Digital Commons Network^™

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are …

The Competency Conundrum: Problems Courts Have Faced In Applying Different Standards For Competency To Be Executed, John L. Farringer, Iv

Vanderbilt Law Review

Throughout Anglo-American legal history, there has been a general agreement, based on numerous rationales, that mentally incompetent inmates should not be executed for their crimes. The recurring problem, however, is how to define "incompetence" or "insanity." Legislatures and courts have sought to provide a common- sense definition, but in practice judges must confront highly technical terminology from the ever evolving field of psychiatry. Additionally, the definition must be flexible enough to apply to a variety of cases, while being universal enough to assure that all defendants are treated fairly and equally.

At hearings to determine a prisoner's competency to be …

Il-1 Induces Collagenase-3 (Mmp-13) Promoter Activity In Stably Transfected Chondrocytic Cells: Requirement For Runx-2 And Activation By P38 Mapk And Jnk Pathways, John A. Mengshol, Matthew P. Vincenti, Constance E. Brinckerhoff

Dartmouth Scholarship

Osteoarthritic chondrocytes secrete matrix metalloproteinase-13 (MMP-13) in response to interleukin-1 (IL-1), causing digestion of type II collagen in cartilage. Using chondrocytic cells, we previously determined that IL-1 induced a strong MMP-13 transcriptional response that requires p38 MAPK, JNK and the transcription factor NF-κB. Now, we have studied the tissue-specific transcriptional regulation of MMP-13. Constitutive expression of the transcription factor Runx-2 correlated with the ability of a cell type to express MMP-13 and was required for IL-1 induction; moreover, Runx-2 enhanced IL-1 induction of MMP-13 transcription by synergizing with the p38 MAPK signaling pathway. Transiently transfected MMP-13 promoters were not IL-1 …

Faculty Senate Monthly Packet November 2001, Portland State University Faculty Senate

Faculty Senate Monthly Packets

The November 2001 Monthly packet includes the November agenda and appendices and the Faculty Senate minutes and attachments from the meeting held October 2001.

A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan

Michigan Law Review

Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the …

A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis

Michigan Law Review

When hunted, the ostrich is said to run a certain distance and then thrust its head into the sand, thinking, because it cannot see, that it cannot be seen by the hunters. Legal parlance therefore refers to the "ostrich instruction," used when a defendant acts with the awareness of a high probability of the existence of an incriminating fact, but remains deliberately ignorant as to whether the fact actually exists, hoping his ignorance will maintain his innocence. The defendant is like the ostrich - he thinks that if he does not actually see the facts, even though he knows they …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The Limits Of Localism, Richard C. Schragger

Michigan Law Review

In Chicago v. Morales, the Supreme Court struck down Chicago's Gang Congregation Ordinance, which barred "criminal street gang members from loitering with one another or with other persons in any public place." The stated purpose of the ordinance was to wrest control of public areas from gang members who, simply by their presence, intimidated the public and established control over identifiable areas of the city, namely certain inner-city streets, sidewalks, and corners. The ordinance required that police officers determine whether at least one of two or more persons present in a public place were members of a criminal street gang …

A Round Trip Time And Timeout Aware Traffic Conditioner For Differentiated Services Networks, Ahsan Habib, Bharat Bhargava, Sonia Fahmy

Department of Computer Science Technical Reports

No abstract provided.

The Power Of Congress "Without Limitation": The Property Clause And Federal Regulation Of Private Property, Peter A. Appel

Scholarly Works

Congress has overlooked a powerful tool for regulating within state jurisdictions: the Property Clause of the United States Constitution. The United States Government owns land in every state and approximately thirty percent of the total land in the United States. The federal government's authority to regulate its property within states derives from the Property Clause and has been described by the Supreme Court as "without limitation."

Professor Appel traces the historical development of the Constitution's Property Clause, from its pre-constitutional origins through modern Supreme Court decisions and academic conceptions. Professor Appel compares the narrow view of Property Clause scholarship - …

Factors Related To Resilience Abilities And Self-Care Practices In Adolescents, Sandra L. Solem Phd, Msn, Rn

Dissertations

Identification of resilience factors in adolescents is necessary to promote health and decrease the incidence of negative health outcomes related to risk-behaviors in this age group. The purpose of this descriptive-correlational research was twofold: (1) to investigate the inter-relationships of perceived health status, perceived self-efficacy, resilience abilities, self-care agency and self-care practices in adolescents and (2) to evaluate a revised measure, The Solem Adolescent Resilience Abilities Scale (SARAS-R). Orem's self-care theory was used as the theoretical framework for this study. The convenience sample of 100 adolescents from San Diego county in southern California were recruited through health professionals and secondary …

Richmond Music Journal (2001-11)

Richmond Music Journal

No abstract provided.

