Digital Commons Network^™

Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Principles Of Internet Privacy, Fred H. Cate

Articles by Maurer Faculty

The definition of privacy developed by Brandeis and Warren and Prosser, and effectively codified by Alan Westin in 1967 - the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others - worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered.

But that definition's exclusive focus on individual control has grown incomplete in a world in which most privacy concerns involve …

Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen

Articles by Maurer Faculty

This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issue of executive power: how the President best fulfills his constitutional responsibilities when confronted with the enforcement of a statute that he believes is unconstitutional. What should the President do if he believes enforcing a statutory provision would violate the Constitution? Should, for example, a President comply with a congressional command that he believes would violate the constitutional rights of individuals or compromise presidential power? The article examines the two prevailing approaches …

Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters

Articles by Maurer Faculty

Serbia has two autonomous provinces, with nearly identical constitutional and political claims: heavily Albanian Kosovo and ethnically diverse but Serb-majority Vojvodina. One is headed towards some form of internationally recognized independence; the other almost certainly is not, even though calls for its autonomy have been mounting. What makes the difference?

This article examines what the reasons for these different outcomes show about the changing content of self-determination in an environment of persistent ethnic claims. The defining characteristic of self-determination today is its indeterminacy, which allows policymakers to pursue a broader range of policies than was possible in the era of …

A Rejoinder To Abraham Hirsch, Samuel Hollander, Sandra J. Peart

Jepson School of Leadership Studies articles, book chapters and other publications

The dispute between Hollander and Peart, and Hirsch, turns on the nature and role of verification in Mill’s perception of the appropriate method for Political Economy. Professor Hirsch maintains against us that, for Mill, the models constructed by political economists are insulated from verification. His case is based on two counterclaims. First, that when Mill writes of “verification” in Book III of the Logic, he has in mind a procedure differing from that appropriate for Political Economy, which allows only “indirect verification” (outlined in Book VI). Hirsch finds that Hollander and Peart confuse the two. Secondly, since the contexts …

A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon …

An Inquiry Into Indigenous Political Participation: Implications For Tribal Sovereignty, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to—tribal, state, and federal—we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only gradually been incorporated in various ways by various federal policies and day to day interactions with non-Indians. Tribal nations, of course, have never been constitutionally incorporated and still retain their standing as separate political bodies not beholden to either federal or state constitutions for their existence.

It Takes A Woman To Play A Real Man: Clara As Hero(Ine) Of Beaumont And Fletcher’S Love’S Cure, Anne Duncan

Department of Classics and Religious Studies: Faculty Publications

My analysis of Love’s Cure follows Jonathan Dollimore’s distinction between two kinds of transgression to be found in literary artifacts: “humanist transgression” and “transgressive reinscription.” The goal of humanist transgression is to escape or transcend the social/ideological construct it opposes. It anticipates Romantic and idealistic notions of freedom and subjectivity. Modern critics often tend to view humanist transgression as the only “real” transgression; Dollimore cites as an example of this view Linda Woodbridge’s disappointment with the seemingly proto-feminist rhetoric of the Hic Mulier figure. In Woodbridge’s view, Hic Mulier’s assertion of gender equality is undermined by the fact that she …

Prioritizing Test Cases For Regression Testing, Sebastian Elbaum, Alexey G. Malishevsky, Gregg Rothermel

School of Computing: Technical Reports

Test case prioritization techniques schedule test cases in an order that increases their effectiveness in meeting some performance goal. One performance goal, rate of fault detection, is a measure of how quickly faults are detected within the testing process; an improved rate of fault detection can pro- vide faster feedback on the system under test, and let soft- ware engineers begin locating and correcting faults earlier than might otherwise be possible. In previous work, we re- ported the results of studies that showed that prioritization techniques can significantly improve rate of fault detection. Those studies, however, raised several additional questions: …

Virtual Topology Reconfiguration Of Wavelength-Routed Optical Wdm Networks, Byrav Ramamurthy, Ashok Ramakrishnan

School of Computing: Conference and Workshop Papers

The bandwidth requirements of the Internet are increasing every day and there are newer and more bandwidth-thirsty applications emerging on the horizon. Wavelength division multiplexing (WDM) is the next step towards leveraging the capabilities of the optical fiber, especially for wide-area backbone networks. The ability to switch a signal at intermediate nodes in a WDM network based on their wavelengths is known as wavelength-routing. One of the greatest advantages of using wavelength-routing WDM is the ability to create a virtual topology different from the physical topology of the underlying network. This virtual topology can be reconfigured when necessary, to improve …

Two Test Level 4 Bridge Railing And Transition Systems For Transverse Timber Deck Bridges, Ronald K. Faller, Michael A. Ritter, Barry Thomas Rosson, Michael D. Fowler, Sheila R. Duwadi

Department of Civil and Environmental Engineering: Faculty Publications

The Midwest Roadside Safety Facility, in cooperation with the Forest Products Laboratory, which is part of the U.S. Department of Agriculture’s Forest Service, and FHWA, designed two bridge railing and approach guardrail transition systems for use on bridges with transverse glue-laminated timber decks. The bridge raging and transition systems were developed and crash tested for use on higher-service-level roadways and evaluated according to the Test Level 4 safety performance criteria presented in NCHRP Report 350: Recommended Procedures for the Safety Performance Evaluation of Highway Features. The first railing system was constructed with glulam timber components, whereas the second railing system …

Hydrolase And Oxido-Reductase Activities In Diuraphis Noxia And Rhopalosiphum Padi (Hemiptera: Aphididae), Xinzhi Ni, Sharron S. Quisenberry, Saowaluck Pornkulwat, James Lester Figarola, Steven R. Skoda, John E. Foster

