Digital Commons Network^™

Filial Responsibility Statutes: Legal And Policy Considerations, Seymour Moskowitz

Journal of Law and Policy

No abstract provided.

Justice For The "Forgotten Victims": U.S. Survivors Of The Holocaust, Hon. Delissa A. Ridgeway

Journal of Law and Policy

No abstract provided.

Changing With The Times: Why Rampant School Violence Warrants Legalization Of Parental Wiretapping To Monitor Children's Activities, Alison S. Aaronson

Journal of Law and Policy

No abstract provided.

The Technological Sniffing Out Of Constitutional Rights: Assessing The Constitutionality Of The Passive Alcohol Sensor Iii, Kim Han

Journal of Law and Policy

No abstract provided.

Lock Them Up And Throw Away The Key: How Washington's Violent Sexual Predator Law Will Shape The Future Balance Between Punishment And Prevention, Sarah E. Sperling

Journal of Law and Policy

No abstract provided.

Boy Scouts Of America V. Dale: The Gay Rights Activist As Constitutional Pariah Symposium, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Introduction: Towards Understanding South African Constitutionalism, Penelope Andrews, Stephen Ellmann

Articles & Chapters

No abstract provided.

From Johnson To Nixon: Narrative Shifts In Gay Male Pornography, Jeremiah Smith

Reconstruction: Studies in Contemporary Culture

[First paragraph]

In Culture Clash: The Making of Gay Sensibility, Michael Bronski argues that dramatic differences occurred in gay male pornographic magazines around the 1969 Stonewall Riots in New York City. With a sample of gay male print pornography my partner and I have collected, ranging from 1966 to 1970, this article will explore the differences proposed by Bronski and ultimately prove their truth. On the surface, it does appear that the magazines prior to 1969 attempt to masquerade their gay prurience while the artifacts published after 1969 had shed the shame and secrecy of the closet rejoiced in …

Director Accountability And The Mediating Role Of The Corporate Board, Margaret M. Blair

Vanderbilt Law School Faculty Publications

One of the most pressing questions facing both corporate scholars and business people today is how corporate directors can be made accountable. Before addressing this issue, however, it seems important to consider two antecedent questions: To whom should directors be accountable? And for what? Contemporary corporate scholarship often starts from a "shareholder primacy" perspective that holds that directors of public corporations ought to be accountable only to the shareholders, and ought to be accountable only for maximizing the value of the shareholders' shares. This perspective rests on the conventional contractarian assumption that the shareholders are the sole residual claimants and …

Brain Plasticity And Spanish Moss In Biolegal Analysis, Erin O'Connor

Vanderbilt Law School Faculty Publications

The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach peak effectiveness unless it is built on a sound behavioral model, and no model of human nature is ultimately sound unless it is consistent with the insights from behavioral biology. And the beauty of behavioral biology, for one who uses behavioral models, is that it tells us something about human tastes, preferences, and cognitive biases and limitations.

The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie

Vanderbilt Law School Faculty Publications

Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes both facilitation and evaluation, a vocal group of purist critics rejects Riskin's pluralist view of mediation on normative grounds. These purist critics -- including such prominent mediator-scholars as Professors Kim Kovach, Lela Love," and Josh Stulberg -- argue that mediation is in fact, and should be, solely a facilitative process "designed to capture the parties' insights, imagination, and ideas that help them to participate in identifying and shaping their preferred outcomes." For …

Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law producing state. Using law reform in Eritrea as a case study, the article asks what will happen in the United States when we become the recipient, rather than the exporter, of maladapted laws that serve the purpose of others instead of serving the unique needs of the United States and its economy.

Bibliography Of Tax Articles In High Prestige Non-Specialized Law Journals: A Comparison Of Australia, Britain, Canada And The United States 1954-2001, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The bibliography surveys all tax articles (but not Notes) from 1954 to 2001 in high prestige law journals in the United States, United Kingdom, Australia and Canada. The bibliography compares number of articles produced in each country and also shows what areas of interest dominate in each market. For example, Canadian journal produce more scholarship on Comparative Taxation while Australian journals are more likely to publish in the area of Evasion and Avoidance.

Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab

Cornell Law Faculty Publications

In this Article I predict how employment law will change in the future. My task is positive rather than normative. I will not argue that the developments I foresee are good ones to be applauded. Rather, they arise "inevitably" from the way the law will react to changes in labor markets.

Of course, as Professor Ronald Dworkin emphasizes, in developing a theory of law one cannot sharply distinguish between the positive and normative. Dworkin points out that even in describing the current legal framework, one must choose what to highlight and what to ignore, a process based on values. When …

Ups And Downs Of Mucosal Cellular Immunity Against Protozoan Parasites, Lloyd H. Kasper, Dominique Buzoni-Gatel

Dartmouth Scholarship

No abstract provided.

An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye

Theses and Dissertations

This research study examined the effect of the Freirean Theory of Education on one alternative secondary education program for at-risk students in Salvador da Bahia, Brazil. The learning theory, curriculum, and instructional methods were examined to determine the extent of the influence of Paulo Freire's Theory of Education, the extent of practice, and the extent to which faculty, students, and community members think it should be practiced. From this research, lessons were abstracted for use in schools in the United States. Brazil was chosen because of its shared history with the United States of slavery, colonialism, and oppression of people …

Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner

Theses and Dissertations

Interdisciplinary care is a method of providing patient care that incorporates the efforts of various health care providers. Studies show this approach can improve patient care and decrease overall costs to the healthcare system. Despite the evidence for the benefits of interdisciplinary care, there are no well-defined models for training students during their didactic years to become members of an interdisciplinary team. This study determines the attitudes of administrators of professional schools toward interdisciplinary education, identifies perceived barriers to interdisciplinary education, examines the extent to which interdisciplinary education is occurring at academic health center campuses, and identifies the courses that …

Student Drug-Testing Effects In Selected Arkansas Secondary Schools, David D. Bangs

Theses and Dissertations

This study was to determine whether there was a statistically significant difference in the mean number of student drug and alcohol discipline infractions among ten Arkansas high schools before and after an intervention of a mandatory random drug-testing intervention program for extracurricular activities. The assessment data used in this study were the totals of drug and alcohol discipline incidents or infractions at ten Arkansas secondary schools. The data collection was compiled from each school's administration using the state APSCN services. A survey instrument was completed with the appropriate annual data needed for the study. The annual data consisted of the …

The Changing Landscape Of Higher Educational Finance: Support For Smaller Public Universities In The Southeastern United States, Elizabeth Townsend Walker

Theses and Dissertations

This project was designed to assess the extent to which changes have occurred in the percentage of support provided to institutions of higher education from unrestricted state general fund appropriations in the states that are members of the Southern Regional Education Board (SREB), over the period from 1988-89 to 1997-98. It also addresses the question of why this change has taken place in institutions classified as SREB Category 5 Four-Year institutions — those that grant a limited number of degrees and have fewer than 5,000 full-time equivalent students. Various institutional leaders, policy makers, and analysts were interviewed to discover why …

Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Winter 2001, Vol. 38, No. 2; No. 148

Aicpa Annual Report 2000-01; Strengthening Our Foundation...Building Oppportunities, American Institute Of Certified Public Accountants

AICPA Annual Reports

No abstract provided.

2001-2002 Senate, Senate Committee, And University Committee Membershiip, Georgia Southern University

Faculty Senate: Membership Lists

No abstract provided.

Obstacles To The Professionalisation Of Residential Child Care Work, David Williams, Kevin Lalor

Irish Journal of Applied Social Studies

No abstract provided.

