Digital Commons Network^™

Quartering Species: The Living Constitution, The Third Amendment, And The Endangered Species Act, Andrew P. Morriss, Richard L. Stroup

Faculty Scholarship

The authors argue that the fundamental flaw in the Endangered Species Act (ESA) is that it fails to force government decision makers to consider the opportunity cost of their actions, resulting in flawed decision making that imposes heavy costs on landowners without actually protecting endangered species. The authors develop this analysis through an examination of the ESA in light of the modern "living Constitution" theory of interpretation. They conclude that under this theory the ESA's "quartering of species" on private land violates the Third Amendment's ban on quartering soldiers.

Twenty Centuries Of Living Hymns, Lilianne Douhkan

Faculty Publications

"The following is a distillation of a spoken presentation by the author, assisted by the Andrews University choirs, given as the opening event of Faith Ablaze! Hymns of Heart and Heritage, a hymn festival held at Andrews University in November, 1999.1 It is a journey through time, starting with the beginnings of the church and continuing to the present, one in which we hope you, the reader, like those present that evening, can come to a better understanding of how our hymns came about, and what they meant to those who preceded us. Given the constraints in time that evening …

Ethiopia And Eritrea: Border War, Sandra F. Joireman

Political Science Faculty Publications

The war between Ethiopia and Eritrea—two of the poorest countries in the world—began in 1998. Eritrea was once part of the Ethiopian empire, but it was colonized by Italy from 1869 to 1941. Following Italy's defeat in World War II, the United Nations determined that Eritrea would become part of Ethiopia, though Eritrea would maintain a great deal of autonomy. In 1961 Ethiopia removed Eritrea's independence, and Eritrea became just another Ethiopian province. In 1991 following a revolution in Ethiopia, Eritrea gained its independence. However, the borders between Ethiopia and Eritrea had never been clearly marked. Following arguments and skirmishes, …

Ngos, Ingos, Go-Ngos And Do-Ngos: Making Sense Of Non-Governmental Organizations, Sheila Carapico

Political Science Faculty Publications

This issue of Middle East Report takes a critical look at "NGOs"--non-governmental organizations--in and beyond the Arab world. The topic is both trendy and controversial. Although they may see themselves as marginal actors, charities, advocacy groups and a range of other civic associations in the Middle East have also become agents of political, economic and social change, influencing the allocation of scarce resources in their own societies and the images national regimes project abroad. In recent years, NGOs have been depicted as saviors of failed economies in some circles while reviled as stooges of Western imperialism in others.

How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders

Faculty Scholarship

This essay is a response to Professor Edward Imwinkelried's article, "Should the Courts Incorporate a Best Evidence Rule into the Standard Determining the Admissibility of Scientific Testimony?: Enough is Enough When it is not the Best." The authors have two basic points. First, the authors wish to make it clear that they never proposed the "best evidence rule" that he so vigorously attacks, and they think his suggestion that they did so is strained. Second, they wish to reiterate that courts sometimes should do more than they have to ensure that expert testimony is reasonably sound. The important debate underway …

Nathaniel Hawthorne, Samuel Goodrich, And The Transformation Of The Juvenile Literature Market, Sarah Wadsworth

English Faculty Research and Publications

No abstract provided.

Fantasy, Trauma, And Gothic Daughters: Frankenstein As Therapy, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio

Fordham Urban Law Journal

The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …

Forgiveness And Public Trust, Linda Ross Meyer

Fordham Urban Law Journal

A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.

Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer

Fordham Urban Law Journal

This Note explores the Child Access Prevention ("CAP") law and laws which are generally intended to limit children's access to guns at home. The author proposes a model CAP law that should be enacted in the United States. This Note discusses the evolution of CAP laws and presents for arguments for and against such laws. It delves into the National Rifle Association's ("NRA") powerful influence that improperly prevents CAP laws from being enacted by the federal government. Additionally, it is argued that unless the federal government enacts a CAP law, innocent children will continue to be injure and lose their …

A Mathematical Model For Spatially Varying Extracellular Matrix, J. C. Dallon, J. A. Sherratt

