Digital Commons Network^™

Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han

Faculty Publications

The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population behind as …

Dependency, Taxes, And Alternative Families, Patricia A. Cain

Faculty Publications

No abstract provided.

Bush V. Gore, Federalism, And The Distrust Of Politics, Bradley W. Joondeph

Faculty Publications

The Supreme Court's per curiam decision in Bush v. Gore, sparked a considerable amount of criticism and discussion. During this debate, many scholars have argued that the Court's decision was fundamentally incompatible with its previous federalism decisions. This article contends that this criticism is misplaced. It argues that while the per curiam opinion in Bush v. Gore decision embraced a novel and rather expansive understanding of equal protection that seems largely out of character for the Rehnquist Court, the Court's decision to intervene and resolve the election dispute was not inconsistent with its general approach to constitutional federalism.

This article …

Altogether Fitting And Proper, Jonathan Van Patten

Faculty Publications

No abstract provided.

Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman

Faculty Publications

No abstract provided.

The Future Of Educational Diversity: Old Decrees, New Challenges, John Charles Boger, Elizabeth Jean Bower

Faculty Publications

No abstract provided.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

Magmatic And Hydrothermal Activity In Lena Trough, Arctic Ocean, Jonathan Snow, Eric Hellebrand, Wilfried Jokat, Richard Muhe

Faculty Publications

No abstract provided.

United States Supreme Court: 2001 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Law And International Relations: Introductory Remarks And Panel Discussion, Julian Knowles, Christopher J. Borgen, Arthur Rovine, William Paul, Carlos Manuel Vazquez

Faculty Publications

This panel was cosponsored by the American Society of International Law (ASIL). The ASIL was founded in 1906 by Secretary of State Elihu Root to inform and engage the public on issues of international law. It is a nonprofit, nonpartisan membership association and research institute dedicated to providing both information about international law in all its forms and a forum for debate and discussion. This panel was one such forum. It was organized under the auspices of the ASIL Judicial Outreach Program, chaired by Justice Sandra Day O'Connor. The Judicial Outreach Program provides information resources for federal and state judiciaries. …

Formulating Rational Drug Policy In California, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman

Faculty Publications

In her review essay Ending Male Privilege: Beyond the Reasonable Woman, Professor Wildman examines A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews. Forell and Matthews explain the need for a reasonable woman standard, particularly in cases of sexual harassment, stalking, domestic homicide, and rape. Wildman, while agreeing that those areas exemplify areas of law in which the "spectrum of violence and disregard of women is most evident and problematic," urges that litigants seeking equality must go beyond the reasonable woman and articulate the systemic nature of male …

Domestic Violence Torts, Jennifer Wriggins

Faculty Publications

The Article systematically looks at domestic violence as a torts issue and also critiques how tort theory prioritizes accidents over intentional torts. After showing how domestic violence fits within the categories of intentional torts including battery, assault, false imprisonment and intentional infliction of emotional distress, the article highlights the disjunction between the prevalence of domestic violence and the virtual absence of tort suits seeking compensation for domestic violence injuries. The article analyzes the reasons for that absence and finds a range of explanations. Some of the explanations are practical, such as the ‘intentional acts exclusion’ in liability insurance and short …

Revised Article 9, Securitization Transactions And The Bankruptcy Dynamic, Lois R. Lupica

Faculty Publications

Article 9 of the Uniform Commercial Code ("U.C.C.")1 is the law governing the creation, perfection, and enforcement of security interests in personal property. Originally enacted in 1960,2 Article 9 was substantially revised in 1972 in response to changes in commercial financing markets and practices. Since this last revision, there have been further changes, including technological advances, affecting commercial practice and custom. These changes have led the Permanent Editorial Board for the U.C.C. ("PEB") to recommend to the American Law Institute ("ALI") and the National Conference of Commissioners on Uniform State Laws ("NCCUSL") that Article 9, once again, be significantly revised. …

Understanding Infanticide In Context: Mothers Who Kill, 1870-1930 And Today, Michelle Oberman

Faculty Publications

No abstract provided.

The Power Of Suggestion: Inertia In 401k Participation And Savings Behavior, Brigitte C. Madrian, Dennis F. Shea

Faculty Publications

In this paper, we analyze the 401(k) savings behavior of employees in a large U.S. corporation before and after an interesting change in the company 401(k) plan. Before the plan change, employees were required to affirmatively elect participation in the 401(k) plan. After the plan change, employees were automatically and immediately enrolled in the 401(k) plan unless they made a negative election to opt out of the plan. Although none of the economic features of the plan changed, this switch to automatic enrollment dramatically changed the savings behavior of employees. We have two key findings. First, 401(k) participation is significantly …

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …

Allocution For Victims Of Economic Crimes, Jayne W. Barnard

Faculty Publications

No abstract provided.

