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Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.

Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims

Faculty Scholarship

No abstract provided.

Interpreting Carnivore Scent-Station Surveys, Glen A. Sargeant, Douglas H. Johnson, William E. Berg

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

The scent-station survey method has been widely used to estimate trends in carnivore abundance. However, statistical properties of scent-station data are poorly understood, and the relation between scent- station indices and carnivore abundance has not been adequately evaluated. We assessed properties of scent- station indices by analyzing data collected in Minnesota during 1986-93. Visits to stations separated by < 2 km were correlated for all species because individual carnivores sometimes visited several stations in succession. Thus, visits to stations had an intractable statistical distribution. Dichotomizing results for lines of 10 stations (0 or ≥ 1 visits) produced binomially distributed data that were robust to multiple visits by individuals. We abandoned 2-way comparisons among years in favor of tests for population trend, which are less susceptible to bias, and analyzed results separately for biogeographic sections of Minnesota because trends differed among sections. Before drawing inferences about carnivore population trends, we reevaluated published validation experiments. Results implicated low statistical power and confounding as possible explanations for equivocal or conflicting results of validation efforts. Long-term trends in visitation rates probably reflect real changes in populations, but poor spatial and temporal resolution, susceptibility to confounding, and low statistical power limit the usefulness of this survey method.

Review Of The Papers Of John Marshall, Vol Viii: Correspondence, Papers And Selected Judicial Opinions, March 1814-December 1819, Edited By Charles Hobson, James L. Kainen

Faculty Scholarship

No abstract provided.

Index- Fall 1998

Great Plains Quarterly (through 2013)

Index pp. 361-368 (8 pages)

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Articles by Maurer Faculty

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.

United States Society For Education Through The Arts Collection, Zach S. Henderson Library Special Collections

Finding Aids

Spanning 1947-2005, this collection consists of organizational records for the United States Society for Education through the Arts, including conferences, newsletters, correspondence, expense reports, and periodicals.

Find this collection in the University Libraries' catalog

The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

New Investigative Techniques [In Mummies, Disease & Ancient Cultures], Theodore A. Reyman, Henrick Nielsen, Ingolf Thuesen, Derek N. H. Notman, Karl Reinhard, Edmund Tapp, Tony Waldron

Karl Reinhard Publications

In this chapter, we shall see how the amplification of minute amounts of genetic material by the polymerase chain reaction (PCR) has enabled researchers to identifY both native and infectious DNA in these bodies. The use of amplified bacterial and viral DNA may turn out to be Aidan Cockburn's 'magic bullet' for solving some of the mysteries of infectious disorders in ancient populations. In the same fashion, native DNA may give us clues to a variety of genetic abnormalities that existed in those distant times. These newer techniques will be the focus of the revised technical section in this second …

Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to briefly discuss the experience of Mexicans and their Mexican-American heirs in litigating their rights under the Treaty of Guadalupe Hidalgo. It seeks to ask whether there may be any parallels and possible lessons to be learned from the litigation experience of Mexican claimants under the earlier Treaty for the NAFTA parties - especially Mexico - as the NAFTA parties engage in dispute resolution.

Part II of this article sets out the background of the Treaty, including a brief review of the United States-Mexican War. It describes the terms of the Treaty and observes that Mexico had …

Amphicyonidae, Robert Hunt

University of Nebraska State Museum: Mammalogy Papers

The Amphicyonidae occur in North America from late Eocene (~40 Ma) to early late Miocene (~9 Ma), a span of 31 million years. In the North American land mammal biochronology, this diverse family extends from the Duchesnean to the end of the Clarendonian and is especially well represented in the Miocene (~5-24 Ma). In the Old World, amphicyonids survive no longer than in North America: The last European records are Vallesian (Dinotheriensande, Mainz Basin, Germany, Kuss, 1965, Tobien, 1980; Vallés-Penédes Basin, Spain, Crusafont-Pairó and Kurten, 1976), and the last representative may occur at about 9 Ma at Kohfidisch, Austria (latest …

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Book Review. Courts, Congress, And The Constitutional Politics Of Interbranch Restraint, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

The Independence Of The Judicial Branch In The New Republic, Charles G. Geyh, Emily Field Van Tassel

Articles by Maurer Faculty

No abstract provided.

Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.

Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Religiously Devout Judges: Issues Of Personal Integrity And Public Benefit, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Reframing The Misappropriation Theory Of Insider Trading Liability: A Post-O'Hagan Suggestion, Donna M. Nagy

Articles by Maurer Faculty

For almost two decades, the United States Supreme Court was silent as to the validity of the so-called 'fraud on the source" misappropriation theory of insider trading liability. This changed in June 1997 when the theory received a resounding endorsement from the Court in United States v. O'Hagan.

Critics of O'Hagan have argued that the Court's decision reaches too far. However, this Article contends that the Court actually endorsed a theory that does not reach far enough. By analyzing and critiquing the reasoning of the majority opinion in O'Hagan, this Article demonstrates that the Court's unnecessarily restrictive misappropriation theory will …

The Unitary Second Amendment, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Theories Of The Corporation And The Limited Liability Company: How Should Courts And Legislatures Articulate Rules For Piercing The Veil, Fiduciary Responsibility And Securities Regulation For The Limited Liability Company, David L. Cohen

Oklahoma Law Review

No abstract provided.

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins

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

The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …

Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins

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

It is widely reported that the federal government has a trust relationship with the Indian peoples of this land, one of the many distinctive features of the indigenous/federal relationship. Despite the importance of this concept, legal and political commentators and, surprisingly, federal policy makers have radically conflicting definitions of what the trust relationship actually means.

Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

The decision of the Court of Appeals for the Fifth Circuit in Hopwood v. Texas sent shock waves through the academic community with its holding that the Equal Protection Clause of the Fourteenth Amendment prohibited the University of Texas Law School from taking account of race as a factor in its admissions process. In the course of invalidating certain procedures employed by the law school, the Fifth Circuit concluded that Justice Powell's influential opinion in Regents of the University of California v. Bakke, which recognized the pursuit of diversity in higher education as a compelling state interest, had never constituted …

Classroom Discussion: A Journey To Decentralizing The Classroom, Mike Suther

Graduate Research Papers

Throughout history of the United States, teachers have instigated classroom discussion about text in hopes that talk enhanced understanding. More recently, Vygotsky (1978) produced evidence of the importance of social talk in learning. It is through this social interaction or discussion that students construct and negotiate meaning of text. What constitutes social interaction or discussion is what leads some teachers to disagree. The literature on discussion has classified it into two types: recitation and discussion.

Steps Toward Determination Of The Size And Structure Of The Broad-Line Region In Active Galactic Nuclei. Xii. Ground-Based Monitoring Of 3c 390.3, Matthias Dietrich, T. D. Oswalt, Jun Tao

Aerospace, Physics, and Space Science Faculty Publications

Results of a ground-based optical monitoring campaign on 3C 390.3 in 1994-1995 are presented. The broadband fluxes (B, V, R, and I), the spectrophotometric optical continuum flux Fλ(5177 Å), and the integrated emission-line fluxes of Hα, Hβ, Hγ, He II λ15876, and He II A4686 all show a nearly monotonic increase with episodes of milder short-term variations superposed. The amplitude of the continuum variations increases with decreasing wavelength (4400-9000 Å). The optical continuum variations follow the variations in the ultraviolet and X-ray with time delays, measured from the centroids of the cross-correlation functions, typically around 5 days, but with uncertainties …

The Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, Doris Estelle Long

North Carolina Journal of International Law

No abstract provided.

1998 Dry Bean Grower Survey Of Pest Problems And Pesticide Use In Minnesota And North Dakota, H. A. Lamey, R. K. Zollinger, M. P. Mcmullen

ER Series – Extension Reports

No abstract provided.

Torts: Kraszewski V. Baptist Medical Center Of Oklahoma, Inc.--The Oklahoma Supreme Court Recognizes The Tort Of Intentional Infliction Of Severe Emotional Distress In A New Context, Matthew B. Free

Oklahoma Law Review

No abstract provided.