Digital Commons Network^™

A Return To First Principles? Saenz V. Roe And The Privileges Or Immunities Clause, Douglas G. Smith

Utah Law Review

While it seems unlikely that the Court will soon engage in a wholesale revision of its Fourteenth Amendment jurisprudence by abandoning the Due Process Clause in favor of the Privileges or Immunities Clause as a source of the substantive guarantee for certain fundamental rights, the possibility suggested by Saenz presents intriguing questions for constitutional scholars interested in the original meaning of the Fourteenth Amendment. As this Article has attempted to demonstrate, however, even if the Court does abandon the Due Process Clause in favor of the Privileges or Immunities Clause, the alterations such a switch might entail in the Court's …

City Of Edmond V. Robinson: The Coercion-Standing Test-A New Approach To Religious Symbols Under The Establishment Clause?, David S. Hill

Utah Law Review

Establishment Clause jurisprudence is fraught with a myriad of competing philosophies and intricate tests. Among commentators, judges, and lawyers, no one is completely satisfied with any of the approaches created thus far. Such conflict and complexity invites the temptation to simplify matters by employing more heavy-handed approaches aimed at displacing ambiguities with absolutes, or refusing to address them at all. However, when dealing with a sensitive topic like religious liberty, more sensitive tools must be used. The imperfection of the endorsement test may not always yield the best results, but it does address many of the viable constitutional concerns inherent …

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 …

Alma O. Taylor's Fact-Finding Mission To China, Reid L. Neilson

BYU Studies

In 1909, after serving as a mission president in Japan for eight years, native Utah Mormon Alma O. Taylor visited China as directed by leaders of The Church of Jesus Christ of Latter-day Saints to determine if Mormon missionaries should be sent there. Taylor did not speak Chinese, so he drew his conclusions by speaking to native English speakers living in China, often Protestant missionaries. Excerpts of Taylor's original report are published here, revealing some of the prejudices and perspectives Westerners had regarding China in the early 1900s. The author also supplies historical information about Mormon missionary work in Japan …

Mormons In The Press: Reactions To The 1901 Opening Of The Japan Mission, Shinji Takagi

BYU Studies

During the first month when a Mormon Apostle and three missionaries arrived to begin proselytizing work in Japan, the local and national press published at least 160 articles on Mormonism, many of the articles appearing on the front page. The media attention was unprecedented for The Church of Jesus Christ of Latter-day Saints in that country. Here the author explores the reaction from the Japanese press toward Mormons, the social and historical context that led to such interest, and some of the media controversies that arose. The author concludes that one of the biggest reasons Mormons received such attention when …

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 …

Dual Citizenship And Forced Marriages, Alison Symington

Dalhousie Journal of Legal Studies

This paper examines the phenomenon of forced marriage and how the international law on diplomatic protection and domestic citizenship laws interact to prevent young women from receiving help because of their status as dual nationals. The evolution of international law and the rise of human rights are considered, the author contesting international rules preventing the United Kingdom from attempting to assist its nationals who are abducted to South Asia for the purposes of forced marriage. This paper demonstrates how in complex situations involving power, gender, culture and politics, law is better understood as a struggle over meaning than as a …

A Clean & Healthy Environment: The Barriers & Limitations Of This Emerging Human Right, Erin Eacott

Dalhousie Journal of Legal Studies

A human right to a healthy environment needs to be advocated by states, non-government organisations and the public. It can be argued that a human right to a healthy environment has slowly been emerging in international law over the past 20 years, but whether this right will ever become solidified in international law is not yet clear. A human right to a healthy environment needs to be advocated because it is an essential prerequisite to the fulfillment of many fundamental human rights, such as the rights to life, culture, liberty and security of the person, and an adequate standard of …

Women's Health Research In Canada: Feminist Change In A Murky Zone Of Law, Medicine And Politics, Erin Skinner

Dalhousie Journal of Legal Studies

The general aim of this paper is to explore the relationship between law and the potential for social change in the context of women's health. More specifically, I will critically examine the arguments made by Canadian feminists about the need for change in the ways that health research is structured and carried out in this country, particularly with respect to the generation of knowledge about women's health. Part one of this analysis examines the nature and extent of the problem of gender-biased research. It is followed by an overview of the regulatory framework within which health research is currently conducted …

Restoring And Maintaining Order In Complex Peace Operations: The Search For A Legal Framework, Oleksandra Baglay

Dalhousie Journal of Legal Studies

Book review of Restoring and Maintaining Order in Complex Peace Operations: The Search for a Legal Framework by Michael J. Kelly and published by Kluwer Law International (The Hague), 1999. (311 pp.)

