Digital Commons Network^™

Proactive Legislation And The First Amendment, Stuart M. Benjamin

Faculty Scholarship

In this Article, I contend that First Amendment principles dictate a presumption against legislation that is based on predictive harms, but that the presumption will be overcome if a court independently determines that there is a likelihood of irreparable harm. Part I briefly discusses the level of harm required to justify legislation that infringes upon First Amendment rights. Part II turns to proactive legislation, giving some examples of predictive harms. Part III describes the Supreme Court's responses to legislative findings in the First Amendment context, and Part IV discusses the difference between predictive harms and other legislative findings. Part V …

Our Imperial First Amendment, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Alden V. Maine’ And The Jurisprudence Of Structure, Ernest A. Young

Faculty Scholarship

No abstract provided.

Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young

Faculty Scholarship

No abstract provided.

Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule

Faculty Scholarship

Commentary on, Akhil Reed Amar, Intratextualism, 112 Harvard Law Review 747 (1999).

Using Artificial Queries To Evaluate Image Retrieval, Nicholas Howe

Computer Science: Faculty Publications

This paper addresses the evaluation and comparison of algorithms for generalized image retrieval. The forms of evaluation currently in vogue are not calibrated with each other and thus do not allow the comparison of results reported by different research groups. We address the problem by proposing a class of tests that are algorithmically defined and relatively independent of the image test set. The proposed tests can be tailored to investigate retrieval performance under specific sets of adverse conditions, allowing additional insight into the strengths and weaknesses of different retrieval mechanisms.

Integrating Color, Texture, And Geometry For Image Retrieval, Nicholas Howe, Daniel P. Huttenlocher

Computer Science: Faculty Publications

This paper examines the problem of image retrieval from large, heterogeneous image databases. We present a technique that fulfills several needs identified by surveying recent research in the field. This technique fairly integrates a diverse and expandable set of image properties (for example, color, texture, and location) in a retrieval framework, and allows end-users substantial control over their use. We propose a novel set of evaluation methods in addition to applying established tests for image retrieval; our technique proves competitive with state-of-the-art methods in these tests and does better on certain tasks. Furthermore, it improves on many standard image retrieval …

Clear Consensus, Ambiguous Commitment, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Litigators’ Ethics, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Constitutional Design: An Oxymoron?, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

Standing While Black: Distinguishing Lyons In Racial Profiling Cases, Brandon L. Garrett

Faculty Scholarship

Plaintiffs challenging racial profiling must contend with the Supreme Court's decision in City of Los Angeles v. Lyons, which restricted standing for injunctive relief against government officials. This Note articulates a framework for assessing standing for injunctive relief based on case law following Lyons: Plaintiff must demonstrate a sufficiently "credible threat" of future harm where government conduct was authorized by a policy, practice, or custom and where plaintiff was law-abiding. Lyons analysis focuses exclusively on an individual's likelihood of future harm because the Court was reluctant to let the grievance of one individual support city-wide injunctive relief. Where racial profiling …

Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos

Faculty Scholarship

In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …

Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …

Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically "rule-dependent." Typically, a constitutional litigant will not prevail unless she can show that a particular kind of legal rule is in force, e.g., a rule that discriminates against "suspect classes" in violation of the Equal Protection Clause, or that targets speech in violation of the First Amendment, or that is motivated by a religious purpose in violation of the Establishment Clause. Further, the litigant must typically establish a violation of her "personal rights." The Supreme Court has consistently stated that a reviewing court should not invalidate an unconstitutional governmental action at the instance of a claimant …

Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler

Faculty Scholarship

An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.

This paper attempts to provide a …

Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington

Faculty Scholarship

No abstract provided.

International Law And The American National Interest, Michael Byers

Faculty Scholarship

No abstract provided.

Exploring The Concept Of A Forest Landscape Management Paradigm, Emi̇n Zeki̇ Başkent, Haci̇ Ahmet Yolasiğmaz

Turkish Journal of Agriculture and Forestry

The concept of forest management planning has rapidly progressed towards a more holistic approach in the last decade. Considering the whole landscape of ecosystems is the focus of landscape management. This paper examines the evolutionary process of forest management and compares and contrasts the landscape management planning concept to its predecessor, the conventional forest resource management approach. It explains the conceptual framework, provides the principles and the improvements over the conventional management planning, and discusses different approaches towards the landscape management concept. However, the paper stresses the fact that the evolutionary process of forest management provides the basis for what …

Wittgenstein And The Grammar Of Physics: A Study Of Ludwig Wittgenstein's 1929-1930 Manuscripts And The Roots Of His Later Philosophy, Anton Alterman

Dissertations, Theses, and Capstone Projects

In 1929 Wittgenstein began to work on the first philosophical manuscripts he had kept since completing the Tractatus Logico-Philosophicus (TLP) in 1918. The impetus for this was his conviction that the logic of the TLP was flawed: it was unable to account for the fact that a proposition that assigns a single value on a continuum to a simple object thereby excludes all assignments of different values to the object (the "color exclusion" problem). Consequently Wittgenstein's "atomic propositions" could not be logically independent of one another.

Initially he thought he could replace the "logically perfect language" of the TLP with …

An Exploration Of Social Withdrawal In Adolescence, Ryan Lee Channel

Dissertations and Theses @ UNI

Social withdrawal is most frequently described in the literature as a form of social maladjustment characterized by a lack of prosocial and cooperative behaviors combined with shyness, anxiety, and oversensitivity leading to withdrawal from social interactions and avoidance of the peer group. Social withdrawal can lead to rejection by the peer group, with the assumption being that peers would not necessarily reject the socially withdrawn student if the child interacted appropriately in social situations. The opposite, however, may also be true. The rejection by peers may be the cause of the social withdrawal. This study focuses on an adolescent who …

Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez

Faculty Scholarship

For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the overrepresentation …

The Perils Of Public Opinion, Deborah W. Denno

Faculty Scholarship

Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”) is a rich, creative, and intriguing book with an ambitious goal: to examine the extent to which laypersons' views of justice (their “moral intuitions”) are reflected in current criminal codes. This Article discusses the significance of Justice's approach to understanding law and why the book is an excellent springboard for further research comparing community standards and legal codes. However, this Article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this Article's own study of national and New Jersey demographic and …

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 Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney

Faculty Scholarship

At the dawn of a new century of Supreme Court workplace law, it seems especially appropriate to offer some perspective on the recent and relatively recent past. Before addressing the seven cases involving labor and employment issues decided by the Supreme Court in the Term just ended, I want briefly to describe (in what I hope are not mechanical terms) how the Court's interests in labor and employment law have evolved from the start of the Burger Era in 1969 to the current, mature stage of the Rehnquist Court.

The Regulation And Characterization Of Store-Operated Ion Channels In Immune Cells., Zhengchang Su

All ETDs from UAB

No abstract provided.

Cholinergic Denervation And Hippocampal Sympathetic Ingrowth Affect The Secretion Of The Amyloid Precursor Protein., Melinda Rice Roberson

All ETDs from UAB

No abstract provided.

Characterization Of Alternatively Spliced Versions Of The Human Transcription Factor Brf., April Victoria Mcculloch

All ETDs from UAB

No abstract provided.

An Assessment Of Special Education Services Provided For Juvenile Offenders With Disabilities In Alabama., Rebecca Ann Wilson Seales

All ETDs from UAB

No abstract provided.