Digital Commons Network^™

Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley

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No abstract provided.

Judicial Takings: Musings On Stop The Beach, James E. Krier

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Judicial takings weren’t much talked about until a few years ago, when the Stop the Beach case made them suddenly salient. The case arose from a Florida statute, enacted in 1961, that authorizes public restoration of eroded beaches by adding sand to widen them seaward. Under the statute, the state has title to any new dry land resulting from restored beaches, meaning that waterfront owners whose land had previously extended to the mean high-tide line end up with public beaches between their land and the water. This, the owners claimed, resulted in a taking of their property, more particularly their …

Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci

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Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …

Contemporary Practice Of The United States Relating To International Law, January 2014, Kristina Daugirdas, Julian Davis Mortenson

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• Progress Is Made Implementing U.S.-Russia Framework for Eliminating Syrian Chemical Weapons • United States Advocates for Syrian Peace Conference • United States Extends Deadline for Signing of Bilateral Security Agreement with Afghanistan • China Announces New Air Defense Identification Zone over East China Sea, Prompting U.S. Response • United States and Six Other States Reach Interim Agreement on Iranian Nuclear Program

Egypt, Lila Meadows, Nadia Adib Bamieh, Janet E. Lord

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No abstract provided.

Symmetry And Reductions Of Integrable Dynamical Systems: Peakon And The Toda Chain Systems, Vladimir Gerdjikov, Rossen Ivanov, Gaetano Vilasi

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We are analyzing several types of dynamical systems which are both integrable and important for physical applications. The first type are the so-called peakon systems that appear in the singular solutions of the Camassa-Holm equation describing special types of water waves. The second type are Toda chain systems, that describe molecule interactions. Their complexifications model soliton interactions in the adiabatic approximation. We analyze the algebraic aspects of the Toda chains and describe their real Hamiltonian forms.

Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz

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No abstract provided.

Abortion Distortions, Caroline Mala Corbin

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No abstract provided.

How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks

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If a man in prison says that he was made -to feel like a woman," this is commonly understood to mean that he was degraded, dehumanized, and sexualized. This association of femininity with punishment has significant implications for the way our society understands not only the sexual abuse of men in prison but also sexual abuse generally These important implications are usually overlooked, however, because law and society typically regard prison feminization as a problem of gender transposition: that is, as a problem of men being treated like women. In contrast, this Article argues that feminization is punitive for both …

Reading John Noonan, Jospeh Vining

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John Noonan is a giant in American law and legal practice -- a distinguished legal historian and a true judge. His reflections on the nature of law have a special importance. This essay is a comment on basic elements in his thought.

Contemporary Practice Of The United States Relating To International Law, October 2014, Kristina Daugirdas, Julian Davis Mortenson

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In this section: • United States Condemns Russia’s Use of Force in Ukraine and Attempted Annexation of Crimea • In Wake of Espionage Revelations, United States Declines to Reach Comprehensive Intelligence Agreement with Germany • United States Defends United Nations’ Immunity in Haitian Cholera Case • French Bank Pleads Guilty to Criminal Violations of U.S. Sanctions Laws • D.C. Circuit Strikes down Administrative Order Requiring Divestment by Foreign-Owned Corporation • United States Adopts New Land Mine Policy • United States Claims That Russia Has Violated the INF Treaty

The Mold That Shapes Hearsay Law, Richard D. Friedman

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In response to an article previously published in the Florida Law Review by Professor Ben Trachtenberg, I argue that the historical thesis of Crawford v. Washington is basically correct: The Confrontation Clause of the Sixth Amendment reflects a principle about how witnesses should give testimony, and it does not create any broader constraint on the use of hearsay. I argue that this is an appropriate limit on the Clause, and that in fact for the most part there is no good reason to exclude nontestimonial hearsay if live testimony by the declarant to the same proposition would be admissible. I …

Who's In Charge Of Global Finance?, Michael S. Barr

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The global financial crisis caused widespread harm not just to the financial system, but also to millions of households and businesses and to the global economy. The crisis revealed substantive, fundamental weaknesses in global financial regulation and raised serious questions about whether national regulators and the international financial regulatory system could ever be up to the task of overseeing global finance. This Article analyzes post-crisis reforms with two questions in mind: First, how can we build an effective international financial architecture with more than one architect? Second, can we build a system that is legitimate and accountable? The Article suggests …

Contemporary Practice Of The United States Relating To International Law, July 2014, Kristina Daugirdas, Julian Davis Mortenson

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United States Negotiates Prisoner Exchange to Secure Release of U.S. Soldier Held in Afghanistan • United States Refuses to Grant Visa to Iranian UN Envoy • Multilateral Naval Code of Conduct Aims to Prevent Unintended Conflict in Contested Areas of East and South China Seas • Senate Approves Treaties to Regulate Fishing • United States Indicts Chinese Military Officials for Economic Espionage • U.S. Supreme Court Declines to Terminate Long-Running Efforts to Force Argentina to Pay Defaulted Sovereign Debt • United States Condemns Uganda’s Antigay Law as Violating Human Rights • President Barack Obama Certifies That U.S. Peacekeepers in Mali …

