Digital Commons Network^™

Subconstitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

In this brief Comment I make two points. First, the subconstitutional doctrines appear to have the advantage of allowing elected lawmakers to pursue whatever course they wish, as long as they satisfy the requirements of these subconstitutional doctrines. In practice, however, what appears to be a provisional invalidation based on subconstitutional law turns out to be - and, indeed, might be expected at the moment of decision to be - a final, unrevisable decision. Further, courts might strategically deploy these sub constitutional doctrines to avoid the sting of the charge that they are foreclosing legislative choice while effectively doing so. …

Rights, Capabilities, And The Good Society, Robin West

Georgetown Law Faculty Publications and Other Works

In Part I this essay explores and then criticizes the two major arguments behind the conventional wisdom that rights undermine efforts to secure a state role in ensuring the material preconditions for a good society, and therefore, the material preconditions for the development of those human capabilities essential to a fully human life. I conclude in this part that this understanding of rights is mistaken. In Part II, I urge that the pragmatic argument put forward by rights critics and some welfare advocates for forgoing rights-talk and rights-rhetoric also fails: there are very real costs, both in theory and in …

Defending Congress, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

Every year the Solicitor General must decide, one case at a time, what the interests of the United States are with respect to several thousand different cases in the federal and state courts. Should the United States appeal, or seek rehearing, or petition for certiorari, or file a brief amicus curiae, or intervene? What issues should the United States raise, and what arguments should it make? How should the law be interpreted or the doctrine applied? The goal is for the United States to speak with one voice - a voice that reflects the interests of all three branches of …

In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

It is natural - I suppose it is expected - for every Solicitor General to hold forth at some point during his tenure with pearls of wisdom on the Twelve Secrets, or Ten Commandments, or Five Essential Rules of effective oral advocacy. I have always been reluctant to do that . . . reluctantly, after years of resistance, I too will unburden myself of a few principles. First, though, I would like to reach back in history for some inspiration by reflecting a bit on Daniel Webster.

"Parabola And Parable" In The Zone Of Thomas Pynchon's Gravity's Rainbow, Brian D. Zindel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Effects Of Intensive Salvage Logging On Rocky Mountain Elk At The Starkey Experimental Forest And Range, Jennifer Morgan Rinehart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Absent American Indian Treaties: A Guide To Treaties Never Referenced At The Federal Court Level, Charles D. Bernholz

University of Nebraska-Lincoln Libraries: Faculty Publications

No abstract provided.

Exploration Characterization And Analysis Of An Economically Viable Brick-Clay Deposit In Montana, Geoffrey E. Gilbert

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …

U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez

Scholarly Articles

This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …

Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles

A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core …

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

The Effects Of Individual Factors On Punitive Attitudes Toward Juvenile Offenders, Jennifer Keely Mac Connell

Dissertations and Theses @ UNI

The purpose of the present study was to examine the relationship between individual factors and punitive attitudes toward juvenile offenders. The individual factors examined were attributional style, authoritarianism, anxiety, self-esteem, the Five-Factor model of personality, and gender. It was hypothesized that possessing a punitive attributional style, maintaining authoritarian beliefs, and being male would predict punitive attitudes toward adolescent offenders. I also examined the effects of age of the offender and severity of the crime on attributions and punishment decisions. College students (N = 185) at a Midwestern university completed questionnaire packets in partial fulfillment of their introductory psychology course requirements. …

A Contrastive Cross-Cultural Study Of The Speech Act Of Correction In Egyptian Arabic And American English, Nadir Anis

Dissertations and Theses @ UNI

The present study is an empirical cross-cultural investigation of the speech act of correction in Egyptian Arabic and American English. The purpose of the study is to examine how and why Egyptians and U.S. Americans modify the illocutionary force of their corrections in terms of mitigation and aggravation in different speech situations. A Discourse Completion Task/Test (OCT) was used to elicit corrections from 30 Arabic-speaking Egyptians and 30 English-speaking U.S. Americans. All the respondents were either university students or university graduates between the ages of 18 and 35. The six situations used to elicit corrections represented different settings (e.g., classroom, …

As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner

Scholarly Articles

This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …

May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer

Scholarly Articles

The Communications Decency Act, the government's previous attempt to protect minors from online pornography, was struck down in 1997 on the grounds that it required Internet content to be judged by the standards of the community most likely to be offended by it. Now the Court has agreed to review the constitutionality of the new Child Online Protection Act, which seeks to address the Court's free-speech concerns by regulating Web communications in a manner similar to existing laws restricting minors' access to print pornography.

The Business Of Running A Law School, John H. Garvey

Scholarly Articles

I confess that as a faculty member I gave little thought to the business of running a law school. Deans do not have that luxury. Someone has to pay attention to things like the budget, payroll, physical plant, purchasing, admissions, career services, and (most important of all) the kind and quality of service that we provide to students in the classroom. Stated abstractly, we are a nonprofit business that provides a service to about 800 customers each year, and we, like all businesses, have to balance our books. From a business point of view the most interesting challenge we face …

Misattribution In Legal Scholarship: Plagiarism, Ghostwriting, And Authorship, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Confession, Coercion, Procedural Error And The Juror, Kimberly Anne Jenkins Coffman

UNF Graduate Theses and Dissertations

The current research examined whether mock jurors make differential assessments of guilt of defendants based on inclusion or exclusion of confession evidence and type of coercion to determine if jurors' behavioral reactions to confession evidence could be predicted. Hypotheses addressed effects of various factors on jurors' decisions of verdicts regarding defendants' guilt or innocence and their certainty of these verdicts: inclusion of confession evidence, type of coercion used in obtaining confessions, admissible or inadmissible presentation of confession evidence, and influence of potential predictor variables. Predictor variables assessed included participants' Belief in a Just World, Spheres of Control, New Authoritarianism, and …

