economics professor.
This article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. The article merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.
Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, constant fear of wildfires, lack of water in residential, commercial, and agricultural areas, and real concerns with mudslides in vulnerable areas. Cumulatively, these changes are causing a reverse economic bubble associated with land use that mirrors the effect of the infamous housing bubble of 2008, but is potentially much more harmful to the nation.
Much of the article consists of local case studies demonstrating these adverse economic effects. It then points out that these effects are being accounted for in the private sector while public regulation is stunted by concerns over the per se takings doctrine established in the case of Lucas v. South Carolina Coastal Council. The article examines the lawyer’s role in assisting real estate purchasers with their due diligence duties under the historical doctrine of caveat emptor. It argues that this duty includes the consideration of present but also emerging property conditions and how those conditions are accounted for in the casualty insurance and mortgage industries and by real estate appraisers.
As the private market adapts to climate change, new building techniques and locational preferences for new construction are emerging, evidencing strategic adaptation to increasingly evident risks associated with climate change. The article concludes with a reflection on how these private market realities should influence land use and environmental regulation, particularly local land use controls.
This article explores the health risks associated with added sugar. It then examines how, if at all, sugar should be regulated, by considering tobacco regulation as a possible model. Part I identifies the health risks of sugar consumption. Part II examines the reasons why sugar is added to so much of our food supply. Part III provides an overview of tobacco regulation, including educational initiatives, warning labels, advertising restrictions, age limitations, and taxes. Finally, Part IV provides a framework for sugar regulation, suggesting that most of the foregoing laws designed to discourage tobacco use should, with the exception of age restrictions and with appropriate modifications, be applied to products with large quantities of added sugar. Part IV also suggests regulatory changes within the FDA to remove sugar's classification as a substance that is “generally recognized as safe (GRAS).In addition to looking solely at sugar, Part IV also takes a broader look at how food policy can shift to improve the overall food supply in ways that enhance consumer choice, and proposes the appointment of an independent National Director of Food, who would have sufficient authority to help neutralize the impact that the food lobby has on food supply.
Research shows that early childhood relationships affect later relationships across the lifespan, in various configurations of familial relationships and social networks. The theory of infant-caregiver attachment has been applied to many areas of subsequent research, including that of adult attachment, and attachment-based psychotherapy. This study examines a clinical case, illustrating the therapeutic process and the subjective experience of both patient and therapist through the lens of attachment theory. An analysis of the clinical data suggests that the therapist's own attachment style may have impacted the treatment. The patient gained awareness and insight, and began to recognize her own attachment needs; however the therapist could have placed more explicit emphasis on collaborative nature of the work, and could have highlighted the patient's underlying emotional needs. A focus on the patient's resistance and fear surrounding the discussion of attachment anxieties may have better facilitated a change in her internal working models to a more secure attachment orientation.^
Research has shown us that psychological assessments are a valuable tool to be utilized in the process of diagnosis and treatment planning for psychotic disorders. Performance-based measures have been found to contribute valuable information to aid in the diagnostic process, and to clarify and distinguish the nature of psychotic thinking. The purpose of this research has been to determine the utility of a new scale which draws upon variables from the Rorscach Inkblot Test, the Reality-Fantasy Scale. This scale relies upon the concept of potential space as described by Winnicott to understand how an individual's ability to maintain tension between reality and fantasy will contribute to their experience of or vulnerability to psychotic symptoms. The present study aimed to explore the differential diagnostic utility of the RFS in measuring the presence of psychotic thinking in children. This study was conducted with an archival sample of children in an inpatient psychiatric hospital. Children ranging in age from 6 to 12 were identified as demonstrating psychotic symptoms through a combination of procedures that include parent ratings, therapist ratings, chart diagnosis, and diagnostic interviews, as well as measures of cognitive and attentional functioning. The RFS yields two scores: a Mean score, which measures an individual's overall tendency towards reality- or fantasy-bound thinking, and a Standard Deviation score, which measures the variability in an individual's responses. The relationship between the Mean and Standard Deviation scores of the RFS and these other commonly used assessment methods were examined, in order to confirm its utility in identifying the presence of psychotic symptoms associated with a variety of diagnostic classifications. This study aimed to validate this new index of Rorschach variables for the purpose of more accurately and reliably distinguishing children with psychotic symptoms from other children.^ As expected, findings indicated that the RFS Mean was highly correlated with indices on the Rorschach which are typically relied upon to assess problems with thinking. These data indicate that the RFS Mean is an effective tool for assessing the presence of persistent features of psychotic thinking as demonstrated through Rorschach responses. Findings also indicated that a larger degree of variability on the RFS scale, as measured by the RFS SD, is correlated with a higher likelihood that psychotic features are present, when examined in a child population. The RFS SD was also significantly correlated with other variables within the Rorschach which are typically considered markers of vulnerability to psychotic thinking, as well as other reliable indicants of psychosis such as specific scales on the PIC-2 and DSMD, as well as chart diagnosis and structured interview results. However, the data do not indicate that either score, the RFS mean or variability, are independently as strong as other existing indicators of psychosis. While the findings of this study do not support the use of RFS Mean or SD on their own as diagnostic tools for determining the presence of a psychotic disorder, the data do support the use of this scale as one piece of evidence that can be used in a more comprehensive battery in order to conduct a thorough differential diagnosis, as well as detect the presence of vulnerabilities to these psychotic experiences.^
