Digital Commons Network^™

What Explains Persistent Racial Disproportionality In Minnesota's Prison And Jail Populations?, Richard Frase

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No abstract provided.

Jim Crow Ethics And The Defense Of The Jena Six, Anthony V. Alfieri

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This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil rights and criminal-justice strategies in cases of racially-motivated violence. To that end, this Article revisits the prosecution and defense of the Jena Six in the hope of uncovering the …

Music Score Approval Plans In Research Libraries: A Survey Of Librarian Satisfaction With And Without Approval Plans, Elizabeth J. Cox, Roger Cross, John Ballestro

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In this study, the researchers submitted a music score approval plan survey to all ARL libraries. Two surveys were created, one for libraries with music score approval plans, one for those without. Forty-four surveys were returned. The authors’ purpose was to analyze and discuss the survey results, incorporating elements of the scholarly work preceding this study. Discussions, roundtables, and listservs participated in by music librarians over the years formed the basis of the topic at hand. The goal was to ascertain whether these discussions and underlying assumptions of approval plans held true to the real world.

“He Would Kill Me With His Penis”: Genocidal Rape In Rwanda As A State Crime, Christopher W. Mullins

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Only recently have critical criminologists begun a systematic exploration of genocide, war crimes and crimes against humanity as state crimes (Kramer and Michalowski 2005; Mullins and Rothe 2008; Haveman and Smeulers 2008). This paper contributes to that growing literature through examining the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. It draws upon empirical examination of events depicted in transcripts of trials held before the International Criminal Tribunal for Rwanda. It qualitatively examines the role of leaders in producing mass sexual assaults. It explores how sexual mutilations were more intense expressions of what the …

Rankings And The Battle For World-Class Excellence: Institutional Strategies And Policy Choices, Ellen Hazelkorn

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Global rankings are creating a furore wherever or whenever they are published or mentioned. They have become a barometer of global competition measuring the knowledge-producing and talent-catching capacity of higher education institutions. These developments are injecting a new competitive dynamic into higher education, nationally and globally, and encouraging a debate about its role and purpose. As such, politicians regularly refer to them as a measure of their nation’s economic strength and aspirations, universities use them to help set or define targets mapping their performance against the various metrics, while academics use rankings to bolster their own professional reputation and status. …

The City And International Law: In Pursuit Of Sustainable Development, Ileana Porras

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No abstract provided.

Invisible Borders: Mapping Out Virtual Law, Kathleen Claussen

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No abstract provided.

Rebellious Knowledge Production, Academic Activism, & Outsider Democracy: From Principles To Practices In Latcrit Theory, 1995 To 2008, Francisco Valdes

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No abstract provided.

A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.

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No abstract provided.

Metals Or Management? Explaining Africa's Recent Economic Growth Spurt, Laura Nyantung Beny, Lisa D. Cook

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Explanations for Africa's poor long-run growth performance have varied over time. The theories examined include geography (Jeffrey D. Sachs and Andrew Warner 1997); institutions (William Easterly and Ross Levine 1997; Daron Acemoglu, Simon Johnson, and James Robinson 2001, 2002; Nathan Nunn 2007, 2008); health (David Bloom and Sachs 1998; Gregory N. Price 2003); and economic dependency (William Darity 1982). More recently, economists have attempted to explain what The Economist has called Africa's new "period of unparalleled economic success" (The Economist 2008a, 33). Average annual real GDP growth was 1.8 percent between 1980 and 1989 and increased to 4.4 percent between …

Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang

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This essay discusses a developmental strategy formulated in China between 2004 and 2007, with a strong emphasis on energy efficiency in response to growing pressure from global concerns of climate change. It tries to show how a top-down regulatory structure was reinforced in the process.

The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton

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No abstract provided.

Effect Of Air Pollution Controls On Black Smoke And Sulfur Dioxide Concentrations Across Ireland, Patrick J. Goodman, David Q. Rich, Ariana Zeka, Luke Clancy, Douglas W. Dockery

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During the 1980s Ireland experienced severe pollution episodes, principally because of domestic coal burning. In 1990, the Irish government introduced a ban on the marketing, sale, and distribution of coal in Dublin. They extended the ban to Cork in 1995 and to ten other communities in 1998 and 2000. We previously reported declines in particulate (black smoke [BS]) and sulfur dioxide (SO2) concentrations in Dublin following the 1990 coal ban. We now explore and compare the effectiveness of these sequential bans in 1990, 1995, 1998, and 2000. Daily BS and total gaseous acidity (SO2) measurements were compiled between 1980 and …

Gender Differences In Children’S Internet Use:Key Findings From Europe, Helen Mcquillan, Brian O'Neill

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This paper analyses comparative empirical data from across Europe on gender differences in children’s internet use, and through a new interpretive framework on young people’s experiences, seeks to add new findings to this growing international knowledge base. Linking feminist theory on gender and technology with theories of youth gender identity construction, four key areas are investigated. Firstly, the impact of increased internet access and use in schools and in homes on gender equality is examined. Secondly, youth communication and content creation practices are investigated to explore whether the internet is facilitating flexibility in gender identity and the transcendence of traditional …

Wind As A Sustainable Energy Source In Australia, Jules Chiavaroli

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The goal of this study is to review the technology for wind energy generation and to then apply previously uncovered statistics to measure the feasibility of applying the technology to a specific location, in this case the continent and country of Australia. Aside from a purely numerical analysis, an assessment of sustainability impact will also be considered. Based on findings, the potential for capitalizing on wind energy the world over is enormous with Australia being one of the most suitable locations on the earth. A long term renewable energy implementation plan must be instituted for nations to achieve their own …

Health Privacy In A Techno-Social World: A Cyber-Patient's Bill Of Rights, Patricia S. Abril, Anita Cava

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No abstract provided.

