Digital Commons Network^™

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.

Looking Forward/Looking Back, Samuel L. Becker

Iowa Journal of Communication

Among the lessons we can glean from the past is the importance of agreement on the nature of our field, and especially its core. Building on a model of the field from the 1940s and a model of the current language arts curriculum designed for Iowa's public schools, Becker presents a possible model of contemporary communication studies in which the core consists of relationships of the source, audience, code, and "reality" with the message. In addition to agreement on a core, he notes that we need to decide what we ought to be teaching about the new means and media …

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.

Wwc Holding Co., Inc V. Public Service Commission Of Utah, Stephen F. Mecham, Clark D. Jones, And Constance B. White : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Appeal from the Public Service Commission of Utah In the Matter of the Petition of WWC Holding Co., Inc., for Designation as an Eligible Telecommunications Carrier

Glenn C. Shaw V. Ashley L. Robison : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the District Court of Utah County, the Honorable Allen B. Sorensen, Judge.

Direct Import Buyers' Association V. K.S.L., Inc. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the Third District Court for Salt Lake County Honorable Stewart M. Hanson, Jr., District Judge.

Exploration Of The Efficacy Of Class-Based Approaches To Racial Justice: The Cuban Context, An Latcrit Iv Symposium - Rotating Centers, Epanding Frontiers: Theory And Marginal Intersections- Forging Our Identity: Transformative Resistance In The Areas Of Work, Class, And The Law, Tanya K. Hernandez

Faculty Scholarship

The growing discord over the continuing use of race-conscious social justice programs in the United States has given rise to the consideration of replacing them with color-blind class-based affirmative action programs. Although there are a number of theoretical investigations into the proposal for class-based affirmative action, the discourse is short on practical assessments. This Article amplifies the class-based affirmative action debate by drawing lessons from Socialist Cuba's socioeconomic redistribution measures. Inasmuch as Socialist Cuba attempts to diminish racial disparities with the use of colorblind socioeconomic redistribution programs one can classify their strategy as a class-focused rather than a race-focused attack …

Adieu To Electrocution, Deborah W. Denno

Faculty Scholarship

This Article contends that there is no moral or legal reason to retain electrocution, particularly because other execution methods are available. It is clear that at some point soon, electrocution will no longer exist in this country and, as a result, throughout the world. By eliminating this perplexing vestige, the other problems with the death penalty may appear all that more offensive.

The Printed Book: Still In Need Of Ccd, Anna H. Perrault

School of Information Faculty Publications

The present state of the printed book in the "national collection" or commons of resources owned by U.S. academic libraries is reviewed. The status of collecting of foreign language monographs is emphasized. The future of collecting printed materials is considered in the context of an international information commons and cooperation beyond the North American academic library community.