Finding Hidden Treasures: Research Help In The Library And Archives, Joan M. Naturale, Diana Moore

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At the 2009 Deaf History International Conference, Ulf Hedberg spoke on the preservation of Deaf materials. The objective was to promote the preservation of Deaf materials by individuals, institutions, and organizations and to encourage the donation of Deaf materials to libraries, archives, museums, or organizations. In this chapter our objective is to identify the numerous resources at the Gallaudet University Library Deaf Collections and Archives and the Rochester Institute of Technolo-gy’s (RIT) Wallace Library, which are now on the Internet. The resources discussed here contain biographical materials that relate to this book’s theme of telling Deaf lives. Since the year …

Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson

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• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress

'Quack Corporate Governance' As Traditional Chinese Medicine – The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against Party State Political Economic Power, Nicholas C. Howson

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From the start of the People’s Republic of China’s (PRC) “corporatization ” project in the late 1980s, a Chinese corporate governance regime subject to increasingly enabling legal norms has been determined by mandatory regulations imposed by the PRC securities regulator, the China Securities Regulatory Commission (CSRC). Indeed, the Chinese corporate law system has been cannibalized by all - encompassing securities regulation directed at corporate governance, at least for companies with listed stock. This Article traces the path of that sustained intervention and makes a case — wholly contrary to the “quack corporate governance” critique much aired in the United States …

Citizen Participation: Appraising The Saiban’In System, Daniel H. Foote

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Of the many reforms affecting the Japanese judiciary that were undertaken in connection with the recommendations of the Justice System Reform Council, one reform above all attracted widespread public attention: the introduction of the so-called saiban'in system. In this system, mixed panels of professional judges and lay jurors judge guilt and assess penalties in serious criminal cases. Following a five-year preparation period, the new system went into effect for the specified categories of crimes for which indictments were issued on or after May 21, 2009, with the first trials under the new system commencing in August 2009. Pursuant to the …

Gay Rights, Equal Protection, And The Classification-Framing Quandary, Peter Nicolas

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Commentators and lower courts will speculate for some time on the actual holding and potential sweep of the Supreme Court's decision in Windsor v. United States [699 F.3d 169, 175 (2d Cir. 2012), aff'd, 133 S. Ct. 2675 (2013)], as well as how the Court might have resolved Perry v. Brown [671 F.3d 1052, 1063 (9th Cir. 2012), vacated and remanded sub nom. Hollingsworth v. Perry, 133 S. Ct. 2652 (2013)] on the merits.

Of at least equal and perhaps greater importance, however, is a subtle yet critical unresolved threshold question lurking in the background of these two decisions, …

Beyond Contrastive Rhetoric: Helping International Lawyers Use Cohesive Devices In U.S. Legal Writing, Elizabeth R. Baldwin

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This Article attempts to use linguistics, specifically text analysis and pragmatics, to help explain how and why lawyers who are non-native speakers of English (NNS) struggle with cohesion in their U.S. legal writing. Then in light of that discussion, it offers a four-step, receptive and productive exercise to engage students in contrastive analysis of cohesive features across languages and cultures.

It begins by distinguishing coherence (top-down flow related to rhetorical preferences and organization of content and argument) from cohesion (bottom-up flow related to the surface features that exhibit connections between clauses). As background, it explores the role of cohesion in …

What Can Comparative Legal Studies Learn From Feminist Legal Theories In The Era Of Globalization, Dana Raigrodski

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This article re-examines the field of comparative law and comparative legal studies through the lens of feminist legal theories/studies (FLT). It suggests that lessons learned from the development of FLT and insights from shared epistemology and methodology within FLT can inform the ongoing controversies within comparative legal studies and provide comparative legal scholars and practitioners with the tools to maximize the benefits of comparative legal studies in the era of increasing global interdependence.

Part II begins by briefly reviewing key controversies and critiques within comparative legal studies. It highlights the debate on whether comparative law encompasses a substantive area of …

Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, Jeremiah Chin

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Sovereignty and self-determination are cornerstones of arguments for Indigenous rights in the geographic United States. Both concepts assert an existence as Indigenous peoples, and reinforce status as nations with citizens and governments, rights and responsibilities, determined by Indigenous communities. In 2006, the Judicial Appeals Tribunal of the Cherokee Nation recognized that Lucy Allen and fellow Cherokee Freedmen, descendants of African slaves once owned by Cherokee, are citizens of the Cherokee Nation and had been citizens of the Cherokee Nation since the 1866 treaty with the United States. Less than a year later, the Cherokee Nation amended its constitution to limit …