What Do We Talk About When We Talk About Mass Torts?, Anthony J. Sebok

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The article examines the challenges posed by mass torts, particularly the impact of temporal dispersal and latency of injuries, which create significant uncertainties in settlement values. Nagareda critiques the traditional approaches to mass torts—focusing on procedure, substance, and ethics—and proposes a shift toward an administrative framework. He argues that leveraging the self-interest of plaintiffs' lawyers through a fee redistribution mechanism could address settlement dysfunctions, particularly the disparity between present and future claimants. However, the article questions whether this proposal adequately addresses the broader issues in mass tort litigation, especially in immature torts.

Motorists Will Have To Pay For The Cost Of Congestion, Thomas Power

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The available road space (the scarce resource) is currently allocated by one’s willingness to sit in traffic jams. The costs incurred in sitting in traffic jams benefits no one – it is pure deadweight loss. The solution is to get the motorist to pay the social cost (marginal congestion cost). By pricing the cost of this traffic congestion in euro, this money could be collected and put to good use, perhaps on improving public transport.

Island Culture: The Role Of The Blasket Autobiographies In The Preservation Of A Traditional Way Of Life, Eamon Maher

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The Blasket Islands, located off the west coast of Kerry, are remarkable for having inspired a flourishing literature, mainly autobiographical in nature, which is generally acknowledged as being of great anthropological value, as well as of significant literary merit. When one considers that the islands never had a population of more than around 160 persons (with an average of closer to half that number) during the years covered by the autobiographies, the existence of such an important chronicle of the simple and at times perilous life on these Atlantic outposts is all the more noteworthy. The language spoken on the …

Technology-Aided Participative Methods In Environmental Assessment: An International Perspective, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry

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Provisions for citizen involvement in the assessment of potential environmental effects of certain plans, programmes and projects are present in current legislation. An international survey revealed that public participation is common practice in European and some other countries worldwide. However, a number of issues are observed to affect public involvement in EIA/SEA processes and expert opinion differs when evaluating the effectiveness of existing participative methods. Results suggest that technology-aided methods can improve traditional participation processes. In particular, GIS has the potential to increase community knowledge and enhance involvement by communicating information more effectively. Variable accessibility to technology and data quality …

(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri

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No abstract provided.

Cybersecurity In The Payment Card Industry, Richard A. Epstein, Thomas P. Brown

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No abstract provided.

Judging The Voting Rights Act, Adam B. Cox, Thomas J. Miles

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The Voting Rights Act has radically altered the political status of minority voters and dramatically transformed the partisan structure of American politics. Given the political and racial salience of cases brought under the Act, it is surprising that the growing literature on the effects of a judge's ideology and race on judicial decisionmaking has overlooked these cases. This Article provides the first systematic evidence that judicial ideology and race are closely related to findings of liability in voting rights cases. Democratic appointees are significantly more likely than Republican appointees to vote for liability under section 2 of the Voting Rights …

Panama City Reflections: Growing The City In The Time Of Sustainable Development, Ileana Porras

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No abstract provided.

Does Red Lion Still Roar?, Cass R. Sunstein

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No abstract provided.

Combating The Color-Coded Confinement Of Kids: An Equal Protection Remedy, Perry L. Moriearty

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This Article considers the viability of a constitutional challenge to the disproportionate confinement of juveniles of color – a phenomenon known as “disproportionate minority contact” or “DMC.” Specifically, I ask whether, in the wake of McCleskey v. Kemp and its progeny, it is possible bring an Equal Protection claim based on statistical evidence that juveniles of color are significantly more likely to be detained by juvenile court judges than similarly-situated white youth. I argue that the nature of the juvenile detention decision places it squarely within the contours of the types of administrative decisions for which the Supreme Court has …

Globalization, Internationalization, And Rankings, Ellen Hazelkorn

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Topics: Financing and Funding, Globalization and Internationalization, International and Foreign Students, Marketization and Commercialization and Academic Quality, Assessment and Accreditation.

Foreword Interruptions And Intersections: Journeys To The Center Of The Americas, Francisco Valdes

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No abstract provided.

How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs

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No abstract provided.

Servitude, Liberté Et Citoyenneté Dans Le Monde Atlantique Des Xviiie Et Xixe Siècles: Rosalie De Nation Poulard…, Rebecca J. Scott, Jean Hebrard

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On December 4, 1867, the ninth day of the convention to write a new post-Civil War constitution for the state of Louisiana, delegate Edouard Tinchant rose to propose that the convention should provide “for the legal protection in this State of all women” in their civil rights, “without distinction of race or color, or without reference to their previous condition.” Tinchant’s proposal plunged the convention into additional debates ranging from voting rights and equal protection to recognition of conjugal relationships not formalized by marriage.

This article explores the genesis of Tinchant’s conceptions of citizenship and women’s rights through three generations …