Digital Commons Network^™

Vista: September 25, 2008, University Of San Diego

USD Vista (1965-)

No abstract provided.

Integrating Security, Development And Human Rights, Louise Arbour

Joan B. Kroc Distinguished Lecture Series

Table of Contents:

Joan B. Kroc Institute for Peace & Justice--p.4.
Joan B. Kroc Distinguished Lecture Series--p.6.
Biography--p.10.
Interview--p.12.
Welcome and Introduction--p.38.
Lecture--p.41.
Questions and Answers--p.64.
Related Resources--p.75.
About the University of San Diego--p.76.

Vista: September 18, 2008, University Of San Diego

USD Vista (1965-)

No abstract provided.

Faculty Newsnotes 2008 No. 405, Office Of The Provost

Faculty Newsnotes (1972-2010)

No abstract provided.

Motions 2008 Volume 44 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

University Of San Diego News Print Media Coverage 2008.09, University Of San Diego Office Of Public Affairs

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Vista: August 30, 2008, University Of San Diego

USD Vista (1965-)

No abstract provided.

University Of San Diego News Print Media Coverage 2008.08, University Of San Diego Office Of Public Affairs

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Economic Liberties And The Original Meaning Of The Constitution, James W. Ely Jr.

San Diego Law Review

This Article examines the waxing support for the ideology and practice of economic liberty in the founding era. It points out that Americans of the late 18th century increasingly challenged British trade restrictions as well as long-accepted governmental regulation of the economy, raising both practical and philosophical objections. The paper considers various aspects of the colonial economy, including wage controls, regulations governing the price of bread and meat, the establishment of public markets, changes in land and inheritance laws, land speculation, and the growth of contracting in a market economy. It also probes the impact of the Revolutionary War on …

Originalism And Regulatory Takings: Why The Fifth Amendment May Not Protect Against Regulatory Takings, But The Fourteenth Amendment May, Michael B. Rappaport

San Diego Law Review

This Article explores the widely disputed issue of whether Takings Clause protects against regulatory takings, offering a novel and intermediate solution. Critics of the regulatory takings doctrine have argued that the original meaning of the Fifth Amendment Takings Clause does not cover regulatory takings. They have quickly moved from this claim to the conclusion that the incorporated Takings Clause under the Fourteenth Amendment also does not cover regulatory takings. In this Article, I accept the claim that the Fifth Amendment Takings Clause does not cover regulatory takings, but then explore the possibility that the incorporated Takings Clause does cover such …

Human Law, Higher Law, And Property Rights: Judicial Review In The Federal Courts, 1789-1835, John F. Hart

San Diego Law Review

Three kinds of innovation are commonly associated with the early federal courts: establishing the institution of judicial review without any clear authorization for doing so, using judicial review to define property rights more expansively than would have been anticipated by contemporaries, and employing fundamental principles derived from natural or "higher" law for this purpose. I will argue that the early federal courts were far less innovative in these three respects than most scholars have supposed. First, the Framers of the Federal Constitution seem to have anticipated that the new federal courts would exercise the power of judicial review, and to …

Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein

San Diego Law Review

My task in this Article is to show the wisdom of the Siegan position by stressing what happens when courts decide systematically to ignore it in favor of a constitutional view that is far closer to that of Robert Bork insofar as it gives the legislature free reign over both economic liberties and property rights. I cannot do this with respect to the full range of issues that crop up under these two capacious heads. But it is possible to show how a wide range of unsound judicial decisions have created a perfect storm in land use regulation that has …

Take-Ings, William Michael Treanor

San Diego Law Review

The word property had many meanings in 1789, as it does today, and a critical aspect of the ongoing debate about the meaning of the Fifth Amendment's Takings Clause has centered on how the word should be read in the context of the Clause. Property has been read by Professor Thomas Merrill to refer to "ownership" interests, by Richard Epstein in terms of a broad Blackstonian conception of the individual control of the possession, use, and disposition of resources, by Benjamin Barros as reflective of constructions through individual expectations and state law, and by me as physical control of material …

Originalism: Lessons From Things That Go Without Saying, Robert W. Bennett

San Diego Law Review

After setting the originalism "stage" and discussion of some of its tribulations, the article turns to the problem of constitutional silences. These come in many shadings, and the article concentrates on three that illustrate different sorts of problems: 1) the failure of the Guarantee Clause to provide a more precise definition of a "republican form of government"; 2) the deafening silence about any role for political parties in the nation's politics and governance; and 3) the absence of guidance about "discretion" to be exercised by presidential elections, which surfaces these days as the problem of the "faithless elector," one who …

Blackstone's Commentaries And The Privileges Or Immunities Of United States Citizens: A Modest Tribute To Professor Siegan, Eric R. Claeys

San Diego Law Review

This Article was prepared for a conference on Economic Liberties and the Original Meaning of the Constitution at the University of San Diego School of Law. The Article sheds light on the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment by canvassing foundational acts of Parliament, colonial charters, constitutional provisions, and treatises referring to privileges or immunities from the seventeenth century through the mid-nineteenth century. Of these sources, the central one is Blackstone's Commentaries on the Law of England, and its discussion of the privileges or immunities of English subjects. Blackstone uses "privileges" and "immunities" to …

