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Selected Works

2010

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Institution
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B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China’S Plastic Bag Policy, Mary Beckwith O'Loughlin Dec 2010

B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China’S Plastic Bag Policy, Mary Beckwith O'Loughlin

Mary Beckwith O'Loughlin

On June 1, 2008, the Chinese government enacted a nationwide policy prohibiting all stores from freely distributing plastic bags to customers. This new policy requires that, henceforth, all retailers must charge a nominal fee for plastic bags and that those purchasable bags must meet certain quality requirements to improve their potential reusability. These retailers, which include everything from grocery and clothing stores to farmer’s markets and food stalls, individually determine how much to charge for their bags and get to keep all related proceeds. The policy is an effort to mitigate the “white pollution” that is choking China’s ...


Three Milestones In The History Of Privacy In The United States, Vernon Valentine Palmer Dec 2010

Three Milestones In The History Of Privacy In The United States, Vernon Valentine Palmer

Vernon Palmer

Over the course of more than 120 years the right of privacy has somehow acquired, absorbed and incorporated various tangential interests such as the right to control use of one’s name, one’s image, one’s writings, one’s life story, and even the right to exploit one’s own publicity value. Obviously those who seek to capitalize upon the publicity value of their name or talent are not in fact seeking privacy in the usual sense of the word, and yet American tort law protects the publicity right either in the name of privacy or describes it as ...


Cleaning Up The Refuse From A Financial Crisis: The Case For A Resolution Management Corporation, James Thomson Sep 2010

Cleaning Up The Refuse From A Financial Crisis: The Case For A Resolution Management Corporation, James Thomson

James B Thomson

Systemic banking and financial crises invariably result in the transfer of a large volume of distressed financial assets into the hands of the government, which must later dispose of them. The fiscal and economic costs of the crisis and the speed of recovery depend on how effectively the government’s salvage operations can re-privatize these assets. To maximize the operations’ effectiveness, I propose that the government create a temporary resolution management corporation. Drawing on Kane’s (1990) asset-salvage principles, as well as the U.S. experience with special-purpose entities for managing and disposing of assets stripped from distressed financial firms ...


Review Of African Culture And Melville's Art, The Creative Process In Benito Cereno And Moby-Dick.Pdf, Babacar Mbaye Sep 2010

Review Of African Culture And Melville's Art, The Creative Process In Benito Cereno And Moby-Dick.Pdf, Babacar Mbaye

Babacar Mbaye

No abstract provided.


The Clearing: Heidegger's Lichtung And The Big Scrub, Robert George Garbutt Aug 2010

The Clearing: Heidegger's Lichtung And The Big Scrub, Robert George Garbutt

Dr Rob Garbutt

Clearings make settlement possible. Whether on a small scale using an axe and other hand implements to make way for a dwelling and a garden, or on a large scale with a chain strung between two D9 bulldozers in preparation for a major agribusiness development, the process of clearing creates spaces for installing something new. This paper uses the idea of (the) clearing, as practice, process, outcome and metaphor, to examine the installation of the locals in a settler society. Using Lismore on the far-north coast of New South Wales, Australia, as a case example, the particular work of clearing ...


Fees On Plastic Bags: Altering Consumer Behavior By Taxing Environmentally Damaging Choices, Alice R. Baker Aug 2010

Fees On Plastic Bags: Altering Consumer Behavior By Taxing Environmentally Damaging Choices, Alice R. Baker

Alice R Baker

Reduce, reuse, recycle, the environmental adage of the 1980s has proved unsuccessful in solving many of our solid waste problems. Far too often emphasis was placed only on recycling as the solution to our troubles, while the concepts of reducing our consumption or reusing products fell by the wayside. Thirty years later, it is clear that simply recycling is not enough.

Plastic bags have emerged as an icon of society’s eagerness to acquire goods and its single-use consumerism. Every year approximately 500 billion to 1 trillion plastic bags are consumed worldwide. Our uncontrolled consumption and quick disposal of plastic ...


The Conundrum Of Covered Bonds, Steven L. Schwarcz Aug 2010

The Conundrum Of Covered Bonds, Steven L. Schwarcz

Steven L Schwarcz

Covered bonds, which have been part of European finance since the time of Frederick the Great, are now being widely touted as the answer to securitization’s imperfections. There is great confusion, though, about the nature of covered bonds and their relationship to secured bond financing and securitization. This article attempts to demystify covered bonds, examining how they fit within a larger financing framework, analyzing their legal rights and obligations, and comparing their costs and benefits. The benefits of covered bonds are similar to those of securitization; both can access low-cost capital market funding with low risk to their investors ...


