Digital Commons Network^™

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

Articles

My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

Lesbigay Identity As Commodity, David M. Skover, Kellye Y. Testy

Articles

This Essay explores the deep dissonance that exists today between the validation of American LesBiGays in the commercial marketplace and their devaluation in political and legal arenas, and questions the failure of legal scholars and civil rights activists to account meaningfully for this dissonance in their theories and practices. I

n America's popular culture, LesBiGay identities abound. In its political culture, however, they emerge more tentatively. The commercial and entertainment industries increasingly commodify and celebrate LesBiGay identities. The courts and legislatures generally discount and condemn them. Thus, there is a deep dissonance between the validation of LesBiGay identities in the …

Linking Progressive Corporate Law With Progressive Social Movements, Kellye Y. Testy

Articles

Professor Testy critically assesses what has been termed a "new" corporate social responsibility project After noting the hegemony of shareholder primacy in corporate law, she critiques four major counter-hegemonic discourses: team production theory, corporate social accountabiity, stakeholder theory, and corporate social responsibility (or progressive corporate law). Finding the first three ineffective foils for the problems of corporate power that have spurred calls for reform, she turns to an examination of the progressive corporate law project. That project, presently poised at a defining juncture as it attempts to use the "master's tools" to "dismantle the master's house," nonetheless holds promise for …

Increasing Tenderness Of Beef Round And Sirloin Muscles Through Prerigor Skeletal Separations, B.C. Shanks, D.M. Wulf, B.J. Reuter, R.J. Maddock

Animal Science Faculty Publications

Crossbred steers (n = 30) were used to explore and compare tenderness improvements in beef round and sirloin muscles resulting from various methods of pre-rigor skeletal separations. Animals were slaughtered according to industry procedures, and at 60 min postmortem one of six treatments was applied to each side: A) control, B) saw pelvis at the sirloin round junction, C) separate the pelvic-femur joint, D) saw femur at mid-point, E) combination of B and C, and F) combination of B and D. After 48 h, the following muscles were excised from each side: semi-membranosus, biceps femoris, semi-tendinosus, and adductor from the …

Draft Convention On Jurisdiction And Recognition Of Judgments In Intellectual Property Matters, Rochelle Cooper Dreyfuss, Jane C. Ginsburg

Faculty Scholarship

The proposed Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters is currently drafted to cover most fields of private litigation, including intellectual property. However, as those following the Hague process are aware, the Convention has run into considerable difficulties. There is currently reason to be concerned that it may not be promulgated at all, or that if it is promulgated, that it will be reduced in scope and cover only select areas of litigation, likely not to include intellectual property. This proposal is meant to spur the intellectual property bar to consider whether it would be …

Evaluation Of Native Isolates Of Basillus Thuringiensis And Metarhizium Anisopliae For The Control Of Plutella Xylostella (L.) (Lepidoptera: Plutellidae), Kahuro Thumbi

All Master’s Theses

Twelve isolates of b, thuringiensis and three of m anisopliae were isolated from the soil and cadavers obtained from diverse geographical regions of kenya. Pathogenicity of fifteen isolates of bithuringiensis and fourteen of m anisopliae to p. Xylostella was determined in the laboratory. Mortality caused by b. Thuringiensis to the first instar larvae varied between 6 and 100%. Five isolates caused mortality of 100 % in the first day after inoculation. Lethal time for the most virulent isolate was 0.5 days and 8.3 days for the less virulent. There were also differences in the pathogenicity of isolates of m anisopliae …

Assessement Of Kairomones As A Monitoring Tool For Cotesia Flavipes Cameron (Hymenoptera: Braconidae), Esther Ndumi Ngumbi

All Master’s Theses

Chilo partellus (Swinhoe) is a major pest of maize in East Africa. Its indigenous natural enemies are unable to regulate its densities to a level acceptable to farmers. Cotesia flavipes Cameron (Hymenoptera: Braconidae), a larval parasitoid of C. partellus now established in Kenya, was released in 1993 from Pakistan for the control of this pest. A major constraint in evaluating the establishment of C. flavipes, is the great amount of time spent for its field collection and identification. Use of traps may facilitate the assessment of the establishment and spread of this parasitoid. A number of chemical compounds released by …

