Digital Commons Network^™

Generating Online Sales For Small Businesses Through Search Engines, Dallas Neil

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.

Michigan Law Review

Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …

Life On Campus Really Ain't So Bad, Avern Cohn

Michigan Law Review

The Shadow University is a highly tendentious account of Alan Charles Kors and Harvey A. Silverglate's view of academic and student life in America's colleges and universities over the last twenty years. Kors and Silverglate see these colleges and universities turning from promoting personal and academic freedom to suppressing open expression and denying basic liberties to students and faculty alike. To make their point, they have scoured college and university campuses from coast to coast to find incidents involving student speech code violations, as well as student and faculty discipline and misbehavior proceedings. They also examine multicultural and diversity programs …

Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil

LLM Theses and Essays

This thesis is an effort to evaluate the structural changes that have taken place in the securities market of the United States and its impact on securities disclosure regime mandated by the Federal Securities Act. Part 2 of the thesis discusses the securities disclosure regime and its underlying economic theories. This part also traces the challenges posed by technology and takes a quick look at the argument that the traditional norms are incompatible in dealing with those challenges. Part 3 deals primarily with structural developments in the securities market over the past five years by examining some of the innovative …

"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli

LLM Theses and Essays

It has recently become common to refer to warranties that accompany the goods as "pass-through" warranties. They accompany the goods down the chain of title. They run with goods much as a traditional warranty of good title runs with the land in real estate transactions. The warranty booklet that comes with the new car, the warranty certificate in the box in which the computer is delivered, the manufacturer's label attached to the herbicide container are all examples of "pass-through" warranties. In this thesis, after examining the express warranties under the present article 2 of UCC, "pass-through" and advertising warranties will …

Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson

LLM Theses and Essays

This thesis will explore, first within a historical context, and second, in a contemporary model, the impact and effect of electronic commerce in both a general and Electronic magazines. The thesis will explore governmental and legal responses, from a taxation and tariff point of view to the challenges posed by commercial transactions initiated and completed via the Internet and the World Wide Web. The broad question is therefore presented: How should governments, primarily American state and local governments, but also governments worldwide, respond to changes in technology that have a direct effect on the way business is conducted within their …

Exit, Voice, And Values On The Net, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

Professor Lawrence Lessig makes the (rather dire) prediction in Code and Other Laws of Cyberspace that the Internet will be transformed from an unregulated medium into a highly regulated one. Lessig posits that the Net will largely be regulated not by the government but by commercial entities - in particular, by the software (or code) written by entities such as AOL and IBM. While the government's regulatory power is limited by the Constitution, regulation by commercial entities is not. For example, Internet service providers can censor "indecent" speech on the Net largely free of constitutional constraints. The "Net libertarians" applaud …

Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross

GW Law Faculty Publications & Other Works

Despite doctrinal requirements that the state establish a compelling interest to justify content-based regulations on speech, Professor Ross argues that courts have routinely taken the government's interest at face value when it argues that it inhibits speech to protect children. The Article examines the Supreme Court's test which requires the state to establish a compelling interest by articulating the precise harm it wishes to address, demonstrating a nexus between that identified harm and the regulated speech, and showing that restriction of the speech will alleviate the harm. The author seeks to reframe the discussion surrounding controversial speech and children by …

Title Match: Jesse Ventura And The Right Of Publicity Vs. The Public And The First Amendment, Erin Skold

Minnesota Journal of Law, Science & Technology

No abstract provided.

Product Configuration Trade Dress And Abercrombie: Analysis Of Ashley Furniture Industries, Inc. V. Sangiacomo N.A. Ltd., Rohit A. Sabnis

Minnesota Journal of Law, Science & Technology

No abstract provided.

Johnny Can Read, But Can He "Surf"? Harmonizing Copyright Law And Internet Ethics, Simone A. Rose

Minnesota Journal of Law, Science & Technology

No abstract provided.

Patent Protection Of Computer Programs, James P. Chandler

Minnesota Journal of Law, Science & Technology

No abstract provided.

Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung

Faculty Scholarship

It is a brute fact of contemporary globalization – unmistakable as activists and journalists catalog scandal after scandal – that the very transformations making possible higher quality, cheaper products often lead to unacceptable conditions of work: brutal use of child labor, dangerous environments, punishingly long days, starvation wages, discrimination, suppression of expression and association. In all quarters, the question is not whether to address these conditions, but how.

That question, however, admits no easy answers. Globalization itself has freed capital from many of its former constraints – national workplace standards, collective bargaining, and supervisory state agencies and courts – designed …

№ 105: Mayo-Agosto 2000, Conferencia Latinoamericana De Provincias Vicentinas

CLAPVI (Boletín de la Conferencia Latinoamericana de Provincias Vicentinas)

No abstract provided.

Self-Segregation Of Competitive Chaotic Populations, Renate Wackerbauer, Hongyan Sun, Kenneth Showalter

Faculty & Staff Scholarship

No abstract provided.

