Digital Commons Network^™

Unequal Justice: Arabs In America And United States Antiterrorism Legislation, Michael J. Whidden

Fordham Law Review

Racial discrimination in any form and in any degree has no justifiable part whatever in our democrati way of life. It is unattractive in any setting but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the united States. All residents of this nation are primarily and necessarily a part of the new and distinct civilization of the United States. They must accordingly be treated at all times as the heirs of the American experiment and as entitled to all the rights and freedoms guaranteed by the Constitution.

The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley

Fordham Law Review

No abstract provided.

Natural Law And The Constitution Revisited, Robert P. George

Fordham Law Review

No abstract provided.

The Ethics Of Middle-Class Access To Legal Services And What We Can Learn From The Medical Profession's Shift To A Corporate Paradigm, George C. Harris, Derek F. Foran

Fordham Law Review

No abstract provided.

Middle-Class Lawyering In The Age Of Alzheimer's: The Lawyer's Duties In Representing A Fiduciary, Patrick Emery Longan

Fordham Law Review

No abstract provided.

The Advocate As Witness: Understanding Context, Culture And Client, Judith A. Mcmorrow

Fordham Law Review

No abstract provided.

What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young

Fordham Law Review

No abstract provided.

Data Report: Carbon Isotopic Composition Of Dissolved Co2, Co2 Gas, And Methane, Blake-Bahama Ridge And Northeast Bermuda Rise, Odp Leg 172, Walter S. Borowski, Namik Cagatay, Y Tournois, Charles K. Paull

EKU Faculty and Staff Scholarship

Carbon isotopic data of interstitial dissolved CO2 (ΣCO2), CO2 gas, and methane show that a variety of microbial diagenetic processes produce the observed isotopic trends. Anaerobic methane oxidation (AMO) is an important process near the sulfate-methane interface (SMI) that strongly influences the isotopic composition of ΣCO2 in the sulfate reduction and upper methanogenic zones, which in turn impacts methane isotopic composition. Dissolved CO2 and methane are maximally depleted in 3C near the SMI, where C values are as light as –31.8‰ and –101‰ PDB for ΣCO2 and methane, respectively. CO2 reduction links the CO2 and methane pools in the methanogenic …

Making A Federal Case Out Of It: Section 1981 And At-Will Employment, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.

Preferred Leadership Of Ncaa Division I And Ii Intercollegiate Student-Athletes, Joel W. Beam

UNF Graduate Theses and Dissertations

The purpose of this study was to examine the differences of student-athletes' preferred leadership behavior for their coaches based on gender, competition level, task dependence, and task variability. Four hundred and eight male and female student-athletes from four NCAA Division I and six Division II universities expressed their preferences using the Revised Leadership Scale for Sport (RLSS) (Zhang, Jensen, & Mann, 1997). The preference version of the RLSS included six behavior dimensions, autocratic, democratic, positive feedback, situational consideration, social support, and training and instruction behaviors.

A split-plot ANOVA was performed on the individual preference scores grouped by gender, competition level, …

Social Logic As Business Logic: Guanxi, Trustworthiness And The Embeddedness Of Chinese Business Practices, Wai Keung Chung, Gary Hamilton

Research Collection School of Social Sciences

This chapter explores the nature of Chinese business practices by looking at their social foundations. We argue that the use of an inter-subjective logic based on the norms of social relationships provides an institutional foundation for economic transactions in Chinese business settings. The logic of social relationships-or what we call guanxi logic-is embedded in daily practices of the Chinese business community. Rather than making economic decisions less "economic", relational rules embedded in guanxi places interpersonal business transactions within a prescriptive framework, thereby increasing the calculability of economic outcomes. Guanxi logic is, therefore, a socially meaningful way to enhance economic rationality. …

Mentors Or Friends: Confucius And Aristotle On Equality And Ethical Development In Friendship, Sor-Hoon Tan

Research Collection School of Social Sciences

In Thinking from the Han, David Hall and Roger Ames compare Plato's - and Confucius's views of friendship in relation to the question of transcendence and arrive at the sad conclusion that Socrates and Confucius could not be friends. "Socratic irony would not allow the inequality Confucius requires as a means of self-betterment. Confucius would not permit he and Socrates to hold all things in common." Along the way, they articulate an understanding of Confucius’ view of friendship as "a one-directional relationship in which one extends oneself by association with one who has attained a higher level of realization." Hall …

Remnants Of Recent Customs Litigation: Jurisdiction And Statutory Interpretation, Claire R. Kelly

Brooklyn Journal of International Law

No abstract provided.

Role Of Judicial Review In Administrative Enforcement Cases, F. Amanda Debush

Brooklyn Journal of International Law

No abstract provided.

Historical Retrospective And The Future Role And Jurisdiction Of The U.S. Supreme Court Of International Trade Bar Association, Stephen M. Deluca

Brooklyn Journal of International Law

No abstract provided.