Department of Entomology: Faculty Publications

Four hydrolases and five oxido-reductases were examined using native stacking polyacrylamide gel electrophoresis. Homogenate of Russian wheat aphid, Diuraphis noxia (Mordvilko), bird cherry-oat aphid, Rhopalosiphum padi (L.), "Arapahoe" (aphid-susceptible) and "Halt" (aphid-resistant) wheat, Triticum aestivum L., and powdery mildew-infected Erysiphe graminis DC. ex Merat f. sp. tritici Em. Marchal, Arapahoe wheat leaves were assayed for enzyme activities. Pectinesterase, polygalacturonase (or pectinase), cellulase, and amylase activities were examined in the hydrolase group. Catalase, peroxidase, catechol oxidase, superoxide dismutase, and ascorbate oxidase activities were examined in the group of oxido-reductases. The two aphid species had the same hydrolases but different oxido-reductases. Although …

Salinity And Shade Preferences Result In Ovipositional Differences Between Sympatric Tiger Beetle Species, W. Wyatt Hoback, Douglas A. Golick, Tina Marie Svatos, Stephen M. Spomer, Leon G. Higley

Department of Entomology: Faculty Publications

1. Adult tiger beetles of the genus Cicindela often co-occur within a habitat but larvae do not. Larvae are sedentary and form usually permanent burrows at the site of oviposition where they require 1-3 years for development.

2. To test niche partitioning based on ovipositional preference, the behavior of two sympatric salt marsh tiger beetles, Cicindela circumpicta and C. togata (Coleoptera: Cicindelidae), were examined.

3. In laboratory studies, female C. circumpicta and C. togata distinguished between experimental salinities, with the former preferring 4 parts per thousand (ppt) and the latter preferring 12 ppt. In the field, C. circumpicta larvae were …

Royalty Valuation: Should Overriding Royalty Interests And Nonparticipating Royalty Interests, Whether Payable In Value Or In Kind, Be Subject To The Same Valuation Standard As Lease Royalty, Owen L. Anderson

Faculty Articles

No abstract provided.

Protecting Patient Rights Despite Erisa: Will The Supreme Court Allow States To Regulate Managed Care?, Donald T. Bogan

Faculty Articles

No abstract provided.

International Child Custody Jurisdiction And The Uniform Child Custody Jurisdiction And Enforcement Act, Robert G. Spector

Faculty Articles

No abstract provided.

Essay: The Risks Of Going Non-Gmo, Drew L. Kershen

Faculty Articles

No abstract provided.

Chapter 11--Private Party Vs. Government, Investor-State Dispute Settlement: Frankenstein Or Safety Valve, Daniel M. Price

Canada-United States Law Journal

Chapter 11 dispute settlement, NAFTA

States, Provinces, And Cross-Border International Trade, Carl Grenier

Canada-United States Law Journal

crossborder trade--Canada and United States

Discussion Following The Remarks Of Professor Schaefer And Mr. Grenier, Discussion

Canada-United States Law Journal

crossborder trade--Canada and United States

East Timor: Will There Be Justice? , Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

A Global Court? U.S. Objections To The International Criminal Court And Obstacles To Ratification, Teresa Young Reeves

Human Rights Brief

No abstract provided.

News From The Inter-American System , Terri J. Harris

Human Rights Brief

No abstract provided.

News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh

Human Rights Brief

No abstract provided.

Center Faculty/Staff News, Human Rights Brief

Human Rights Brief

No abstract provided.

Defending Humanity, Peter Cicchino

Human Rights Brief

No abstract provided.

A False Sense Of Security: Lessons Learned From The United Nations Organization And Conduct Mission In East Timor, Jennifer Toole

American University International Law Review

No abstract provided.

Establishment Of Big Bluestem And Illinois Bundleflower Mixtures With Imazapic And Imazethapyr, Daniel D. Beran, Robert A. Masters, Roch E. Gaussoin, Fernando Rivas-Pantoja

Department of Agronomy and Horticulture: Faculty Publications

Weeds interfere with establishment of native grasses and legumes. A study was conducted to determine the influence of imazapic¹ [(±)- 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]- 5-methyl-3-pyridinecarboxylic acid] and imazethapyr [2-[4,5-dihydro- 4-methyl -4 - (1- methylethyl) -5 -oxo-1H- imidazol -2 - yl]5- ethyl -3- pyridinecarboxylic acid] on weed control and establishment of ‘Pawnee’ big bluestem (Andropogon gerardii Vitman var. gerardii Vitman) and Illinois bundleflower [Desmanthus illinoensis (Michx.) MacMill.] planted in three binary mixtures of 220:110, 165:165, and 110:220 pure live seed (PLS) m^-2. Mixtures were seeded at cropland sites near Clay Center, Mead, and Lincoln, NE. Imazapic and imazeth- apyr …

International Law - New Actors And New Technologies: Center Stage For Ngos, John King Gamble, Charlotte Ku

Faculty Scholarship

Technology and the information age are changing the allocation of power and authority in the international system with non-state actors such as intergovernmental organizations (IGOs) and nongovernmental organizations (NGOs) assuming decision-making roles previously reserved primarily to states. Professor David Johnston sees the information age as "creating deep and broad disruptive breaches in our society, disruptions equal to those of the agricultural or industrial revolutions." Professors Keohane and Nye believe that the information age will alter the power structure of governments. Jessica Mathews's stimulating article in Foreign Affairs argues both that the information revolution is shaking the foundations of state authority, …