Digital Commons Network^™

Constitutional Law: United States V. Morrison: The Gender Motivated Violence Act Takes A Beating By The Supreme Court's New Commerce Clause Jurisprudence, Jodi Fowler Jayne

Oklahoma Law Review

No abstract provided.

The Free Exercise Clause: How Redundant, And Why?, Daniel O. Conkle

Articles by Maurer Faculty

This article responds to Professor Mark Tushnet's article, "The Redundant Free Exercise Clause?" Although its analysis and specific conclusions are distinctive, the article reaches a general conclusion similar to Tushnet's - namely, that the contemporary Free Exercise Clause is largely redundant, in that it provides little protection that is not afforded independently by other First Amendment doctrines. The article first contends that the core principle of the contemporary Free Exercise Clause, the nondiscrimination requirement of Employment Division v. Smith, might be subsumed, perhaps entirely, within the free speech principle that disfavors content discrimination. To that extent, the Free Exercise Clause …

Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Mapp Goes Abroad, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.

Publicly Financed Judicial Elections: An Overview, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Empirical Tests Of The Fundamental-Value Hypothesis In Land Markets, Angeline M. Lavin, Thomas S. Zorn

Department of Finance: Faculty Publications

The land-price boom of the 1970s followed by the bust of the 1980s generated considerable interest in the determination of land prices and the study of whether those prices reflect fundamental value. In this article, three techniques are used to examine the fundamental- value hypothesis in Iowa and Nebraska agricultural land markets. Duration dependence tests indicate that land markets are not affected by rational expectations bubbles. Conversely, Markov chain and time-reversibility tests suggest that land prices depart from fundamental value due to the existence of nonrandom price changes and asymmetric land price patterns. The results of this research should be …

Theory, Application And The Canon: The Case Of Mill And Jevons, Sandra J. Peart

Jepson School of Leadership Studies articles, book chapters and other publications

Whatever disputes remain about the nature and content of the "canon" of economics, it is widely accepted that the boundary of economic science was narrowed throughout the nineteenth century (Winch 1972). This chapter offers a partial explanation for that narrowing in the methodological developments that occurred during the second half of the century. For reasons of practicality in the face of pronounced "multiplicity of cause," John Stuart Mill called, In his 1836 Essay On the Definition of Political Economy; and on the Method of Investigation Proper to It, and again in his 1843 Logic, for a separate …

The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

"The federal-Indian relationship is like no other in the world. Indian tribes are denominated 'domestic-dependent nations' but their practical relationship with the United States 'resembles that of a ward to his guardian.' Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet they have little real self-government and seem to be forever mired in a state of political and economic pupilage."

This fifteen-year-old statement from Vine Deloria, Jr., the preeminent Indian political and legal scholar, still accurately reflects the convoluted nature of indigenous political, legal, and economic statuses in the …

Clinton's Legacy On Indigenous Issues, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The president, of course, has not express constitutional responsibility for Indian nations—that is a power reserved to the Congress under the commerce clause. Nevertheless, it is to the president, dating back to George Washington, who had an active hand in Indian affairs through the treaty process, that tribal nations and their leaders have most often looked to gauge the federal government's character and commitment to fulfill the nation's historic treaty and ongoing trust obligations to indigenous people.

Judicial Terror Confronts Indian Nations, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

As the Bush Administration broadens its constitutionally problematic assault on real and alleged terrorists, both home and abroad, endangering the very rights and liberties it accused Osama bin Laden of savagely attacking, the judicial branch of the government, occupied by a majority of conservative justices, is doing its part to shatter the sovereign rights and economic liberties of indigenous nations.

Wyclif And Lollardy, Stephen E. Lahey

Department of Classics and Religious Studies: Faculty Publications

John Wyclif’s place in the history of Christian ideas varies according to the historian’s interest. As scholastic theology, Wyclif’s thought appears an heretical epilogue to the glories of the systematic innovations of the thirteenth century. Historians of the Protestantism, on the other hand, characterize him as a pioneer, the “Morning Star of the Reformation,” acknowledging his theology and the Lollard and Hussite movements associated with it as forerunners of sixteenth-century change. It has been difficult to understand Wyclif as a man of his age because the late fourteenth century itself is easily viewed as a period of transition from “Late …

Combining Ordering Heuristics And Bundling Techniques For Solving Finite Constraint Satisfaction Problems, Amy Beckwith, Berthe Y. Choueiry

School of Computing: Technical Reports

We investigate techniques to enhance the performance of backtrack search procedure with forward-checking (FC-BT) for finding all solutions to a finite Constraint Satisfaction Problem (CSP). We consider ordering heuristics for variables and/or values and bundling techniques based on the computation of interchangeability. While the former methods allow us to traverse the search space more effectively, the latter allow us to reduce it size. We design and compare strategies that combine static and dynamic versions of these two approaches. We show empirically the utility of dynamic variable ordering combined with dynamic bundling in both random problems and puzzles.