Reflections On Mentoring, Nancy S. Thurston

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

A Preliminary Assessment Of Mental Health Needs Faced In Religious Leaders In Eastern Europe, Brent M. Ellens, Mark R. Mcminn, Linda L. Lake, Matthew M. Hardy, Elizabeth J. Hayen

Faculty Publications - Doctor of Psychology (PsyD) Program

Enormous sociopolitical changes in Eastern Europe in the last decade have had a profound impact on the psychological functioning of the citizens of these nations. In order to assess and intervene in the mental health realm in Eastern Europe, a brief survey was sent to various Christian leaders in Eastern Europe. Common mental health problems identified across the various Eastern European countries and cultures include depression, relationship difficulties, alcohol abuse, and anxiety disorders. Christians in Eastern Europe tend to turn to family and friends for help with these problems first, pastors second, and almost never to mental health professionals. Clergy …

The Controversy Over The Commandments In The Central Chiasm Of Revelation, William H. Shea

Journal of the Adventist Theological Society

No abstract provided.

A Note On The Representation Of Environmental Risks In The News, Demond Shondell Miller

The Qualitative Report

This paper examines the role of the media in representing environmental risks to society, focusing on how environmental realities are constructed via the objectivist and subjective perspectives. This study explores the construction of reality centered on space exploration, namely, the Cassini space probe. In this study, 200 respondents were asked to read four news articles from various sources and comment on the information contained in the articles. Their comments addressed the extent to which the articles were useful in helping them assess their risk to potential plutonium exposure in the event of a launch disaster. A large majority of the …

Judicial Funding And Taxation Mandates: Will Missouri V. Jenkins Survive Under The New Federalism Restraints?, Janice C. Griffith

Suffolk University Law School Faculty Works

The judiciary frequently mandates costly institutional reforms to correct state and local governmental constitutional violations. This Article examines the unprecedented equitable power exercised by a federal district court in its oversight of a school desegregation remedial plan in Kansas City, Missouri at a cost exceeding $1.8 billion. The district court ordered taxation to ensure funding for the remedial plan and directed local authorities to disregard state law limitations that barred such taxation.

Dean Griffith criticizes the judiciary's disregard of remedial plan costs in devising institutional reforms. She proposes that courts apply a balancing test in the remedial process -- weighing …

Electrophilic Aromatic Nitrosation. Isolation And X-Ray Crystallography Of The Metastable No+ Complex With Nitrosoarene, Sergey V. Lindeman, E. Bosch, Jay K. Kochi

Chemistry Faculty Research and Publications

Isolation of the unstable 1∶1 complex of 4-nitrosoanisole with NO⁺PF₆⁻ allows its precise X-ray structural characterization. The charge-transfer crystal is formed via strong N⋯N coordination [the distance of 1.938(5) Å corresponding to a σ-bond order of ≈0.2] in the mean plane of the planar 4-nitrosoanisole donor. Thorough analysis of its molecular geometry in terms of valence resonance and MO schemes reveals a strong charge polarization with a local negative charge localized on the nitroso group and a local positive charge distributed over the adjacent p-methoxybenzyl moiety. Such a charge distribution accommodates the well-known passivation of …

The Culture Of Belief And The Politics Of Religion, William P. Marshall

Faculty Publications

No abstract provided.

The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams

Seattle University Law Review

In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to the mentally …

Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton

Seattle University Law Review

This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.

Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo

Seattle University Law Review

This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.

Grabbing Them By The Balls: Legislatures, Courts, And Team Owners Bar Non-Elite Professional Athletes From Workers' Compensation, Rachael Schaffer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

If You Let Me Play: Determining Which Arguments "Count" In Debates About Title Ix And Gender Equity In College Athletics, Katherine L. Turpen, Catherine H. Palczewski

Iowa Journal of Communication

Despite women athletes' recent gains and the increasing popularity of women's team sports, disparities between men's and women's collegiate athletic programs persist. Twenty-seven years after the passage of Title IX federally funded college education programs still discriminate against their female athletes and there is Little, if anything, done to reprimand these schools. This essay argues that the disparity in treatment of men and women athletes may, in part, be attributed to the disparities in arguments far men's and women's athletics. The arguments advanced far female participation in sports focus on individual and affective issues such as self-esteem, teen pregnancy, and …

Rt Nielson Company V. Merrill Cook, Merrill Cook For Congress Committee : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A FINAL JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH HONORABLE SANDRA N. PEULER

Blake William Waddoups And James Edward Sparrow, Jr V. The Amalgamated Sugar Company : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PLAINTIFFS BLAKE WILLIAM WADDOUPS and JAMES EDWARD SPARROW, JR. APPEAL FROM THE JUDGMENT OF THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY, OGDEN DEPARTMENT, STATE OF UTAH THE HONORABLE STANTON M. TAYLOR, PRESIDING

Robert S. Treff V. Gordon B. Hinckley, President Of The Church Of Jesus Christ Of Latter-Day Saints, Thomas S. Monson, First Counselor In The First Presidency Of The Church Of Jesus Christ Of Latter-Day Saints, James E. Faust, Second Counselor In The First Presidency Of The Church Of Jesus Christ Of Latter-Day Saints, Doris Wilson, The Division Of Family Services For The State Of Utah, Susan Chandler, Wendy Wright, James Baumgardner, Sheila Doyle, John And Jane Does #1-30, All Defendants Sued Individually In Personal And Official Capacities : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Appeal from Decision of the Third Judicial District Court of Salt Lake County, State of Utah, Honorable Judge Young Presiding.