Digital Commons Network^™

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

Publications

No abstract provided.

Integration & Biocomplexity, Lakshman Guruswamy

Publications

Sustainable development (SD) is premised on the inescapable and integral role played by humans in shaping and impacting the natural world and has been recognized as a foundational norm of international environmental law and policy. Ecologicalism - an outlook that embraces a comprehensive approach to interdependent natural and human systems - provides the conceptual underpinnings for a creative and integrated environmental management philosophy for implementing SD. This Article argues that the daunting task of defining and applying such an integrated approach and philosophy to the multiple interacting changes affecting planetary life support systems can benefit from the U.S. experience in …

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Publications

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …

Internet Governance, Standard Setting, And Self-Regulation, Philip J. Weiser

Publications

No abstract provided.

Students' Perspectives On Their High School Experience, Kathleen M. Cauley, Carl Chafin, Janine Certo

MERC Publications

This study explored what it is like to be a high school student today. Our purpose was to describe the extent to which the schools in the metropolitan area are meeting the needs of their diverse body of students.

Knowing whether disengagement and alienation are widespread is important if we are to determine whether systemic change is needed or a more localized approach that targets particular students. We looked at those internal (school) factors related to instructional time; non-instructional time in school, extracurricular activities and school climate that help or hinder students’ perceived levels of engagement. Obtaining a snapshot of …

Scalar Wave Diffraction By A Perfectly Soft Infinitely Thin Circular Ring, Fati̇h Di̇kmen, Ertuğrul Karaçuha, Yury Alexanderovich Tuchkin

Turkish Journal of Electrical Engineering and Computer Sciences

A new strong mathematically rigorous and numerically effective method for solving the boundary value problem of scalar (for example acoustic) wave diffraction by a perfectly soft (Dirichlet boundary condition) infinitely thin circular ring is proposed. The method is based on the combination of the Orthogonal Polynomials Approach, and on the ideas of the methods of analytical regularization. As a result of the suggested regularization procedure, the initial boundary value problem is equivalently reduced to the infinite system of the linear algebraic equations of the second kind, i.e., to an equation of the type ( (I + H) x = b …

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 …

Evaluating Hungary's Mixed-Member Electoral System, Kenneth Benoit

Research Collection School of Social Sciences

The electoral system adopted by Hungary in 1989 represents a monument to the potential for institutional design through bargaining to produce complex yet stable institutions. The key compromise reached during this bargaining process was the decision to use a mixed-member system, electing a roughly even number of representatives from both majoritarian single-seat districts (SSDs) and from multi-seat, list proportional representation (PR) districts. This decision established Eastern Europe's first mixed-member electoral system, a format that was to become common in post-communist electoral systems. In its ten-year existence, Hungary's mixed-member system has operated in three elections and seen three different governments come …

Parents' Weekend Study 2001: Prepared For Byu Alumni Association, Laura Minor, Rebecca Keddington, Brian Catmull

Student Works

Parents' Weekend has become a tradition at many colleges and universities across the nation. Parents of students are invited to spend a weekend learning about their child's experience at school and experiencing for themselves many of the activities that take place on campus. LRB Marketing comprised of Laura Minor, Rebecca Keddington, Brian Catmull.

The Position Of The Individual In International Law, Alexander Orakhelashvili

California Western International Law Journal

No abstract provided.

Table Of Contents, California Western International Law Journal

California Western International Law Journal

No abstract provided.

Going For The "Gold": An Application Of The Oecd Bribery Convention To The Olympic Games Scandal, Angela Saloufakos-Parsons

California Western International Law Journal

No abstract provided.

Human Rights In Administrative Proceedings: A Quest For Appropriate Evidentiary Standards, Emanuel Gross

California Western International Law Journal

No abstract provided.

A Call For Cultural Understanding In The Creation, Interpretation And Application Of Law: Is The United States Meeting The Needs Of Russian Immigrant "Mail-Order Brides?", Tifany E. Markee

California Western International Law Journal

No abstract provided.

Going For The "Gold": An Application Of The Oecd Bribery Convention To The Olympic Games Scandal, Angela Saloufakos-Parsons

California Western International Law Journal

No abstract provided.

International Relations, Economic And Compliance With International Law: Harnessing Common Resources To Protect The Environment And Solve Global Problems, Emeka Duruigbo

California Western International Law Journal

No abstract provided.