Faculty Publications

Orientation of extracellular matrix fibers in the skin is a key ingredient of tissue appearance and function, and differences in fiber alignment are one of the main distinctions between scar tissue and normal skin. In this paper, the authors develop a mathematical model for alignment of collagen fibers and the fibroblast cells that remodel them; the model extends previous work in which spatial variation was excluded. Numerical simulations of the model are presented, which show spatial variations in alignment over long transients, but with spatially uniform behavior in the long term. This is investigated further via asymptotic analysis, using the …

Effect Of Spaceflight On The Isotonic Contractile Properties Of Single Skeletal Muscle Fibers In The Rhesus Monkey, Robert H. Fitts, Janell R. Romatowski, Cynthia A. Blaser, Lourdes J. De La Cruz, Gwen J. Gettelman, Jeffrey J. Widrick

Biological Sciences Faculty Research and Publications

No abstract provided.

Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Asymmetrical Social Influence In Freely Interacting Groups Discussing The Death Penalty: A Shared Representations Interpretation, Christine M. Smith, Amanda Dykema-Engblade, Angela Walker, Tammi S. Niven, Thomas Mcgough

Peer Reviewed Articles

Past research has shown that minorities arguing in favor of the majority opinion within a given population (i.e. the ‘Zeitgeist’) are more powerful sources of social influence than minorities arguing against the normative population opinion (i.e. Clark & Maass, 1988a and b; Paicheler, 1977). We studied the Zeitgeist effect within the context of freely interacting groups discussing the death penalty. In direct contrast to past research, minorities arguing against the death penalty Zeitgeist were more powerful sources of social influence than those arguing in favor of it. Analyses of conversation content and thought-listing data suggest that minorities arguing against the …

The Possibility Of An Ethical Politics: From Peace To Liturgy, John Drabinski

Articles, Book Chapters, Essays

This essay examines the possibility of developing an ethical politics out of the work of Emmanuel Levinas. Levinas’ own work does not accomplish this kind of politics. He opts instead for a politics of peace, which, as this essay argues, falls short of the demands of the ethical. Thus, this essay both provides an account of Levinas’ own politics and develops resources from within Levinas’ own work for thinking beyond that politics. An alternative, liturgical politics is sketched out. In a liturgical politics, law must be thought on a redistributive model. Redistribution, it is argued, responds more adequately to the …

Official Knowledge And The Relations Of Ruling, Peter R. Grahame, Kamini Maraj Grahame

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Judicial Notice: The Very Texture Of Legal Reasoning, Susan G. Drummond

Articles & Book Chapters

No abstract provided.

Versatility From A Single Song: The Case Of The Nightingale Wren, Daniel Leger, Katherine E. Brooks, Judith E. O'Brien

Department of Psychology: Faculty Publications

Versatility in song production of birds has drawn considerable attention since its description by Hartshorne (1956), who suggested that birds vary their vocal output to avoid habituation in listeners, especially if singing is extensive. The best-known route to song versatility involves creating permutations and combinations of song elements learned from neighbors or relatives, combined with improvisations (Nowicki et al. 1999). Birds may learn whole songs or individual song elements, which then may be arranged in novel ways.

Versatility might be achieved in other ways besides acquiring numerous song types. For example, individuals could shift the tempo of their songs by …

Antipredator Vigilance Of Juvenile And Adult Thirteen-Lined Ground Squirrels And The Role Of Nutritional Need, Cody Arenz, Daniel Leger

Department of Psychology: Faculty Publications

Juvenile thirteen-lined ground squirrels, Spermophilus tridecemlineatus, are less vigilant (i.e. they spend less time visually scanning the environment) than adults. To determine whether nutritional need was a potential cause of this difference, we supplemented two groups of free-ranging juveniles during the predispersal stage, while juveniles were still near and around the natal burrows. The high-energy food group (HEF: 11 squirrels) received peanut butter and oats while the low-energy food group (LEF: seven squirrels) received lettuce. Adults (14 squirrels) were also supplemented, but due to their greater home range sizes, it was not feasible to classify them as either HEF …

The Pursuit Of The Hunt, Interrupted: Changing Literary Image Of Law, William J. Wagner

Scholarly Articles

In the course of reaching its substantive conclusions, this article seeks to shed light on the theoretical and methodological requisites of a valid and fruitful application of literary sources in jurisprudence.