Grutter's Regrets: An Empirical Investigation Of How Affirmative Action Is(N'T) Working, Deirdre Bowen Aug 2010

Grutter's Regrets: An Empirical Investigation Of How Affirmative Action Is(N'T) Working, Deirdre Bowen

Deirdre M Bowen

This exploratory empirical work examines whether students of color enjoy the benefits articulated by the U.S. Supreme Court in the Grutter decision that rationalized the continuation of affirmative action based on diversity interests. Specifically, the Court stated that affirmative action was permissible because students of all backgrounds would increase their racial understanding and decrease their racial stereotyping of minorities. Supporters and opponents were skeptical that such benefits would really materialize for students of color. Supporters argued that minority students would merely be tokens in which only white students would benefit from a diverse classroom. Opponents argued that this diversity ...


On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kamaria A. Kruckenberg Aug 2010

On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kamaria A. Kruckenberg

Kamaria A Kruckenberg

This paper explores and defends Irish Travellers’ efforts to push the Republic of Ireland to recognize them as an ethnic minority group under law. Irish Travellers are a small indigenous minority group who have lived primarily in Ireland for centuries. They rank at the bottom of Irish society in rates of poverty, unemployment, life expectancy, infant mortality, health, education levels, political representation and access, and living conditions. Much like the Roma, with whom they share a nomadic tradition, Irish Travellers are in the midst a movement to improve living conditions, fight widespread discrimination, and gain recognition as an ethnic minority ...


A High Devolution Region (Hdr): A Community Based Political Solution For Darfur, Ibrahim A. Ibrahim Mr Jul 2010

A High Devolution Region (Hdr): A Community Based Political Solution For Darfur, Ibrahim A. Ibrahim Mr

Ibrahim A Ibrahim Mr

A High Devolution Region (HDR): A Community Based Political Solution for Darfur By/ Ibrahim Ali Ibrahim LLM Sudanese Lawyer & Congressional Researcher Abstract: The main causes of the war in Darfur as the paper highlights lie in both communal conflicts and the imbalance of power between the centre and marginalized regions. Therefore, the power sharing is a valid mechanism for redressing communal conflicts and the years of political marginalization of Darfur. The Darfur Peace Agreement (DPA) demonstrated that there were no powers to share in Darfur and that why it failed. The parties have not been able to achieve peace in ...


"Shall Be Bound Thereby": Structural Incorporation Via Article Vi, Dean A. Cantalupo Esq. Jun 2010

"Shall Be Bound Thereby": Structural Incorporation Via Article Vi, Dean A. Cantalupo Esq.

Dean A Cantalupo Esq.

This paper argues that certain provisions of the Bill of Rights, those that pertain to the administration of justice, were incorporated in 1791 against the States via the provision in Article VI binding State judges to the Constitution.


A Good Score?: Examining 20 Years Of Drug Courts In The United States And Abroad, Kimberly Y.W. Holst Jun 2010

A Good Score?: Examining 20 Years Of Drug Courts In The United States And Abroad, Kimberly Y.W. Holst

Kimberly Y.W. Holst

In 2009, we saw the passing of the twentieth anniversary of drug courts in the United States, this timing presents an opportune moment to review the state of drug courts in the United States and the development of drug courts internationally. While the United States has served as a model and a leader in the creation and development of drug courts, countries all over the world have tweaked the United States’ model and have altered the landscape in the structure and development of drug courts. Section II of this article briefly discusses the development and current status of drug courts ...


Energy-Efficiency And Wind Energy: Investment Strategy For Venture Capital And Private Equity, Nicolas L. Boittin May 2010

Energy-Efficiency And Wind Energy: Investment Strategy For Venture Capital And Private Equity, Nicolas L. Boittin

Nicolas L Boittin

Some renewable sources of energy are becoming economically profitable and legislatures are providing greater legal predictability for investment in this area. Many states have implemented Renewable Portfolio Standards (RPSs) and the U.S. Congress extended the investment period for Investment Tax Credits (ITCs) recently. Wind energy is the most mature renewable technology and energy-efficiency offers high profit potential in the short term. These two areas thus provide great investment opportunities for venture capital funds interested in clean technology and private equity funds focusing in renewable energy buyouts.


