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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, …

Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White

Publications

No abstract provided.

The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein

Publications

This article analyzes the Supreme Court's decision to decide only one federal securities law case, The Wharf (Holdings) Ltd. v. United International Holdings, Inc. On the face of it, the Court simply affirmed long-standing, uncontroversial tenets of Rule 10b-5. However, the article provides different explanations to the Court's decision.

Catalog Denison University 2001-2002

Denison University Catalogs

Denison University Course Catalog 2001-2002

Alden V. Maine: Infusing Tenth Amendment And General Federalism Principles Into Eleventh Amendment Jurisprudence, John Allota

Case Western Reserve Law Review

No abstract provided.

Unconstitutional Land Development Conditions And The Development Agreement Solution: Bargaining For Public Facilities After Nollan And Dolan, David L. Callies, Julie A. Tappendorf

Case Western Reserve Law Review

No abstract provided.

Robert Pitofsky: Public Servant And Scholar, Timothy J. Muris

Case Western Reserve Law Review

No abstract provided.

Symposium On The Fortieth Anniversary Of Mapp V. Ohio - Foreword, Lewis R. Katz

Case Western Reserve Law Review

No abstract provided.

Identification Of A Defensin From The Hemolymph Of The American Dog Tick, Dermacentor Variabilis, Robert Johns, Daniel E. Sonenshine, Wayne L. Hynes

Biological Sciences Faculty Publications

Hemolymph from partially fed virgin Dermacentor variabilis females was collected following Borrelia burgdorferi challenge and assayed for antimicrobial activity against Bacillus subtilis and B. burgdorferi. A small inducible cationic peptide was identified by SDS-PAGE in the hemolymph of these ticks as early as 1h post challenge. Following purification by a three-step procedure involving sequential SepPak elution, reversed phase high performance liquid chromatography (RP-HPLC) and gel electrophoresis, the yield of the active peptide was approximately 0.1% of the total protein in the hemolymph plasma. The molecular weight, 4.2kDa, was determined by MALDI-TOF mass spectrometry. N-terminal sequencing by the Edman degradation …

Religiosity And Delinquency: A Test Of The Religious Ecology Hypothesis, S. Cory Harmon

Theses and Dissertations

Research testing the relationship between adolescent religiosity and delinquent behavior is inconclusive. Some studies show a significant negative relationship while others indicate no relationship. Stark (1996) asserts that the relationship between religiosity and delinquency is a function of community religiosity as opposed to personal religiosity. Thus, in areas of high religiosity, there will be a strong relationship, while areas of low religiosity will show no relationship. This study looks at the relationship between religiosity and delinquency of LDS youth in four different religious ecologies: Utah County (high religious ecology), the East coast (moderate religious ecology), the Pacific Northwest (low religious …

Networking Strategy Of Boards: Correlates, Performance Effects, And Implications For Small And Medium-Sized Enterprises, Gerard George, D. Robley Wood, Raihan Khan

Research Collection Lee Kong Chian School Of Business

Development of linkages with the external environment, e.g. interlocks, is a mechanism to access scarce resources. Creating and maintaining these linkages may be an organizational capability that creates a competitive advantage for small and medium-sized enterprises (SMEs). A partial model of networking strategy is proposed, which includes measures of board composition, interlocks, entrepreneurial orientation and environmental hostility. Analysis of 70 community bank Chief Executive Officer (CEO) responses (58% response rate) lends support to the proposition that firms with a networking strategy performed better (higher return on assets (ROA) and higher return on expenditure (ROE)) than those firms that did not …

When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Information And Communication Technology And Poverty: An Asian Perspective, M. G. Quibria, Feichin, Ted Tschang

Research Collection Lee Kong Chian School Of Business

Many commentators have extolled the virtues of new information and communication technologies (ICTs) in reducing poverty and improving the quality of life. While such arguments have been used before in relation to many predecessor technologies, including other earlier communications technologies, the promise has often floundered. This paper attempts to provide a more balanced analysis of the question, by exploring the linkages between the new ICTs and poverty reduction. It examines the linkages in two ways: the potential for direct impacts of ICTs on various areas of poverty and development, and the indirect impacts of ICTs on economic growth, exports and …

Welfare, Children And Families: The Impact Of Welfare Reform In The New Economy, Georgetown University Law Center

Philip A. Hart Memorial Lecture

In 2001, University Professor, William Julius Wilson of Harvard University, delivered the Georgetown Law Center’s twenty-first Annual Philip A. Hart Memorial Lecture: "Welfare, Children and Families: The Impact of Welfare Reform in the New Economy."