The article begins by explicating the original literary image of the pursuit of the hunt interrupted, within its thematic setting in Aeschylus. It then offers theoretical and methodological postulates for drawing out the fuller meaning for law and legal studies of the image. It explores variations on the same pattern of imagery in subsequent works of Western literature, and offers reflections on how these variations can enrich our understanding …

Annual Narrative Report For Turnbull Migratory Wildlife Refuge, 2000, Turnbull National Wildlife Refuge

Turnbull National Wildlife Refuge Reports

The annual report for Turnbull National Wildlife Refuge.

Facilitator's Manual: Curriculum To Establish An Intergenerational Oral History Program, Institute For Global Education & Service Learning

Intergenerational

The Institute for Global Education and Service Learning is a non-profit teacher training organization that creates service-learning programs and initiates activity-based education in collaboration with schools and organizations across the country and around the world.

Vital Signs, Winter 2000, Boonshoft School Of Medicine

Vital Signs

A twenty four page newsletter created by the Boonshoft School of Medicine to document the current affairs of the school. This issue includes a variety of feature articles, alumni profiles, class notes, and more.

Qualitative And Quantitative Chances In Ubiquitin Transcripts During Dictyostelium Mucoroides Development., Vincent Van Rothe

Student Work

The slime mold Dictyostelium mucoroides is an effective model for studying eukaryotic development because it exists as both unicellular and multicellular entities depending on the stage of their life cycle. Development is regulated by a number of proteins. During the transition from single amebas to a multicellular entity, developmentally regulated proteins appear. In the case of the microcysts, produced during sexual reproduction, proteins not only function in the formation of the cell walls, but also aid in the fusion of gametes, selective phagocytosis, cell to cell contact, and make up lysosomal enzymes. We have cloned a developmentally regulated gene whose …

The More Things Change, The More They Stay The Same: Implications Of Pfaff V. Wells Electronics, Inc. And The Quest For Predictability In The On-Sale Bar, Timothy R. Holbrook

Faculty Articles

This Article posits a two prong approach to the on-sale bar. First, for the anticipatory version, the courts should expressly incorporate the law of enablement under 35 U.S.C. § 112 and of utility under 35 U.S.C. § 101 into the on-sale bar, thus providing a well-known body of law to promote predictability. Procedurally, the courts should establish a hierarchy of evidence, similar to the approach used in claim construction, that considers certain, more readily available information as the most pertinent while eschewing the use of expert testimony and other litigation based evidence. Second, for the obviousness version of the on-sale …

The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller

Richmond Journal of Law & Technology

In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, Silver Platter, Lotus, and Microsoft) wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives supported the adoption of UCITA because it is true to three commercial principles: commerce should be free to flourish in the electronic age, rules should support use of new (in this case electronic) technologies, and marketplace forces should determine the form …

One Professor's Approach To Increasing Technology Use In Legal Education, Shelley Ross Saxer

Richmond Journal of Law & Technology

Legal educators must increase the use of technology in legal education today Although some legal educators may disagree vehemently with this statement, most have accepted the fact that technology has and will become an even greater part of the fabric of our learning institutions. Students in kindergarten spend some portion of their week in the computer lab. By the time kids reach their middle- and high-school years, many are well-versed in word processing programs, e-mail, and surfing the Internet. Elementary school teachers are trained and encouraged to use multi-media software, the Internet, and other technology in their classrooms because not …

Virtual Environment Software System: Mathematics Library, Bryan Kline, Jason Daly, Glenn A. Martin

Institute for Simulation and Training

Report describes the typical usage of the virtual environment software system mathematics library as well as the internal operations of many of the routines contained within.

Recent Progress In Psychiatric Genetics—Some Hope But No Hype, Scott F. Stoltenberg, Margit Burmeister

Department of Psychology: Faculty Publications

The reputation of the field of psychiatric genetics has recently become tarnished in the view of many human geneticists. Too many linked loci were claimed and withdrawn, too many association studies published and not confirmed, and, more recently, too many new and different chromosomal regions have been implicated for the same disorder. Here, we summarize recent trends, focusing on research that moves away from traditional linkage studies. Some promising strategies include psychopharmacogenetics and consideration of endophenotypes such as neurophysiological and behavioral markers in addition to the clinical diagnosis. Utilization of rapid and automated methods for scoring genetic variants in large-scale …

Pornographies, Leslie Green

Articles & Book Chapters

No abstract provided.