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That Bitter Spring, Erin V. Cunningham

Dissertations and Theses

The purpose of writing this novel was to see if I could write something longer than fifteen pages. It is a melodrama. It is a romance. It is a gothic horror that I never intended to create, but then one never intends to end up with their own Frankenstein, do they?

The story is set in a small town in North Carolina in the summer of 1941. It is the same as every tired plot; boy meets girl, boy loses girl, but this time girl decides that life is better off without him anyway.

Images and the concept of time …

Urine Trouble! Extending Constitutionality To Mandatory Suspicionless Drug Testing Of Students In Extracurricular Activities, James M. Mccray

Vanderbilt Law Review

The United States makes clear its reverence for education by demanding that its children attend school.' What is less clear, how- ever, is the nation's dedication to each student's constitutional rights. From the earliest days of the common law, public school students have lacked fundamental rights, even the right of liberty in its narrowest sense.' Although public students retain certain constitutional rights,' the public school system maintains an elevated power over its students." This power is like that of a parent,' including the duty to "inculcate the habits and manners of civility" into its students.' The public school's control over …

Ulysses And The Fate Of Frozen Embryos - Reproduction, Research, Or Destruction?, George J. Annas

Faculty Scholarship

On his 10-year voyage back to Ithaca from the Trojan War, Ulysses was warned by Circe to take precautions if he wanted to hear the Sirens' transfixing song, or there would be “no sailing home for him, no wife rising to meet him, /no happy children beaming up at their father's face.” Ulysses accordingly ordered his men to stop their ears with beeswax and bind him firmly to the mast and instructed them that if he gestured to be set free, they should stick to the original agreement and bind him tighter still. Making an agreement that has as a …

Rules For Research On Human Genetic Variation: Lessons From Iceland, George J. Annas

Faculty Scholarship

Research on genetic variation aims to understand how genes function and requires the comparison of DNA samples from groups of individuals to identify variations that might have importance for health or disease. This work is easier if the samples are linked to accurate medical records and genealogic information. Iceland has medical records for all its citizens going back to World War I and detailed genealogic information going back even further. Because Iceland's small population (270,000) has long been isolated and homogeneous, it is thought by many to be an ideal place to search for disease-related genes. Journalists have cavalierly labeled …

Tobacco, The Food And Drug Administration, And Congress, Leonard H. Glantz, George J. Annas

Faculty Scholarship

Smoking has been the number-one target of public health professionals in the United States for more than a decade because it is the leading cause of premature death. Nonetheless, no unified public health strategy has been developed. In 1995, with the strong endorsement of President Bill Clinton and Vice President Al Gore, the commissioner of the Food and Drug Administration (FDA), Dr. David Kessler, announced that the agency had jurisdiction over tobacco and would regulate cigarettes as “drug-delivery devices. The tobacco companies objected and sued the FDA, arguing that Congress had not given the FDA jurisdiction over their product. The …

The Rich Have More Money, George J. Annas

Faculty Scholarship

Review of Ethics, Equity and Health for All, by Z. Bankowski, J. H. Bryant, and J. Gallagher, eds. (Geneva: CIOMS, 1997)

The Man On The Moon, Immortality, And Other Millennial Myths: The Prospects And Perils Of Human Genetic Engineering, George J. Annas

Faculty Scholarship

The year 2000 provides an opportunity to reflect and speculate on human life in the year 3000. We cannot know what human life will be like a thousand years from now, but we can and should think seriously about what we would like it to be. What is unique about human beings and about being human? What makes humans human? What qualities of the human species must we preserve to preserve humanity itself? What would a "better human" be like? If genetic engineering techniques work, are there human qualities we should try to temper, and ones we should try to …

The Logic Of Egalitarian Norms, Kenneth Simons

Faculty Scholarship

"The Logic of Egalitarian Norms" was prompted by a recent article by Christopher J. Peters, "Equality Revisited," 110 Harv. L. Rev. 1210 (1997), arguing that the concept of equality is self-contradictory and sometimes leads to absurd results, such as the multiplication of wrongs or wasteful "leveling down" of social benefits. Peters' view is shared by other recent skeptical commentators who question the value of egalitarian norms or who worry that such norms are often misleading. The article defends egalitarian logic against such skepticism in a wide variety of legal domains.

