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Profile: Judge George H. Aldrich, Nancy Amoury Combs Jan 2005

Profile: Judge George H. Aldrich, Nancy Amoury Combs

Faculty Publications

No abstract provided.

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“Indian Participation In The Rocky Mountain Fur Trade.”, Jay H. Buckley Jan 2005

“Indian Participation In The Rocky Mountain Fur Trade.”, Jay H. Buckley

Faculty Publications

The Eastern Shoshones represent one of the most influential Indian groups in the histories of Wyoming and the Rocky Mountain fur trade. Before European contact their ancestral lands covered most of western Wyoming. After acquiring horses in the early eighteenth century, the eastern bands adopted the nomadic lifestyle and culture of the buffalo hunting Plains’ tribes. Leaving their lands between the Great Basin and Wind River Mountains, Shoshones ventured eastward via South Pass onto the plains to hunt bison. Th is expansion eastward brought contact with European traders offering horses, guns, and other manufactured goods that altered Shoshone life-ways and …

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'You'll Get Nothing Out Of It'? The Inquest, Police And Aboriginal Deaths In Colonial Queensland, Mark Finnane, Jonathan Richards Dec 2004

'You'll Get Nothing Out Of It'? The Inquest, Police And Aboriginal Deaths In Colonial Queensland, Mark Finnane, Jonathan Richards

Faculty Publications

Colonisation in Australia entailed the establishment of legal institutions, but very often lagging the extension of the boundaries of settlement. As a common-law institution of ancient lineage the inquest was an important means of exploring reasons for unexplained deaths, even leading to prosecutions. Yet the protections afforded by rule of law institutions were nugatory where they affected Aboriginal people in conflict with settler society, as shown in this study of the many inquiries in which deaths were attributed to the actions of the police in colonial Queensland.

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The Decline Of Covenant In Early Christian Thought, Noel B. Reynolds Nov 2004

The Decline Of Covenant In Early Christian Thought, Noel B. Reynolds

Faculty Publications

While many LDS attempts to describe or explain the transformation of the Christian movement and its teachings in the early centuries in terms of an accommodation to Greek philosophy, this paper focuses on the first two Christian centuries and the early elimination of covenant thinking and practice that may have opened the door to Greek thought.

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Innovating National Sovereignty And The Just War Tradition, Gary M. Simpson Oct 2004

Innovating National Sovereignty And The Just War Tradition, Gary M. Simpson

Faculty Publications

The two-thousand-year-old just war tradition is now read anew in light of the more recent Universal Declaration of Human Rights and the Responsibility to Protect document. Eleanor Roosevelt played no small part in moving things in this new direction.

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Questioning Deference, Christina E. Wells Oct 2004

Questioning Deference, Christina E. Wells

Faculty Publications

This article examines the accepted axiom that courts should defer to the government's actions during national security crises even when such actions potentially violate citizens' constitutional rights. The paper questions two assumptions underlying that axiom - first, that executive officials are best equipped to determine when security needs justify liberty infringements and, second, that judges are particularly unqualified to meddle in security issues, even when civil liberties are involved. Relying on psychological theories regarding the role that fear plays in skewing risk assessment and historical analyses of past crises, the paper argues that times of crisis lend themselves to unnecessary …

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"National Security" Information And The Freedom Of Information Act, Christina E. Wells Oct 2004

"National Security" Information And The Freedom Of Information Act, Christina E. Wells

Faculty Publications

Secrecy regarding national security information is a widely accepted phenomenon. Throughout history, however, such secrecy has proved problematic. Although officials often have credible and legitimate reasons to keep national security information secret, government secrecy initiatives have invariably expanded to encompass information beyond their initial rationale. Over time, we have come to realize the very real problems associated with excessive government secrecy.

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Toward A Biblical Theology Of God's Judgment: A Celebration Of The Cross In Seven Phases Of Divine Universal Judgment (An Overview Of A Theocentric-Christocentric Approach), Jiri Moskala Apr 2004

Toward A Biblical Theology Of God's Judgment: A Celebration Of The Cross In Seven Phases Of Divine Universal Judgment (An Overview Of A Theocentric-Christocentric Approach), Jiri Moskala

Faculty Publications

No abstract provided.

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The Bible And Popular Culture: Engaging Sacred Text In The World Of "Others", Mary E. Hess Jan 2004

The Bible And Popular Culture: Engaging Sacred Text In The World Of "Others", Mary E. Hess

Faculty Publications

No abstract provided.

