Digital Commons Network^™

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

UC Law Journal

No abstract provided.

Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera

UC Law Journal

No abstract provided.

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

UC Law Journal

While Americans historically have supported efforts to provide financial assistance to the truly needy members of our society, we have a fear that giving cash or other forms of economic assistance to the unemployed but able-bodied is morally corrupting and fosters economic dependency. Recent efforts to overhaul welfare and bankruptcy laws resulted from the public's perception that too many people failed to become economically self-sufficient despite an extended peacetime period of economic prosperity.

This Article examines our society's uneasy relationship with the working poor and our hesitancy to provide economic relief to ablebodied people who appear to have contributed to …

Institutional Signals And Implicit Bargains In The Ulp Strike Doctrine: Empirical Evidence Of Law As Equilibrium, Michael H. Leroy

UC Law Journal

Law as Equilibrium hypothesizes that the Supreme Court acts strategically, through signals and implicit bargains with the coordinate branches, to import its substantive values to public policies. In this Article, Professor LeRoy provides strong empirical support for this theory.

Examining 467 National Labor Relations Board decisions over a 60- year period that categorized permanent replacement strikes as "economic" or "unfair labor practice" (ULP) strikes, I find remarkable evidence of decisional constancy. For the 1940s, the Board ruled that a replacement strike was also a ULP strike in 39% of its cases. These rulings essentially negated an employer's right to hire …

Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne

All Faculty Publications

The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …

Interpreting The Income Tax Act - Part 1: Interpretive Doctrines, David G. Duff

All Faculty Publications

This two-part article discusses the various doctrines to which Canadian courts have referred in interpreting the Income Tax Act, evaluates these doctrines, and proposes an alternative "pragmatic" approach that offers a more open, reasoned, and balanced method of statutory interpretation than each of the alternatives otherwise available. Part 1 of the article reviews the four main doctrines applied by Canadian courts in interpreting the Income Tax Act: strict construction, purposive interpretation, the plain meaning rule, and the words-in-total context approach. After the characteristics of each of these four doctrines have been explained, the article examines leading tax cases in which …

Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff

All Faculty Publications

Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the words-in-total-context approach) and examined leading cases in which these doctrines have been defined and applied. Part 2 of the article evaluates each of the interpretive doctrines examined in part 1 and develops, as an alternative, an explicitly "pragmatic" approach. This alternative approach builds on the words-in-total-context doctrine by interpreting the words of the Act "in their entire context," having regard to the scheme of the Act, the …

The Case For Punitive Damages In Contracts, William S. Dodge

Faculty Scholarship

No abstract provided.

On The Received Wisdom In Federal Courts, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Who Determines Children's Best Interests?, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Book Review. Roman Law After The Fall Of Rome, David V. Snyder

Articles by Maurer Faculty

Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.

Revisiting The Struggle For Integration, Michelle Fine, Bernadette Anand

Publications and Research

The project we describe in this article emerged from thinking about Fridays. While the Monday through Thursday schedule at Renaissance Middle School in Montclair, New Jersey covers the traditional distribution of curriculum, Fridays are dedicated to nine-week cycles of two hour sessions. Each session involves in-depth work focusing on five themes: Aviation, Genetics, Building Bridges, Community Service and this, the Oral History Project. Because the school is thematically organized around core notions of justice, history, social movements and "renaissances" (that is, Italian, Harlem and Montclair), we structured this project around the deeply contested history of desegregation of the Montclair public …

Review Of La Imagen De Nuestros Músicos: Del Siglo De Oro A Edad De Plata, Antoni Pizà

Publications and Research

La imagen de nuestros músicos: Del Siglo de Oro a la Edad de Plata is a hefty compilation of 681 portraits of Spanish composers from the Renaissance to the present. The illustrations are organized in four large chapters: "Del siglo de oro a la ilustración", covers the 16th, 17th, and 18th centuries; "El primer romanticismo" and "El segundo romanticismo", deal with the first and second half of the 19th century; the final section, "Los músicos de nuestro siglo" focuses on the 20th century. If my numbers are correct, the earliest composer included in the study is the polyphonist Cristóbal de …