The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher

Faculty Scholarship

The Supreme Court in Kyles v. Whitley affirmed the prosecutor's duty under Brady v. Maryland to disclose exculpatory evidence to the defense, even if the police have not revealed the evidence to the prosecutor. According to the Court, prosecutors are responsible for ensuring that police communicate relevant evidence to her office. How should prosecutors implement that responsibility? Both England and the United States require prosecutors to disclose exculpatory evidence known to the police, but they take radically different approaches to implementing the prosecutor's duty. The English have legislated a comprehensive regulatory framework for police record keeping and revelation of case …

A Proposal For A New Massachusetts Notoriety For Profit Law: The Grandson Of Sam, Sean J. Kealy

Faculty Scholarship

In recent years, two women stood convicted of highly publicized major crimes in Massachusetts. Katherine Ann Power ("Power") was a fugitive who committed felony-murder in 1970. She led a life on the run as a fugitive until 1993 when she revealed her true identity and surrendered to authorities to face the consequences of her crimes. Louise Woodward ("Woodward"), an au pair originally from England, gained notoriety on both sides of the Atlantic Ocean when she was convicted of killing the baby entrusted to her care. Both women captured the attention of the national media for months and reportedly had opportunities …

Shaping Competition On The Internet: Who Owns Product And Pricing Information, Maureen A. O'Rourke

Faculty Scholarship

Historically, markets have almost always fallen short of satisfying the conditions for and providing consumers with the benefits of perfect competition. Certain characteristics of electronic markets, however, enhance the possibility that e-commercel will be conducted in an environment that comes closer to attaining the perfectly competitive ideal than that of most conventional markets.

Evaluating Mistakes In Intellectual Property Law: Configuring The System To Account For Imperfection, Maureen A. O'Rourke

Faculty Scholarship

In this Essay, the author argues that in assessing the performance of the intellectual property laws, it is useful to conceive of intellectual property law as a system comprised of both interacting decision-makers and other sets of law. Those decisionmakers include Congress, the PTO, and courts, and the other relevant laws include antitrust and contract. The author reviews the major intellectual property statutes, illustrating ways in which different institutions may be situated to correct the errors of another and how antitrust and contract also can work to correct errors in the scope of protection. The Essay concludes by arguing that …

Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel

Faculty Scholarship

For more than five decades Palestinian refugees have been denied international protection. Some five million persons, comprising two-thirds of the Palestinian people, and nearly one-third of the global refugee population, have remained without a durable solution to their plight. More than half of all Palestinian refugees lack basic day-to-day protection, such as physical security, freedom of movement, and access to employment. Today, the Palestinian refugee problem is one of the largest and longest running refugee problems in the world.

The Incident At Cavalese And Strategic Compensation, Robert D. Sloane

Faculty Scholarship

In 1953, the United States ratified the NATO Status of Forces Agreement. The drafters foresaw that the presence and training of foreign military forces within and between their territories would probably, if not inevitably, cause injury to civilians, giving rise to claims that, if not settled quickly and satisfactorily, could spark incidents disruptive to their cooperation in mutual defense. To this end, the SOFA established a jurisdictional regime designed to minimize the political friction these incidents threatened to generate, by providing prompt and manifestly fair settlement procedures. This result was vital to NATO's operations, for, in democratic host states, popular …

Variability In Winter Mass Balance Of Northern Hemisphere Glaciers And Relations With Atmospheric Circulation, Gregory J. Mccabe, Andrew G. Fountain, Mark Dyurgerov

Geography Faculty Publications and Presentations

An analysis of variability in the winter mass balance (WMB) of 22 glaciers in the Northern Hemisphere indicates two primary modes of variability that explain 46% of the variability among all glaciers. The first mode of variability characterizes WMB variability in Northern and Central Europe and the second mode primarily represents WMB variability in northwestern North America, but also is related to variability in WMB of one glacier in Europe and one in Central Asia. These two modes of WMB variability are explained by variations in mesoscale atmospheric circulation which are driving forces of variations in surface temperature and precipitation. …

Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron

All Faculty Publications

This article will survey several definitions of culture, arguing that the most useful approach is to define culture broadly and to recognize its significance to most or all conflicts. Some of the ways that culture affects conflicts will be outlined, accompanied by examples. These include: culture as a lens that both facilitates and blocks effective communication; culture and world view differences as the subject of conflicts; and conflicts related to identity and recognition as facets of cultural differences. Further discussed are Western models of third party intervention, inviting readers to examine the values and assumptions underlying them. Challenges inherent in …

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.