Development Of The Pupal Parasitoid Xanthopimpla Stemmator (Thunberg)(Hymenoptera: Ichneumonidae) In Various Cereal Stem Borers (Lepidoptera), Ann Wanjiru Gitau

All Master’s Theses

Classical biological control (CBC) is a management strategy that employs natural enemies against exotic pests. The method has been used against Chilo partellus (Swinhoe) (Lepidoptera: Crambidae), an introduced pest of maize in Africa, using the introduced larval parasitoid Cotesia flavipes (Cameron) (Hymenoptera: Braconidae). However, C.flavipes is not able to attack all stem borer species in the targeted areas. To complement its work, Xanthopimpla stemmator (Thunberg) (Hymenoptera: Ichneumonidae) a solitary pupal endoparasitoid, which attacks pupae of Lepidoptera stem borers was imported from Sri-Lanka via Mauritius and South Africa to Kenya for laboratory trials. Xanthopimp/a stemmator has successfully been established in Mauritius …

Peranan Agama Islam Dan Kesannya Ke Atas Perkembangan Peradaban Umat Islam Khususnya Di Alam Melayu, Zawiah Mat

Student Works (2000-2009)

This six parts dissertation is on "The Role of Islam and its Impact on Muslim Civilization Specifically in the Malay World". In the first chapter, the author introduces as an introduction, its definition and the significance of this topic, so as to give the readers overall view on this topic. Analyzing books, dissertations and academics study of scholars and also using data accumulation and data analysis has produced this historical-based dissertation by. The author also justifies the three of objectives and the methods of this study. Accumulation data method is based on library-research and fieldwork. Fieldwork involves some archaeological works …

Pertubuhan Jamaah Islah Malaysia (Jim) : Sumbangannya Terhadap Pendidikan Islam Di Malaysia, Mohd Azli Adnan

Student Works (2000-2009)

Education is one of the major aspect to be considered in building a civilized nation. When we speak of education, therefore it must pertain to this reality of man and not simply to his body and his animal aspect Education in the Islamic point of view emphasizes both on the physical and the spiritual aspects of life. If the foundation of the system of education is relevant to the reality of human creation in a civilization, inevitably nation building will produce good citizen of the world and the hereafter. In this dissertation, the writer has divided the discussion into five …

Perdebatan Kaum Tua Dan Kaum Muda Di Minangkabau Dalam Beberapa Masalah Pemikiran Islam, Saidul Amin

Student Works (2000-2009)

This dissertation studies the debate between "Kaum Tua" ( traditionalist moslem group) and "Kaum Muda" (modernist moslem movement) in Minangkabau, West Sumatera, Indonesia in the early decades of twentieth century. Some Islamic thought problems are discussed, such as tariqah, tawassul and wasilah, rabitah, ijtihad and modernization of Islamic thought. Kaum Tua was known to be very tolerant in practicing their Islamic beliefs and was able to combine it with original Minangkabau's culture and customs which were influenced by some teachings of animism, dynamism and hinduism. They also accepted and practiced sufism doctrines and rejected the ijtihad and modernization of Islamic …

Effects Of Fish Cage Aquaculture On The Zooplankton In A Malaysian Mangrove Estuary, Ai Lin Ooi

Student Works (2000-2009)

A study on the effects of fish cage aquaculture on the zooplankton was carried out in the Matang mangrove estuary, Perak, Malaysia. Investigations consisting of 4-month study and 12-hour study were conducted. Zooplankton were sampled inside and away from floating fish cage culture areas in Sangga Besar (SSB) river and in an adjacent nonaquaculture river, Sangga Kecil (SSK), in order to examine the effect of fish cage culture on zooplankton abundance. Zooplankton populations varied both spatially (being more abundant towards the river mouth) and temporally (being more abundant at certain months, e.g. in December). In SSB, fish cage culture had …

