Digital Commons Network^™

Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi

Articles

No abstract provided.

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Articles

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part 11 describes the Swiss tradition of bank secrecy. …

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Ii), Craig H. Allen

Articles

No abstract provided.

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part I), Craig H. Allen

Articles

In examining federalism issues relevant to merchant vessels, this article will distinguish between those laws and regulations governing liability for harm and those which regulate safety. Federalism questions arise most frequently in the former, private, maritime law domain, when courts are called upon to determine judicial jurisdiction and the extent to which state law may be applied to adjudicate liability and damages in cases falling within the admiralty and maritime jurisdiction. Less frequently, the federalism debate focuses on public maritime law, when states seek to regulate commercial vessel safety or vessel-source pollution.

This article will begin with an examination of …

Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn

Articles

Prior to the very recent explosion of interest in the Internet, for decades electronic commerce had been conducted on a large scale over closed networks. Since the late 1960s, billions of dollars in funds transfers have been executed over networked computer systems such as the Federal Reserve Wire Network (Fedwire), Clearing House Interbank Payment System (CHIPS), and the automated clearing house system (ACH); billions of dollars of goods have been sold over electronic data interchange networks. These closed, proprietary networks were built during the era of mainframe computer systems and are now being challenged by open networks of distributed client-server …

Open Systems, Free Markets, And Regulation Of Internet Commerce, Jane Kaufman Winn

Articles

Can commercial transactions conducted over the Internet be regulated by existing commercial law doctrines? Many promoters of Internet commerce argue that business done over open computer networks such as the Internet will require a new regulatory framework In fact, many issues raised by Internet commerce have already been considered at length in the context of electronic commerce conducted over closed computer networks, such as those used in financial markets.

One of the most hotly debated issues regarding the regulation of Internet commerce is the question of what would be the online equivalent of a signature. Some have argued that, because …

Mccarthyism, The Cold War And Their Aftermath, George Anastaplo

South Dakota Law Review

No abstract provided.

Impartial Juries Via Peremptory Challenges: State V. Etzkorn's Improper Focus On The Jurors Excused During Voir Dire, Naomi R. Cromwell

South Dakota Law Review

No abstract provided.

Hornell Brewing Co. V. Rosebud Sioux Tribal Court: Denigrating The Spirit Of Crazy Hourse To Restrain The Scope Of Tribal Court Jurisdiction, Christopher J. Schneider

South Dakota Law Review

No abstract provided.

The Uneasy Legacy Of Baker V. Selden, Dale P. Olson

South Dakota Law Review

No abstract provided.

Flashpoints In Legal Scholarship: Postmodern Theory, Race And Narrative, Chris Hutton

South Dakota Law Review

No abstract provided.

Gn.3(C) Is Prime If N Is Odd, John Ferdinands

University Faculty Publications and Creative Works

A finite CW complex X is said to be prime if for every Hurewicz fibration F → E → B with E homotopy equivalent to X, and B and F homotopically equivalent to finite CW complexes, either B or F is contractible. We show that the 3-plane complex Grassmannian Gn.3(C) is prime if n is odd.

About The Authors, Csr Editors

Clinical Sociology Review

No abstract provided.

"Mental Pictures And Emotional Intimacy: A Theoretical Explanation For The Sexual Sadistic Serial Murder's Heterosexual Lifestyle", John E. Holman

Clinical Sociology Review

This paper develops a theoretical explanation for the sexual sadistic serial murderer's heterosexual lifestyle. The theoretical formulation developed draws upon Glasser's (1984) control theory and Marshal's (1989) general theory of sexual offending. It synthesizes Glasser's propositions around idealized life style and mental pictures and Marshal's propositions on intimacy. The theoretical formulation developed focuses on the mental and behavioral contradictions implicit in the life of this type of offender. The paper concludes by comparing these lifestyles to those of homosexuals in similar heterosexual lifestyles.

Full Issue: Volume 16, Csr Editors

Clinical Sociology Review

No abstract provided.