Stravinsky's Serial "Mistakes", Joseph N. Straus

Publications and Research

In 1952, after the completion of The Rake's Progress, Stravinsky embarked on a remarkable voyage of compositional discovery. His late works differ from his earlier ones in striking and profound ways. During the final two decades of his life, every major work was almost shockingly new, right down to original, and ever-changing, principles of structural formation. The works in this period describe a succession of compositional firsts, including his first works to use a series (Cantata [1952], Septet [ 1953], Three Songs from William Shakespeare [1954]); his first fully serial work (In Memoriam Dylan Thomas [1954]); his …

A New Thinking About Affirmative Action, Frank H. Wu

Faculty Scholarship

No abstract provided.

High-Resolution Carbonate Stratigraphy Of Images Core Md972151 From South China Sea, Chi-Yue Huang, Chia-Chun Wang, Meixun Zhao

Dartmouth Scholarship

High-resolution carbonate stratigraphy of the deep-sea core MD972151 from the southwestern South China Sea shows millennial-scale variability similar to oxygen isotopic fluctuations recorded in ice cores from Greenland. In a long term of glacial-interglacial scale, carbonate contents in the interglacial time (up to 25 % by weight) were higher than that in the glacial periods (5-15 % by weight). Even for the last glacial, carbonate contents are relatively high in the interstadial events and low in the stadial horizons. This demonstrates clearly that carbonate content in the continental slope above the lysocline in the southwestern South China Sea is primarily …

Portland State Magazine, Portland State University. Office Of University Communications

Portland State Magazine

PSU’s alumni magazine, published 2-3 times a year. In this issue: More powerful than a locomotive, Dark Horse Comics becomes the third largest comic book publisher in the U.S.; from Back to Beatles, the PSU Chamber Choir is spreading music around the globe; the university honors the life’s work of the late George Hoffman; students are getting into medical school with the help of PSU’s premed program; KPSU 1450 AM—it’s student-run radio at its boldest; an influx in immigration to the United States is changing the face of America; and more.

Military Terror And Silence In Brazil, 1910-1945, Shawn Smallman

International & Global Studies Faculty Publications and Presentations

Throughout the twentieth century, the Brazilian military has gone to great lengths to conceal its use of terror. The armed forces have kidnapped journalists, censored newspapers, and threatened authors. Such censorship and silencing have not only limited criticism from powerful social groups, but have also enabled the military to defend political myths that are in its interest. To date, however, few scholars have carefully examined military terror in Brazil, although testimonials abound. In order to better understand this phenomenon, consequently, this study examines two specific cases of military terror in Brazil, and the armed forces' efforts to silence or shape …

Annual Faculty Senate Minutes October 1999 - June 2000, Portland State University Faculty Senate

Annual Compilations of the Faculty Senate Minutes (Minutes Only)

Minutes of the Faculty Senate for October 1999 to June 2000.

The Effects Of Urbanization And Human Disturbance Upon Plant Community Structure And Bird Species Richness, Diversity, And Abundance In A Natural Forested Area (Forest Park) In Portland, Oregon, Nancy Ellen Broshot

Dissertations and Theses

The effects of urbanization and continual human disturbance on the plant and avian communities of Forest Park and forested lands surrounding Portland, Oregon, were studied. I examined characteristics of plant and avian communities at 25 sites, 24 which were in Forest Park and surrounding areas and one which was in the Ancient Forest Preserve (old-growth stand) northwest of Forest Park. Data were analyzed using multiple regression, ANOV A, and Bonferonni/Dunn. Seven variables were selected representing different urbanization gradients. An additional covariable coded for the old-growth stand, allowing it to be used as a control.

Many tree variables, especially those related …

Compensation For Fear Of Contracting Asbestosã¢Â‚¬Â€Œrelated Diseases: Critical Reflections On An Important U.S. Supreme Court Opinion And Its Relevance For Europe, David I. Levine, Carel J. Stolker

Faculty Scholarship

No abstract provided.

