Digital Commons Network^™

How High The Crime?, Joseph A. Woods Jr.

UC Law Journal

No abstract provided.

Reflections On The Legacy Of Watergate, Richard Ben-Veniste

UC Law Journal

No abstract provided.

"The Best Thing For The Country", Herbert J. Miller Jr.

UC Law Journal

No abstract provided.

Monstrous Offenders And The Search For Solidarity Through Modern Punishment, Joseph E. Kennedy

UC Law Journal

In this article, Professor Kennedy examines the tremendous increase in the severity of punishment in America in recent decades. He posits that criminal punishment has come to serve as a new civic religion of sorts for a society worried about its ability to cohere. The depth of our anxieties about our social solidarity, Kennedy argues, expresses itself in our monstrous conceptions of crime and in the corresponding severity of our punishment. His conclusion is that crime has come to serve as a rallying cry for a divided and insecure society, and that individuals and groups try to use punishment and …

Taking Trips To The Eleventh Amendment: The Aftermath Of The College Savings Cases, John O'Connor

UC Law Journal

This note examines the conflict between Eleventh Amendmentbased state sovereign immunity and Fourteenth Amendment-based congressional power to abrogate that immunity. In 1999, the Supreme Court handed down two opinions that dramatically redefined the relationship between federal government and the states. In the companion intellectual property cases, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board and Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that Congress had improperly attempted to abrogate the states' sovereign immunity, overruling aspects of the Trademark Remedy Act and Patent Remedy Acts respectively. As a result of these cases, …

The Keepers Of The Gates: Intellectual Property, Antitrust, And The Regulatory Implications Of Systems Technology, Dana R. Wagner

UC Law Journal

This Article identifies and analyzes an emerging trend in the legal regulation of high-technology industries. The Article begins by distinguishing between conventional forms of computer technology and "systems technology," the architectural technology that defines computing environments and determines the products with which they can interface. It argues that a doctrinal shift is occurring in the laws that regulate the competitive behavior of systems-technology innovators: a shift away from exclusionary entitlements and towards a system of liability-rule protections. As evidence of this shift, the Article examines recent legal disputes involving microprocessor technology and computer bus design.

The Article then argues that …

Managerial Litigants? The Overlooked Problem Of Party Autonomy In Dispute Resolution, Sarah Rudolph Cole

UC Law Journal

In recent years we have witnessed a dramatic upsurge in litigant use of alternative dispute resolution (ADR) mechanisms, both inside and outside the traditional litigation system. This explosive growth in ADR utilization presents courts with a fundamental problem. The cornerstone of ADR processes, and in particular, ADR process design, is party consent. In general, parties are free (on a shared consent basis) to shape the ADR processes they employ to suit their perceived needs. When disputants request that courts use dispute resolution tools, courts have, for the most part, adopted this precept, willingly accepting efforts by "managerial litigants" to shape …

Beyond Relevant Conduct--The Federal Sentencing Commission's (In)Discretion: How U.S.S.G. Section 2g2.2(B)(4) Illustrates The Future Of The Sentencing Guidelines, Rebecca Poate

UC Law Journal

This Note explores the aftermath of the creation of the Federal Sentencing Guidelines and the choice to include relevant conduct as a sentencing criteria. It argues that peculiar, unintended consequences have largely been the result of this attempted reform. The inclusion of relevant conduct, despite its debatable connection to congressional intent, combined with a statute left over from pre- Guideline sentencing that mandates rampant judicial discretion at sentencing, has allowed the disparity-producing sentencing of old to creep back into the post-Guideline world. This time, however, the wide-ranging discretion to consider virtually any conduct at sentencing is comfortably hidden behind the …

Accreditation And Academic Quality: A Comparison With Healthcare Accreditation, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

The origins of accreditation in higher education began at the turn of this century, resulting from the rapid growth in number and variety of educational institutions. One of the key concerns of accreditation has been to address quality in educational experiences. Specialized accreditation of higher education programs in recreation, park resources, and leisure services has evolved over the past 20 years; however; concerns can be raised regarding the ability of the current process to adequately measure quality. Comparisons are made with trends identified in the evolution of accreditation in healthcare and their implication to the future of accreditation. Recommendations are …

Black Gaius: A Quest For The Multicultural Origins Of The "Western Legal Tradition", P. G. Monateri

UC Law Journal

This article is divided into two parts. The first is devoted to reconstructing the historical self-consciousness of the Western Legal Tradition, showing the emergence of a model based on the more or less explicit assumptions of Roman, and subsequently Western, legal originalism and supremacy. In the second part, different areas are investigated--contract, theories of government, dispute settlements, and legal culture-to challenge the same existence of a Roman law at the root of modem Western laws. In this way the package of received ideas in legal scholarship about the history and nature of the Western legal culture is revealed to be …

Improved Resolution Backscatter Measurements With The Seawinds Pencil-Beam Scatterometer, David G. Long, Michael W. Spencer, Chialin T. Wu

Faculty Publications

The SeaWinds scatterometer was launched on the NASA QuikSCAT spacecraft in June 1999 and is planned for the Japanese ADEOS-II mission in 2000. In addition to generating a global Ku-band backscatter data set useful for a variety of climate studies, these flights will provide ocean-surface wind estimates for use in operational weather forecasting. SeaWinds employs a compact "pencil-beam" design rather than the "fan-beam" approach previously used with SASS on Seasat, NSCAT on ADEOS-I, and the AMI scatterometer on ERS-1, 2. As originally envisioned and reported, the resolution of the SeaWinds backscatter measurements were to be antenna-beamwidth limited. In order to …

