Wake Forest law review最新文献

{"title":"Typology of parent-child ties within families: Associations with psychological well-being.","authors":"Kyungmin Kim, Kira S Birditt, Steven H Zarit, Karen L Fingerman","doi":"10.1037/fam0000595","DOIUrl":"10.1037/fam0000595","url":null,"abstract":"<p><p>Middle-aged adults often have relationships with multiple family members (e.g., children and parents). The constellation of parent-child relationships within families may have implications for individuals' psychological well-being. This study created typologies of parent-child ties by combining multiple dimensions of relationships and examined the extent to which middle-aged adults showed variability across typologies of parent-child ties within multigenerational families. Using 2,252 parent-child ties across three generations from 633 middle-aged adults, this study identified typologies of parent-child ties based on 5 indicators (i.e., contact, downward and upward support, and positive and negative relationship qualities), and examined the associations of specific typologies of parent-child ties as well as within-family variability in typologies with middle-aged adults' psychological well-being. This study found 7 types of parent-child ties as distinct combinations of contact, support exchanges, and relationship quality. Within-family variability in these types was associated with more depressive symptoms, and having types characterized by conflicted ties was associated with more depressive symptoms and lower life satisfaction. Middle-aged adults seem to be happiest when they are able to maintain homogeneous, harmonious patterns of relationships with their parents and grown children. Findings were discussed with regard to factors that also may predict greater variability in family relationship patterns. (PsycInfo Database Record (c) 2020 APA, all rights reserved).</p>","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"37 1","pages":"448-458"},"PeriodicalIF":2.3,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7145731/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90578472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Property's Problem with Extremes","authors":"Lynda L. Butler","doi":"10.2139/ssrn.3277500","DOIUrl":"https://doi.org/10.2139/ssrn.3277500","url":null,"abstract":"Western-style property systems are ill-equipped to deal with extremes—extreme poverty, extreme wealth, extreme environmental harm. Though they can effectively handle many problems, the current systems are inherently incapable of providing the types of reform needed to address extreme situations that are straining the fabric of societies—situations that are stressing the integrity of core societal and natural systems to the breaking point. The American property system, in particular, is problematic. The system has a long tradition of strong individual rights and relies primarily on the efficiency norm to operate and shape the incentives of rights holders. The economic model that now dominates the American property system cannot, on its own, make the reforms needed to address problems of extremes. The assumption of a rational property owner and the individual scale of decision-making create an intrinsically self-serving system that will not, without redirection, force individual owners to consider important, outside interests or internalize serious, long-term externalities. Constitutional protection of property, with its increasingly economic focus, reinforces the owner-centric approach. \u0000 \u0000Yet property systems are fundamentally important to free and secure societies. Strong property rights protect the autonomy of individuals against government and third-party infringement. They also promote economic activities, rewarding investment and labor. A strong property system, in other words, provides a way to order a society and its resources by establishing a framework for allocating, distributing, and managing interests in the resources. This framework includes organizational and operating principles that enable the society’s economic and political systems to work on a daily basis. \u0000 \u0000This Article focuses on property’s problem with extremes by asking whether it is possible to have a property system that both protects individual rights and sustains the integrity of the earth system. Because of its global scale and potentially disastrous impacts, climate change provides the ultimate lens for examining property’s ability to handle extremes. Climate change is a problem that affects the whole regardless of the contributions of the part. It is a problem that needs solutions from the whole but can benefit from the responsiveness of the part. In order for Western property systems to operate in ways that minimize property’s adverse effects on the earth and on humans, some fundamental rewiring of property’s incentive structure and operating rules must occur.","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46629556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Response to Reasonable Expectations in Sociocultural Context","authors":"David G. Epstein","doi":"10.31228/osf.io/9dxmr","DOIUrl":"https://doi.org/10.31228/osf.io/9dxmr","url":null,"abstract":"The Article starts 6 (and ends)7 with the premise that contract law should enforce the reasonable expectations of the parties. This is a hard premise to challenge.8 And an even harder premise to apply.9 The Article recognizes the two problems with applying this premise: (1) how does a court decide what expectations are �reasonable,�10 and (2) what does a court do when the contracting parties have different reasonable expectations.11 The Article then uses two cases to illustrate how �sociocultural dissonance between a judge and contracting party�12 exacerbates these problems.","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"1 1","pages":"54"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41679616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The High Cost of The Nation's Current Framework for Education Federalism","authors":"Kimberly Robinson","doi":"10.31228/osf.io/7pj9y","DOIUrl":"https://doi.org/10.31228/osf.io/7pj9y","url":null,"abstract":"This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a variety of factors, including the lack of political will to accomplish this goal, the domination of suburban influences over education politics, and the failure of the United States to create a social welfare system that addresses the social and economic barriers that impede the achievement of many poor and minority students.1s In a past work, I also explored some of the reasons that these efforts have failed to ensure equal educational opportunity. In light of this literature, education federalism undoubtedly is not the only factor that has influenced the nation's inability to ensure equal educational opportunity. Nevertheless, it is important to understand the consistent ways in which education federalism has contributed to the ineffectiveness of efforts to ensure equal educational opportunity as scholars propose new avenues to achieve