The First Decade: Critical Reflections, Or "A Foot In The Closing Door", Kimberlé W. Crenshaw

Faculty Scholarship

In the introduction to Critical Race Theory: The Key Writings That Formed the Movement, Gary Peller, Neil Gotanda, Kendall Thomas, and I framed the development of Critical Race Theory (CRT) as a dialectical engagement with liberal race discourse and with Critical Legal Studies (CLS). We described this engagement as constituting a distinctively progressive intervention within liberal race theory and a race intervention within CLS. As neat as this sounds, it took almost a decade for these interventions to be fleshed out fully. Reflecting on the past ten years of CRT, this Article explores the course of these interventions from the …

Lipton And Rowe's Apologia For Delaware: A Short Reply, Ronald J. Gilson

Faculty Scholarship

Three themes animate Martin Lipton and Paul Rowe's thoughtful response to my critical evaluation of Unocal's fifteen-year history. First, they maintain that affording shareholders a primary role in the governance of takeovers depends on a commitment to the stock market's informational efficiency. Second, they claim that allowing shareholders to amend or repeal a poison pill ignores empirical evidence that the existence of a poison pill is associated with higher takeover premiums. Third, they assert that the Delaware General Corporation Law (DGCL) reflects an implicit mega-principle that assigns control over takeovers to managers. This short reply corrects Lipton and Rowe's …

A Symposium Précis, Thomas E. Baker

Faculty Publications

This article is an introduction and overview of the Drake University Law School symposium Judicious Choices: Nominating and Confirming Supreme Court Justices held in March of 2002. It identifies important constitutional law issues in nominating and confirming the President's appointments to Supreme Court Justices in the United States.

The Student Worry Questionnaire-30: Further Examination Of Gender Differences, Janet A. Carter

Dissertations and Theses @ UNI

The construct of worry has captured the attention of researchers in recent years and has been implicated in several psychological disorders. Initially, the lack of validated instruments hampered the study of the worry construct. Several such instruments have been developed in recent years, but two instruments have predominated in the literature concerning the construct of worry-the Penn State Worry Questionnaire (Meyer, Miller, Metzger, & Borkovec, 1990) and the Worry Domains Questionnaire (Tallis, Eysenck, & Mathews, 1992). While both appear psychometrically sound, these instruments focused on different and distinct aspects of the worry construct. Some researchers (Davey, 1993; Starcevic, 1995; Tallis …

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder

Articles

Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …

Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, George J. Annas, Lori B. Andrews, Rosario M. Isasi

Faculty Scholarship

We humans tend to worry first about our own happiness, then about our families, then about our communities. In times of great stress, such as war or natural disaster, we may focus temporarily on our country but we rarely think about Earth as a whole or the human species as a whole. This narrow perspective, perhaps best exemplified by the American consumer, has led to the environmental degradation of our planet, a grossly widening gap in living standards between rich and poor people and nations and a scientific research agenda that focuses almost exclusively on the needs and desires of …

What Do We Do When We Do Law And Popular Culture, Jessica Silbey

Faculty Scholarship

"What We Do When We Do Law and Popular Culture" establishes a theoretical framework for analyzing legal popular culture, taking as its point of departure Richard Sherwin's book "When Law Goes Pop." The article stresses what Professor Silbey considers to be three major stumbling blocks in the growing interdiscipline of law and popular culture. She argues that if we are to advance our understanding of the relationship between law and popular culture, we must follow at least three simple charges: (1) demarcate our beginning concepts, such as law or culture, so that amidst the vast phenomena that may be called …

Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke

Faculty Scholarship

Is copyright law relevant to the terms of access to information? Certainly, few would seriously contend that breaking into a locked filing cabinet to obtain access to a manuscript is not sanctionable, even if the intruder had some purpose that copyright law would applaud with respect to the information contained in the manuscript itself. Many instinctively believe that one must pay the asking price and respect the terms that accompany a copyrighted work or face the consequences under some set of laws like copyrights or contracts. In short, society likely generally believes that market forces regulate the conditions of access …

