Digital Commons Network^™

Ramirez Solar House : A Case Study Of Early Solar Design, Joanna Kendig

Theses

The Ramirez Solar House in the Delaware Water Gap National Recreation Area is an early historic example of passive solar design. The house was designed by Henry N. Wright, a significant contributor in solar research. Wright's 1944 design with a large window wall and generous overhangs represents a significant step in solar design development. The house, now under the stewardship of National Park Service, has been nominated for the National Register of Historic Places.

The Ramirez House's solar performance was a subject of this study. Instrumentation was set up to record temperatures, humidity and illumination in the unoccupied and un-heated …

Hostage And Barricade Incidents: A Profiling Perspective, Richard A. Murphy

Theses and Dissertations

The Georgia Bureau of Investigation (GBI) has initiated a research project that profiles the perpetrators of hostage and barricade incidents. This research is conducted using a questionnaire that is completed at incident conclusion. The questionnaire was provide .. by the FBI as part of a project called HOB AS (Hostage, Barricade, and Suicide). The HOBAS information is distributed electronically and in print to member law enforcement agencies. HOBAS information is used in this project as the main source of secondary data. The University of Louisville School of Medicine supplied an additional source of secondary data. There are 24 questionnaires that …

The Dialectics Of Fashion: Gender And Politics In Yemen, Sheila Carapico

Political Science Faculty Publications

The situation of Yemeni women is complicated and contradictory. On the one hand, compared with relatively fashionforward Mediterranean Arabs, or even their affluent sisters in the Gulf, Yemeni women appear to be especially oldfashioned. One rarely sees a Yemeni woman outdoors bareheaded, and in the capital, Sana'a, most women cover their faces in public. Yet outward appearances can be misleading. While it is tempting to assume that women "still" veil because "tradition" tells them to, it is simply wrong to conclude that "traditionally" all women were secluded in their homes, or that how they dress now tells us much about …

Genetic And Metabolic Screening Of Newborns: Must Health Care Providers Seek Explicit Parental Consent?, Sheila Wildeman, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, we provide some background on the history of newborn screening and the legal context within which questions regarding consent must be answered, and then turn to the various arguments that can be made for and against the current approach to parental consent to genetic and metabolic tests administered as part of provincial/territorial newborn screening programs. In the end, we conclude that either practice should be changed to align it with current law such that explicit parental consent is sought for the established tests, or that advocates for maintaining current practices should lobby for legislation permitting newborn screening …

Health Care Ethics Experts In Canadian Courts, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, I will first describe the traditional approach to the use of experts in Canadian courts. Then I will consider whether, on this approach, health care ethics experts should be permitted to testify in Canadian courts. I will argue that they should be permitted to testify but caution should be exercised by the courts, the parties, and the experts themselves. The objective of the paper is to highlight the strengths and raise some concerns about the weaknesses of a practice that appears to be growing, so that the potential harmful consequences might be anticipated, problems with the practice …

Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero

Faculty Scholarship

This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …

Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye

Faculty Scholarship

This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.

It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the …

The Pro Bono Priority: The University Of Michigan's Approach To Instilling Public Service, Robert E. Precht, Suellyn Scarnecchia

Articles

The Pro Bono Priority is a two-part feature on pro bono service in Michigan law schools. in Crossing the Bar, the column of the Legal Education Committee, Dolores M. Coulter discusses how Michigan law schools measure up to the recommendations made in Learning to Serve, the report of the Commission on Pro Bono and Public Service Opportunities from the Association of American Law Schools. In the Access to Justice column, Robert E. Precht and Suellyn Scarnecchia focus specifically on the University of MichiHgan's unique approach to pro bono service.

The Constitutionality Of Dna Sampling On Arrest, David H. Kaye

Faculty Scholarship

Every state now collects DNA from people convicted of certain offenses. Law enforcement authorities promote offender DNA databanking on the theory that it will identify offenders who commit additional crimes while or probation or parole, or after they have finished serving their sentences. Even relatively small databases have yielded such dividends. As these database searches uncover the perpetrators of rapes, murders, and other offenses, the pressure builds to expand the coverage of the databases.