Working Across Borders: Global Restructuring And Women's Work, Donna E. Young

Utah Law Review

In the last quarter century, economic globalization has intensified. Multinational corporations have increased their global influence to an astonishing degree. Global restructuring aids corporations in crossing national borders in search of conditions that increase production and profit. Access to cheap, unregulated or underregulated labor is critical to this process. Corporate interests have used domestic and international laws to their benefit. It is essential that women do the same. Immigrants, women, people of color, gays and lesbians, and poor people, are all at a marked disadvantage vis-a-vis multinational corporations and financial institutions. The latter have shaped and benefitted from laws fundamentally …

The Lynching Of An American Prophet, Warren A. Jennings

BYU Studies

In 1839, Mormon refugees made their way from Missouri to Montrose, Iowa, across the Mississippi River from Nauvoo, Illinois, where they would eventually settle. The man who laid out the city of Montrose, David Wells Kilbourne, disliked Mormons because of a land dispute, and he shared his anti-Mormon opinions in the paper. One of his sympathizers, Thomas Dent, was an Anglican parson in England who'd seen members of his community join the strange new sect. Seeking information about the Mormons, Dent corresponded with Kilbourne. Here the author shares three of Kilbourne's letters to Dent. While the letters include both fact …

“Sweeping Everything Before It”: Early Mormonism In The Pine Barrens Of New Jersey, Stephen J. Fleming

BYU Studies

In the summer of 1838, Elder Benjamin Winchester (fig. 1) ventured into Monmouth County, New Jersey, to preach to gospel. Winchester was the first Mormon missionary to make it into the Pine Barrens, an area so named because of its sandy, unproductive land. Soon "the news went abroad, that a Mormon preacher had made his appearance in the land." Winchester wrote, "As to [Mormon] principles, and rules of faith, the people knew nothing, except by reports... [and] the people flocked out, in crowds to hear, yet at this time, more out of curiosity than any thing else." Once Winchester began …

The Constitution And Property: Due Process, Regulatory Takings, And Judicial Takings, Roderick E. Walston

Utah Law Review

Regulatory takings and judicial takings are judicial works in progress. The Supreme Court has charted a reasonably clear path out of the regulatory takings maze, one that allows the courts to redeem constitutional property protections by resorting to due process-like principles. The Court has not yet, however, confronted the divergence of its jurisprudence regarding judicial takings, nor indicated whether courts are subject to the same constitutional limitations that apply to legislative bodies. Thus, although the Court has significantly clarified the law since Justice Holmes announced in Pennsylvania Coal that government cannot go "too far" in regulating property, many significant takings …

Damage Control: Promoting The Goals Of The Individuals With Disabilities Education Act By Foreclosing Compensatory Damage Awards, Angela Hamilton

Utah Law Review

Congress enacted the IDEA to ensure that all children with disabilities have the right to receive a FAPE, and provided federal assistance to states in order to ensure they have the resources to protect this right. Congress did not provide, however, that compensatory damage awards are available under the IDEA, nor did they suggest that such an award would promote the goal of providing FAPEs to all disabled children. Any implication that such a remedy is available to redress a denial of a FAPE is an affront to what Congress hoped the IDEA would provide to disabled children. As Sellers …

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …

Electrochemistry And Spectroelectrochemistry Of Iron Porphyrins In The Presence Of Nitrite, Zhongcheng Wei, Michael D. Ryan

Chemistry Faculty Research and Publications

The reaction of nitrite with ferric and ferrous porphyrins was examined using visible, infrared and NMR spectroscopy. Solutions of either ferric or ferrous porphyrin were stable in the presence of nitrite, with only complexation reactions being observed. Under voltammetric conditions, though, a rapid reaction between nitrite and iron porphyrins was observed to form the nitrosyl complex, Fe(p)(NO), where P = porphyrin. The products of the reduction of ferric porphyrins in the presence of nitrite were confirmed by visible spectroelectrochemistry to be Fe(P)(NO) and [Fe(P)]2O. Visible, NMR and infrared spectroscopy were used to rule out the formation of Fe(P)(NO) by the …