Digital Commons Network^™

Not Here, Not There (Review: Culture Is.. Australian Stories Across Cultures: An Anthology By Anne-Marie Smith (Ed), Michael Jacklin

Michael Jacklin

ALBERTO DOMINGUEZ identified himself as un Australiano de habla hispana - a Spanish-speaking Australian. As such, he gave enormously to the Spanish-speaking community of Sydney. Dominguez was a radio broadcaster with SBS and community radio stations in western Sydney, and a founding member of several Latin American cultural organisations. For many Spanish-speaking Australians who came as refugees from Latin America, Dominguez's radio-voice provided them with essential information and helped them settle in. Yet when he died as a passenger aboard American Airlines flight 11, which struck the northern tower of the World Trade Centre in September 2001, most media in …

Attorney General Mukasey’S Defense Of Irresponsibility , Kent Greenfield

Kent Greenfield

Attorney General Mukasey’s commencement speech at Boston College Law School did a disservice to the institution. First, it gave a platform to one whose position on torture is contrary to the humanitarian values of the school. Second, by encouraging students to divorce their own morals from their legal reasoning and simply “say what the law is,” it reduced the practice of law to a mere exercise in research, devoid of any of the principles for which the school (and legal education in general) stands. This Article addresses two issues surrounding Attorney General Michael Mukasey’s invitation to speak at Boston College …

First Amendment Based Copyright Misuse, David S. Olson

David S. Olson

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …

The Residual Income Method: A New Lens On Housing Affordability And Market Behaviour, Michael E. Stone, Terry Burke, Liss Ralston

Michael E. Stone

This study was designed to explore the viability of an alternative method of measuring affordability (the residual income method) to that of the ubiquitous 30 per cent benchmark method and to use this alternative method for enriching understanding around a range of affordability and housing market issues. The work has been exploratory but it does reveal both the potential and the limitations of the method.

Put simply, the residual income method calculates how much is left over for housing rents or mortgage after relevant expenditure items for different household types have been taken into account. If there is insufficient left …

How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan D. Carle

Susan D. Carle

• This article considers four myths about the history of civil rights activism, taht have tended to cloud assessments about current current civil rights law and its potential future directions. I argue that correcting those myths can help illunundile promising paths for the future. In each instance, alternative historical narrative routes for further development of core principles of civil rights law, including further theoretical and practical work to pursue long-standing concepts of structural discrimination, the promise of experimentalist approaches to regulation and enforcement, increased interdisciplinary colaboration between law and other social science fields, and more focus on matters of economic inequality …

Who Shall We Admit To Our Club?, Lawrence Raful

Lawrence Raful

No abstract provided.

In Search Of America, Ellen Bigler

Ellen Bigler

Taken collectively, Latinos are now the largest minority group in the USA. This chapter, with a focus on U.S. Latinos, explores the changing face of the USA in recent decades and the significance of this demographic change for the ongoing construction and negotiation of an American identity. The culture wars (e.g., debates over the canon, curriculum, and language) of the late 1980s and 1990s, and the contested role of schools in the arena of critical multiculturalism, are examined for insights into the bases of resistance to change. The author draws from her experiences in public schools as both a teacher …

Diasporic Designs Of House, Home, And Haven In Toni Morrison's Paradise, Cynthia Dobbs

Cynthia Dobbs

No abstract provided.

Inside Greenwich Village [Full Book], Gerald W. Mcfarland

Gerald W. McFarland

No abstract provided.

The Case Of Dr Mohamed Haneef: An Australian 'Terrorism Drama' With British Connections, Mark Rix

Mark Rix

This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Australia‟s anti-terrorism legislation in July 2007 as Australian authorities including the Australian Federal Police, Commonwealth Director of Public Prosecutions, Australian Security Intelligence Organisation, (wrongfully) believed that he was linked to the terrorist attack at Glasgow airport in June 2007. The actions and responses of these two agencies, and the subsequent judicial inquiry are reviewed in the light of the media‟s role and press coverage as the case unfolded.

How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Survives First Amendment, Fourth Amendment, And Due Process Challenges, Naomi Harlin Goodno

Naomi Harlin Goodno

There have been all too many recent cases where children are taking their lives because of cyberbullying. Schools, courts, and legislatures are struggling with how to deal with such tragedies. Imagine two public school students, Joe and Jane. Joe punches Jane during class. The school is certainly within its legal rights to discipline Joe. Assume, instead, Joe punches Jane while both are walking home from school. The school cannot discipline Joe because the act took place off-campus. Now, assume instead, that Joe, while at home and using his own laptop, creates a website about Jane stating that he wished she …

A Research Proposal Into The National Security Perils Of Hacktivism, Carter Matherly

Carter Matherly PhD

On December sixth 2010 the words, “Fire now,” echoed throughout Twitter and cyberspace (Cohen, 2011). Almost inexplicitly out of the ether a rag tag group of internet pranksters came together as a coherent, driven, and dangerous force. They attacked MasterCard, Visa, and PayPal simultaneously. The banks fought back valiantly but were no match for the size of the attack and fell, however briefly, in face of the onslaught (BBC, 2010).

