Digital Commons Network^™

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Publications

No abstract provided.

Sex And The Social Order: The Selective Enforcement Of Colonial American Adultery Laws In The English Context, Carolyn B. Ramsey

Publications

No abstract provided.

Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson

Publications

No abstract provided.

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Publications

No abstract provided.

Customary International Law, S. James Anaya

Publications

No abstract provided.

Catalog Denison University 1998-2000

Denison University Catalogs

Denison University Course Catalog 1998-2000

Volume 48 Issue 3 (1998), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

A Legal History Of Irrational Exuberance, Daniel W. Levy

Case Western Reserve Law Review

No abstract provided.

Does Medicare Eligibility Affect Retirement?, Brigitte C. Madrian, Nancy Dean Beaulieu

Faculty Publications

Concern over the lack of portability associated with employer-provided health insurance has precipitated a recent flurry of research activity on the effects of health insurance on labor market outcomes. Several estimates suggest that the costs associated with changing doctors and losing coverage for preexisting conditions are sufficient to deter individuals from changing jobs. These costs may be particularly important for older individuals contemplating retirement because a departure from the labor force may involve not only a change in doctors or lack of coverage for preexisting conditions but a complete loss of access to employer-provided group health insurance.

Biomineralization Of Magnetic Iron Minerals In Bacteria, Richard B. Frankel, Dennis A. Bazylinski, Dirk Schϋler

Physics

Magnetotactic bacteria orient and migrate along magnetic field lines. This ability is based on a submicron assembly of single-magnetic domain iron mineral particles that elegantly solves the problem of how to construct a magnetic dipole that is large enough to be oriented in the geomagnetic field at ambient temperature, yet fit inside a micron-sized cell. The solution is based on the ability of the bacteria to accumulate high concentrations of iron, and control the deposition, size and orientation of a specific iron mineral at specific locations in the cell.

Learning To Learn: The Training Of Missionaries In Language Learning Strategies At The Missionary Training Center, D. Brian Kohler

Theses and Dissertations

Language learning strategies (LLS) are specific actions, behaviors, steps, or techniques that learners use to improve their rate and level of L2 development. This thesis details the development and validation of a LLS training program designed to measure if training in LLS increases LDS missionaries' awareness of LLS as potential language learning tools. Specifically, it explores the question as to whether missionaries trained in LLS use and intend to use LLS more frequently, more appropriately, and with a greater range than those not trained in LLS.

The development of the LLS training program involved selecting a set of 48 specific …

Measurement Of Jet Shapes In Photoproduction At Hera, J. Breitweg, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, R. Yoshida, H. Zhang, Margarita C. K. Mattingly, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, I. Gialas, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

The shape of jets produced in quasi-real photon-proton collisions at centre-of-mass energies in the range 134-277 GeV has been measured using the hadronic energy flow. The measurement was done with the ZEUS detector at HERA. Jets are identified using a cone algorithm in the η - φ plane with a cone radius of one unit. Measured jet shapes both in inclusive jet and dijet production with transverse energies EjetT > 14 GeV are presented. The jet shape broadens as the jet pseudorapidity (ηjet) increases and narrows as EjetT increases. In dijet photoproduction, the jet shapes have been measured separately for samples …

The Problem That Has No Name, Omi Morgenstern Leissner

Cardozo Journal of Equal Rights & Social Justice

The article examines how naming practices, deeply rooted in patriarchal societies, influence women's identity, autonomy, and societal status. It argues that traditional naming conventions, such as women adopting their husbands' surnames, reflect broader power dynamics that marginalize women and erase their individuality. The analysis highlights the legal, cultural, and psychological implications of these practices and advocates for self-naming as a form of resistance and empowerment.

High-ET Inclusive Jet Cross Sections In Photoproduction At Hera, J. Breitweg, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, R. Yoshida, H. Zhang, Margarita C. K. Mattingly, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

Inclusive jet differential cross sections for the reaction e+p → e+ + jet + X with quasi-real photons have been measured with the ZEUS detector at HERA. These cross sections are given for the photon-proton centre-of-mass energy interval 134 < W < 277 GeV and jet pseudorapidity in the range -1 < ηjet < 2 in the laboratory frame. The results are presented for three cone radii in the η - φ plane, R = 1.0, 0.7 and 0.5. Measurements of dσ/dηjet above various jet-transverse-energy thresholds up to 25 GeV and in three ranges of W are presented and compared to next-to-leading order (NLO) QCD calculations. For jets defined with R = 1.0 differences between data and NLO calculations are seen at high ηjet and low EjetT. The measured cross sections for jets defined with R = 0.7 are well described by the calculations in the entire measured range ηjet and EjetT. The inclusive jet cross section for EjetT > 21 GeV is consistent with an approximately linear variation with the cone radius R in the range between 0.5 and 1.0, and with NLO calculations.