Disability, Repressive Regimes, And Health Disparity: Assessing Country Conditions In North Korea, Jae-Chun Won, Janet E. Lord, Michael Ashley Stein, Yosung Song

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This article examines the potential of international human rights standards to account for heightened risk and vulnerability to human rights abuses for persons with disabilities in politically repressive environments. We offer a preliminary assessment of whether and how a disability-cognizant accounting of human rights in repressive regimes can lead to a more credible and comprehensive understanding of disability in such contexts. In so doing, we make the case for a more thorough and thoughtful application of international disability rights standards to better inform human rights investigations, transitional justice approaches, and international criminal law proceedings. To illustrate this methodology, we analyze …

European Legal Development: The Case Of Tort: Comparative Studies In The Development Of The Law Of Tort In Europe, Vol 9, Anthony J. Sebok

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This review addresses volumes 7-9 of the series Comparative Studies in the Development of the Law of Torts in Europe, edited by John Bell and David Ibbetson and published by Cambridge University Press.

A Review Of Psychometric Data Analysis And Applications In Modelling Of Academic Achievement In Tertiary Education, Geraldine Gray, Colm Mcguinness, Philip Owende, Aiden Carthy

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Increasing college participation rates, and diversity in student population, is posing a challenge to colleges in their attempts to facilitate learners achieve their full academic potential. Learning analytics is an evolving discipline with capability for educational data analysis that could enable better understanding of learning process, and therefore mitigate these challenges. The outcome from such data analysis will be dependent on the range, type, and quality of available data and the type of analysis performed. This study reviewed factors that could be used to predict academic performance, but which are currently not systematically measured in tertiary education. It focused on …

Socioeconomic Differentials In The Immediate Mortality Effects Of The National Irish Smoking Ban, Patrick J. Goodman, Sericea Stallings-Smith, Ariana Zeka, Z. Kabir, Luke Clancy

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Background: Consistent evidence has demonstrated that smoking ban policies save lives, but impacts on health inequalities are uncertain as few studies have assessed post-ban effects by socioeconomic status (SES) and findings have been inconsistent. The aim of this study was to assess the effects of the national Irish smoking ban on ischemic heart disease (IHD), stroke, and chronic obstructive pulmonary disease (COPD) mortality by discrete and composite SES indicators to determine impacts on inequalities. Methods: Census data were used to assign frequencies of structural and material SES indicators to 34 local authorities across Ireland with a 2000–2010 study period. Discrete …

Children’S Rights Online: Challenges, Dilemmas And Emerging Directions, Sonia Livingstone, Brian O'Neill

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Although it is widely held that a more inclusive and trusted internet can support a competitive knowledge economy, a digitally skilled labour force, civic participation and a pluralistic media sector, governments and regulators have tended to avoid intervening directly to achieve these aims, believing that industry is best positioned to respond to the fast pace of change in information and communication technologies (ICT).This reflects a wider policy shift away from top-down government measures towards flexible, dispersed and indirect forms of governance, encompassing industry self-regulation as well as elements of cooperation or co-regulation with relevant state agencies.

''They All Seem To Have Inherited The Horrible Ugliness And Sewer Filth Of Sex'' : Catholic Guilt In Selected Works By John Mcgahern (1934-2006), Eamon Maher

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No abstract provided.

Concern-Driven Integrated Toxicity Testing Strategies For Nanomaterials - Report Of The Nanosafety Cluster Working Group 10, Hugh Byrne, Agnes G. Oomen, Peter M.J. Bos, Teresa F. Fernandes, Kerstin Hund-Rinke, Diana Boraschi, Karin Aschberger, Stefania Gottardo, Frank Von Der Kammer, Dana Kühnel, Danail Hristozov, Antonio Marcomini, Lucia Migliore

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Bringing together topic-related European Union-(EU)-funded projects, the so-called “NanoSafety Cluster” aims at identifying key areas for further research on risk assessment procedures for nanomaterials (NM). The outcome of NanoSafety Cluster Working Group 10, this commentary presents a vision for concern-driven integrated approaches for the (eco-)toxicological testing and assessment (IATA) of NM. Such approaches should start out by determining concerns, i.e. specific information needs for a given NM based on realistic exposure scenarios. Recognized concerns can be addressed in a set of tiers using standardized protocols for NM preparation and testing. Tier 1 includes determining physico-chemical properties, non-testing (e.g. structure …

College Is Where The Real Learning Happens: Perceptions From Irish Craft Apprentices Using Interpretative Phenomenological Analysis, Eric Bates

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This research set out to examine the learning experience of three apprentice painters and decorators on the Irish Standards Based Apprenticeship from the Technological University Dublin. This apprenticeship involves college based and work based learning. The main aim of the study was to explore the learning experiences of apprentices in their own words. This would provide for unique insights into their learning experience. The research method was one on one semi structured interviews and the data was analysed using interpretative phenomenological analysis. One of the super ordinate themes that emerged from the data analysis was the perception among the participants …