The group that calls itself Anonymous, originally known for its antics defacing websites and harassing Scientology, found something to fight for. Wikileaks, the self-proclaimed whistleblower website, was without question an …

Activist Distressed Debtholders: The New Barbarians At The Gate?, Michelle M. Harner

Michelle M. Harner

The term “corporate raiders” previously struck fear in the hearts of corporate boards and management teams. It generally refers to investors who target undervalued, cash-flush or mismanaged companies and initiate a hostile takeover of the company. Corporate raiders earned their name in part because of their focus on value extraction, which could entail dismantling a company and selling off its crown jewels. Today, the term often conjures up images of Michael Milken, Henry Kravis or the movie character Gordon Gekko, but the alleged threat posed to companies by corporate raiders is less prevalent—at least with respect to the traditional use …

The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson

Blake A Watson

In Johnson v. McIntosh, Chief Justice John Marshall proclaimed that European discovery of America Agave exclusive title to those who made it;@ and diminished the power of Indians Ato dispose of the soil at their own will ….@ 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous land …

"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Women were not the only ones opting out. Nearly one year before The New York Times in its article “The Opt-Out Revolution” showcased highly educated, upwardly mobile women opting out of paid work for the lure of staying at home, Fortune magazine had already reported that some men, which it coined “trophy husbands,” had been doing the same. “Trophy husbands” were presented as leaving paid work by choice, like their later opt-out counterparts. Opt-out moms and trophy husbands—as described in these two germinal stories—have much in common. While, on the surface, the actions of these mothers and fathers may have …

First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal

Lawrence Rosenthal

Scholars have struggled to explain our sprawling First Amendment doctrine – once described by Justice Stevens as “an elaborate mosaic of specific judicial decisions, characteristic of the common law process of case-by-case adjudication.” The position that has gained the most traction in recent scholarship has stressed the primacy of governmental motive – this school of thought argues that the degree of scrutiny to be afforded a challenged regulation is based on an assessment of the likelihood that the regulation reflects a governmental motive to burden disfavored speech or speakers.

This article offers a challenge to the purposivist account. It begins, …

Homing In On Paradigm Shift: Ryanair Leadership In The Age Of Expensive Air Trave, Uzoechi Nwagbara

Dr Uzoechi Nwagbara

This investigation borders on a critical evaluation of the leadership style of Ryanair in the age of expensive air travel. Another thrust of the paper is a critical look at the organizational model in place at Ryanair which has made it one of the world’s most successful airlines. In doing this we shall be exploring the leadership model and paradigms as well as leadership style that Michael O’Leary, the CEO of this airline has brought to bear in the organization, which have made it an airline of choice in Europe. Also, the study will be evaluating the transformational change occasioned …

An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez

Carmen G. Gonzalez

The free market reforms adopted by Mexico in the wake of the debt crisis of the 1980s and in connection with the North American Free Trade Agreement (NAFTA) have jeopardized the physical and cultural survival of Mexico’s indigenous peoples, increased migration to the United States, threatened biological diversity in Mexico, and imposed additional stress on the environment in the United States. Despite these negative impacts, NAFTA continues to serve as a template for trade agreements in the Americas. Unless this template is fundamentally restructured, future trade agreements may replicate throughout the Western hemisphere many of the economic, ecological and social …

'Mass Of Madness': Jurisprudence In E.M. Forster's A Passage To India, Allen P. Mendenhall

Allen Mendenhall

Law-and-literature scholars have paid scant attention to E. M. Forster’s oeuvre, which abounds in legal information and which situates itself in a unique jurisprudential context. Of all his novels, A Passage to India (1924) interrogates the law most rigorously, especially as it implicates massive programs of ‘liberal’ imperialism and ‘humanitarian’ intervention, as well as less grand but equally dubious legal apparatuses – jail, bail, discovery, courtrooms – that police and pervert Chandrapore, the fictional Indian city in which the novel is set. The study of law in Anglo-India is particularly telling, if troubling, because India served as ‘a model for …

Apple Inc.: Product Portfolio Analysis, Michael Mallin, Todd A. Finkle

Todd A Finkle

Sources For Legislative Proposals, David R. Mayhew

David Mayhew

No abstract provided.

Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers’ ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …

Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller

Anne Bloom

No abstract provided.