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The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart Jan 2004

The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart

Faculty Publications

No abstract provided.

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Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf Jan 2004

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?

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Information Control In Times Of Crisis: The Tools Of Repression (Symposium, Privacy And Surveillance), Christina E. Wells Jan 2004

Information Control In Times Of Crisis: The Tools Of Repression (Symposium, Privacy And Surveillance), Christina E. Wells

Faculty Publications

This article identifies several tools of information control that occur consistently throughout history. The government does not use all of these tools in every national security crisis. Nor does it always abuse them. However, the patterns that emerge suggest a certain predictability to (1) the government's actions during national security crises, and (2) the potentially negative consequences flowing from them that warrants our attention. Understanding this historical pattern of government action allows one to identify and potentially prevent future problems. This is especially important in the post-9/11 world in which the government has asked for and received controversial powers with …

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Is The President Bound By The Geneva Conventions?, David Sloss, David Jinks Jan 2004

Is The President Bound By The Geneva Conventions?, David Sloss, David Jinks

Faculty Publications

The United States is party to several treaties that regulate the conduct of war, including the 1949 Geneva Conventions on the Protection of War Victims. These treaties require belligerent states, as a matter of international law, to accord fair and humane treatment to enemy nationals subject to their authority in time of war. Moreover, these treaties are, as a matter of domestic law, part of the Supreme Law of the Land. The scope and content of the Conventions have assumed central importance in debates about U.S. policy toward al Qaeda and Taliban detainees held at Guantanamo Bay, Cuba. Indeed, several …

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“So That The Nations May Become Genuine Indian”: Nativism And Leslie Marmon Silko’S Ceremony, Dennis Cutchins Jan 2004

“So That The Nations May Become Genuine Indian”: Nativism And Leslie Marmon Silko’S Ceremony, Dennis Cutchins

Faculty Publications

Leslie Marmon Silko’s (mixed-blood Laguna Pueblo) Ceremony is a powerful novel that tells the story of Tayo, a mixed-blood Pueblo war veteran who returns to Laguna mentally crippled by his wartime experiences. As Tayo struggles to overcome the alienation his military service has created, he must also face the shame of his own mixed heritage. His suffering eventually leads him off the pueblo to a Navajo healer, Betonie, who helps Tayo create a new historical paradigm based on Navajo and Laguna mythology. Betonie’s fictional re-vision of history is, perhaps, the novel’s most important accomplishment. Through Betonie, Silko creates an alternative …

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Domestic Violence, Jennifer Wriggins Jan 2004

Domestic Violence, Jennifer Wriggins

Faculty Publications

No abstract provided.

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"Secret Combinations": A Legal Analysis, Nathan B. Oman Jan 2004

"Secret Combinations": A Legal Analysis, Nathan B. Oman

Faculty Publications

No abstract provided.

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Bring Back The Draft?, Neal Devins Jul 2003

Bring Back The Draft?, Neal Devins

Faculty Publications

No abstract provided.

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Bacillus Anthracis Virulence In Guinea Pigs Vaccinated With Anthrax Vaccine Adsorbed Is Linked To Plasmid Quantities And Clonality, Pamala R. Coker, Kimothy L. Smith, Patricia F. Fellows, Galena Rybachuck, Konstantin G. Kousoulas, Martin E. Hugh-Jones Mar 2003

Bacillus Anthracis Virulence In Guinea Pigs Vaccinated With Anthrax Vaccine Adsorbed Is Linked To Plasmid Quantities And Clonality, Pamala R. Coker, Kimothy L. Smith, Patricia F. Fellows, Galena Rybachuck, Konstantin G. Kousoulas, Martin E. Hugh-Jones

Faculty Publications

Bacillus anthracis is a bacterial pathogen of great importance, both historically and in the present. This study presents data collected from several investigations and indicates that B. anthracis virulence is associated with the clonality and virulence of plasmids pXO1 and pXO2. Guinea pigs vaccinated with Anthrax Vaccine Adsorbed were challenged with 20 B. anthracis isolates representative of worldwide genetic diversity. These same isolates were characterized with respect to plasmid copy number by using a novel method of quantitative PCR developed for rapid and efficient detection of B. anthracis from environmental samples. We found that the copy numbers for both pXO1 …