Takings Clause, Tara Leigh Grove

Faculty Publications

No abstract provided.

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon

Faculty Publications

In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited, compensation …

International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Health As A Bible Teaching: How Adventist Developed It, P. Gerard Damsteegt

Faculty Publications

The Bible reveals Gods interest in health for the body, not just for thesoul. More than any other major group, Seventh-day Adventists haveexplored and embraced the Bibles message about health.How did we come to have a theology of health? And what are themain elements of it, as found in Scripture? This article will not attemptto list all of our health-related beliefs, but it will concentrate on why wehave a health emphasis i.e., our theology of health especially as thisemphasis developed in the early years of our movement.

Apologies Or Apologisits? Remembering The Japanese American Internment In Wyoming, Eric L. Muller

Faculty Publications

No abstract provided.

State Constitutional Restrictions On Legislative Procedure: Rethinking Analysis Of Original Purpose, Single Subject, And Clear Title Challenges, Martha Dragich

Faculty Publications

Recognizing that state courts are beginning to review procedural challenges more rigorously, this Article attempts to provide guidance for the resolution of such cases. Part I examines the history, purposes, and standards of original purpose, single subject, and clear title restrictions, using Missouri's provisions as examples. Part I also identifies paradigmatic cases of each of the procedural violations with the hope of more sharply differentiating the three claims. Parts II through V present a case study of ten Missouri cases decided since 1994, supplemented with notable cases from other states. Part II begins with a brief description of the Missouri …

Homeward (Chapter 6 Of The Book Between Gay And Straight: Understanding Friendship Across Sexual Orientation), Lisa M. Tillmann Ph.D.

Faculty Publications

“Homeward” is Chapter 6 of the book Between Gay and Straight: Understanding Friendship Across Sexual Orientation (AltaMira Press, 2001). Here I present events that took place during the spring 1997 semester and that summer. An issue that comes to the forefront is the binary (gay-straight) construction of sexual orientation and identity. I ask what it means to say, “I’m straight,” or “I’m gay,” and what options and experiences such a claim opens up and closes off. By exploring an attraction between myself and one of my participants, I question the popular wisdom that friendships between straight women and gay men …

Tales From The (Softball) Field (Chapter 3 Of The Book Between Gay And Straight: Understanding Friendship Across Sexual Orientation), Lisa M. Tillmann Ph.D.

Faculty Publications

“Tales from the (Softball) Field” is chapter 3 of the book Between Gay and Straight: Understanding Friendship Across Sexual Orientation (AltaMira Press, 2001). “Tales” marks the beginning of my academic journey into this community. It’s the fall of 1995, and I’m taking a graduate class on qualitative methods. Unexpectedly, the softball field emerges as a fieldwork site. As I become immersed in team members’ lives and stories, I begin exploring how to “work the hyphen” (Fine, 1994) between gay and straight, to practice research (and friendship) with and for my friends/participants.

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Román

Faculty Publications

Be it in the United States or across the Atlantic, notions of citizenship conjure up thoughts of nationalism, membership, equality, price and patriotism. Though these notions suggest a sense of inclusion, the term citizenship also conjures up, for many, feelings of exclusion and subordination. This article will examine the fact that despite the virtuous rhetoric associated with the term, the status of citizen is often an elusive ideal, notwithstanding the attainment of such status. While the status is theoretically to include a litany of rights as well as a perception of belonging, for many in this society, citizenship means neither. …

Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno

Faculty Publications

No abstract provided.

Two Sides Of A River: Mormon Transmigration Through Quincy, Illinois, And Hannibal, Missouri, Fred E. Woods

Faculty Publications

The infamous extermination order issued 27 October 1838 by Missouri Governor Lilburn W. Boggs caused thousands of Latter-day Saints to flee the state and seek refuge in Illinois across the Mississippi River. Illinois, established in 1817, had high hopes for its future, but just two decades later it was smitten, like the rest of America, with the economic depression of 1837. In such a needy condition, the people Illinois welcomed the Mormon migrants for three central reasons. Financially motivated, the state viewed the Latter-day Saint influx as an opportunity to raise its population to boost the economy through the collection …

13-C Nmr Analysis Of Soot Produced From Model Compounds And A Coal, Mark S. Solum, Adel F. Sarofim, Ronald J. Pugmire, Thomas H. Fletcher, Haifeng Zhang

Faculty Publications

Soot samples, including the associated organics, produced from an Illinois No. 6 coal (five samples) and two model compounds, biphenyl (three samples) and pyrene (two samples), have been studied by ¹³C NMR methods. The coal soot data served as a guide to selection of the temperature range that would be most fruitful for investigation of the evolution of aerosols composed of soot and tars that are generated from model compounds. The evolution of the different materials in the gas phase followed different paths. The coal derived soots exhibited loss of aliphatic and oxygen functional groups prior to significant growth …