Recent proposals call for extending not merely the scope of crimes for which DNA databanking would be used, but also the point at which the samples …

Louisa May Alcott, William T. Adams, And The Rise Of Gender-Specific Series Books, Sarah Wadsworth

English Faculty Research and Publications

No abstract provided.

For The Best Of Friends And For Lovers Of All Sorts, A Status Other Than Marriage (Symposium: Unmarried Partners And The Legacy Of Marvin V. Marvin)" , David L. Chambers

Articles

American governments have recently begun to experiment with new familial statuses for gay male and lesbian couples, who have demanded the right to marry but have been appeased with more modest forms of recognition.4 What I propose here is quite different. It is a status for people who have close bonds but do not want to be married to each other. I call this status "designated friends." Once registered, "designated friends" would obtain a limited number of privileges and undertake a limited number of responsibilities relating to the care for the other when ill or incapacitated or upon death, but …

E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman

Articles

A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The domain of evidentiary …

Judicial Review Of Member-State Regulation Of Trade Within A Federal Or Quasi-Federal System: Protectionism And Balancing, Da Capo, Donald H. Regan

Articles

The topic of this Essay is not one Terry Sandalow has worked on, but he got me started on it by organizing, with Eric Stein, the Bellagio Conference on comparative constitutional economic integration in the United States and the European Community. For that, and for thirty-three years during which he has been an unfailingly stimulating and supportive colleague, Dean, and friend, I am deeply grateful.

The Dynamic Analytics Of Property Law, Michael A. Heller

Articles

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.

Welfare, Work, And American Indians: The Impact Of Welfare Reform, Eddie Brown, Leslie Whitaker, Melinda Springwater, Stephen Cornell, Miriam Jorgensen, Michelle Hale, Amie Nagle

Buder Center for American Indian Studies Research

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) ushered in a new era of welfare programs in America. PRWORA and related legislation specifically addressed the needs of American Indian tribes. In this report we review the key features of the welfare reform legislation as it applies to American Indians and Indian Country, assess—to the best of our ability with currently available information—its impact on Indian nations and its chances of achieving its goals, and identify key issues that demand attention if welfare reform is to succeed on Indian lands. The report is divided into three major parts, …

State Of Welfare Families On Reservations: Progress, Setbacks, And Issues For Reauthorization (Working Paper 3), Shanta Pandey, Eddie F. Brown, Min Zhan, Sarah Hicks, Patricia Welch

Buder Center for American Indian Studies Research

State of Welfare Families on Reservations: Progress, Setbacks, and Issues for Reauthorization (Working Paper 3)

Continuity And Contradiction In The Theory And Discourse Of Dependence, Brigid Kennedy-Pfister

Fordham Urban Law Journal

The terms “dependence” and “independence” have historically been used as status makers in social and political discourse in the United States. As various groups and individuals have pursued particular political goals, they have used and defined those terms in diverse ways and attached different meanings and connotations to them. The category of “dependent” in particular has been transformed from a term that at one time marked a natural condition in which certain groups existed, to a term that today defines a social problem. This article describes the content of, and the reasons for this transformation. The author concentrates upon dependency …

Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White

Fordham Urban Law Journal

This article examines the serious potential for a clash between two sets of values: (1) the stated values of the Fair Housing Amendments Act of 1988, that persons handicapped within its terms should not be denied access to decent housing on that account, and that mentally handicapped tenants, especially those who may have, but do not necessarily possess, a propensity for violence, have privacy rights; and (2) the landlord’s responsibilities with respect to the safety needs of other tenants. The author addresses a number of policies, including those embodied in federal and state statutes relating to the rights of mentally …

Privatization And Political Accountability, Jack M. Beerman

Fordham Urban Law Journal

This article draws some general connections between privatization and political accountability. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly privatized entity. Court-created constitutional limits on privatization concerning political accountability have antecedents in recent Tenth Amendment jurisprudence and not-so-recent nondelegation cases. "Privatization" denotes a broad spectrum …

Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek

Fordham Urban Law Journal

The Welfare State of the mid-twentieth century has been supplanted by the rise of the Contractual State, miring welfare reform in the United States in this worldwide reinvention of government. Moving people from welfare to work became a primary goal of federal welfare policy with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the Temporary Assistance for Needy Families program it created. This new structure expressly permits states to devolve welfare policy and operations further still, to the county and city levels, and even to private vendors. As a result of this change, new issues of accountability …

Privatized Communities And The "Secession Of The Successful": Democracy And Fairness Beyond The Gate, Sheryll D. Cashin

Fordham Urban Law Journal

In the twentieth century we became a nation of homeowners. Among this vast majority of American property owners is a significant and growing subset who live in common interest developments ("CIDs"). CIDs are likely to become a dominant form of private home ownership in the next century. They present a very real threat to the social contract in America because they inculcate secessionist attitudes, which will be very hard to counter. As CIDs continue to proliferate, America will need effective public forums in which to mediate and negotiate solutions to problems that transcend borders, gates, and neighborhoods.

Privatization And Public Employment: An Essay On The Current Status And The Stakes, John D. Donahue

Fordham Urban Law Journal

This Essay engages two questions: Is conventional public service being swept away by a tidal wave of outsourcing? And, if replacement by private providers is eroding public employment, how (if at all) should the interests of government works, and government employment as part of America's social landscape, be considered as factors in the debate about privatization?

Government As Administrator Vs. Government As Purchaser: Do Rules Or Markets Create Greater Accountability In Serving The Poor?, David R. Riemer

Fordham Urban Law Journal

The debate over privatization masks the fact that, whether government provides services with its own employees or buys the same services from private vendors, government remains in charge. This essay looks into the decision whether to use a traditional administrative structure to deliver a service or instead purchase it from private vendors.

Privatization And The New Public Management, E.S. Savas

Fordham Urban Law Journal

Privatization is now commonplace throughout the world: in communist, socialist, and capitalist countries; in developed and developing countries; in democracies and dictatorships. It is no longer a partisan or ideological issue, but rather a pragmatic and increasingly routine approach to governing and to managing public services. In short, privatization, properly carried out, works well and produces benefits. It requires a different role for government, and it calls for more brain cells and fewer muscle cells in the public service.

Old Wine In New Bottles: Public Interest Lawyering In An Era Of Privatization, Louise G. Trubek

Fordham Urban Law Journal

Both the theory and practice of public interest lawyering are in transition. Whereas the public interest lawyer of the 1960s and 1970s typically advocated before administrative agencies and courts on behalf of poor people and underrepresented groups, the public interest lawyer of today assumes a much greater variety of roles and is involved in a broader array of tasks. One of the causes of this development is the privatization of government, which has been defined as an increased reliance on the private institutions of society to satisfy public needs.

The Changing Shape Of Government

Fordham Urban Law Journal

Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in dealing …

Privatization In Practice: Human Services

Fordham Urban Law Journal

Matthew Diller moderates this panel discussion with Jacquelyn L. Boggess, Anna Burger, Liz Krueger, David V. Mastran and David R. Riemer. This panel discusses questions like, what happens to public sector workers who follow their jobs after they have been contracted out? Additionally, in the debate about privatization versus public service provision, we must be careful not to forget accountability.

Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin

Fordham Urban Law Journal

This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.

Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel

Fordham Urban Law Journal

This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …

Counseling The Client: An Administrator's View, Daniel A. Degnan

Fordham Urban Law Journal

This Article examines what natural law is and how it should be used as an approach for lawyers. The article first describes that the theory of natural law and positive law is to attain the goal of effecting the common good. Daniel Degnan considers cases from his experience as a law school dean and how the counselors in those cases made good use of a natural law approach. Although the lawyers in all these cases were practitioners advising clients, elements of the common good seems to have been implicit in their handling of every one of the cases. He explains …