What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.

Recent Geographical Research On Indians And Inuit In The United States And Canada, Robert Rundstrom, Douglas Deur, Kate Berry, Richard Winchell

Anthropology Faculty Publications and Presentations

A geographical survey on Indians and Inuit in the United States and Canada..

The Authority Of Illinois Lawyers To Settle Their Clients' Civil Claims: On Principles Not Quite Settled, Jeffrey A. Parness, Austin Bartlett

Faculty Articles, Papers, and Other Scholarship

The Illinois laws guiding lawyer civil claim settlement authority are not well settled and should be reexamined to provide lawyers with clear standards when they agree to a settlement on behalf of their clients. A comprehensive rule making initiative pursued by the Illinois Supreme Court is the best vehicle to settle the principles of lawyer conduct. In undertaking such an initiative, the Illinois Supreme Court should clarify issues of actual authority, apparent authority, burdens of proof, and open court presumptions. Furthermore, the Illinois Supreme Court should address other laws directly impacting upon, but unrelated to, lawyer settlement authority, including laws …

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

Scholarly Works

This Symposium brings the considerable talents of a diverse group of scholars to bear on a pressing problem in legal theory: Whether critical theory is possible after the hermeneutical turn. All too often, this problem is framed to invite an “either-or” response. Either we reject the hermeneutical turn and hew to a traditional account of critique anchored by an unimpeachable standard (whether economic, historical, conceptual, cognitive, or otherwise), or we take the hermeneutical turn by embracing radical historical contingency and fluidity, thereby forsaking the possibility of critique and surrendering to conservative conventionalism or inviting postmodern chaos. This Symposium challenges this …

Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser

Scholarly Works

No abstract provided.

Human Rights And Wrongs In Our Own Backyard: Incorporating International Human Rights Protections Under Domestic Civil Rights Law---A Case Study Of Women In The United States Prisons, Martin A. Geer

Scholarly Works

An urgent human rights crisis at home is under close scrutiny by diverse groups including the United Nations, non-governmental organizations, the U.S. Department of Justice, and public interest lawyers. Within the context of a prison population explosion that dwarfs that of the rest of the world, the undeveloped status of international human rights in U.S. domestic jurisprudence becomes more evident. Within prison populations, increasing numbers of women’s lives are reduced to half-lives under the tortuous effects of sexual abuse by corrections officials. This dire situation presents the question: Can women prisoners continue to be denied the protections of international human …

Protecting Franchisees From Abusive Arbitration Clauses, Jean R. Sternlight

Scholarly Works

This article sets out a number of legal arguments that franchisees can potentially use to defeat arbitration clauses that seek to accomplish ends that would not be permissible in litigation. Drawing from decisions protecting consumers and employees from unfair arbitration clauses, as well as from opinions in the franchise context, this article analyzes arguments that can be based on the U.S. Constitution, federal statutes, state statutes, and common law. By way of this analysis, it suggests that some courts are misapplying arbitration precedents and preemption arguments to support decisions that allow franchisors to effectively exempt themselves from legislation and even …

Is Binding Arbitration A Form Of Adr?: An Argument That The Term "Adr" Has Begun To Outlive Its Usefulness, Jean R. Sternlight

Scholarly Works

Professor Frank Sander has, for many years, been one of the most prescient commentators on the alternative dispute resolution ("ADR") movement. His 1976 Pound Conference speech has been identified by many as marking the birth of the modern ADR phenomena. That speech, which compared some of the pros and cons of litigation and an array of other dispute resolution processes, has been summarized as proposing the concept of the "multi-door courthouse." In contrast, Professor Sander's more recent and very interesting review of the present and future of ADR makes little attempt to distinguish between mediation and binding arbitration, the two …

The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley

Scholarly Works

This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …

Call And Response: The Particular And The General, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

¡Viva La Evolución!: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley

Scholarly Works

This article analyzes the different proof mechanisms developed under Title VII discriminatory treatment doctrine, demonstrating their ability to identify unconscious, as well as conscious, discriminatory behavior. It demonstrates that soon after its enactment Title VII began to evolve, expanding its reach to unconscious discrimination. Although in many instances courts were unaware of this expansion, courts appear to have followed their intuition to further the broad remedial and preventive purposes of the statute. In response to the evolution and to the courts' failure to articulate a justification for their decisions, a counter-evolution is currently occurring, with many courts attempting rigidly to …