Norfolk And The Mormon Folk: Latter-Day Saint Immigration Through Old Dominion (1887-90), Fred E. Woods

Faculty Publications

On 11 September 1887, the front page of the Norfolk Virginian had a bold headline, "Four Hundred Mormons," along with the following information: "The Old Dominion steamer Richmond, which arrived from New York yesterday, had on board four-hundred and twenty Mormon immigrants from the British Isles who had arrived in New York on Thursday on the steamship Wisconsin. The immigrants are all new converts to the Mormon religion and will swell the number of adherents to the Brigham Young faith in the territory considerably. The party is composed of men, women and children, and when the special train with nine …

The Systemic Redesign Of Manufacturing Systems In Small To Medium Sized Enterprises, John William George Bradford

School of Engineering, Computing and Mathematics Theses

The research problem was to develop a new approach for redesigning manufacturing systems within Small to Medium sized Enterprises (SMEs). Field observation together with literature review showed that methodologies propounded in theory were not being applied in practice. The research presents a new methodology for the systemic redesign of manufacturing systems within SMEs. The methodology consists of a four phase iterative design strategy consisting of Planning, Risk Assessment, Action and Evaluation leading to the next Planning phase. This is given a systemic basis through four perspectives: Structure; People; Process; and Technology; which frame and guide the Planning phase. Prior to …

Ethnic Representation In A Sample Of The Literature Of Applied Psychology, Leslie Case, Timothy B. Smith

Faculty Publications

A number of authors have raised concerns over the external validity of psychological research. This study examined the extent to which empirical articles include human participants from diverse ethnic backgrounds. Articles published over a 5-year period in 14 selected journals representing 3 applied subdisciplines of psychology were examined. Of the 2,536 articles coded, only 61% indicated the ethnicity of the participants. For those articles, the ethnic compositions approximated U.S. Census estimates, with the exception of an over representation of African Americans and an under representation of Hispanic Americans. The results imply that although the field is apparently adequately recruiting English …

Russian Parenting Styles And Family Processes: Linkages With Subtypes Of Victimization And Aggression, Craig H. Hart, David A. Nelson, Clyde C. Robinson, Susanne F. Olson, Mary Kay Mcneilly-Choque, Christin L. Porter, Trevor R. Mckee

Faculty Publications

Political changes in the former Soviet Union have allowed social scientists to explore a variety of family and child development issues that were closed to systematic investigation for many decades (Maddock, Hogan, Antonov, & Matskovsky, 1994). Prior Soviet psychological research focused on cognitive rather than socioemotional processes for political reasons (Kerig, 1996). Therefore, Western researchers had little opportunity to conduct research on children’s social development in the context of the family in the former Soviet Union.

The Eagle, The Turtle, The Shrimp, And The Wto: Implications For The Future Of Environmental Trade Measures, Jennifer A. Bernazani

Connecticut Journal of International Law

In addition to being a versatile ingredient, shrimp have become the main course in an international trade debate. The controversy over the pint-sized crustaceans stems from Section 609 of Public Law 101-162, a United States measure which utilizes a shrimp embargo as a means of obtaining compliance with a program to decrease incidental capture of endangered sea turtles. While the measure's ultimate objective of protecting turtles has been praised, its compliance mechanisms have drawn harsh criticism from those seeking to promote multilateral agreements and from foreign nations seeking to export to the United States. But perhaps the most crushing criticism …

The White Rose: Judges And Justice In The Third Reich, Matthew Lippman

Connecticut Journal of International Law

In recent years there has been an increased interest in the Holocaust.' One concern has been to explain the willingness of ordinary Germans2 and highly educated medical professionals' to conform to the draconian dictates of the Third Reich.4 This scholarly effort largely has ignored the complicity of lawyers and judges in the Nazi's depredations.5 The lack of academic concern may be based on the belief that the Reich was a "lawless" regime in which legal professionals performed a limited role. Most studies accordingly have centered on the extra-judicial and summary exterminations carried out by the Nazi government. 6 However, the …

Coming To America: International Students Face A Labyrinth Of Income Tax Issues, Ernest R. Larkins

Connecticut Journal of International Law

In coming to America, international students provide many benefits to the U.S. educational system. They boost lagging enrollments and bring cultural diversity to American classrooms. When they return to their home countries, international students often take with them a greater appreciation for American culture, traditions, and values. Many times, they act as goodwill ambassadors for the United States. The United States issued 427,000 nonimmigrant visas to academic and vocational students in 1996, an increase of 66 percent over similar visas issued in 1985.' In descending order, Japan, Korea, China, and India accounted for the largest numbers of international students visiting …

The Efficacy Of Strasbourg Law, Mark Weston Janis

Connecticut Journal of International Law

This article explores what we seem to know and what it might be useful to know about the efficacy of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms.' It concludes that, though we know quite a lot of detail about compliance with Strasbourg law, we should be a little more careful about claiming too much success for the system. For an international legal system, Strasbourg law is, from what we can tell, remarkably efficacious, but it is far from (anything but relatively) perfect.