Digital Commons Network^™

Tri-Relational View Of Human Agency, Jeffrey Scott Pflug

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Japanese-American Newspaper In Seattle: The Role Of The North American Post In The Seattle Nikkei Community, Hitoshi Ogi

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Anthology Of Vermin, Kim Todd

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

So Close To Falling| The Removal Of Hydroelectric Dams On The Elwha And Kennebec Rivers, Rachel D. Wray

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Octofoil, January/February 1999, Ninth Infantry Division Association

The Octofoil

The Octofoil is the offical publication of the Ninth Infantry Division Association, Inc., an organization formed by the officers and men of the 9th Infantry Division in order to perpetuate the memory of fallen comrades, preserve the esprit de corps of the Division, promote peace and serve as an information bureau about the 9th Infantry Division. The Association is made up of 9th Infantry veterans from WWII and Vietnam, spouses, widows and lineal descendants.

Private Ordering At The World's First Futures Exchange, Mark D. West

Michigan Law Review

Modern derivative securities - financial instruments whose value is linked to or "derived" from some other asset - are often sophisticated, complex, and subject to a variety of rules and regulations. The same is true of the derivative instruments traded at the world's first organized futures exchange, the Dojima Rice Exchange in Osaka, Japan, where trade flourished for nearly 300 years, from the late seventeenth century until shortly before World War II. This Article analyzes Dojima's organization, efficiency, and amalgam of legal and extralegal rules. In doing so, it contributes to a growing body of literature on commercial self-regulation while …

Direct Democracy In America, Sherman J. Clark

Michigan Law Review

The phrase "laboratories of democracy," as applied to the states, seems most often to mean something more like "democratic laboratories" - democratic testing grounds for various approaches to social problems. What sort of welfare reform will be most effective? Let Wisconsin try out Plan A, while Michigan experiments with Plan B. What combination of tort liability rules will achieve desired levels of compensation and deterrence? Let the states experiment with strict liability, comparative negligence, or various nofault schemes. It is also true, however, that the states are literally laboratories of democracy - arenas in which democratic institutions are themselves experimented …

Counseling Counsel For Children, Martin Guggenheim

Michigan Law Review

You are a lawyer working in juvenile court, representing children in proceedings in which their parents are accused of being unfit. Your clients range in age from newborns to seventeen-yearolds. At any one time you have 125 active cases on your docket. You work hard at your job, and you believe deeply in the rights of the children you represent. Occasionally, it occurs to you that you don't really have as good a sense as perhaps you should of your precise role and how you ought to discharge your responsibilities to your clients. But you don't ever seem to have …

The Distributive Foundation Of Corrective Justice, Hanoch Dagan

Michigan Law Review

There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, dare I say, the prevailing approach - analyzes private law through the lens of its social, economic, cultural, or political meanings and ramifications. For the purposes of this Article, we may call the proponents of this approach the "social values school." Other theorists, those who take a corrective justice approach, insist that the adjective "private" is significant and should be the starting point for any understanding of "private law." They claim that this starting point inevitably generates a radically different understanding of private law. Organized …

Transfer Pricing, Anders Leif Allvin

LLM Theses and Essays

Transfer pricing is one of the principal international taxation issues of the 1990s and potentially of future decades as well. For corporate enterprises, it can be difficult enough to do business in just one country, but it gets even more complex when they go international. The growth of multinational enterprises (MNEs) creates complex taxation issues for both the tax administrations as well for the MNE. Transfer pricing concerns allocation of income earned within affiliated corporate groups in different countries, which must satisfy tax authorities that they are not evading taxes through the use of transfer pricing. The main problem with …

The Role Of Market Power In Vertical-Agreement Doctrine: U.S. Antitrust And Ec Competition Law Compared, Jens H. Quellmalz