Critical Multiculturalism And The Globalization Of Capital: Some Implications For A Politics Of Resistance, Ramin Farahmandpur, Peter Mclaren

Educational Leadership and Policy Faculty Publications and Presentations

Despite the historic defeat of Marxism and constant attempts by so-called progressive educators to exorcize any residual Marxist discourse from the literature on multiculturalism, the contradictions of capital playing themselves out in the theater of contemporary social relations are beckoning Marx's spectre to return and further trouble those theories proclaiming that the "end of ideology" is upon us and that all we need to do in order to rescue humanity is to heed the clarion call of diversity. Too often overlooked in the debates over multiculturalism at present engulfing the academy are the myriad ways in which globalization is shaping …

Truth In Translation : Comparative Study In Hungarian Language And Literature, Rebecca Lieberg

Undergraduate Theses and Senior Projects

No abstract provided.

A Piece Of Me, Kristi Evenson

Undergraduate Theses and Senior Projects

No abstract provided.

Is The Medium The Message? A Discussion Of Susskind's The Future Of Law, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Book Review. From Renaissance Poland To Poland's Renaissance, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Utility Of The Anxiety Cluster Scale Of The Piers-Harris Children's Self-Concept Scale To Identify Anxiety Problems In 10 Year Old Children, Jeremy Singer

Theses: Doctorates and Masters

It is widely accepted in the literature that internalised childhood psychopathology including anx1cty is best identified by child self-report, followed by observations by parents and then to a lesser extent, by teachers. Although anxiety scales are a useful way to quantify anxiety symptomatology and progress through treatment, changes to classification systems (e.g., DSM-111-R to DSM-IV) make their ability to screen for the presence of psychiatric problems difficult. This research looked at whether the Anxiety Cluster (AC) scale of the Piers-Harris Children's Self-Concept Scale (PHCSCS) can be used to identify anxiety disorders in children. Two separate studies were conducted in the …

The Relative Importance Of Barriers To Cervical Cancer Screening In Older Women : A Review Of 140 Women And Their Pap Smear Providers, Nerida Beaumont

Theses: Doctorates and Masters

Cervical cancer remains a significant cause of death in women. There is a notable age related decrease in levels of screening and women aged over 50 years with later, more invasive disease. One hundred and forty women aged between 50 and 69 years (M "'58.21 years) and 23 Pap smear providers completed a Cervical Cancer Screening Questionnaire designed to identify the relative importance of barriers to attendance for cervical screening, as well as providers own barriers and issues. Responsibility for health, familiarity with, and ratings of the usefulness of Pap smears were the major dimensions along which regular and non-regular …

Ngaligura Wangkabinyarri, Banthaga, Jardimarri = We Talk, We Listen, We Embrace : Aboriginal Mothers As A Major Contributor To Their Daughters' Participation And Achievement In Tertiary Education, Odette Haley

Theses : Honours

This thesis examines Aboriginal mothers as one of the major variables to their daughters' participation and achievement in tertiary education. It presents the findings of research that Investigated specific nurturing behaviours of four Aboriginal mothers who assisted their adult daughters to participate and achieve in tertiary education. The research is qualitative in nature and research data was collected using interviews and ethnographic observations of the eight participants over a two and a half-year period. The observations and interviews were made of Aboriginal mothers whose daughters had achieved a degree or diploma through a university or further education institution. The findings …

The Legal Issues In Shakespeare's The Merchant Of Venice And Jonson's Volpone, Felicia A. Matthew-Stubbs

Theses : Honours

The aim of this thesis is to explore the legal issues within William Shakespeare's The Merchant of Venice, and Ben Jonson's Volpone. I will attempt to discover the extent to which both plays can be seen as indicative of English jurisprudence applicable to Early Modern England. I shall commence by investigating The Merchant of Venice through outlining the process of signing and sealing a contract, defining the roles of The Court of Chancery and The Court of Common Law and relating the judgements made by Portia and the Court to statutes, precedents and procedures applicable to the sixteenth and seventeenth …