Digital Commons Network^™

When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser

Cardozo Law Review

No abstract provided.

The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel

Cardozo Law Review

No abstract provided.

Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson

Cardozo Law Review

No abstract provided.

Dit Independent, 1st.-30th. November, 2001, Dit:Students Union

DIT Student Union

No abstract provided.

Spaceball (Or, Not Everything That's Left Is Postmodern), Dennis W. Arrow

Vanderbilt Law Review

Given law-school postmodernism's epistemo/ontology of juvenile antirealist agnosticism, its commitment to Gadamerian and/or Derridean notions of linguistic indeterminacy, its mono- maniacal dedication to centrifugal end-justifies-the-means Lefty politics, its abhorrence of commonly recognized conceptions of neutral principle, its concomitant disrespect for the very notion of truth, and its inextricably intertwined obsession with names and propensity for linguistic doublespeak, Professor Arrow confesses to initially wondering what it might "mean" to take anything uttered by a postmodernist "literally," or at "face value." But undaunted by that 'paradox," Professor Arrow not only takes up Feldman's challenge to "critique postmodernism on its own terms" (by …

Tennessee Farm Bureau News - November 2001, Tennessee Farm Bureau Federation

Tennessee Farm Bureau News

No abstract provided.

A Survey Of Islamic Fundamentalist Activism In Central Asia And The Caucasus, Stephen R. Bowers, Valeria Ciobanu

Faculty Publications and Presentations

This survey of regional elites, conducted in November of 2001, concludes that the goals of the region’s Islamic fundamentalist groups include mobilization of Islamic faithful into radical activities, planning for sabotage of US military operations, and working to overthrow secular regimes.

Magnetic Resonance Imaging Of Normal Lumbar Intervertebral Discs, Maher T. Al-Hadidi, Darwish H. Badran, Azmy M. Al-Hadidi, Jamal H. Abu-Ghaida

Saudi Medical Journal

OBJECTIVE: To study changes in midpoint lumbar disc heights in an asymptomatic Jordanian sample relative to age, sex, lumbar level and midvertebral heights. METHODS: A total of 153 asymptomatic patients (87 males, age range 20-65 years; mean 43±12.1 and 66 females, age range 22-68 years; mean 47±13.7) were selected during the study period. All underwent midsagittal magnetic resonance imaging to measure the midpoint disc height and midvertebral height of all lumbar spines. Values were statistically analyzed to obtain the significance of differences in the means of midpoint disc heights at different levels in every age group and among other age …

§ 1367 Producamus, Edward A. Hartnett

Duke Law Journal

No abstract provided.

Fiat Lux, John B. Oakley

Duke Law Journal

No abstract provided.

The Future Of Domain Name Dispute Resolution: Crafting Practical International Legal Solutions From Within The Udrp Framework, Lisa M. Sharrock

Duke Law Journal

No abstract provided.

Statistics, Not Experts, William Meadow, Cass R. Sunstein

Duke Law Journal

No abstract provided.

Kroger Redux, John B. Oakley

Duke Law Journal

No abstract provided.

Keeping Mud Off The Bench: The First Amendment And Regulation Of Candidates’ False Or Misleading Statements In Judicial Elections, Adam R. Long

Duke Law Journal

No abstract provided.

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner

Duke Law Journal

No abstract provided.

The Black Power Movement In Trinidad: An Exploration Of Gender And Cultural Changes And The Development Of A Feminist Consciousness, Victoria Pasley

Journal of International Women's Studies

In February 1970 the Black Power movement in Trinidad exploded as thousands of young people took to the streets in massive demonstrations that rocked the island. The government responded by arresting activists and ultimately declaring a state of emergency. At the same time a group of young army officers, sympathetic to the Black Power movement, mutinied. Prime Minister Eric Williams and the People’s National Movement (PNM) government emerged from the uprising, severely shaken but still with a firm grip on powers. Women played an active role in the demonstrations and within the activist groups that were a part of the …

Conflict Of Interest And Physical Therapy, Mike W. Martin, Donald L. Gabard

Philosophy Faculty Books and Book Chapters

'In a chapter entitled “Conflict of Interest & Physical Therapy”, authors Martin & Gabard offer a cogent definition. They write simply, “conflicts of interest are situations in which individuals have interests that significantly threaten their role responsibilities, or would do so for a typical person having their role.” Likewise, Davis describes the standard view of conflict of interest as a situation in which a person P is in a relationship requiring P to exercise some judgment on another’s behalf and P has an interest “tending to interfere with the proper exercise of that judgment”. With regard to professional conflicts of …

Tribal Voices: Speech By Chief Harry Wallace (Summary), Harry Wallace, Chief Of Unkechaug Nation

Tribal Voices (Events)

The speech was given at the University of New Mexico School of Law as part of the Southwest Indian Law Clinic Lecture Series. Each section discusses either a historical or contemporary aspect of Unkechaug tribal law.

"Counselor, Proceed With Caution": The Use Of Integrated Evidence Presentation Systems And Computer-Generated Evidence In The Courtroom, Elan E. Weinreb

Cardozo Law Review

No abstract provided.

Copyright Law And Price Discrimination, Michael J. Meurer

Cardozo Law Review

No abstract provided.