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of the role of market power in vertical-agreement doctrine under United States antitrust law and European Community competition law, tracing the doctrinal development from the Sherman Act's Section 1 and the landmark decision in Continental T.V. v. GTE Sylvania through the adoption of the EC's new single block exemption regulation (Commission Regulation No. 2790/1999). Topics include the rule-of-reason and per se dichotomy, the burden-shifting model developed by U.S. lower courts, the theoretical underpinnings of market power measurement (including the Lerner Index and the structural approach of market definition), and the influence of …

Application-Centered Internet Analysis, Tim Wu

Faculty Scholarship

There is a now-standard debate about law and the Internet. One side asserts that the Internet is so new and different that it calls for new legal approaches, even its own sovereign law. The other side argues that, although it is a new technology, the Internet nonetheless presents familiar legal problems. It is a battle of analogies: One side refers to Cyberspace as a place, while the other essentially equates the Internet and the telephone.

In my view, these two positions are both wrong and right: wrong in their characterization of the Internet as a whole, yet potentially right about …

School-Based Juvenile Boot Camps: Evaluating Specialized Treatment And Rehabilitation (Star), Chad R. Trulson, Ruth Triplett

Sociology & Criminal Justice Faculty Publications

Implemented in Montgomery County, Texas, STAR deviates from traditional boot camps in a variety of ways. The program is closely coupled with school jurisdictions, the juvenile court, and correctional authorities. In addition, the program is non-residential and serves status, misdemeanor, and felony juvenile offenders and mandates parental participation. STAR was initiated to address several goals: enable individuals to remain in school while reducing their disruptive behavior, use school expulsion as a last resort, improve the academic performance of participants, coordinate a joint effort between juvenile authorities and school jurisdictions, instill a sense of pride and discipline in participants, and reduce …

Gustavo Gutierrez's Understanding Of The Kingdom Of God In The Light Of The Second Vatican Council, Victor Figueroa-Villarreal

Dissertations

The proclamation of the Kingdom of God has been reformulated in every age and interpreted accordingly with regard to time and place. Traditionally within Roman Catholicism the Kingdom of God was identified with the church. This view produced a triumphalist attitude within the Roman Catholic Church. The Second Vatican Council brought a new attitude of openness toward the modern world, and with it the council opened the door for Roman Catholic liberation theologians to look for new ways to find what they regarded as the just solutions to the problems of Latin America.

The purpose of this research is to …

Theory Of Mind In Children With Autism: Is There A Need For Better Tests Of What They Know?, Alex Karen Proto

School of Psychology Theses

This research looked at the ability of children with autism to understand theory of mind. This is the ability to attribute mental states (e.g. believing, thinking, knowing etc.) to oneself and to others. The main aim of the study was to provide evidence, contrary to a large body of previous research, that individuals with autism can exhibit a theory of mind, when the standard tests used in the past are simplified for this population. A further aim of the study was to show that language ability is significant in terms of theory of mind task performance. It was hypothesised, because …

Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred

Seattle University Law Review

This Article makes two observations, both in Parts II and III, that have received insufficient attention in the academic literature and in the courts. First, students in public school classrooms are "captive speakers." Due to compulsory attendance laws, students are "captive" not only when hearing speech, but also when they wish to speak. Adhering to the First Amendment means protecting not only captive listeners, but also captive speakers. Second, in the face of the potential misperception of students that their school endorses the speech of a fellow student, teachers have an extraordinary opportunity to simultaneously disclaim endorsement and teach the …

Review: The Essence Of Property Law, Vada Waters Lindsey

Seattle University Law Review

Part II of this essay will outline my overall approach to teaching Property and the inherent challenges of the subject. Part III sets out the topics covered in my property classes and the relevance of the “bundle of rights” concept. Part IV describes my use of the problem method in teaching Property and counters the purported disadvantages of applying that method. That part also demonstrates the practical use of the problem approach. Part V examines the evolutionary nature of property law and looks at three areas of law: landlord and tenant relationships, the law of servitudes, and future interests.

