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Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein

Vanderbilt Law Review

The themes of incursion and boundary-crossing unite disparate legal domains. Wherever human beings cross paths and share space, law or law-like traditions develop to regulate this terrain by distinguishing permitted from proscribed intrusion.' Crimes and torts, regulation and liability, claims and defenses to claims, private law and public law all use a variety of measures--punishments, administrative rules, equitable remedies, professional discipline, and informal or extralegal sanctions-to condemn undue aggression. Concern about aggression may be found in the law of every jurisdiction in the United States.

Within American law, an extra increment of aggression can amount to the only difference between …

The Limits Of Law At The Limits Of Life: Lessons From Cannibalism, Euthanasia, Abortion, And The Court-Ordered Killing Of One Conjoined Twin To Save The Other, George J. Annas

Faculty Scholarship

The subject is law at the beginning and end of life. Most of my work is in the area of general health law: law and medicine, public health law, and health and human rights. But this is my favorite subject area, and I expect you to ask me the hardest questions you can. I am not saying I can answer them, but if I cannot that is my fault, not yours. I am going to make a pretty broad argument today about law and medicine; specifically about how new medical technology and medical practice standards have eclipsed religion (and sometimes …

Party As A "Political Safeguard Of Federalism": Martin Van Buren And The Constitutional Theory Of Party Politics, Gerald F. Leonard

Faculty Scholarship

In the last decade or so, the Supreme Court has revitalized judicial enforcement of federalism. This development has spurred the partisans of Herbert Wechsler's "political safeguards of federalism" to begin a serious investigation of the ways in which extra-judicial politics can and does substitute for and complement the judicial role in enforcing federalism and the Constitution. Similarly, constitutional scholars have turned in increasing numbers to the question of how even judicially promulgated doctrines of constitutional law turn out to be more derivative of popular politics than vice versa. Necessarily, much of the investigation on both fronts has turned historical and …

When Did The Constitution Become Law?, Gary S. Lawson, Guy Seidman

Faculty Scholarship

Conventional wisdom and Supreme Court doctrine hold that the federal Constitution became legally effective on March 4, 1789, when the first session of Congress began. This conclusion is wrong, or at least seriously incomplete. Evidence from the Constitution, its adoption, and contemporaneous understandings reflected in treaties, statutes, and state constitutions demonstrates that the Constitution did not have a single effective date. Instead, different parts of the Constitution took effect in stages, beginning on June 21, 1788, when New Hampshire became the ninth state to ratify the document, and continuing at least until April 30, 1789, when President Washington was sworn …

Congressional Power To Require Dna Testing, Larry Yackle

Faculty Scholarship

Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy's idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.

The Future Of Southeast Asia: Challenges Of Child Sex Slavery And Trafficking In Cambodia, Benjamin Perrin, Shuvaloy Majumdar, Nicholas Gafuik, Stephanie Andrews

All Faculty Publications

The Cambodia Project: During 2000-2001, The Future Group launched its inaugural project in Southeast Asia to address child sex slavery and trafficking. For nearly one-hundred days, a deployment team of four worked with local organizations in Cambodia to implement new ideas to help the children affected by this crisis of international proportions. Initially, The Future Group had planned to work to implement five projects in Cambodia. After just three weeks, the deployment team was significantly ahead of schedule and began to actively identify new areas to pursue. Critical areas of need at local centres were addressed and projects that increased …

The Impossibility Of Lujan's Project, Gene R. Nichol

Faculty Publications

No abstract provided.

The Future Of Educational Diversity: Old Decrees, New Challenges, John Charles Boger, Elizabeth Jean Bower

Faculty Publications

No abstract provided.

Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main

Scholarly Works

No abstract provided.

Glacial Deposits, Vol. 29, 2000-2001, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

Auto Shop Boys: A Collection Of Short Stories, Daniel T. Mcnamara

LSU Master's Theses

Not applicable.

Plants To The Rescue : A Study Of Canola (Brassica Napus), A Selenium-Accumulating Plant : An Overview Of Phytoremediation And Potential Pitfalls Of This Remediation Strategy, Katy Wren Euliss

Undergraduate Theses and Senior Projects

No abstract provided.

Communication In The Classroom : Three Communication Models, Kristine Kuffenkam

Undergraduate Theses and Senior Projects

No abstract provided.

Mothers And Daughters : A Memoir In Two Parts, Roxanne Moore

Undergraduate Theses and Senior Projects

No abstract provided.

Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property, 1800-1920, Catherine L. Fisk

UC Law Journal

The invention of trade secret doctrine in the mid-nineteenth century enabled employers to enjoin revelation of secret information by current or former employees. At the same time, courts expanded the permissible uses of post-employment covenants not to compete so as to prevent dissemination of knowledge. These doctrinal developments thus defined the bounds of permissible entrepreneurship. Equally as significant, these doctrines both generated and reflected a profoundly new perspective on the nature and control of workplace knowledge.