Unpacking ‘Adam Smith: Critical Theorist?’, Spencer J. Pack

Economics Faculty Publications

This paper responds to Keith Tribe's provocative Journal of Economic Literature article, “Adam Smith: Critical Theorist?” There Tribe argued that most people most of the time grossly misread Smith, due, among other things, to their quite inadequate appreciation of Smith's linguistic, social, moral, and theological context. Against Tribe, the paper argues that Smith can profitably be read as both an eighteenth-century moralist and a twenty-first century critic. Smith can be a source of inspiration, wisdom and profundity for contemporary economists. Moreover, Smith can be successfully employed by modern economists to change, deepen, and broaden contemporary economic theory.

Summary #4: The Effects Of Internal Audit Outsourcing On Perceived External Auditor Independence, D. Jordan Lowe, Marshall A. Geiger, Kurt Pany

Accounting Faculty Publications

The accounting profession is attempting to redefine itself, in part by expanding the types of services it provides. This expansion of services has raised questions about whether CPA firms can maintain their independence and still provide an ever-increasing array of other types of services to audit clients. In this study we addressed financial statement user perceptions about CPA firms performing internal auditing outsourcing activities—an area in which CPAs are becoming increasingly involved.

Provocateurs For Justice, Jane H. Aiken

Clinical Law Review

Clinical legal education offers unique opportunities to inspire law students to commit to justice. Merely providing a justice experience is not enough. We must provoke a desire to do justice in our students. As provocateurs, we determine where our students are in the developmental process toward "justice readiness." This article outlines those developmental stages and suggests interventions to assist students in their transition from stage to stage. Being "justice ready" requires sensitivity to the ways in which assumptions color all aspects of our cases. The article closes with suggestions and examples of how to critically reflect on assumptions that hinder …

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice And Skills Training, Antoinette Sedillo Lopez

Clinical Law Review

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization. The essay concludes that the dual aspects of the …

Beyond Skills Training, Stephen Wizner

Clinical Law Review

This article promotes a broad view of clinical legal education as having a political and moral purpose that informs the field's intellectual and skills-training functions. Consulting the history of the field, the author demonstrates that the clinical approach to legal education has always been rooted in a social justice mission. The author urges clinical teachers not only to teach legal knowledge and lawyering skills but also the value of pursuing social justice. The author uses the Yale clinical program to illustrate some of the ways in which clinical legal educators can use client-centered legal services work to teach students to …

Unbundling And Law School Clinics: Where's The Pedagogy?, Mary Helen Mcneal

Clinical Law Review

This article explores unbundling, also known as discrete task assistance and limited legal assistance, and the role it might play in a law school clinical program. After defining unbundled legal services, examples of which include pro se clinics, hotlines, and community education programs, the article outlines the advantages and disadvantages of such services offered on behalf of low- and moderate- income clients. The article then outlines the pedagogical disadvantages of providing unbundled legal services in law school clinics, which include limited skill development and the risk that law students will accept dual standards of representation for rich and poor clients. …

Clinical Education In Russia: "Da And Nyet", Lawrence M. Grosberg

Clinical Law Review

This essay, which grows out of the author's work with law professors in Russia under the auspices of the ABA's Central and East European Law Initiative (CEELI), examines the role that Western clinical legal educators can play in Russian legal education. The essay begins by briefly describing the historical context for the CEELI project and presenting a profile of the Russian law school. The essay then describes some of the author's experiences in Russia and offers suggestions for future Western involvement in Russian legal education.

Building Bridges, Building Walls: Collaboration Between Lawyers And Social Workers In A Domestic Violence Clinic And Issues Of Client Confidentiality, Jacqueline St. Joan

Clinical Law Review

This article is the first in a series that examines the experience and impact on clients, students, and cases of lawyer, social worker and researcher collaboration in an interdisciplinary domestic violence clinic and the ethical challenges that such a design creates. After describing the collaborative structure of this particular clinic design, the author summarizes the reports of students and faculty about interdisciplinary collaboration, and makes suggestions for improvement in collaborative service delivery. The article reviews the current literature on interdisciplinary legal collaboration and evaluates alternative solutions to confidentiality dilemmas, and proposes the use of a confidentiality wall as a means …

Review Essay: Gloria Allaire. Andrea Da Barberino And The Language Of Chivalry, Fabian Alfie

Quidditas

Gloria Allaire. Andrea da Barberino and the Language of Chivalry. Gainesville: University Press of Florida, 1997. xiv + 182 pp. $59.95 ISBN 0813015286.

Front Matter

Quidditas

No abstract provided.