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Seattle University Law Review

In this review, I will concentrate on two perspectives on the book. I first taught Property in the spring 1998 semester (using the third edition of Dukeminier and Krier) and am (as I write this) about to begin my second year of teaching the course. I can thus give the perspective of a new teacher of the subject. In addition, I am an economist as well as a lawyer and am deeply fascinated by legal history. I try to bring both law and economics and historical perspectives to my teaching. I therefore offer an evaluation of the book with respect …

Critiquing And Evaluating Law Students' Writing: Advice From Thirty-Five Experts, Anne Enquist

Seattle University Law Review

While there are some differences of opinion about what is the best way to comment on and grade law students' writing, a consensus seems to be developing based on the experience and insights of those in the profession who have done the job the longest and survived to tell about it. To help articulate this consensus, I selected thirty-seven experienced legal writing professors and asked them to respond to a questionnaire about critiquing and evaluating law students' writing. My goal was to gather and record their wisdom, insights, and experience for other legal writing professors, particularly those who are new …

Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz

Seattle University Law Review

The adoption of the Washington Growth Management Act (GMA or "the Act") marked a major change in local government land use decision-making in the State of Washington. The Act's requirement that local governments adopt a comprehensive land use plan (Plan) to guide development consistent with goals adopted by the state legislature and then implement that Plan with consistent regulations was a revolutionary step toward statewide land use planning. Much has been written about the "GMA revolution." These writings primarily focus on the GMA's procedural and substantive requirements for adoption of Plans and how these mandates have changed the face of …

Including Best Available Science In The Designation And Protection Of Critical Areas Under The Growth Management Act, Alan D. Copsey

Seattle University Law Review

This Article discusses the meaning of these latter two requirements: the requirements to include best available science and to give special consideration to the conservation of anadromous fisheries. Section II defines "best available science" by examining the fundamental characteristics of scientific information applied in the context of the GMA. Expanding on the work of a technical team convened by DCTED, this Article suggests an approach useful for identifying scientific information and assessing which of that information should be considered the "best available science." Section III concludes that the requirement of RCW 36.70A. 172(1) to include best available science is a …

The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Testing The Naalc's Dispute Resolution System: A Case Study , John P. Isa

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Index By Author, Paul Siddens Iii

Iowa Journal of Communication

No abstract provided.

Cooperation With Federal Prosecutors: Experiences Of Truth Telling And Embellishment, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Chris Guthrie, Joanna L. Grossman

Hofstra Law Faculty Scholarship

The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the first adoption statutes emerged in the United States. Although the enactment of these statutes has been hailed as "an historic moment in the history of Anglo-American family and society" and "the most far-reaching innovation of nineteenth-century custody law," few scholars have made an effort to document the actual operation of adoption law following the enactment of these landmark statutes.

This article does just that. Drawing …

The Age Of Autonomy: Legal Reconceptualizations Of Childhood, Janet L. Dolgin

Hofstra Law Faculty Scholarship

This Article aims to explain the peculiarity involved in the law's redefining children in two contexts in which such redefinitions seem least felicitous. Toward this effort, Part II, following this introductory section, outlines the developing preference within society and within the law for individualism within American families, especially insofar as adults are concerned. Part III considers the depth of social ambivalence about that preference with regard to understandings of children and childhood. Part IV details and compares concrete legal responses to children in dysfunctional families and to children within the juvenile justice system. Part V focuses on the implications of …

Reclaiming Social Rights: International And Comparative Perspectives, Barbara Stark

Hofstra Law Faculty Scholarship

In Reclaiming Social Rights: International and Comparative Perspectives, Paul Hunt, formerly a Visiting Fellow with the Harvard Human Rights Program, now at the University of Waikato, New Zealand, grapples with the historical and political marginalization of social rights, and offers visionary but practical plans for reclaiming them. By "social rights," Hunt means the rights set out in Articles 11- 14 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), including an adequate standard of living, food, shelter, health, and education. Hunt seeks a broad audience, focusing on the human rights community, which, as he correctly points out, has …

Minority Preferences Reconsidered, Terrance Sandalow

Reviews

During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.