On The Mechanisms Of Internalization And Intracellular Delivery Mediated By Ph-Sensitive Liposomes, Sérgio Simões, Vladimir Slepushkin, Nejat Düzgüneş, Maria C. Pedroso De Lima

All Dugoni School of Dentistry Faculty Articles

We investigated the molecular mechanisms by which pH-sensitive liposomes surpass the cytoplasmic and endosomal membranes to deliver their aqueous contents into the cytoplasm. Various liposome formulations were evaluated for their efficacy to mediate intracellular delivery of encapsulated material, including a novel sterically stabilized pH-sensitive formulation ((DOPE:CHEMS:DSPE-PEG2000 (6:4:0.3)) that was previously developed in our laboratories. In an attempt to fully characterize the nature of liposome-cell interactions different approaches based on a dual-labeling fluorescence assay were used. Our results indicate that the efficacy of interaction of pH-sensitive liposomes, both plain and sterically stabilized, with cells is strongly determined by the inclusion of …

The Colby Echo (2001-11-01), Colby College

The Colby Echo

Published by the students of Colby College since 1877, The Colby Echo is the weekly, editorially independent student-run newspaper of Colby College in Waterville, Maine. Published monthly, 1877-1886; semi-monthly, 1886-1897; and weekly, during the academic year, 1898-present.

Chinese Information Warfare: A Phantom Menace Or Emerging Threat?, Toshi Yoshihara Mr.

Books, Monographs & Collaborative Studies

The author explores what he perceives to be China s pursuit of information warfare (IW) as a method of fighting asymmetric warfare against the United States. He believes the Chinese are seeking ways to adapt IW to their own style of warfare. Paradoxically, he observes that the Chinese have not gleaned their intelligence through espionage, but through careful scrutiny of U.S. IW in practice. The author examines those aspects of IW--PSYOPS, Denial, and Deception--that China believes provides the greatest prospects for victory in a conflict. Not surprisingly, Sun Tzu is interwoven into this emerging theory. Targeting the enemy s nervous …

Gynecology And Obstetrical Conditions Requiring Intensive Care Admission, Abdulwahab S. Al-Jabari, Abdulaziz A. Al-Meshari, Mohamad S. Takrouri, Mohamad A. Seraj

Saudi Medical Journal

OBJECTIVE: Gynecological admissions to the surgical intensive care unit vary from the obstetrical cases. Pregnant women are of prime age and can tolerate the pregnancy and delivery well. There are certain rare conditions or complications, which make the pregnant women9s life pass through a critical time. These are dealt with in a high dependency area, which is short of the intensive care unit. In King Khalid University Hospital there is no such arrangement, so the mildly affected and critically ill patients together are cared for in the surgical intensive care unit. The objective of this study is to study the …

Frequency Of Abo Blood Groups In The Eastern Region Of Saudi Arabia, Layla A. Bashwari, Abdul A. Al-Mulhim, Malik S. Ahmad, Mirghani A. Ahmed

Saudi Medical Journal

OBJECTIVE: To document the frequency of the ABO and Rhesus blood groups in Saudi male donors, and to compare our results with the results of other studies in the Kingdom and elsewhere. METHODS: This study included a total of 57396 male potential blood donors; 19496 blood donors between the years 1985-1989 (referred to as first period of study) and 37700 blood donors between the years 1995-1999 (2nd period). The blood donors were Saudis, coming to donate blood for various reasons to the Blood Bank Department of King Fahd Hospital of the University, Al-Khobar, Kingdom of Saudi Arabia. ABO and Rhesus …

Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …

The Role Of Small And Medium Enterprises In The Economy Of Slovakia, Jaroslav Kling

Student Work

The aim of this paper is to analyze the role of small and medium enterprises in the economy of Slovakia. The changes of 1989 brought about the changes of society and economy as well. In the period of transformation of the Slovak economy, small and medium enterprises have been often considered to be a critical element of economic revival. The study answers to what extent this expectation has been met. Legal and institutional frameworks of the small and medium enterprises development are analyzed. Popular attitudes toward entrepreneurs, views and opinions of the key representatives of entrepreneurs and state representatives are …

Abridging The Freedom Of Non-English Speech: English-Only Legislation And The Free Speech Rights Of Government Employees, Margaret Robertson

BYU Law Review

No abstract provided.

Congress Trips Over International Law: Wto Finds Unfairness In Music Licensing Act, Mary Lafrance

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Als Scan, Inc. V. Remarq Communities, Inc.: Notice And Isps' Liability For Third Party Copyright Infringement, Laura Rybka

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

United States V. Bart Henriques 234 F.3d 263 (5th Cir. 2000), Pete Albanis

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Copyright And Contracts: The Subject Matter Jurisdiction Of Federal Courts Under 28 U.S.C. 1338(A), Daniel E. Wanat

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Independent Film And Television Production Incentive Act: Congress Attempts To Prevent Runaways, Courtney Siders

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

America Online, Inc. V. At&T Corp. 243 F.3d 812 (4th Cir. 2001), Michael Fiorentino

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Information Outlook, November 2001, Special Libraries Association

Information Outlook, 2001

Volume 5, Issue 11

Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande

All Faculty Scholarship

On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”

Volume 26, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Ted Frankel, Arlo Litman

Managing Editor: Jason Brown

Note: This issue was misprinted as Volume 26, no. 1

Aku Newsletter : November 2001, Volume 1, Issue 7, Aga Khan University

The Aga Khan University Newsletters

No abstract provided.