Digital Commons Network^™

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.

Technological Change And Women’S Participation In Crop Production In Bangladesh, S Rahman, Jk Routray

School of Geography, Earth and Environmental Sciences

There is a dearth of information on the employment effects of modern agricultural tech nology on rural women in Bangladesh. The present study1 looks at women's participation in crop production activities, examines their influence in the diffusion of modern technol ogy and their participation in the hired labor market. Data for this study comes from two intensive surveys conducted in the crop years 1989 and 1996 in three agro-ecological regions of Bangladesh. Findings suggest that the prevailing claim-that women are involved only in post- harvest processing of crops-underestimates their contribution to agricultural production. Women's share of total labor is 10-18 …

Instigating Change In A Globalised Social Environment : The Impact Of Globalisation Upon The Promotion Of Vegetarianism In The United Kingdom, Andrew David Smart

School of Law, Humanities and Social Sciences Theses

In this thesis I examine globalisation as an ongoing social change to understand how it is routinely reproduced by social actors. To do this I consider the impacts of globalisation in an existing social setting and use a conceptual framework from the sociological literature to interpret and explain the evidence. The empirical materials were gathered during an ethnographic case study of The Vegetarian Society - an interest group that actively promoted social change by presenting everyday individual food consumption in the manner of reflexive 'life politics'. I use the concepts of 'interpenetration', 'relativisation', 'detraditionalisation' and 'institutional reflexivity' to indicate that …

The Determinants Of Voter Turnout In English Local Government Elections, James Daniel Downe

School of Law, Humanities and Social Sciences Theses

The level of local election turnout has important political and democratic implications. It is politically important because the electoral process ensures that local councillors are held directly accountable to the people. The level of voter turnout and how these votes are apportioned will determine the electoral outcome. Voter turnout also plays a significant role in our evaluation of local democracy. When voter participation is high then local democracy is perceived as being healthy, while low turnout is regarded as a sign of the public's lack of interest in the local democratic process. Given this background, therefore, it is surprising to …

Patriarchy And Discordant Discourses In The Contemporary Roman Catholic Church : The Voices Of Priests And Women In Parish Settings, Geraldine Sharp

School of Law, Humanities and Social Sciences Theses

This thesis explores the sexual theology and contemporary teachings of the Roman Catholic Church and considers their implications for women and priests. It examines the salience and relevance of traditional teaching in the everyday lives of priests and women. It questions the link between a traditionally formed priesthood and the customary beliefs and practices of 'ordinary' English Catholics. Feminist scholarship has produced powerful insights into the ways in which organised religion has subordinated women through patriarchal structures and organisation, although there has been little exploration of the gendered nature of Catholic sexual theology. This thesis suggests that the negative construction …

Aicpa Professional Standards: Quality Control As Of June 1, 1998;, American Institute Of Certified Public Accountants. Auditing Standards Board

AICPA Professional Standards

No abstract provided.

Aicpa Professional Standards: Bylaws As Of June 1, 1998, American Institute Of Certified Public Accountants

AICPA Professional Standards

No abstract provided.

Aicpa Professional Standards: Code Of Professional Conduct As Of June 1, 1998, American Institute Of Certified Public Accountants. Continuing Professional Education Division. Cpe Standards Subcommittee

AICPA Professional Standards

No abstract provided.

Aicpa Professional Standards: Statements On Responsibilities In Tax Practice As Of June 1, 1998, American Institute Of Certified Public Accountants. Committee On Federal Taxation

AICPA Professional Standards

No abstract provided.

Preparing And Reporting On Cash- And Tax-Basis Financial Statements, Michael J. Ramos, American Institute Of Certified Public Accountants. Accounting And Auditing Publications Team

Guides, Handbooks and Manuals

No abstract provided.

Peer Review Program Materials: Off-Site Team Captain Package, American Institute Of Certified Public Accountants. Peer Review Board

Guides, Handbooks and Manuals

No abstract provided.

Auditing Estimates And Other Soft Accounting Information, Michael J. Ramos, Linda C. Delahanty

Guides, Handbooks and Manuals

No abstract provided.

Cpa's Guide To Forensic Accounting For Divorce Engagements, Ezra Huber

Guides, Handbooks and Manuals

No abstract provided.

Financial Statement Reporting And Disclosure Practices For Employee Benefit Plans; Aicpa Practice Aid Series, Linda Delahanty

Guides, Handbooks and Manuals

No abstract provided.

Roadmap Of The Peer Review Process : Getting The Most Value From Your Peer Review, American Institute Of Certified Public Accountants. Pcps Executive Committee

Guides, Handbooks and Manuals

No abstract provided.

Pfp Practice Handbook, 1998/1999, American Institute Of Certified Public Accountants. Personal Financial Planning Division

Guides, Handbooks and Manuals

No abstract provided.

