Digital Commons Network^™

Reexamining The Racial Record Of Abraham Lincoln, Jonathan Scott Holloway, William E. Gienapp, Gabor Boritt, Allen C. Guelzo

Civil War Era Studies Faculty Publications

Since his death in 1865 Abraham Lincoln has been universally honored in black America. In many black homes and businesses, his photograph often hangs in honor next to the one of Martin Luther King Jr. But a new book by Ebony editor Lerone Bennett Jr. contends that Lincoln was a crude bigot who told demeaning darky jokes, had an unquenchable thirst for minstrel shows, consistently used the word "nigger," and supported efforts to ship Negroes back to Africa.

As Jack E. White pointed out in a recent Time magazine article, this book largely has been ignored by the mainstream press. …

Health Care Law: Breaking Down The Boundaries Of Malpractice Law, Philip G. Peters Jr.

Faculty Publications

Historically, courts have treated professional malpractice cases as unique. When disputes that would otherwise have been governed by tort rules of general application have arisen in the context of medical treatment, courts have routinely constructed special rules for the resolution of those disputes. Recent evidence suggests that this penchant for special rules may be weakening and that malpractice law may be slowly melting back into the sea of tort doctrine.The three Missouri health care law cases noted in this issue are the latest evidence that courts today are more willing to resolve medical negligence actions using tort rules of general …

Skunk River Review Fall 2000, Vol 12, Amanda King, Gregg Bensink, Jake Demouth, Shawn Larson, Jeff Foreman, Valerie Frazee, Helen Telepnev, Michelle Handsaker, Jane Zantow, William Dean Hamilton, Derek Sullivan, Dana Anderson, Joyce E. Mcintire, Brad Meyer, Joseph Keiser, Jeremy Bassett, David Cottrill, Jane Zantow

Skunk River Review

No abstract provided.

The Second Amendment: The Highest Stage Of Originalism, Jack N. Rakove

Chicago-Kent Law Review

Originalism is the theory of constitutional interpretation that holds that the meaning of the various provisions of the Constitution was fixed at the moment of their adoption, and that the goal of interpretation is to recover that historical meaning and apply it to current disputes. No subject of current constitutional controversy is more closely tied to originalist theories of interpretation than the debate over the meaning of the Second Amendment. But for all the lip service given to originalism and all the homage Americans pay to the wisdom of the founders, there is little agreement among scholars as to how …

Disarmed By Time: The Second Amendment And The Failure Of Originalism, Daniel A. Farber

Chicago-Kent Law Review

Originalism provides the core arguments for an individual right "to keep and bear Arms." The appropriate role of original intent in constitutional law, however, has been debated for the past two decades. In this Article, Farber illustrates how the Second Amendment exemplifies the classic, well-known criticisms of originalism. This does not prove, of course, that the conventional understanding of the Second Amendment should be retained. But, Farber concludes, advocates for a drastic expansion of Second Amendment rights will need something beyond the ambiguous historical record if they wish to show why, in today's world, gun rights warrant constitutional protection.

The H-2a Non-Immigrant Visa Program: Weakening Its Provisions Would Be A Step Backward For America's Farmworkers, Cecilia Danger

University of Miami Inter-American Law Review

No abstract provided.

Merrill V. Navegar: A Soon To Be Reversed Aberration, Or A Trend Towards Gun Manufacturer Liability?, Rene Ruiz

University of Miami Law Review

No abstract provided.

New Directions In Reemployment Policy, Stephen A. Woodbury

Employment Research Newsletter

No abstract provided.

Outcomes, Reasons, And Equality, Christopher J. Peters

All Faculty Scholarship

In this article, Christopher Peters responds to arguments made by Kenneth Simons in The Logic of Egalitarian Norms, 80 B.U. L. REV. 693 (2000), in which Professor Simons defends the normative value of equal treatment against Peters’s earlier critiques. Peters first explains and justifies his attack on deontological rather than consequentialist motivations for equal treatment. He then articulates a difference between two distinct conceptions of “treatment”: an outcome-focused and an holistic conception. Peters argues that the holistic conception must be accepted by anyone who defends a deontological theory of equality. Peters then explains how certain of Simons’s arguments in defense …

Stop The Presses: Censorship And The High School Journalist, Scott Andrew Felder

The Journal of Law and Education

No abstract provided.

Analysis Of High School Newspaper Editorials Before And After Hazelwood School District V. Kuhlmeier: A Content Analysis Case Study, Carol S. Lomicky

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law - Primary And Secondary Education

The Journal of Law and Education

No abstract provided.

Law Review Digests

The Journal of Law and Education

No abstract provided.

Theory And Research In Social Education 28/04 , National Council For The Social Studies. College And University Faculty Assembly

College of Education Publications

No abstract provided.

Education Policy Analysis Archives 08/48 , Arizona State University, University Of South Florida

College of Education Publications

"Put teaching on the same footing as research?" : teaching and learning policy review in Hong Kong and the U.S. / Orlan Lee.

The L, Vol. 2, No. 2, October-November 2000, New York Law School

Student Newspapers

No abstract provided.