Hands On Hips, Smiles On Lips! Gender, Race, And The Performance Of Spirit In Cheerleading, Laura Grindstaff, Emily West Apr 2010

Hands On Hips, Smiles On Lips! Gender, Race, And The Performance Of Spirit In Cheerleading, Laura Grindstaff, Emily West

Emily E. West

Cheerleading has long been synonymous with “spirit” because of its traditional sideline role in supporting school sports programs. In recent decades, however, cheerleading has become more athletic and competitive - even a sport in its own right. This paper is an ethnographic exploration of the emotional dimensions of cheerleading in light of these changes. We argue that spirit is a regulating but also flexible concept that is deployed in order to manage and uphold ideologies of emotion, and that these ideologies are central to how cheerleading reproduces racialized gender difference. On the one hand, the performance guidelines for spirit stabilize the ...


Comrade Father Thomas Mcgrady: A Socialist Priest's Quest For Equality Through Socialism, Jacob H. Dorn Mar 2010

Comrade Father Thomas Mcgrady: A Socialist Priest's Quest For Equality Through Socialism, Jacob H. Dorn

Jacob Dorn

No abstract provided.


A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle Mar 2010

A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle

Susan D. Carle

This Article examines the social movement history of Title VII disparate impact law in light of the policy and potential constitutional questions the Court=s recent decision in Ricci v. DeStefano raises. My analysis shows that, contrary to popular assumptions, disparate impact doctrine was not a last-minute, ill-conceived invention of the EEOC following Title VII=s passage, but instead arose out of a moderate, experimentalist regulatory tradition that sought to use law to create incentives to motivate employers to scrutinize and reform employment practices that posed structural bars to employment opportunities for racial minorities, regardless of invidious intent. Non-lawyer activists ...


A Post-Racial Voting Rights Act, Jason Rathod (R-Z) Mar 2010

A Post-Racial Voting Rights Act, Jason Rathod (R-Z)

Jason Rathod (R-Z)

The Voting Rights Act of 1965 (VRA) was enacted “to foster our transformation to a society that is no longer fixated on race.” Georgia v. Ashcroft, 539 U.S. 461, 490 (2003). This article critiques the prevailing election law scholarship and jurisprudence as out of step with VRA’s post-racial aspirations and offers proposals for Congress to correct course. The United States has long been torn between civic nationalism and racial nationalism. By the mid-20th Century, the uneasy interplay of these visions had produced a remarkable expansion of citizenship to all migrants from Europe alongside appalling discrimination against, or outright ...


Speech Torts, Deana Ann Pollard Sacks Mar 2010

Speech Torts, Deana Ann Pollard Sacks

Deana A Pollard

Tort liability for speech raises important concerns about federalism, self-government, and autonomy. The Supreme Court has resolved the free speech-tort law conflict in a number of cases by balancing the nature of the speech subject to tort liability against the nature of the state’s interest in imposing tort liability, then “constitutionalizing” the tort to meet First Amendment demands by raising the burden of proof to establish a prima facie case. The Supreme Court has repeatedly denied review of tort liability for speech based on a theory of negligence, and most lower courts have adopted a categorical approach to immunize ...


Freedom In A Slave Country: A True Story Of Race, Law, Sex, And Politics, Jason A. Gillmer Mar 2010

Freedom In A Slave Country: A True Story Of Race, Law, Sex, And Politics, Jason A. Gillmer

Jason A Gillmer

This Article unpacks the rich and textured story of the Ashworths, an obscure yet prosperous free family of color in the antebellum South who owned land, raised cattle, and bought and sold slaves. It is undoubtedly an unusual story; indeed in the history of the times there are surely more prominent names and more famous events. Yet their story reveals a tantalizing world in which—despite legal rules and conventional thinking—life was not so black and white. Drawing on local records rather than canonical cases, and listening to the voices from the community rather than the legislatures, this Article ...


Who Shot Ya: Rap Beef "Diss" Tracks And The First Amendment., Andres Flores Jan 2010

Who Shot Ya: Rap Beef "Diss" Tracks And The First Amendment., Andres Flores

ANDRES FLORES

The purpose of this Article is to add to the volume of scholarly work in the area of First Amendment protections for rap artists who create so called “diss” songs aimed at disrespecting their competitors and their possible liabilities for such songs. It is evident that rap music has become a permanent part of popular music, and as the market grows smaller and competition gets tougher rap artists must find new ways to break into the industry and stay relevant. One of the ways rap artist do this is by creating a controversy with other, more established rappers. These tactics ...


Energy-Efficiency And Wind Energy: Investment Strategy For Venture Capital And Private Equity, Nicolas L. Boittin Jan 2010

Energy-Efficiency And Wind Energy: Investment Strategy For Venture Capital And Private Equity, Nicolas L. Boittin

Nicolas L Boittin

Some renewable sources of energy are becoming economically profitable and legislatures are providing greater legal predictability for investment in this area. Many states have implemented Renewable Portfolio Standards (RPSs) and the U.S. Congress extended the investment period for Investment Tax Credits (ITCs) recently. Wind energy is the most mature renewable technology and energy-efficiency offers high profit potential in the short term. These two areas thus provide great investment opportunities for venture capital funds interested in clean technology and private equity funds focusing in renewable energy buyouts.