The Impact Of Software Evolution On Code Coverage Information, Sebastian Elbaum, David Gable, Gregg Rothermel

School of Computing: Conference and Workshop Papers

Many tools and techniques for addressing software maintenance problems rely on code coverage information. Often, this coverage information is gathered for a specific version of a software system, and then used to perform analyses on subsequent versions of that system without being recalculated. As a software system evolves, however, modifications to the software alter the software’s behavior on particular inputs, and code coverage information gathered on earlier versions of a program may not accurately reflect the coverage that would be obtained on later versions. This discrepancy may affect the success of analyses dependent on code coverage information. Despite the importance …

Facies Architecture Of The Crp-3 Drillhole, Victoria Land Basin, Antarctica, Christopher R. Fielding, T. R. Naish, K. J. Woolfe

Department of Earth and Atmospheric Sciences: Faculty Publications

The Cenozoic Victoria Land Basin (VLB) stratigraphic section penetrated by CRP-3 is mostly of Early Oligocene age. It contains an array of lithofacies comprising fine-grained mudrocks, interlaminated and interbedded mudrocks/sandstones, mud-rich and mud-poor sandstones, conglomerates and diamctites that are together interpreted as the products of shallow marine to possibly non-marine environments of deposition, affected by the periodic advance and retreat of tidewater glaciers. This lithofacies assemblage can be readily rationalised using the facies scheme designed originally for CRP-2/2A, and published previously. The uppermost 330 metres below sea floor (mbsf) shows a cyclical arrangement of lithofacies also similar to that recognised …

Ancestral Divergence, Genome Diversification, And Phylogeographic Variation In Subpopulations Of Sorbitol-Negative, Β-Glucuronidase- Negative Enterohemorrhagic Escherichia Coli O157, Jaehyoung Kim, Joseph Nietfeldt, Jingliang Ju, John Wise, Narelle Fegan, Patricia Desmarchelier, Andrew K. Benson

Department of Food Science and Technology: Faculty Publications

The O157:H7 lineage of enterohemorrhagic Escherichia coli is a geographically disseminated complex of highly related genotypes that share common ancestry. The common clone that is found worldwide carries several markers of events in its evolution, including markers for acquisition of virulence genes and loss of physiological characteristics, such as sorbitol fermentation ability and β-glucuronidase production. Populations of variants that are distinct with respect to motility and the sorbitol and β-glucuronidase markers appear to have diverged at several points along the inferred evolutionary pathway. In addition to these variants, distinct subpopulations of the contemporary non-sorbitol-fermenting, β-glucuronidase-negative O157:H7 clone were recently detected …

The Enforcibility Of Fixed-Term Employment Contracts That Conflict With Corporate Bylaws, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.

Erisa: The Savings Clause, § 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan

Faculty Articles

No abstract provided.

Bare Naked Value Choice, Harry F. Tepker

Faculty Articles

No abstract provided.

In Defense Of Representative Democracy: A Reply To Erwin Chemerinsky, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

Japanese Corporate Governance At A Crossroads: Variation In Varieties Of Capitalism, Luke Nottage

North Carolina Journal of International Law

No abstract provided.

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder

Articles by Maurer Faculty

This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …

Certain Legal Questions Raised By The Septermber 11th Attacks, Robert K. Goldman

Human Rights Brief

No abstract provided.

The Application Of Universal Human Rights Law To People With Mental Disabilities, Debra Benko, Brittany Benowitz

Human Rights Brief

No abstract provided.

The Optional Protocols To The Un Convention On The Rights Of The Child On Sex Trafficking And Child Soldiers, Cris R. Revaz

Human Rights Brief

No abstract provided.

Center Faculty/Staff News, Human Rights Brief

Human Rights Brief

No abstract provided.

Male Rape In U.S. Prisons: Cruel And Unusual Punishment, Shara Abraham

Human Rights Brief

No abstract provided.

China's Crackdown On Falun Gong, Erin Chlopak

Human Rights Brief

No abstract provided.

The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz

Human Rights Brief

No abstract provided.