William Julius Wilson is Lewis P. and Linda L. Geyser University Professor at Harvard University. He is one of only 20 University Professors, the highest professional distinction for a Harvard faculty member. After receiving the Ph.D. from Washington State University in 1966, Wilson taught sociology at the University of Massachusetts at Amherst, before joining the University of Chicago faculty in 1972. In 1990 he was …

The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges

Law Faculty Publications

During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …

Fatal Attraction? The Uneasy Courtship Of Brady And Plea Bargaining, John G. Douglass

Law Faculty Publications

Part I of this Article discusses the natural attraction between Brady-a rule requiring disclosure of evidence favorable to a defendant-and plea bargaining-a practice where such information is at a premium for defendants. Part II describes how an increasing number of courts have adapted Brady to fit in the world of a plea bargain, in the process changing Brady's point of reference from the jury's verdict to the defendant's tactical decision to plead guilty. Part ill argues that this change in focus narrows Brady's substantive coverage and renders the rule practically unenforceable following most guilty pleas. Part IV then assesses the …

The Bush Administration And Appeals Courts Nominees, Carl W. Tobias

Law Faculty Publications

On May 9, President George H.W. Bush announced his first set of nominees for the United States Courts of Appeals. With a White House ceremony which chief executives traditionally reserve for United States Supreme Court designees, the president introduced eleven individuals whom he proposed for vacancies on the federal intermediate appellate courts. Submitting a package of appeals court nominees might seem to be a relatively mundane exercise. However, the developments that led to Bush's recommendations, the staging of this event, and the candidates tendered actually reveal much about contemporary judicial selection, which is a critical feature of constitutional governance. For …

Group Invariant Solutions In Mathematical Physics And Differential Geometry, Ian M. Anderson, Mark E. Fels, Charles G. Torre

All Physics Faculty Publications

This is a brief overview of our work on the theory of group invariant solutions to differential equations. The motivations and applications of this work stem from problems in differential geometry and relativistic field theory. The key feature in our theory is that we allow for non-transverse symmetry group actions, which are very common in applications.

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Law Faculty Scholarship

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …

Cultivating Partnerships/Realizing Diversity, Janice Simmons-Welburn, William C. Welburn

Library Faculty Research and Publications

Academic librarians should not only seek methods for continuous learning about an increasingly diverse college student body, they are encouraged to pursue partnerships with campus agencies that work directly with students, especially those charged with building a diverse community of students. The authors present two examples to illustrate strategies-in-action.

The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash

Law Faculty Publications

The paper traces the dramatic jurisprudential innovations of the New Deal Revolution, including the articulation of incorporation theory, the abandonment of judicial construction of state common law, and the ascension of textual originalism as the Court's method of constitutional interpretation. I argue that the New Deal Court transcended the political goals of the Roosevelt administration and attempted to restructure the nature of legitimate judicial review in a post-Lochner world. Acting, in effect, as a constitutional convention, the Court not only changed the nature of judicial review, it altered the shape of the Constitution in ways that cut across modern political …

Nasa Light Emitting Diode Medical Applications From Deep Space To Deep Sea, Harry T. Whelan, Ellen V. Buchmann, Noel T. Whelan, Scott G. Turner, Vita Cevenini, Helen Stinson, Ron Ignatius, Todd Martin, Joan Cwiklinski, Glenn A. Meyer, Brian D. Hodgson, Lisa J. Gould, Mary P. Kane, Gina Chen, James Caviness

School of Dentistry Faculty Research and Publications

This work is supported and managed through the NASA Marshall Space Flight Center-SBIR Program. LED-technology developed for NASA plant growth experiments in space shows promise for delivering light deep into tissues of the body to promote wound healing and human tissue growth. We present the results of LED-treatment of cells grown in culture and the effects of LEDs on patients’ chronic and acute wounds. LED-technology is also biologically optimal for photodynamic therapy of cancer and we discuss our successes using LEDs in conjunction with light-activated chemotherapeutic drugs.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 9, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

The Contract Formation Sections Of The Proposed Revisions To U.C.C. Article 2, John D. Wladis

SMU Law Review

No abstract provided.

Criminal Procedure: Confession, Search And Seizure, Mike Keasler

SMU Law Review

No abstract provided.

Wingo Dedication, Ann Thomas

SMU Law Review

No abstract provided.

Foreword: Juries Rule, John B. Attanasio

SMU Law Review

No abstract provided.

Review Of Women’S Gothic: From Clara Reeve To Mary Shelley By Emma J. Clery, Diane L. Hoeveler

English Faculty Research and Publications

No abstract provided.

Cleaner Production Among Multinational Corporations In Southeast Asia, Nguyen Phan Duy Nguyen

Theses

Cleaner Production (CP) represents the change from a conventional end-of-pipe treatment attitude to a proactive approach to pollution prevention and increased production efficiency. CP has been successfully implemented in developing countries, including the countries of the Association of Southeast Asia Nations (ASEAN). ASEAN is becoming an economic development center in Asia, attracting a large amount of foreign direct investments from multinational corporations during the last two decades. However, success in economic development has been accompanied by environmental problems. Understanding the level of CP practices among ASEAN's multinational corporations (MNCs) and National Cleaner Production Centers/Cleaner Production (NCPCs/CP) organizations is important to …