Digital Commons Network^™

Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey Kuhn

All Faculty Scholarship

No abstract provided.

The Palestinians In Lebanon: The Rights Of The Victims Of The Palestinian-Israeli Peace Process, Wadie E. Said

Publications

No abstract provided.

Rationing Justice—What Thomas More Would Say, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

The Police-Ization Of The Military, Charles J. Dunlap Jr.

Faculty Scholarship

This essay will briefly review the background of the use of the armed forces in a police capacity, discuss the growth of that role in the I980s and 1990s, and forecast an even greater expansion into that role in the near future due to the emerging threat of "catastrophic terrorism." It will contend that this increased reliance on military resources for policing is not in the interest of either the armed forces or the public. Finally, it will make some observations with a view towards minimizing the dangers of police-ization of the military while ensuring the Nation's public safety.

Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Nineteenth-Century Orthodoxy, Richard B. Collins

Publications

No abstract provided.

Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter

Publications

According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian …

Herd Behavior In Designer Genes, Peter H. Huang

Publications

The ability of individuals to choose their children's genes has increased over time and may ultimately culminate in a world involving free market reprogenetic technologies. Reprogenetic technologies combine advances in reproductive biology and genetics to provide humans increased control over their children's genes. This Article offers economic perspectives that are helpful in understanding the possibly unexpected ethical, legal, and social issues at stake in using reprogenetic technologies for trait enhancement selection. The Appendix analyzes two competitive games that might arise in such a biotechnological society. Specifically, the Article focuses on herd behavior, caused by either a popularity contest or positional …

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

Publications

No abstract provided.

No Vehicles In The Park, Pierre Schlag

Publications

No abstract provided.

Rethinking Statutory Antiwaiver Provisions Following The Lloyd's Of London Litigation, Mark J. Loewenstein

Publications

In the Lloyd's of London cases, the United States Courts of Appeals upheld certain forum-selection clauses that effectually deprived investors of the protections of the federal securities laws as if the investors had expressly waived those protections. This article examines statutory antiwaiver provisions in light of the Lloyd's cases, exploring the effect those provisions have on the administration of the federal securities laws, and suggests that the law be amended to allow contractual waiver in certain circumstances.

Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya

Publications

No abstract provided.

A Digital Library For The National Advisory Committee For Aeronautics, Michael L. Nelson

Computer Science Faculty Publications

We describe the digital library (DL) for the National Advisory Committee for Aeronautics (NACA), the NACA Technical Report Server (NACATRS). The predecessor organization for the National Aeronautics and Space Administration (NASA), NACA existed from 1915 until 1958. The primary manifestation of NACA's research was the NACA report series. We describe the process of converting this collection of reports to digital format and making it available on the World Wide Web (WWW) and is a node in the NASA Technical Report Server (NTRS). We describe the current state of the project, the resulting DL technology developed from the project, and the …

Gone But Not Conforming: Protecting The Abhorrent Testator From Majoritarian Cultural Norms Through Minority-Culture Arbitration, E. Gary Spitko

Case Western Reserve Law Review

No abstract provided.

Taking Future Claims Seriously: Future Claims And Successor Liability In Bankruptcy, Frederick Tung

Case Western Reserve Law Review

No abstract provided.

The Exception That Swallowed The Rule? Women's Medical Professional Corporation V. Voinovich And The Mental Health Exception To Post-Viability Abortion Bans, Brian D. Wassom

Case Western Reserve Law Review

No abstract provided.

Nowhere To Run, Nowhere To Hide: Augusto Pinochet, Universal Jurisdiction, The Icc, And A Wake-Up Call For Former Heads Of State, Jamison G. White

Case Western Reserve Law Review

No abstract provided.

The Legacy Of "The Market For Corporate Control" And The Origins Of The Theory Of The Firm, William J. Carney

Case Western Reserve Law Review

No abstract provided.