The Rejection Of The Manege Tradition In Early Modern England: "Equestrian Elegance At Odds With English Sporting Tradition", Elizabeth Pope Simmons

UNF Graduate Theses and Dissertations

Renaissance creativity and obsession with classical traditions spawned a new form of horsemanship called the manege in sixteenth-century Europe. This study deals with England's rejection of the courtly horsemanship despite the dismal state of the nation's equestrian affairs. Tudor and Stuart monarchs utilized royal influence to attempt change - from legislative refmms to the horses - but no specific monarchical effort proved immediately effective. The significance of royal influence is seen in the continued importation of quality stock and in royal support for equestrian-related sports. Both enriched equine bloodlines and promoted the development of sporting tradition in England. While, with …

A Study Of Influences And Life Choices: African American Males From An Urban Pre-Trial Detention Center And The Navy, Patrick O'Neal Arnwine

UNF Graduate Theses and Dissertations

This study was designed to explore the influences, experiences, and disparate life choices of eight African American males from the Jacksonville's Pre-trial Detention Center and the U.S. Navy. The focus of this project was on the choices made by the participants and possible reasons for those choices. Specifically, the research question for this study is "How do some African American males from Jacksonville's Pre-trial Detention Center and the Navy describe their life experiences and the influences of these experiences on their choices?''

The framework for this project was a cross-case and cross-site study. The sites were the Jacksonville Pre-trial Detention …

The Effectiveness Of Experiential Education In Executive Development, Marlene Handley Rodenbaugh

Harold L. Hodgkinson Award for Outstanding Dissertation

This study explored the effectiveness of the Tavistock model, an experiential learning approach, in mobilizing change in the perception of authority relations of business executives as they interacted in a group relations event. A secondary goal was to test perceptions about this model as an effective executive development program. Results of prior studies on experiential learning outcomes are inconsistent, and few demonstrate that results match learning goals. This exploratory study used both quantitative and qualitative methods: Q-methodology and a questionnaire augmented by personal interviews, respectively. The results were triangulated in operationalizating the Kirkpatrick model, a widely accepted evaluation method for …

The Woman Behind The Camera: An Auteur Study Of The Films Of Dorothy Arzner, Jami Nicole Cope

Dissertations and Theses @ UNI

Dorothy Arzner was the first woman to join the Director's Guild of America and one of the only directors to amass a catalog of eighteen films. Despite the respect she managed to win in Hollywood during the 1930s and 1940s, a stylistic auteur study has never been completed of many of her films. In this thesis, I review seven of Arzner' s films to uncover her stylistic sense of direction and editing to define her status as an auteur. The opening chapter provides background information regarding Arzner' s life and a working definition of the film term "auteur." In this …

Emerging Trends In Religious Liberty, Robert A. Destro

Scholarly Articles

From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.

The Peculiar Case Of State V. Terry Lynn Nichols: Are Television Cameras Really Banned From Oklahoma Criminal Proceedings?, Robert D. Nelon

Vanderbilt Journal of Entertainment & Technology Law

The truck bomb ripped into A.P. Murrah Federal Building on April 19, 1995, at 9:02 a.m. One hundred sixty-eight men, women, and children died. None knew Timothy McVeigh or Terry Lynn Nichols, nor did McVeigh and Nichols know them. In fact, Nichols was not even in Oklahoma City when the bombing occurred. He is now--occupying a special cell in the Oklahoma County Jail, awaiting trial on state charges of murder, conspiracy to commit murder, and aiding in placing a bomb near a public building.

Nichols' trip to Oklahoma City was circuitous. Initially, separate federal proceedings against McVeigh and Nichols were …

The Price Of Fame: The Celebrity Image As A Commodity And The Right Of Publicity, Ty Ford

Vanderbilt Journal of Entertainment & Technology Law

This Note will examine several recent cases that illustrate how major stars are using the ever-widening scope of such doctrines to control their images in the media. These examples show how the right of publicity has evolved from a right designed to protect a performer's uniquely personal attributes and stylings from unauthorized (and unpaid for) exploitation into a legal fortress constructed around movie-star images that allows the star to separate unwanted attention from necessary popularity. Furthermore, it will explore the inherent contradictions in such a development, showing how it can be used to manipulate and control the very peripheral industries, …

Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …

Why Traditional Insurance Policies Are Not Enough: The Nature Of Potential E-Commerce Losses & Liabilities, Anna Lee

Vanderbilt Journal of Entertainment & Technology Law

There are two general categories of insurance policies: first-party policies and third-party/liability policies. First-party polices provide benefits directly to policyholders for losses suffered by the policyholders. For example, fire damage to the policyholder's plant or financial loss resulting from the interruption of the policyholder's business would be covered under the first-party insurance. Generally, these first-party losses are covered under policies such as "all risk," "named peril," "business interruption," or "expense to reduce loss" coverages. Among these various types of first-party policies, "all risk" insurance policies provide the broadest coverages.

Third-party or liability policies provide protection for claims against the policyholder …

Flag On The Play: 25 To Life For The Offense Of Murder, Sean Bukowski

Vanderbilt Journal of Entertainment & Technology Law

This Note will consider the extent to which the "professional athletic" community should add its own sanctions to those imposed by public law. First, it asks whether athletes are getting into more trouble than in the past, as it is possible that athletes are just following a trend of society, and thus are no more prone to violence than anyone else. Nevertheless, violent crime, especially that committed by role models like athletes, is especially damaging to society. Therefore, the Note then addresses why the sports leagues should care whether their athletes are committing such offenses.

It will then examine how …