Reading Beyond The Words: Material Letters And The Process Of Interpretation, Sara Jayne Steen

Quidditas

Until recently, early modern letters, and women's letters in particular, have been neglected as a source of information about early modern life and literary culture, although they have much to say, especially about the manuscript culture of which we now have become aware. In the 1990s, scholars began to cross the traditional disciplinary lines between literature and history and examine letters for indications of social and linguistic interrelationships and of personal artistry. Scholars of historical pragmatics now are treating issues such as how forms of address shifted across time; Lynne Magnusson is completing a book that explores early modern Englishwomen’s …

Editor's Note, Trent E. Christensen

Brigham Young University Prelaw Review

No abstract provided.

Comments And Announcements, Lukas F. Burckhardt

Swiss American Historical Society Review

The Swiss General Strike of 1918

Lukas F. Burckhardt, Bern

Reversibility Of The Temperature-Dependent Opacity Of Nonfat Mozzarella Cheese, R. I. Dave, Donald J. Mcmahon, Jeff Broadbent, C. J. Oberg

Nutrition, Dietetics, and Food Sciences Faculty Publications

Salted and unsalted nonfat mozzarella cheese was made by direct acidification and stored at 4 degrees C over 60 d. Changes in cheese opacity were measured by using reflectance L* values while the cheese was heated from 10 to 90 degrees C, then cooled to 10 degrees C, and reheated to 90 degrees C. A characteristic opacity transition temperature (T(OP)) was obtained for each cheese. Both salt content and storage time influenced T(OP). Opacity during heating, cooling, and reheating formed a hysteresis. At d 1, the unsalted cheese became opaque when heated to 20 degrees C, but the salted cheese …

Introduction, Sulochana R. Asirvatham, Corinne Ondine Pache, John Watrous

Classical Studies Faculty Research

This book gathers essays that are all, in one way or another, connected with ancient Greek and Roman religions. The essays cover a wide range—both chronological and geographical—of religious discourse and practice from Classical Athens on to seventeenth-century America via medieval Europe. Thus, there is no attempt at comprehensiveness. Rather, we hope that these essays will serve to problematize some common distinctions that readers generally bring to the study of ancient Greek and Roman religion and its legacy—such as the distinctions between Greece and Rome, Greco-Romans and barbarians, pagans and Christians, religion and politics, and religion and magic, to name …

The Selection Of Narrow Wavebands For Optimizing Water Quality Monitoring On The Great Miami River, Ohio Using Hyperspectral Remote Sensor Data

Journal of Spatial Hydrology

Remote sensing data were successfully used to estimate spatial and temporal variation of optical water quality parameters such as chlorophyll a, turbidity and Total Suspended Solids (TSS) of the Great Miami River, Ohio. During the summer of 1999, spectral data were collected with a hand-held spectroradiometer, a laboratory spectrometer and airborne hyperspectral sensors. Approximately 80 km of the Great Miami River were imaged during a flyover with a Compact Airborne Spectrographic Imager (CASI) sensor. Approximately 10 km were imaged during a second flyover to repeat coverage of the urban and industrial influences around the city of Dayton, Ohio. Instream measurements …

The Legend Of Legacy Of Fawn Brodie, Louis Midgley

Review of Books on the Book of Mormon 1989–2011

Review of Fawn McKay Brodie: A Biographer's Life (1999), by Newell G. Bringhurst

Measurement Of Physical Discipline Practices: Is It Potato Or Potata? Tomato Or Tomata? Or, Should We Call The Whole Thing Off? An Analysis Of The Different Measures Of Physical Discipline On The Intergenerational Transmission Of Violence Hypotheses, Jeremy D. Ball

Student Work

The intergenerational transmission of violence hypothesis has been stated in four general ways: “abuse breeds abuse,” “abuse breeds crime,” “abuse breeds violent crime,” and “abuse breeds a life of crime.” Scholars have disagreed as to whether abuse is a dichotomous concept or not- that is, abuse or no abuse. Some researchers have suggested that abuse is on a continuum of severity and frequency of physical discipline ranging from a slap or a spank to the more violent abusive practices such as beatings and burnings. The current study examines the intergenerational transmission of violence hypotheses using this broader concept. The question …

The Effects Of Television On The Social Construction Of Body Images By Five- And Six-Year-Old Girls, Kristine M. Gruidl

Student Work

Television images influence individuals (Elliott and Slater, 1980). Cognitive learning theory suggests that during the first five to six years of life, children’s behavior patterns will be set (Donohue, 1975). Television has the potential to be a positive influence on learning. However, typical American media and television have been a negative influence on most children (Williams, 1981).

A 1996 study reported thirty-nine-point-one percent of first graders do not like their appearance and would change their looks, given the opportunity. It has been suggested the mass media are responsible and have taught children fat is bad and thin is good (Flannery-Schroeder …