This Article examines the origins and development of the law of trade secrets and restrictive covenants through study of cases and treatises and through …

Extinguishing Inheritance Rights: California Breaks New Ground In The Fight Against Elder Abuse But Fails To Build An Effective Foundation, Kymberleigh N. Korpus

UC Law Journal

This Note examines the elder abuse problem in the United States by describing: state responses to its "discovery" in the late 1970s as well as the debilitating reliance upon reporting; the currently available remedies and the hurdles to using those remedies; the ethical challenges to the states' primary abuse prevention tools, and the dramatic explosion in elder abuse that is already underway. Then, this Note describes American descent doctrines, and philosophies underlying exceptions to the doctrinal testamentary freedom and value-neutrality of intestate succession statutes. It proposes the Chinese behavior-based model of inheritance as an alternative inheritance scheme that, with its …

Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher

Articles by Maurer Faculty

No abstract provided.

The Private Attorney General In A Global Age: Public Interests In Private International Antitrust Litigation, Hannah Buxbaum

Articles by Maurer Faculty

Even in a climate of increased cooperation among regulatory authorities, jurisdictional conflict remains a prominent aspect of cross-border antitrust regulation. Much of this conflict is generated by private litigation - that is, lawsuits initiated under U.S. antitrust law by private attorneys general rather than by the government. This article examines two strands of jurisprudence relevant to the role of the private attorney general in cases with international aspects. First, it analyzes the cases, involving actions based on statutory violations of the antitrust laws, in which the extraterritorial reach of U.S. antitrust law has been delimited. It then turns to decisions …

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Trans-Mississippi Southerners In The Union Army, 1862-1865, Christopher Rein

LSU Master's Theses

Men from throughout the Trans-Mississippi South enlisted in the Union army during the Civil War both in existing northern regiments and in units raised specifically for the purpose of enlisting southerners. The men who joined and fought represented almost every social and ethnic division within the region and contributed substantially to the success of Union arms during the war. Examining a single regiment from each state or territory in the region (except Louisiana, where one white and one black unit were chosen due to segregation) reveals similarities of background, experience and purpose. Louisiana's contributions to the Union army were primarily …

Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards

Scholarly Works

No abstract provided.

The Jurisdiction Of The Community Courts Reconsidered, Paul Craig

Articles by Maurer Faculty

No abstract provided.

The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Attitudes At The Bank : A Survey Of Reactions To Different Varieties Of English, Sean Wilcox

Dissertations and Theses

In the modem world of international communication, it is more common for speakers of different varieties of English to come into contact with each other on a daily basis. This can occur not only in face to face communication, but in telephone communication as well.

This study investigates the attitudes towards a non-native or Expanding Circle (ECE) variety of English held by telephone customer service representatives at a large American financial institution. The central question of this study asks whether or not these telephone representatives will rate a speaker of a Korean-accented variety of English higher or lower than a …

Portland State Magazine, Portland State University. Office Of University Communications

Portland State Magazine

PSU’s alumni magazine, published 2-3 times a year. In this issue: Finding ancient remnants of a rich Northwest culture; young readers—and the authors who love them—are shaking up the book world; a professor tells of his trip up the Amazon to bring medical care to isolated peoples; love ’em or hate ’em, holiday letters are an American tradition; a strong focus launches Michelle Collins ’85 on a stellar career; and more.

Preparing Teachers For Educating Linguistically Diverse Students, Teresa Kennedy

Northwest Journal of Teacher Education

The nations resident population on Census Day, April 1, 2000, was 281,421,906- a 13.2 percent increase over the 248, 709,873 counted in the 1990 census. Since the ethnic profile of the United States is steadily increasing, the current drive for educational reform must strive to rethink and restructure schools to serve all students well. The intended modification of curriculum and instructional practices necessary to achieve this goal must focus on challenging and engaging all students while articulating programs across grade levels in a coherent, sequential manner. The teaching contexts are changing direction, and so, too, must teacher training and staff …

Transforming Technology Management Courses For Web Delivery, Wayne Wakeland

Complex Systems Faculty Publications and Presentations

This paper explores the ramifications of using web technology in teaching technology management courses, computer-based modeling and simulation courses in particular. The emphasis is on what works, but disappointments are also mentioned. Web technology is being used to supplant lectures with self-paced materials and lab exercises that enable students to take courses remotely and asynchronously. Web-based exams are also discussed.

Book Review Of International Librarianship: Cooperation And Collaboration. Edited By Frances Laverne Carroll And John Frederick Harvey., Kristen Kern

Library Faculty and Staff Publications and Presentations

Book review of International Librarianship: Cooperation and Collaboration. Edited by Frances Laverne Carroll and John Frederick Harvey.

Facts, Shapes, Our Relationship With The Landscape: A Conversation With David Quammen, David Thomas Sumner

Faculty Publications

This interview with David Quammen is part of a series of conversations with contemporary western writers about the ethical and cultural implications of nature writing.