Autopoiesis And The "Relative Autonomy" Of Law, Hugh Baxter

Faculty Scholarship

Recent accounts of the relation between law and other social spheres have emphasized law's "relative autonomy." The intuition behind the "relative autonomy" formula is that law is neither wholly independent of, nor entirely reducible to, political, economic and other social processes. Sensible as this intuition is, however, the idea of "relative autonomy" by itself remains purely negative. It excludes two unpalatable extremes – pure formalism and pure instrumentalism – but it does not by itself characterize, in positive theoretical terms, the relation between law and other social discourses or practices.

This Article examines an attempt in recent German social thought …

Cross-Border Securitization: Without Law, But Not Lawless, Tamar Frankel

Faculty Scholarship

The Article discusses two puzzles posed by cross-border securitization.

First, why do the innovators in this area "give away" their creations through publications and other means rather than attempt to extract licensing fees by registering copyrights, patents, and trade names? The Article shows that innovators benefit from "giving away" their innovations through fees of the first clients or future clients to a greater extent than through licensing fees. Second, how can securitization markets develop under fragmented and unpredictable laws? The Article argues that cross-border securitization is flourishing under a "law merchant," which is later incorporated into domestic laws. In fact, …

Protecting Patients From Discrimination: The Americans With Disabilities Act And Hiv Infection, George J. Annas

Faculty Scholarship

The Americans with Disabilities Act (ADA) was passed in 1990 to expand the reach of the Rehabilitation Act of 1973 and make discrimination on the basis of disability unlawful. The wheelchair symbol has become a universal sign of disability, but there are, of course, many types of disability that have been the basis of discrimination over the years, including blindness, deafness, epilepsy, cancer, heart disease, and mental retardation. AIDS is a disability under the ADA, and most commentators have assumed that infection with the human immunodeficiency virus (HIV) also qualifies as a disability under this act. It was not, however, …

Partial-Birth Abortion, Congress, And The Constitution, George J. Annas

Faculty Scholarship

The political debate over abortion during the past 25 years has shifted among various dichotomous views of the world: life versus choice, fetus versus woman, fetus versus baby, constitutional right versus states' rights, government versus physician, physician and patient versus state legislature. Hundreds of statutes and almost two dozen Supreme Court decisions on abortion later, the core aspects of Roe v. Wade, 1 the most controversial health-related decision by the Court ever, remain substantially the same as they were in 1973. Attempts to overturn Roe in both the courtroom and the legislature have failed. Pregnant women still have a constitutional …

A National Bill Of Patients' Rights, George J. Annas

Faculty Scholarship

In one of the most enthusiastically received proposals in his January State of the Union address, President Bill Clinton called on Congress to enact a national bill of rights in health care. The President said, “You have the right to know all your medical options, not just the cheapest. You have the right to choose the doctor you want for the care you need. You have the right to emergency room care, wherever and whenever you need it. You have the right to keep your medical records confidential.”

Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke

Faculty Scholarship

In the last few years, the Internet has increasingly become a source of information even for the historically computer illiterate. The growing popularity of the Internet has been driven in large part by the World Wide Web (web). The web is a system that facilitates use of the Internet by helping users sort through the great mass of information available on it. The web uses software that allows one document to link to and access another, and so on, despite the fact that the documents may reside on different machines in physically remote locations. The dispersion of data that is …

Defining The Limits Of Free-Riding In Cyberspace: Trademark Liability For Metatagging, Maureen A. O'Rourke

Faculty Scholarship

The Internet has the potential to revolutionize global communication, offering a relatively low-cost means for information exchange. Since its inception as a research network, the Internet has developed into a "a vast library including millions of readily available and indexed publications and a sprawling mall offering goods and services."' The World Wide Web ("Web"), a tool which helps to organize the enormous amount of information available on the Internet, has been a catalyst in the Internet's emergence as a viable commercial marketplace.

Arbitration In Banking And Finance, William W. Park

Faculty Scholarship

The world's bifurcation into debtors and creditors has created yet another class of people: those involved in resolving disputes between lenders and borrowers. To promote reliability in financial dispute resolution, credit agreements have generally provided that potential controversies will be submitted either to courts in the bank's home jurisdiction, or to courts of a major money center such as London or New York.

Bridging The Gap In Forum Selection: Harmonizing Arbitration And Court Selection, William W. Park

Faculty Scholarship

More than one thoughtful international business manager has been haunted by the fear that foreign judges might not always respect Moses' admonition to impartiality., Concern that the other side will have an unfair advantage in its home court has often driven lawyers to include in international contracts one of two forum selection devices:2 an arbitration agreement entrusting the controversy to a private decision-maker or a courtselection clause granting adjudicatory power to courts at a designated location.3 Both mechanisms can enhance political and procedural neutrality, thereby facilitating business ventures when parties have a mutual mistrust of each other's courts and a …