Spirituality And Symptom Self Management Of Osteoarthritis, Lois M. Kannan Phd

Dissertations

Healthcare providers need to identify holistic self-care techniques that are endorsed by patients as effective strategies for symptom management of osteoarthritis, which is the single most common cause of disability in older adults. Research in this area may direct the development of interventions to ensure that older adults are afforded every opportunity to remain active and productive, with an improved health related quality of life, despite age related musculoskeletal conditions. The purpose of this study was to describe the relationships among symptom experience, symptom management, and symptom outcome based on spiritual well-being. A quantitative, descriptive, correlational, and noninterventional study design, …

Academic Writing And The Pedagogical Practices Of Effective Teachers, Thomas Devere Wolsey Edd

Dissertations

Composition, particularly when academic register is required, is a complex task. Because cognitive flexibility theory explains how humans can spontaneously restructure knowledge and adapt to situational demands, it is ideally suited to the ill-structured domain of transactional writing. Global aspects related to paragraph and whole-text structure and local operations related to word and sentence-level features define academic writing. A mixed-methods design used quantitative methods for investigation of five corpora of 10th grade students' work. Qualitative methods were used to explore the means teachers used in promoting academic writing and the interactions they intended to promote via teaching cues, including prompts. …

University Of San Diego News Print Media Coverage 2008.07, University Of San Diego Office Of Public Affairs

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Transformations With Tai Chi: The Experience Of Community-Dwelling Tai Chi Practitioners, Sunny Yim Alperson Phd

Dissertations

While Tai Chi practice has dramatically increased across the U.S., its mechanism is unknown, and overall understanding of the phenomenon is lacking. The purpose of this study was to explore the experience of community-dwelling Tai Chi practitioners through a qualitative study, detailing its social and personal appeal, the reasons for their continued involvement, its symbolic meanings, and its impact on their lives. Utilizing the grounded theory method and dimensional analysis, in-depth interview data from 23 practitioners, aged 49-82 were audio-recorded, transcribed, coded and analyzed to derive a grounded theory. A theoretical model, transformation with moving meditation was developed, reflecting the …

Usd Magazine Summer 2008, University Of San Diego

University of San Diego Magazine (1992- )

Contents; Editorial License; Letters to the Editor; Around the Park; Torero Athletics; Alumni Update; Point of View; The Way the Ball Bounces; Pupil Power; Class Notes; USD Reflection

Huntington's Disease, Destroyer Of Families, Kenneth P. Serbin

At Risk for Huntington's Disease

No abstract provided.

University Of San Diego News Print Media Coverage 2008.06, University Of San Diego Office Of Public Affairs

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

The Appreciated Sector: Public Confidence In San Diego County Nonprofit Organizations, Lindsey M. Mcdougle, Laura Deitrick, Pat Libby, Robert Donmoyer

State of Nonprofits and Philanthropy in San Diego

Do San Diegans have confidence in the nonprofit sector? How are you affected as a nonprofit leader? Read the results on the most comprehensive survey ever conducted on this topic!

Faculty Newsnotes 2008 No. 404, Office Of The Provost

Faculty Newsnotes (1972-2010)

No abstract provided.

Vista: May 8, 2008, University Of San Diego

USD Vista (1965-)

No abstract provided.

Equality, Quality And Quantity: Challenges In Inclusive Education Policy And Service Provision In India, Maya Kalyanpur Phd

School of Leadership and Education Sciences: Faculty Scholarship

Despite government efforts to provide services for children with disabilities in line with recommendations from international aid agencies, the 2003 Census of Individuals with Disabilities found that over 90% remain unserved. This paper identifies some of the limitations of these efforts in the context of the census findings, with particular reference to the issues of under‐representation of specific groups and identification. The 2003 Education For All (EFA) programme and recent policy initiatives, the Right to Education Bill 2005, the Action Plan for Inclusion in Education of Children and Youth with Disabilities (IECYD) 2005 and the National Policy for Persons with …

An Ethnography Study Of Hiv Positive Midlife Black Women, Charlotte Stoudmire Phd

Dissertations

Black women, ages 45 and older, are disproportionately affected by the HIV/AIDS epidemic. In 2001, Black women comprised 11% of all older women in the United States; however, they accounted for more than 50% of AIDS cases and more than 65% of HIV cases (Winningham et al., 2004). The literature review reflected little research specifically looking at the reason(s) for the increase in HIV in Black women, ages 45 to 60. Furthermore, few research studies focused on HIV patient health beliefs and their experiences in living with HIV. This study was conducted with an ethnography research method coupled with the …

University Of San Diego News Print Media Coverage 2008.05, University Of San Diego Office Of Public Affairs

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Advocacy Under Islam And Common Law, Liaquat Ali Khan

San Diego Law Review

This Article shows that both Anglo-American and Islamic legal traditions have been highly sophisticated in supporting advocacy as a doctrine of justice. And both traditions must save this doctrine from distortions that have corroded the doctrine's normative foundation. This comparative study will hopefully provide insights into jurisprudential recesses of each tradition. It might also inform lawyers, judges, and academics of the two traditions, possibly generating mutual respect and learning.

Preparing Law Students For Disappointing Exam Results: Lessons From Casey At The Bat, Grant H. Morris

San Diego Law Review

It is a statistical fact of life that two-thirds of the law students who enter law school will not graduate in the upper one-third of their law school class. Typically, those students are disappointed in their examination grade results and in their class standing. Nowhere does this disappointment manifest itself more than in their attitude toward their classes. In the fall semester of their first year, students are eager, excited, and willing to participate in class discussion. But after they receive their first semester grade results, many students withdraw from the learning process-they are depressed and disengaged. They suffer a …