this paramount goal. In addition, in both past and future work, I argue that the nation should consider embracing a new framework for education federalism that would enable the nation to more effectively achieve its goals for public schools. Understanding how education federalism has hindered past reforms is an essential part of exploring how education federalism should be reshaped.","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"48 1","pages":"287"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44551797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Contract in Context","authors":"Richard Austen-Baker, Qi Zhou","doi":"10.4324/9780203071656","DOIUrl":"https://doi.org/10.4324/9780203071656","url":null,"abstract":"Contract in Context provides an in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level.","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2014-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4324/9780203071656","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70574164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Charter Schools, Vouchers, and the Public Good","authors":"D. W. Black","doi":"10.2139/SSRN.2277371","DOIUrl":"https://doi.org/10.2139/SSRN.2277371","url":null,"abstract":"Charter schools and vouchers have thus far been promoted or vilified based on their potential to improve academic achievement for those students enrolled in them. This debate, however, ignores a more important question: whether these educational policies serve the public good. Education as a public good cannot be reduced solely to questions of academic achievement, much less the academic achievement of a subset of students. Theoretically, charter schools and vouchers can serve the public good, but in practice, they have not. This shortcoming, however, is not necessarily due to an inherent flaw in charters or vouchers, but the failure of public policy to place limits on them to ensure they serve the public good.","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"48 1","pages":"445"},"PeriodicalIF":0.0,"publicationDate":"2013-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2277371","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68056488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Equilibrium Content of Corporate Federalism","authors":"W. Bratton, J. McCahery","doi":"10.2139/SSRN.606481","DOIUrl":"https://doi.org/10.2139/SSRN.606481","url":null,"abstract":"This Article offers a positive political economy of corporate federalism. It draws on the history of corporate law and basic concepts of evolutionary game theory to locate the content of corporate federalism in two stable equilibriums. The first equilibrium prevails in the charter market, following from Delaware's successful pursuit of an evolutionarily stable strategy to maximize rents from the sale of charters. The strategy, first followed by New Jersey, caused a radical change in corporate law in the late nineteenth century. Since then, stability has ruled. Corporate law's basic, enabling outline changed little during the twentieth century. Operative incentives, market structure, and regulatory results have been more constant than dynamic, even as Delaware often has adjusted its strategy as it has adapted to events. The second equilibrium is more political than economic and prevails among the makers of national corporate law - Congress, the Securities and Exchange Commission, the stock exchanges, and the federal courts. These actors react to events in a more volatile manner. But even here equilibrium has prevailed since 1934. In theory, under the prevailing norm, national regulation covers the securities markets and mandates transparency respecting firms with publicly traded securities while internal corporate affairs are left to the states. In practice, federal lawmakers sometimes disregard the norm, entering into internal affairs as the national system grows episodically. This national intervention into internal affairs is inevitable because Delaware follows an evolutionarily stable strategy that constrains its ability to respond to shocks that create national political demands. But national regulators follow a norm of cooperation even as they make these incursions. Federal regulators never structure interventions so as to disrupt the state equilibrium. They leave Delaware in place, along with its stable strategy and its rents. The Article asserts that this is the core of the federalism, a view that contrasts with a prevailing subject matter-based conception. From this perspective, the threat of disabling federal intervention has sunk into the deep constitutional structure, leaving Delaware safe in the present context.","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"2006 1","pages":"619-696"},"PeriodicalIF":0.0,"publicationDate":"2010-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67773088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Faith, confidence, and health care: fostering trust in medicine through law.","authors":"Robert Gatter","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"39 2","pages":"395-445"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26071735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Rhetorical Uses of Marbury V. Madison: The Emergence of a 'Great Case'","authors":"D. M. Douglas","doi":"10.2139/SSRN.392784","DOIUrl":"https://doi.org/10.2139/SSRN.392784","url":null,"abstract":"Marbury v. Madison is today indisputably one of the \"great cases\" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury was not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review and nineteenth-century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the exercise of judicial review became far more controversial. Proponents of judicial review seized upon the Marbury decision to legitimize their claims for an expansive conception of the doctrine - particularly after the Court engaged in an extraordinarily controversial exercise of judicial review in 1895 in the Pollock decisions declaring the newly enacted federal income tax unconstitutional. In the process, Marbury became, for the first time, a \"great case\" - as measured by its treatment in judicial opinions, legal treatises, and casebooks - a moniker that would have been ill applied to the decision for most of the nineteenth century. Marbury's significance today cannot be attributed to the pathbreaking character of the decision. Rather, Marbury became \"great\" because proponents of an expansive doctrine of judicial review have needed it to assume greatness.","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2003-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68666700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Judges of Character","authors":"S. Sherry","doi":"10.1007/978-1-349-60073-1_4","DOIUrl":"https://doi.org/10.1007/978-1-349-60073-1_4","url":null,"abstract":"","PeriodicalId":83479,"journal":{"name":"Wake Forest law review","volume":"11 4","pages":"793"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50922979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}