Amicus Brief: Commonwealth V. Nixon, James G. Dwyer

Briefs

No abstract provided.

Modelling The Prevalence Of Down Syndrome With Applications Of Markov Chain Monte Carlo Methods, Isabelle Cella Bray

School of Engineering, Computing and Mathematics Theses

This thesis was motivated by applications in the epidemiology of Down syndrome and prenatal screening for Down syndrome. Methodological problems arising in these applications include under-ascertainment of cases in livebirth studies, double-sampled data with missing observations and coarsening of data. These issues are considered from a classical perspective using maximum likelihood and from a Bayesian viewpoint employing Markov chain Monte Carlo (MCMC) techniques. Livebirth prevalence studies published in the literature used a variety of data collection methods and many are of uncertain completeness. In two of the nine studies an estimate of the level of under-reporting is available. We present …

Fluid Inertia And End Effects In Rheometer Flows, Jason Hughes

School of Engineering, Computing and Mathematics Theses

This thesis is concerned with the characterisation of the flow behaviour of inelastic and viscoelastic fluids in steady shear and oscillatory shear flows on commercially available rheometers. The first part of this thesis is concerned with a linear viscoelastic theory to describe the oscillatory shear flow behaviour of fluids on a Weissenberg rheogoniometer. A fluid inertia perturbation analysis is used to produce analytical formulae for correcting complex viscosity data for first and second order fluid inertia effects. In order to validate the perturbation theory we perform a simulation of the oscillatory shear flow behaviour of Newtonian and single element Maxwell …

Intentional Classroom Humor In Nursing : A Multiple Case Study, Joan Kay Ulloth

Dissertations

Problem. The purpose of this study was to examine the perceived connections between the intentional use of humor in the nursing classroom and student learning in the cognitive and affective domains while seeking to understand student and teacher perceptions and responses to humor.

Method. This study used a case study approach and the end result is a multiple case study of three associate degree nursing instructors in the Midwest. The data collection methods included observations, interviews, and surveys. Data from the different sources were examined within and across cases for commonality or difference of experience. Connections were made between …

Employability Skills In The Undergraduate Business Curriculum And Job Market Preparedness : Perceptions Of Faculty And Final-Year Students In Five Tertiary Institutions, Patrick Antonio Williams

Dissertations

Problem

For several decades educators, researchers, and employers have expressed concern about the quality of business graduates that are entering the workplace as entry-level professionals. The major concern of these stakeholders is that many students who are leaving tertiary institutions lack the necessary employability skills needed for career success. Therefore, the purpose of this study was to investigate if undergraduate schools of business are adequately preparing their students for the workplace through the incorporation of employability skills throughout the curriculum. To achieve this purpose, the study measured the perceptions of both final-year undergraduate business students and their professors to determine …

Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman

Reviews

Difference, as well as distance, yields perspective. A comparison of legal systems may search for common underlying principles, or for lessons that one system might learn from another. But it may also be aimed primarily at illuminating one system by light shed from another. This is the aim of Evidence Law Adrift, Mirjan Damagka's elegant study of the common law system of evidence, and he is ideally suited for the task. Born and schooled in Continental Europe, he has lived and taught in the United States for twenty-five years. His relation to the common law system of evidence is, I …

Quit-Claiming The Doctrine Of Discovery: A Treaty-Based Reappraisal, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The discovery doctrine is one of the baseline legal concepts that has worked to seriously disadvantage the land rights of indigenous nations in the United States because it asserts, as one of its definitions, that the "discovering" European nations and their successor states, gained legal title to Indian lands in North America. The author argues, using comparative colonial and early American treaty, legislative, and other historical data, that this definition is a legal fiction. In historical reality, discovery was merely an exclusive and preemptive right that vested in the discovering state the right of first purchase.