A Discursive Construct Of Xxi Century: The New Italian Epic, Maurizio Vito Jan 2010

A Discursive Construct Of Xxi Century: The New Italian Epic, Maurizio Vito

Maurizio Vito

No abstract provided.


The S-Word: Discourse, Stereotypes, And The American Indian Woman, Debra Merskin Jan 2010

The S-Word: Discourse, Stereotypes, And The American Indian Woman, Debra Merskin

Debra Merskin

No abstract provided.


Poverty Among Adults With Disabilities: Barriers To Promoting Asset Accumulation In Individual Development Accounts, Katherine Mcdonald, Michal Soffer, Peter Blanck Jan 2010

Poverty Among Adults With Disabilities: Barriers To Promoting Asset Accumulation In Individual Development Accounts, Katherine Mcdonald, Michal Soffer, Peter Blanck

Katherine McDonald

Adults with disabilities disproportionally experience poverty. We examine one novel strategy to promote economic well-being among adults with disabilities living in or near poverty, namely Individual Development Accounts (IDAs). IDAs are designed to help individuals save money and subsequently accumulate assets. Although adults with disabilities account for the majority of IDA participants, scant attention has been paid to their IDA saving performance. We describe the significance of accumulating assets, particularly as it relates to adults with disabilities. We then map the nature of IDA programs and analyze barriers to participation in IDAs and asset accumulation related to conflicting federal policies ...


Reality Nations: An International Comparison Of The Historical Reality Genre, Emily West Jan 2010

Reality Nations: An International Comparison Of The Historical Reality Genre, Emily West

Emily E. West

When 1900 House (Hoppe, 2000) premiered in the UK in 2000, a hybrid television form was born that would spawn spin-offs and imitators over the next several years in several other countries. These series place people in historical settings, asking them to leave their 21st century lives behind, and live within the material and social constraints of the past for a period of three or four months. For this chapter I examine a sample of seven historical reality mini-series that aired between 2000 and 2005 in English-speaking countries, ranging from four to eight episodes each. As existing scholarship on the ...


Divided By A Common Language: A Comparison Of Nigerian, American And British English, Farooq Kperogi Dec 2009

Divided By A Common Language: A Comparison Of Nigerian, American And British English, Farooq Kperogi

Farooq A. Kperogi

We all know that there is such a thing as British English; it is the progenitor of all subsequent “Englishes” (as professional linguists awkwardly call national and sub-regional varieties of the English language) in the world. And we do, of course, know that there is American English, not only because it is the earliest national variety to rebel against some of the quirky conventions of British English—a fact that inspired the celebrated Irish writer George Bernard Shaw to famously remark that “England and America are two countries divided by a common language”— but also because America’s current preeminent ...


Touring The Troubles In West Belfast: Building Peace Or Reproducing Conflict?, Wendy A. Wiedenhoft Murphy Dec 2009

Touring The Troubles In West Belfast: Building Peace Or Reproducing Conflict?, Wendy A. Wiedenhoft Murphy

Wendy A. Wiedenhoft Murphy

This article examines the development of tourism in West Belfast, Northern Ireland, and explores the extent to which tourism builds peace or reproduces processes of past conflict. Data were collected through semistructured interviews with tour managers and tour guides that include West Belfast in their itineraries and participant observations of tours conducted in West Belfast in the summer of 2007. The findings from this data suggest that while tourism there is reproducing some processes of past conflict, particularly territoriality, it has the potential to build cross-community relationships.


The Constitution Of Toussaint, Michael J. Drexler, Ed White Dec 2009

The Constitution Of Toussaint, Michael J. Drexler, Ed White

Michael J Drexler

No abstract provided.


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark E. Burge Dec 2009

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark E. Burge

Mark Edwin Burge

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal profession ...


Influence, Anxiety, And Erasure In Women's Writing: Romantic Becomes Victorian.Pdf, Stephen C. Behrendt Dec 2009

Influence, Anxiety, And Erasure In Women's Writing: Romantic Becomes Victorian.Pdf, Stephen C. Behrendt

Stephen C Behrendt

This essay examines how poetic memorials by women writers written over the multiple generations of the Romantic period often seek to establish and sustain the individual writer's presence and authority as much as they aim to memorialize the memory of a lost forebear.