The Globalization Of International Trade Litigation: Ad/Cvd Litigation - Which Forum And Which Law, Elizabeth C. Seastrum, Myles S. Getlan

Brooklyn Journal of International Law

No abstract provided.

Andrew P. Vance Memorial Writing Competition Winner: Corporate Factory/Supplier Monitoring Programs And The Failure Of International Law In Regulating Indian Factory Conditions, Marc J. Monte

Brooklyn Journal of International Law

No abstract provided.

Expanding The Jurisdiction Of The U.S. Court Of International Trade: Proposals By The Customs And International Trade Bar Association, Patrick C. Reed

Brooklyn Journal of International Law

No abstract provided.

Andrew P. Vance Memorial Writing Competition Winner: Can't Get There From Here: How Nafta And Gatt Have Reduced Protection For Geographical Trademarks, John R. Renaud

Brooklyn Journal of International Law

No abstract provided.

Barriers To Entry In Mexican Telecommunications: Problems And Solutions, D. Daniel Sokol

Brooklyn Journal of International Law

No abstract provided.

Relations Between Regulation, Competition Policy And Consumer Protection In Telecommunications, Electricity And Water Supply, Gesner De Oliveira, Sergio Goldbaum

Brooklyn Journal of International Law

No abstract provided.

Is It Time For An International Agreement On Uncompetitive Public Sector Practices?, Shanker A. Singham

Brooklyn Journal of International Law

No abstract provided.

Confronting The "Problem" Of Third Party Expenditures In United Kingdom Election Law, Andrew C. Geddis

Brooklyn Journal of International Law

No abstract provided.

The Sec's (Changing?) Stance On Ias, Maureen Peyton King

Brooklyn Journal of International Law

No abstract provided.

Theory, Application And The Canon: The Case Of Mill And Jevons, Sandra J. Peart

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

Whatever disputes remain about the nature and content of the "canon" of economics, it is widely accepted that the boundary of economic science was narrowed throughout the nineteenth century (Winch 1972). This chapter offers a partial explanation for that narrowing in the methodological developments that occurred during the second half of the century. For reasons of practicality in the face of pronounced "multiplicity of cause," John Stuart Mill called, In his 1836 Essay On the Definition of Political Economy; and on the Method of Investigation Proper to It, and again in his 1843 Logic, for a separate …

Jurors, Judges, And The Mistreatment Of Risk By The Courts, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

A sample of almost 500 jury-eligible citizens considered a series of experimental situations involving accidents. The juror sample did not properly apply negligence rules, as their errors were particularly great for low-probability, large-loss cases. They also penalized corporations for undertaking corporate risk analyses that seek to trade off cost versus risk reduction benefits. Jurors' damages assessments were also more prone to error than were responses by a sample of state judges. Judges were less prone to erroneous risk beliefs and less subject to the zero-risk mentality.

The Most Dangerous Justice Rides Again: Revisiting The Power Pageant Of The Justices, Paul H. Edelman, Jim Chen

Vanderbilt Law School Faculty Publications

Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during its 1994 and 1995 Terms, we developed a generalized Banzhaf index of the Justices' relative strength. Generally speaking, participating in a greater number of unique coalitions translates into greater judicial voting power. To supplement the small number of decisions then available, we derived hypothetical five-Justice coalitions from the intersections of actually observed coalitions involving more than five members. Professor Lynn Baker contested our …

The Sage Of Pure Experience: The Appeal Of Ramana Maharsi In The West, Thomas A. Forsthoefel

Journal of Hindu-Christian Studies

Wilhelm Halbfass's seminal study of the concept of experience in Indian religions illuminates the philosophical ambiguities of the term and its recent appropriations by some neo-Advaitins to serve apologetic ends. Anantanand Rambachand's own study of the process of liberation in Advaita Vedanta also critically reviews these apologetic strategies, arguing that in privileging anubhava, they undervalue or misrepresent the importance given to sruti in Sankara's Advaita. In this article, I hope to extend the work of these two scholars, this time reviewing the unusually strong appeal of a modern adept of Advaita, Ramana Maharsi, to Western scholars and spiritual figures. …

Ay 2000/2001 Sec Meeting Minutes, 2000-11-29, Faculty Senate

Faculty Senate Archives

No abstract provided.

"Apprendi" And Plea Bargaining, Nancy J. King, Susan Riva Klein

Vanderbilt Law School Faculty Publications

Before "Apprendi", prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor's threats of added time were not persuasive and the proof of aggravating facts weak, the defendant prior to "Apprendi" could refuse to admit to the aggravating fact, and plead guilty only to the offense without the aggravating fact. Nothing about "Apprendi" gives additional leverage to the prosecutor in this situation. A defendant who, prior to "Apprendi", decided to risk trial rather than face the aggravated sentence will make the same …