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Experimental Characterization Of The Mimo Wireless Channel: Data Acquisition, Analysis, And Modeling, Michael A. Jensen, Jon W. Wallace, A. Lee Swindlehurst, Brian D. Jeffs Mar 2003

Experimental Characterization Of The Mimo Wireless Channel: Data Acquisition, Analysis, And Modeling, Michael A. Jensen, Jon W. Wallace, A. Lee Swindlehurst, Brian D. Jeffs

Faculty Publications

Detailed performance assessment of space-time coding algorithms in realistic channels is critically dependent upon accurate knowledge of the wireless channel spatial characteristics. This paper presents an experimental measurement platform capable of providing the narrowband channel transfer matrix for wireless communications scenarios. The system is used to directly measure key multiple-input-multiple-output parameters in an indoor environment at 2.45 GHz. Linear antenna arrays of different sizes and construction with up to ten elements at transmit and receive are utilized in the measurement campaign. This data is analyzed to reveal channel properties such as transfer matrix element statistical distributions and temporal and spatial …

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Sunni Modernist Theories Of Social Contract In Contemporary Egypt, Shahrough Akhavi Feb 2003

Sunni Modernist Theories Of Social Contract In Contemporary Egypt, Shahrough Akhavi

Faculty Publications

No abstract provided.

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Symposium: Issues In Bioterrorism -Introduction, Jessica Wilen Berg Jan 2003

Symposium: Issues In Bioterrorism -Introduction, Jessica Wilen Berg

Faculty Publications

This issue of Health Matrix focuses on the legal issues involving bioterrorism.

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Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie Jan 2003

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

Faculty Publications

In August of 2000, the Report of the Panel on United Nations Peace Operations (the “Brahimi Report”) considered the issue of transitional civil administration as an element of United Nations field operations. The Brahimi Report recommended the creation of an interim legal code as part of a U.N. justice package so that any future UN transitional administrations would be able to address the issue of “applicable law” in the early stages of its mission. Using the experience of the United National Transitional Administration in East Timor (UNTAET) as a case study, this article establishes how and why a complete model …

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Handbuch Zur Lateinischen Sprache Des Mittelalters, 2: Bedeutungswandel Und Wortbildung, Scott Gwara Jan 2003

Handbuch Zur Lateinischen Sprache Des Mittelalters, 2: Bedeutungswandel Und Wortbildung, Scott Gwara

Faculty Publications

No abstract provided.

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Forcible Arms Control: Preemptive Attacks On Nuclear Facilities, David Sloss Jan 2003

Forcible Arms Control: Preemptive Attacks On Nuclear Facilities, David Sloss

Faculty Publications

No abstract provided.

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Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf Jan 2003

Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf

Faculty Publications

This piece is the second in a trilogy of three simultaneously published articles in the Denver Journal of International Law that examine the emerging doctrine of "earned sovereignty," a concept that seeks to reconcile the principles of self-determination and humanitarian intervention with the principles of sovereignty and territorial integrity. This article sets forth the legal underpinnings for the doctrine, while the other two articles in the trilogy provide its policy foundations, and apply the doctrine to several modem case studies. Together, the three articles are the product of the Public International Law and Policy Group's "Intermediate Sovereignty Project," sponsored by …

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The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams Jan 2003

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …

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Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell Jan 2003

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

Faculty Publications

No abstract provided.

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The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz Jan 2003

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

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Mormons And The Media, 1898-2003: A Selected, Annotated, And Indexed Bibliography (With Suggestions For Future Research), Sherry Baker, Daniel Stout Jan 2003

Mormons And The Media, 1898-2003: A Selected, Annotated, And Indexed Bibliography (With Suggestions For Future Research), Sherry Baker, Daniel Stout

Faculty Publications

Print, electronic, and other forms of communications media have been consistently perceived and characterized by leaders of The Church of Jesus Christ of Latter-day Saints as tools to assist in spreading the gospel message throughout the world. Given this perspective, the Church from its earliest days has used various forms of media as vehicles of communication. It has produced or been affiliated with the production of numerous newspapers and magazines in the United States and in several countries worldwide. In the twentieth century, the Church embraced electronic media technologies promptly. Our goal as mass communications scholars was to compile a …

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Vectoral Federalism, Scott Dodson Jan 2003

Vectoral Federalism, Scott Dodson

Faculty Publications

In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups.Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps to …

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