Digital Commons Network^™

In The Global Village, Can War Survive?, Susan G. Hackley

Marquette Law Review Conferences

No abstract provided.

Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald

Washington and Lee Law Review

Since ancient times, Western civilization has witnessed a great debate over a simple but profound question: From whence did we come? Two major worldviews have dominated that debate: a theistic worldview holding that we, and the world in which we live, are the purposeful product of a supernatural creator; and a materialistic worldview holding that we are the product of unintelligenta nd random naturaflo rces. This debate rose to the fore with Darwin's publication of his theory of evolution and the development of the modern scientific establishment. In America, it initially took its most conspicuous form in efforts by creationists …

Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda

University of Richmond Law Review

No abstract provided.

Museletter: March 2009, Suzanne Corriell

Museletter

This Issue:

Be Prepared for Employment this Summer by Joyce Manna Janto

Obtaining Access to PACER: A Brief How-To by Suzanne B. Corriell

From the Suggestion Box

Trading Spaces: Spring Carrel Swap

"Worlds Connect @ Your Library" National Library Week, April 12-18, 2009

New Faces at the Law Library

Summer Hours

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

BYU Law Review

No abstract provided.

There Is A Pink Elephant At Our Patent Negotiation, And His Name Is Declaratory Judgment, Greg Halsey

San Diego Law Review

Part I of this Comment will analyze the background behind the creation of declaratory judgment jurisdiction, beginning with the Declaratory Judgment Act of 1934. Part II will explain the significant relation between declaratory judgments and patent infringement, focusing on the recent development of the MedImmune and SanDisk decisions. Part III will then explore three potentially negative implications of the Federal Circuit’s SanDisk decision. Part IV argues that in light of recent cases, the expansion of declaratory judgment jurisdiction in MedImmune and SanDisk is not convincingly supported by the policy underlying patent declaratory judgment law. As a result, Part V recommends …

Religio-Political Groups And The Israeli-Palestinian Peace Process, Catherine Ruth Orsborn

Electronic Theses and Dissertations

The Israeli-Palestinian conflict is a quagmire of interests working against one another. In this paper, I explore the specific role of religio-political groups in the conflict. I particularly examine the ideological political and religious foundations of Gush Emunim and Hamas, paying much attention to the question of why they are attractive to people in our current era. I argue that these groups are continuously effective in opposing the current quest for a peaceful resolution to the conflict, and that they continue to grow as the result of an identity crisis brought about by factors related to globalization and the failure …

Panelist Biographies, Editor's Note, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie

Seattle University Law Review

Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.

Beyond Corporate Social Responsibility: Reconciling The Ideals Of A For-Benefit Corporation With Director Fiduciary Duties In The U.S. And Europe, Alissa Mickels

UC Law SF International Law Review

Traditionally, organizations are divided into three sectors: for-profit, non-profit, and the government. Over the past few decades, a new Fourth Sector of organizations has been emerging in the U.S. and abroad. These "Fourth Sector" organizations attempt to integrate social purposes with business methods as seamlessly as possible. A few social entrepreneurs take a more ambitious approach to this "hybrid" approach and are creating For-Benefit corporations that, in addition to integrating social purposes with business methods, adopt a corporate policy to benefit all stakeholders, require inclusive governance and ownership, accountability, and transparency. Will the law allow these For-Benefit corporations to benefit …

Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo

Journal Articles

Numerous scandals arising from the United States government’s increased use of armed private military contractors have drawn attention to the contractors’ legally ill-defined position. But the complexity of the contractors’ relation to various bodies of law and doctrine — including military law, international law, state tort law, employment law, and sovereign immunity — is not the only salient issue. The contractors are also awkwardly positioned in relation to the traditional understanding of sacrifice, which has structured Americans’ imaginings about those who kill and are killed on behalf of the nation. This Article examines the contractors’ relation to the tradition of …

Panelists Biographies , American University Washington College Of Law Office Of Student Affairs

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Front Matter, James Mohr, Joanie Eppinga, Steven Baum

Journal of Hate Studies

“I love mankind; it’s people I can’t stand.” This quotation from Charles Schultz’s Linus is brought to mind by the current volume of the Journal of Hate Studies. This year’s theme, “The Science of Hate,” has brought forth notions about how, under the auspices of some ideal that is sure to benefit humankind, science is used as a bottom line or a justification for horrendous behavior directed toward individuals or groups of individuals.