Ammon In The Hebrew Bible: A Textual Analysis And Archaeological Context Of Selected References To The Ammonites Of Transjordan, James Roger Fisher

Dissertations

The study of the Transjordanian Iron-Age (ca. 1200-550 BC) state of Ammon is important to students of the Bible because of the numerous references to the Ammonites (bene 'ammon) included in the historical and prophetic sections of the Hebrew canon. The book of Genesis traces the ancestry of the "Sons of Ammon" to an eponymous ancestor named Ben Ammi--son/grandson of Abraham's nephew Lot (Gen 39:17).

Chapter 1 points out how Ammon--though often ignored or slighted in studies up to the mid-20th century--increasingly receives scholarly attention. It also shows a need for applying the results of archaeological research to facilitate a …

Effects Of Zooplankton Size And Concentration And Light Intensity On The Feeding Behavior Of Atlantic Mackerel Scomber Scombrus, William K. Macy, Sandra J. Sutherland, Edward G. Durbin

Graduate School of Oceanography Faculty Publications

Atlantic mackerel Scomber scombrus had low clearance rates when fed older stage copepodites of the copepod Calanus finmarchicus at high concentrations and high clearance rates at low concentrations. These rates were consistent with filter feeding at high concentrations and particulate feeding at low concentrations. Intermediate and small copepods presented together at high concentrations were cleared at lower rates than the large C. finmarchicus, suggesting lower filtration efficiencies. Intermediate and small copepods were presented over a range of light intensities (8.2 x 10^-8 to 1.6 x 10⁰ µE m^-2 s^-1). Feeding rate did not change …

Determining Geostrophic Velocity Shear Profiles With Inverted Echo Sounders, Yuguang He, D. Randolph Watts, Karen L. Tracey

Graduate School of Oceanography Faculty Publications

It is known that vertical acoustic travel time (τ), round‐trip from the seafloor to the sea surface as measured by inverted echo sounders (IESs), can be interpreted in terms of dynamic height. This relationship is generalized and quantified in this paper for dynamic height (ΔD_{i, j}) integrated between a variety of pressure limits (p_i, p_j) which span different portions of the main thermocline. The generalized form of the ΔD_i,j(τ) relationships is nonlinear; the conventional linear relationship is valid when the limits of integration span the entire main thermocline. Velocity …

Religious Law And Civil Law: Using Secular Law To Assure Observance Of Practices With Religious Significance, Kent Greenawalt

Faculty Scholarship

Civil law in the United States rarely helps to enforce religious standards or demands that people perform actions whose significance relates to religious obligations. Yet, some American states do have such involvement with certain observances of Orthodox and Conservative Judaism. Many states enforce kosher requirements, to which Orthodox and some Conservative Jews adhere. The laws, which penalize fraud in the labeling of products as kosher, serve the secular interest in preventing deception of consumers. However, the laws also force the state to decide when religious regulations have been violated.

Orthodox and Conservative Jewish divorces raise a second kind of involvement. …

The Newly Found "Compassion" For Sexually Violent Predators: Civil Commitment And The Right To Treatment In The Wake Of Kansas V. Hendricks, Elizabeth Weeks

Scholarly Works

In light of heart-wrenching stories of sexual abuse and public demands for safety, the Kansas v. Hendricks case presented the Supreme Court with compelling facts on which to uphold the Kansas commitment strategy. After all, the statute prevented the release of a man whose history of sex crimes, incarceration, and institutionalization spanned nearly two decades, and who admitted he still had sexual desires for children but could not control his urges. Faced with that evidence, the Court would have been hard-pressed to strike down the Kansas statute by finding that such a predator received inadequate treatment for his disorder, or …

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard Harcourt

Faculty Scholarship

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …

Philosophical Perspectives On Dramatic Art, Jane M. Gangi

Education Faculty Publications

Describes how the author facilitates drama experiences in the foundations of education courses that she teaches for preservice teachers. Suggests the course helps students gain an understanding of the philosophies of education, the rationale for arts in the curriculum, as well as multiple perspectives of dramatic art, by learning through experience.

Judicial Review Of Labor Arbitration Awards In Rhode Island, William E. Smith

Roger Williams University Law Review

No abstract provided.