International Relations, Economic And Compliance With International Law: Harnessing Common Resources To Protect The Environment And Solve Global Problems, Emeka Duruigbo

California Western International Law Journal

No abstract provided.

The Position Of The Individual In International Law, Alexander Orakhelashvili

California Western International Law Journal

No abstract provided.

Conscientious Objection To Military Service: The European Commission On Human Rights And The Human Rights Committee, Marie-France Major

California Western International Law Journal

No abstract provided.

The International Standard Of Direct And Public Incitement To Commit Genocide: An Obstacle To U.S. Ratification Of The International Criminal Court Statute?, Ameer F. Gopalani

California Western International Law Journal

No abstract provided.

The Jehovah's Witnesses Case: Testing The 1997 Law "On Freedom Of Conscience And Religious Associations" And The Russian Legal Process, Charlotte Wallace

California Western International Law Journal

No abstract provided.

Regulation By Bootstrap: Contingent Management Of Hazardous Wastes Under The Resource Conservation And Recovery Act, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

In the last few years, EPA has increasingly employed the questionable technique of “contingent management” to regulate wastes under the federal Resource Conservation and Recovery Act (RCRA) in order to limit the costs and avoid the stigma of hazardous waste classification. Through the technique of contingent management, EPA has exempted materials from classification as hazardous waste on the condition that the materials are managed in the particular manner specified in the regulation. The ultimate bootstrap, contingent management allows EPA to regulate non-hazardous wastes over which it has no statutory jurisdiction. Perhaps more troubling, contingent management allows EPA to avoid the …

South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

Speaking Of The World: Fact, Opinion And The Originality Standard Of Copyright, Alan L. Durham

Articles

No abstract provided.

Reaction And Reform: Transforming The Judiciary Under Alabama's Constitution, 1901-1975 Symposium: Celebrating The Centennial Of The Alabama Constitution: An Impetus For Reflection, Tony A. Freyer, Paul M. Pruitt Jr.

Articles

No abstract provided.

$10 And A Denim Jacket--A Model Statute For Compensating The Wrongly Convicted, Alberto B. Lopez

Articles

No abstract provided.

Self-Disclosure, Clara E. Hill, Sarah Knox

College of Education Faculty Research and Publications

A review of the analog literature about therapist self-disclosure suggests that nonclients generally have positive perceptions of therapist self-disclosures. A review of the naturalistic psychotherapy literature indicates that therapist self-disclosure occurs infrequently, is used more often by humanistic-experiential than psychoanalytic therapists, is most often about professional background than about intimate personal details, is used for many different reasons, is used cautiously by therapists, and is helpful in the immediate process of therapy. Effects of therapist self-disclosure on the ultimate outcome of therapy are less clear. Limitations of the research (poor and inconsistent definitions and lack of a clinically appropriate methodology …

Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter

Faculty Journal Articles and Book Chapters

This essay attempts to reclaim the freedom of expressive association from both its harshest critics and its most ardent libertarian cheerleaders, arguing that The Boy Scouts of America v. Dale will not have the revolutionary consequences either camp predicts.

Part I sketches the significance of the freedom of association to the protection of dissenting opinion, with an emphasis on gay experience.

Part II notes the increasing conflict between the freedom of expressive association and the expanding reach of antidiscrimination law. The challenge is to draw a line between them that will preserve a large realm for group expression and organization …

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Faculty Journal Articles and Book Chapters

In his argument for an alternative conservative response to Romer v. Evans, the author outlines the majority and dissenting opinions in Evans to identify what he takes to be the decision's import. Next, he outlines some of the main themes of conservative political and legal thought, concentrating especially on Edmund Burke. He then argues the common conception of Burke as an intransigent defender of the status quo and of present traditions and practices is a misreading of him. Finally, he discusses the conservative underpinnings for Evans in light of this intellectual history, with an emphasis on the profoundly conservative instincts …

Insider Trading, Selective Disclosure And Prompt Disclosure: A Comparative Analysis, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This article focuses on regulation of insider trading and company affirmative disclosure in developed securities markets. First, the U.S. regime is discussed. Thereafter, the securities laws of selected developed markets are addressed in order to provide contrasts to the U.S. approach. Last, the article focuses on a number of significant issues that merit exploration.