Investment Incentives And Local Competition At The Fcc, Larry F. Darby, Joseph Fuhr

Media Law and Policy

No abstract provided.

Investment Incentives And Local Competition At The Fcc, Larry F. Darby, Joseph Fuhr

Media Law and Policy

No abstract provided.

In Brief, Fall/Winter 2000, New York Law School

New York Law School In Brief

No abstract provided.

"Propertyzing" The Electromagentic Spectrum: Why It's Important, And How To Begin, Lawrence J. White

Media Law and Policy

No abstract provided.

"Propertyzing" The Electromagnetic Spectrum: Why It's Important, And How To Begin, Lawrence J. White

Media Law and Policy

No abstract provided.

Surprise Encounter Sheds Light On Human Rights Debate, A.W. Brian Simpson

Law Quadrangle (formerly Law Quad Notes)

A.W. Brian Simpson, the Charles F. and Edith J. Clyne Professor of Law, loves few things more than rummaging through national archives, British or American. Poring through both leads him to a surprise encounter that's worth writing about - and he does.

Message From The Dean, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Special Feature: Linking The Visions, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

A special section that introduces members -in their own words- whose multidisciplinary expertise enriches Law School life and is reflected in joint academic appointments in the Law School and elsewhere within the University of Michigan. With comments by recent graduates from the Law School's joint degree programs.

Congress Arrogance, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Does Dickerson v. U.S., reaffirming Miranda and striking down § 3501 (the federal statute purporting to "overrule" Miranda), demonstrate judicial arrogance? Or does the legislative history of § 3501 demonstate the arrogance of Congress?

Shortly after Dickerson v. U.S. reaffirmed Miranda and invalidated § 3501, a number of Supreme Court watchers criticized the Court of its "judicial arrogance: in peremptorily rejecting Congress' test for the admissibility of confessions. The test, pointed out the critics, had been adopted by Congress after extensive hearings and debate about Miranda's adverse impact on law enforcement.

The Dickerson Court did not discuss the legislative history …

The Americans With Disabilities Act And Academic Libraries In The Southeastern United States, Linda Lou Wiler, Eleanor Lomax

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

Individuals with disabilities are one of the fastest-growing segments of United States society. In 1970, 11.7% of the United States population was limited in activity, a major factor in measuring and identifying people with disabilities. In 1990, because of the aging of America, 13.7 % of the population could be so identified. By 1994, 15% of the population fell into this group. During this latter period, the older population stayed fairly stable but children and younger adults with disabilities increased greatly. Many different figures, depending upon the method of counting, e.g., age groups included, or whether residence was in a …

Review Of Wild West Shows By Paul Reddin

Great Plains Quarterly (through 2013)

The latest historian to chronicle the phenomenon, Paul Reddin postulates a wild west show continuum from the artist George Catlin to Buffalo Bill, and then from the Miller Brothers' 101 Wild West Show to the early silent cowboy films of Tom Mix. With clear, precise writing, impeccable research in several languages, and voluminous endnotes, Reddin has produced a Wild West tour de force that sets a standard for interpretive history of the public presentation of the frontier, Native Americans, and the Great Plains to enthusiastic American and European audiences.

Wild West Shows is the work of a mature, contemplative historian …

"Drainage, Drainage, Drainage" Creating Natural Disasters In Southeastern Nebraska, William Keith Guthrie

Great Plains Quarterly (through 2013)

In May 1950 the Little Nemaha River valley in the southeastern quadrant of Nebraska suffered a record-breaking flood. For a short time at the town of Syracuse, the Little Nemaha River, which drained a watershed of 218 square miles, had an estimated discharge of 225,000 cubic feet per second. This was larger than any flood recorded since 1928 on the Missouri River at Omaha, which drained a watershed of 322,000 square miles! During this storm and flood twenty-three people lost their lives, fourteen in the Little Nemaha Valley. As night came on, floodwaters swept a commercial bus off a highway …

A Biochemist In Honors, Dail Mullins

Journal of the National Collegiate Honors Council Online Archive

In 1984-quite unlike the depressed protagonist of George Orwell's novel-I found myself happily ensconced as a senior research associate in the department of biochemistry and molecular genetics at the University of Alabama at Birmingham (UAB). I had received my Ph.D. in biochemistry from the same institution nine years earlier; had left for two years to do a post-doctoral fellowship in the field of cancer biology at Georgetown University and the National Institutes of Health; but had returned to U AB at the invitation of my doctoral mentor, Jim Lacey, to work on a project grant he had been awarded from …

Creative Approaches To Teaching Science In An Honors Setting, Ursula Shepherd

Journal of the National Collegiate Honors Council Online Archive

There are many reasons to teach science literacy in a University Honors Program. As our program director, Dr. Rosalie Otero, stated when asked why she has made such a strong commitment to incorporating the teaching of science into our program at the University of New Mexico:

It is difficult to envision how one will be able to live effectively in the twenty-first century without having achieved scientific literacy. While every educated person will certainly not be a scientist, every educated person must possess sufficient knowledge of the scientific method and of fundamental concepts of the natural sciences to make informed …