Dear Justice White, Carl W. Tobias

Law Faculty Publications

Addressing Supreme Court of the United States Justice Justice Byron T. White, Chair of the Commission on Structural Alternatives for the Federal Courts of Appeals, Prof. Tobias offers advice on examining the problems confronting the courts and devising recommendations that address these problems within the Commission's statutory mandate.

Fostering Balance On The Federal Courts, Carl W. Tobias

Law Faculty Publications

During the 1992 presidential election campaign, Governor William Jefferson Clinton pledged to increase the numbers and percentages of women and minorities on the federal bench while appointing judges who are highly intelligent, demonstrate balanced judicial temperament, and exhibit a commitment to enforcing constitutional rights. The record of judicial selection that President Clinton compiled in his first term as Chief Executive shows that he honored these campaign commitments. President Clinton chose federal judges who make the judiciary's composition more closely resemble the American populace and who possess excellent qualifications.

The Clinton Administration named unprecedented numbers and percentages of very capable female …

The Sources And Scope Of Federal Procedural Common Law: Some Reflections On Erie And Gasperini, Wendy Collins Perdue

Law Faculty Publications

In this Essay I explore what traditional Erie cases would look like if we treated those cases just like classic federal common law cases. I conclude that such an approach is consistent with Erie itself and is also consistent with many of the holdings, if not the language, of traditional Erie cases. This unified approach to substantive and procedural federal common law might have some advantages. In addition to providing conceptual uniformity, this approach would offer an escape from current Erie doctrine, which is confused and unsatisfactory. Under the current doctrine, the Court appears to vacillate between the balancing test …

"Close Thy Byron; Open Thy Burns?" Or Carlyle's Burns, Rodger L. Tarr

Studies in Scottish Literature

No abstract provided.

The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash

Law Faculty Publications

I have the privilege of introducing the 1998 Bums Lecture Symposium- Religious Liberty in the Next Millennium: Should We Amend the Religion Clauses of the United States Constitution? My role in this Symposium is to acquaint you with the religion clauses of the Constitution- where they came from- where they've been- and where they seem to be today. Our Symposium contributors, Professors Kent Greenawalt and Robert George will discuss just where they think the religion clauses should go in the future.

Mormon Culture Meets Popular Fiction: Susa Young Gates And The Cultural Work Of Home Literature, Lisa Olsen Tait

Theses and Dissertations

The few studies of Mormon home literature that have been published to date dismiss it as inferior artistry, an embarrassing if necessary step in the progression towards true Mormon literature. These studies are inadequate, however, because they divorce the texts from their context, holding them up to standards that did not exist for their original audience. Jane Tompkins' theory of texts as cultural work provides a more satisfactory way of looking at these narratives.

Home literature is thoroughly enmeshed in the cultural discourse of its day. Beneath the surface, these didactic stories about young Mormons finding love with their foreordained …

Employment And Labor Law, Cyndi M. Benedict, Lucie Frost Webb, Joseph A. Bourbois, Jeffrey L. Bryan

SMU Law Review

No abstract provided.

Radical-Right And Neo-Fascist Political Parties In Western Europe, Roger Karapin

Publications and Research

Far right-wing parties have gained dramatically in many West European countries since the early 1980s. Recent cross-national studies distinguish between neo-fascist parties, which are anti-democratic and anti-capitalist, and radical right-wing parties which combine anti-immigration appeals with pro-capitalist, neo-liberal economic positions, social conservatism, and a basic acceptance of representative democracy. While the former have been stagnant and unimportant, the latter have been gaining. Yet there are also borderline cases where it is more difficult to determine whether the party rejects fascism and accepts democracy, a problem which the theoretical literature has neglected. The far right's success is largely due to the …

A Framework For Understanding Social Science Contributions To Ecosystem Management, Joanna Endter-Wada, Dale Blahna, Richard Krannich, Mark W. Brunson

Environment and Society Faculty Publications

We propose a framework for understanding the role that the social sciences should play in ecosystem management. Most of the ecosystem management literature assumes that scientific understanding of ecosystems is solely the purview of natural scientists. While the evolving principles of ecosystem management recognize that people play an important role, social considerations are usually limited to political and decision-making processes and to development of environmental education. This view is incomplete. The social science aspect of ecosystem management has two distinct components: one that concerns greater public involvement in the ecosystem management decision-making process, and one that concerns integrating social considerations …

Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Many scholars believe that customary international law (CIL) has the status of self-executing federal common law, to be applied by courts in the United States without any need for it to be enacted or implemented by Congress. In an article last year, we argued that this view lacks historical support and is in substantial tension with political branch enactments as well as broader constitutional principles of separation of powers, federalism, and representative democracy. We concluded that CIL should not be treated as federal law in the absence of authorization from the federal political branches. In the May 1998 issue of …

Why States Are Bound By Customary International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Victims’ Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller

Faculty Scholarship

No abstract provided.

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …

Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler

Faculty Scholarship

No abstract provided.