Perceived Social Support and Cognitive Readiness to Parent as Predictors of Attachment, Parenting Style, and Parenting Stress: A Comparative Study of Adult and Adolescent Mothers
This study explores the differences between adult and adolescent mothers on attachment, parenting style, and parenting stress. It also explores whether cognitive readiness to parent and perceived social support are able to predict attachment, parenting style, and parenting stress. Participants included 100 mothers, 67 of whom were adult mothers and 33 were adolescent mothers. Findings indicated that in comparison to adult mothers, adolescent mothers report more security within their attachment to their children, tend to utilize more permissive parenting, and report more parenting stress. Significant differences were found between adult and adolescent mothers on cognitive readiness to parent and perceived social support, but these constructs did not predict the outcome variables. Clinical implications of these findings are discussed.^
Adventure tourism management is one of the fastest growing sectors in the tourism market, and while much is known about the rapid expansion of this niche as well as the consumers of it, little is known about its management side. This study seeks to discover why managers enter this industry and what keeps them here, while also gathering demographic data. The data gathered from this study will help flesh out the little information there currently is about the managerial aspect of the industry. The results of this study can be used to better recruit and train future employees, a vital aspect for such an expansive industry. To gather the data necessary for this study, a questionnaire was sent out to adventure tourism operators around the globe. The most vital questions from this asked respondents what caused them to enter to industry, what keeps them in the industry, and what factors they rank as their top reasons for choosing their current job. The results of this study show that the answer to the question “Why do managers enter the adventure tourism industry?” is in fact, the industry. Individuals flock to this industry because of their love of adventure activities, their desire to travel, and the fun associated with the industry. This study also illustrated that managers stay with the industry because they enjoy their jobs and the industry they’re in. The data gathered also helps show that many entrepreneurs in the industry can be classified as lifestyle entrepreneurs. This research has gathered previously unknown insights to the industry. The data gathered shows the driving factors behind those running the industry, and helps shed light on what could be done to further improve the work they do.
Evangelical Christians are taking short-term mission trips in ever increasing numbers, with several billion dollars a year invested in these efforts. This thesis set out to understand if there was a gender difference in the motivations of young evangelical men and women, ages 14-25, who participate in short-term mission trips. Using historical perspectives on missions and functionalism, this thesis explores the motivations of recent short-term missionaries. I expected a large difference between the genders based on historical narratives of men and women missionaries, as well as my own experience in missions. However, after interviewing seventeen people, ten women and seven men, I discovered that men and women participated because of similar motivations, for example social and understanding motivations. Therefore, I argue in this paper that gender does not significantly impact motivations of evangelical Christian short-term missionaries, ages 14-25, because the qualitative data collected yielded nearly equal functional motivations for men and women. I also argue that short-term missions have several systemic issues that were revealed in studying the motivations; and that in order for these trips to be beneficial the systemic issues will need to be addressed. The thesis begins by examining historical motivations of women missionaries, and then summarizes functional theory to provide a platform for the research. The data collection methodology is described, and concerns that arose prior to the primary research are also discussed. The primary data analysis then reveals that both men and women participate in short-term mission trips for social relationships, desires to learn, and their moral convictions.
This essay reflects on my experience as the “featured blogger” at the Michigan State Law Review symposium Gender and the Legal Profession's Pipeline to Power and maps out possible models for future blogger involvement in other academic legal symposia. Successful blogger involvement in live academic events requires contributors who will write without much time to revise and organizers who will cede control over the way the conference is interpreted and discussed by others. Ultimately, I judge this experiment at the intersection of scholarly dialogue, legal education, and cyberspace to be a success. Blog-based conversations continued after the actual symposium and provided an alternate venue for perspectives that were not present at the live event.
Resilient self-help is essential in coping with life’s upsets. This essay explores the prospect of recognizing Resilience as a Principle of Law. The propositions set forth here were debated at two conferences held in Brasilia, in December of 2013. The first, for legislators, was convened in the Senate of Brazil by the National Congress’ Joint Permanent Committee on Climate Change, and the second, for judges, was convened by the Federal Judicial Council’s Judicial Studies Center (Conselho da Justiça Federal Centro de Estudos Judiciários) and the High Court of Brazil (Superior Tribunal de Justiça). This eJournal of the IUCN Academy of Environmental Law has emerged as a leader in exploring new principles of environmental law, such as the Principle of Non-Regression, framed by Prof. Michel Prieur. Just as courts have begun to recognize the Principle of Non-Regression, the welfare of both humans and nature requires recognition of Resilience. Many of the jurisprudential foundations for the legal Principle of Resilience are set forth by Lia Helena Monteiro de Lima Demange in her insightful recent article about the Principle.
Increasing numbers of customers are installing solar photovoltaic systems on their homes and businesses. As module and system costs decline, customer demand grows, and more businesses organize around the solar opportunity, it is time to revisit the tariff structure under which these systems integrate with and operate on the electric grid. This article details a novel approach to a distributed solar tariff, called the “Value of Solar” tariff (“VOST”), that addresses important utility and customer issues, and offers some significant improvements over traditional net metering approaches. There is a saying in the venture capital world to the effect that, “It is not enough to design a better mousetrap. You really, really must want to kill mice.” Sound execution inspired by a clear vision of an end result is essential for business success. So, too, in the quest to increase markets for distributed solar generation—you really, really must want to get more solar installed.
The most commonly adopted rate treatment for residential solar systems connected to the grid is net metering, or, as it is also known, net energy metering. The first net metering tariff was adopted in 1983, and the approach is part of utility policy in over 40 states in the U.S.