Development Of A Simulated Assessment Center, Filip Lievens

Research Collection Lee Kong Chian School Of Business

In this study a simulation of an assessment center is developed consisting of videotaped performances of four candidates in three exercises: sales presentation, role-play, and group discussion. To develop the simulation, candidate profiles are constructed which vary along three dimensions: problem analysis and problem solving, interpersonal sensitivity, and planning and organizing. Dimension-specific behaviors are adapted from 173 critical incidents provided by 20 experienced assessors. As a result, scripts are written and enacted by actors. To validate the simulation, experienced assessors evaluate all candidates under optimal conditions. High interrater agreement among these experts (intraclass conelation = .9) and a high correlation …

The Legal Basis For No-Fly Zones, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Local Coherence And Its Limits: A Second Look At Second Sentences, Desmond Allison, Susheela Varghese, Siew Mei Wu

Research Collection Lee Kong Chian School Of Business

Our article takes up Joy Reid's (1996) proposal that second sentences deserve a second look in academic writing research and pedagogy. Reid's data and commentaries indicate that second sentences, the sentences following topic sentences, make important but generally underrated contributions to the (in)coherence of students' written paragraphs. Her study, in a U.S. university, found that English as a second language (ESL) student writers often developed paragraphs that did not meet the expectations of experienced native English speaker (NES) readers. We offer a contextualized critique and partial replication of Reid's exploratory study. Our research, in Singapore, investigates second sentence writing by …

Enclave Districting, Henry L. Chambers, Jr.

Law Faculty Publications

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus on …

Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein

Law Faculty Publications

The delegation by a lawyer of substantial amounts of non-ministerial functions to legal assistants raises various unauthorized practice of law issues. This Article provides an overview of the Chapter 13 bankruptcy process and state law rules regarding the unauthorized practice of law. We then discus~ these rules in the context of a typical Chapter 13 debtor practice.

Maidenheids And Moudiewarks: Scotland And The Bawdy Song Tradition, Sheila Douglas

Studies in Scottish Literature

No abstract provided.

Treasure Salvage And The United States Supreme Court: Issues Remaining After Brother Jonathan, John Paul Jones

Law Faculty Publications

On April 22, 1998, the United States Supreme Court announced its decision in California v. Deep Sea Research, Inc., 1 a case of shipwreck salvage begun as a maritime action in rem. Because the Court does not often accept cases of admiralty and maritime law, its decision was eagerly anticipated by American maritime lawyers and constitutionalists, both for what it might say about the Eleventh Amendment and sovereign immunity in a federal system and how it might limit Congressional power to alter the general maritime law and admiralty jurisdiction. Also anxious for the Court's decision were the few maritime lawyers …

Discovery Reform Redux, Carl W. Tobias

Law Faculty Publications

The recent resolve of the Advisory Committee on the Civil Rules to revisit reform of the discovery rules, which the Supreme Court revised as recently as 1993, is replete with ironies. In August, 1998, that Committee, which has primary responsibility for studying the Federal Rules of Civil Procedure and developing suggestions for their improvement, published proposals that would significantly revise the substantial 1993 revisions of the discovery rules. Ironies suffuse many specific aspects of the rule revision process and of the proposals to revise the 1993 revisions less than five years after their implementation. I emphasize the proposal to revise …

Cannibal Democracies, Theocratic Secularism: The Turkish Version, Edip Yuksel

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

The article critically examines Turkey's democratic framework, arguing that its version of democracy diverges significantly from Western models due to its unique interpretation of secularism and the disproportionate influence of the military and political elite. The analysis highlights how the Turkish Constitutional Court's frequent banning of political parties, particularly the Welfare Party in 1998, undermines democratic processes and often leads to authoritarian governance. The article contends that Turkey's Constitution, drafted under military supervision, lacks political legitimacy and contains provisions that restrict individual and group rights, perpetuating a system of oligarchy and …

Corporations, Alan W. Tompkins, Theodore S. O'Neal

SMU Law Review

No abstract provided.

Affirmative Action - A South African Perspective, T. H. Madala

SMU Law Review

No abstract provided.