Antitrust Decisions And Legislative Intent, David F. Shores

Missouri Law Review

While recent decisions leave no doubt that the Court has revised its view concerning the purpose or goals of the antitrust laws, exactly when the revisionist period began is less clear. Continental T.V., Inc. v. GTE Sylvania Inc., was decided in the 1976-77 term. In overruling its decision in United States v. Arnold Schwinn & Co., decided just ten years earlier, the Court relied heavily on the writing of Robert Bork. Bock since has become the leading advocate for the new antitrust thinking. The 1976-77 Supreme court term seems to be a reasonable point of departure. Thus, the article will …

Don't Fear Carnivore: It Won't Devour Individual Privacy, Thomas R. Mccarthy

Missouri Law Review

This Article examines the FBI's use of the Carnivore program and it's implication on online privacy.

Nearly Forgotten Supervisory Power: The Wrench To Retaining The Miranda Warnings, The, Nathan E. Ross

Missouri Law Review

This Comment addresses the supervisory power generally, and it specifically focuses on how the existence of the Court’s supervisory power jurisprudence created a conundrum for the Rehnquist Court’s attempt to preserve the Miranda warnings. Part II traces the history and development of the supervisory power as an independent basis for decision and the alleged sources of this power. Part III analyzes the Court’s decision in Dickerson v. United States, including Justice Scalia’s dissent, within the context of Miranda and Section 3501. Finally, Part IV discusses why the Court chose to constitutionalize the Miranda warnings, instead of invoking it supervisory power, …

Running Aground On The (Shoal) Waters Of The United States: The Supreme Court Invalidates The Migratory Bird Rule, William F. Northrip

Missouri Law Review

For the better part of the last fifty years, the Commerce Clause provided a safe harbor for congressional legislation. However, the legislative landscape began to change with the Supreme Court’s decision in United States v. Lopez. For the first time in nearly sixty years, an act of Congress was invalidated as exceeding the authority granted to Congress by the commerce Clause. As courts applied the stricter standard announced in Lopez, some regulations began to founder under the newly heightened scrutiny. Among the regulations that struggled in these rough waters was 33 C.F.R. § 328.3, the United States Army Corps of …

Kiss And Tell: Making The Case For The Torious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel

Missouri Law Review

Recognizing theories of recovery for a tort committed an estimated six million times per year in the United States alone at an annual cost in excess of $4 billion is logical—if not imperative. Not all jurisdictions, however, recognize theories of recovery when the tort in question is the wrongful transmission of herpes and human papillomavirus (“HPV”), two of the most common, incurable sexually transmitted diseases (“STDs”) in America. Nevertheless, in Deuschle v. Jobe, the Missouri Court of Appeals for the Western District of Missouri took a significant step by acknowledging an unmarried sexual partner’s right to bring negligence and intentional …

Unreasonable Probability Of Error, Jed Handelsman Shugerman

Faculty Scholarship

In Strickland v. Washington, the Supreme Court sought to create a uniform standard to guarantee effective assistance of counsel to criminal defendants, to "ensure a fair trial," and to assure the reliability of "a just result."' Justice O'Connor's majority opinion created a two-pronged test for overturning a trial verdict: deficient performance and resulting prejudice. The Court explicitly established a difficult burden for proving deficient performance,² but set a moderate standard for prejudice as the "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient …

Medical Error Reporting: Professional Tensions Between Confidentiality & Liability, Wendy K. Mariner, Frances H. Miller

Faculty Scholarship

Improving patient safety depends on a sophisticated understanding of what can jeopardize it. Reports of adverse patient events and "near misses" constitute valuable information that can foster that understanding. Knowing what has gone wrong in the past facilitates the search for systems improvements, which can prevent recurrence. Unfortunately, providers have been generally unenthusiastic about reporting medical error, whether from a sense of shame, from a fear of liability and institutional sanctions, or from anxiety about reputation and relationships with peers. This Issue Brief lays out the factors that may affect reporting, and explores the limited evidence about whether providers' confidentiality …

Feminism, Nationalism, And War: The ‘Yugoslav Case’ In Feminist Texts, Jelena Batinic

Journal of International Women's Studies

From the Introduction:

This paper presents a study of feminist representations of the situation in the former Yugoslavia. I have decided to look at feminist textsvthat were generated in response to the wars in Croatia and Bosnia-Herzegovina, which appeared in both the feminist popular press and scholarly publications in English. By focusing on the ideological plane, seen in terms of narrative structures available for speaking and perceiving one’s experience, I seek to examine the feminist representation of the conflict of Yugoslav nationalisms and within Yugoslav feminism itself. Narratives are produced in the space where various discourses transpire, compete, …

Women And Poverty: The South African Experience, Johanna Kehler

Journal of International Women's Studies

Introduction:

A lot has been said, done and published on the topic of women and poverty. This article will first provide a short introductory outline of poverty and the feminisation thereof. Secondly, the article will explore the problems regarding women and poverty in the South African context. Emphasis will be given to rural women and women on farms, as two of the most marginalised groups of women in South Africa.

South Africa, in the midst of transformation, is struggling to overcome the burden of race, class and gender-based inequality inherited during the periods of colonialism and Apartheid. The main goals …

Returns To Native Lands, Reclaiming The Other’S Language: Kincaid And Danticat, Gerise Herndon

Journal of International Women's Studies

No abstract provided.