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

Faculty Scholarship

Although law and religion scholars have long argued about whether American culture marginalizes religious belief, many important indicators suggest that religion indeed plays a prominent role in contemporary American life. America is an extremely religious nation. Polls consistently show that about ninety percent of Americans continue to believe in God, and both church attendance and membership remain at high levels. This religiosity, moreover, spills out into the public square. A great many Americans rely on religious reasons when thinking and talking about public issues. Ninety percent of the members of Congress, by one report, consult their religious beliefs when voting …

The Changing Face Of Recognition In International Law: A Case Study Of Tibet, Robert D. Sloane

Faculty Scholarship

The concept of state recognition in public international law has long been mired in a (pejoratively) academic debate between the "declaratory" and "constitutive" schools. This article strives to reappraise and recast recognition through analysis of the history and status of Tibet and its government-in-exile. I argue that, for analytic purposes, we must distinguish three forms of recognition: first, political recognition, the formal acts by which one sovereign recognizes another's claim to statehood or legitimate governance; second, legal recognition, a judgment of recognition based on some set of reasonably objective legal criteria; and third, civil recognition, the force of popular moral …

Preterminal Host Dendritic Cells In Irradiated Mice Prime Cd8+ T Cell–Mediated Acute Graft-Versus-Host Disease, Yi Zhang, Jean-Pierre Louboutin, Jiang Zhu, Stephen G. Emerson

Biology Faculty Scholarship

No abstract provided.

Youngstown: Pages From The Book Of Disquietude, Philip Chase Bobbitt

Faculty Scholarship

The Youngstown holding is widely admired. One reads with pride those passages in which the Supreme Court denies to a president with whom they are in considerable political sympathy the power to enlarge executive authority by militarizing the homeland. And yet one wonders, as we confront in the 21st century a lethal foreign enemy who has demonstrated the ability to infiltrate and assault the domestic environment, precisely what restraints ought to govern a presidential response to that enemy.

Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens

Articles

In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …

Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

At the recent WTO ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition, on the basis of explicit consensus on modalities to be agreed at the 5th WTO ministerial in 2003. Discussions in WTO since 1997 have revealed little support for ambitious multilateral action. Proponents of WTO antitrust disciplines currently propose an agreement that is limited to ‘core principles’ – nondiscrimination, transparency, and provisions banning ‘hard core’ cartels. We argue that an agreement along such lines will create compliance costs for developing countries while not addressing the anticompetitive behavior of firms …

Racial Justice: Moral Or Political?, Kendall Thomas

Faculty Scholarship

Nearly one hundred years ago, W.E.B. DuBois predicted that the problem of the 20th century would be the problem of the color line. Were he writing today, DuBois might well conclude that in the U.S., the problem of the coming century will be the problem of the color-bind. Although Americans arguably remain "the most 'race-conscious' people on earth," our national conversation about "race" now stands at an impasse. Our ways of talking, or refusing to talk, about race increasingly speak past the racialized dilemmas of educational equity, affirmative action, poverty, welfare reform, housing, lending, labor and employment discrimination, health …

Differential Upregulation Of Bdnf Mrna In The Rat Hippocampus After Sing And Recurrent Hyperthermia-Induced Seizures, Trac M. Duong

Yale Medicine Thesis Digital Library

Thesis (M.D.) - Yale University, 2002.

Trademark Exhaustion In The European Union: Community-Wide Or International?The Saga Continues, Irene Calboli

Research Collection Yong Pung How School Of Law

This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, and …

Aisthetic Eros And Athenian Political Crisis: An Interpretation Of Plato's Seventh Letter, John Baltes

LSU Master's Theses

This paper investigates Plato's solution to political and social disorder by analyzing his advice and epistemology in the Seventh Letter. The first of three primary divisions provides the historical context of Platonic philosophy. The second discusses the central themes of his metaphysics, with specific attention to the Phaedo and Republic. The third analyzes the importance of aisthetic eros for the ascent to the Agathon, culminating in an interpretation of the relevant sections of the Seventh Letter.