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Faculty Publications

No abstract provided.

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle

Articles by Maurer Faculty

Among other meanings, "judicial activism" can be defined as judicial decisionmaking that frustrates majoritarian self-government and that is unconstrained by law. So understood, judicial activism is presumptively problematic, because it frustrates customary democratic and judicial norms.

In this essay, I address originalist and nonoriginalist responses to the presumptive problem of judicial activism in the context of Fourteenth Amendment privacy claims, including claims relating to abortion, sexual conduct, and same-sex marriage. I argue that originalism is an overrated solution, largely because current understandings of originalism, despite claims to the contrary, do not provide standards of decision that are sufficiently clear to …

Book Review. Liberty: Rethinking An Imperiled Ideal By Glenn Tinder, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Nova Southeastern Lawyer, Fall 2008, Volume 12, Number 10, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Drafting The Priests Of Our Democracy To Serve The Diplomatic, Informational, Military & Economic Dimensions Of Power, Robin Barnes

Buffalo Public Interest Law Journal

No abstract provided.

Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod

First Amendment Law Review

No abstract provided.

Center For Jewish Pluralism V. Ministry Of Education, Ayala Procaccia, Salim Joubran, Uzi Vogelman

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Petitions, submitted following HCJ 10296/02 (hereinafter: the decision) and which concern the issue of the obligation to provide a “core studies program” in the secondary education recognized but unofficial institutions and in exempt secondary educational institutions, while properly implementing the findings of the decision handed down on the matter. This issue is related to the continual funding of educational institutions which did not prepare …

Death By A Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions Of Higher Learning, Mark Strasser

Buffalo Law Review

No abstract provided.

Before Virtue: Halakhah, Dharmasastra, And What Law Can Create, Donald R. Davis Jr.

Law and Contemporary Problems

Davis, referring to the traditional Jewish and Hindu legal texts, addresses on what law creates or produces. He focuses on both Jewish and Hindu jurisprudence claim that law can create--a human, not a biological homo sapiens, but rather the full ideal of what humans were meant to be. He argues that it is the essential indistinguishability of law and religion in both traditional Judaism and Hinduism that permits the ideal human to be created through religious law.

Intelligent Design In Public University Science Departments: Academic Freedom Or Establishment Of Religion, Frank S. Ravitch

William & Mary Bill of Rights Journal

No abstract provided.

Purging Religion From Prisons: The Constitutionality Of The Standardized Chapel Library Project, Andrew Lincoln

First Amendment Law Review

No abstract provided.

Law & Health Care Newsletter, V. 16, No. 1, Fall 2008

Law & Health Care Newsletter

No abstract provided.

Foreword: Sacred Violence: Religion And Terrorism, B. Jessie Hill, Adam F. Kinney

Faculty Publications

Forward to the Sacred Violence: Religion and Terrorism, Cleveland, OH, 2008

Sacred Violence: Religion And Terrorism, Jessie Hill, Adam F. Kimney

Case Western Reserve Journal of International Law

No abstract provided.

Panel: Ethics-Based Decision-Making In Societal Water Management, Amy Hardberger

Faculty Articles

There is an ethical overlay to water-related decision-making and management, frequently drawing on personal experiences with water and the ubiquitous need for water. The modern South African Bill of Rights, ensuring its people’s access to water; the movement towards recognizing water as a basic human right; and even occurrences in Texas, including the passage of “environmental flows legislation” and the efforts to preserve and protect the Edwards Aquifer, reflect the presence of ethics in decision-making with respect to water management. Ethics are a part of water management decision-making.

Just Click Submit: The Collection, Dissemination, And Tagging Of Personally Identifying Information, Corey Ciocchetti

Vanderbilt Journal of Entertainment & Technology Law

As the twenty-first century bustles forward, the e-commerce arena becomes an ever more dangerous place. On a daily basis, Websites collect vast amounts of personally identifying information (PHII) and mine it in sophisticated databases to discover consumer trends and desires. This process provides many benefits--such as tailored Web sites and relevant marketing--that few Web surfers would care to do without. However, serious threats lurk in cyberspace and are enhanced by consumers who continue to submit vast amounts of information in a state of relative unawareness. Not wanting to miss out on their Web surfing experience, visitors submit their personal information …