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2002

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The Systematic Text Of The Book Of Mormon, Royal Skousen Jan 2002

The Systematic Text Of The Book Of Mormon, Royal Skousen

Journal of Book of Mormon Studies

Royal Skousen explains in detail the internal consistency of the original text of the Book of Mormon. He references several verses of the Book of Mormon to discuss five main points: consistency in meaning; systematic phraseology; variation in the text; conjectural emendation; and revising the text. By examining these five aspects, Skousen shows that neither the message nor the doctrine of the Book of Mormon loses credibility as a result of textual changes. Skousen also mentions that the consistency in the manuscripts suggests that Joseph Smith did not receive the text as a concept but rather received it word for …

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Contributors, Uncovering The Original Text Of The Book Of Mormon Jan 2002

Contributors, Uncovering The Original Text Of The Book Of Mormon

Journal of Book of Mormon Studies

No abstract provided.

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“Strange Ramblings”: The Ideal And Practice Of Sermons In Early Mormonism, Davis Bitton Jan 2002

“Strange Ramblings”: The Ideal And Practice Of Sermons In Early Mormonism, Davis Bitton

BYU Studies

People who attended meetings of The Church of Jesus Christ of Latter-day Saints during its first seventy years heard many sermons preached (fig. 1). But the sermons often seemed different from those heard in Protestant and Catholic congregations. For the Saints, this was further evidence that Mormonism was not tied to a professional clergy but, like primitive Christianity, allowed wide participation by parishioners. Outsiders, however, were often less than favorably impressed with Mormon sermons. According to one observer, most Mormon speakers he heard were guilty of "strange ramblings." Before examining in detail the peculiarities of preaching among the Latter-day Saints, …

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Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson Jan 2002

Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson

Faculty Scholarship

An extreme drought hit the Klamath River Basin of southern Oregon and northern California in 2001, and a remarkable water controversy soon followed. Hundreds of farmers, who for decades had reliably received irrigation water from the federal government's Klamath Project, were told, for the first time, that they would get none that year. Instead, the government would hold the water in Upper Klamath Lake and release it to flow down the Klamath River in an effort to ensure the survival of fish protected by the Endangered Species Act.

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Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley Jan 2002

Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley

Faculty Scholarship

As I read and reread the Rice decision, I realized how similar it is to the trend in the recent Indian law cases decided by the Supreme Court. For example, Rice, in many respects, represents the discomfort the Justices feel for upholding "special treatment" of Native Americans under the law. The Court in Rice reversed the Ninth Circuit's decision allowing the State of Hawaii to conduct a Natives-only election of trustees to administer a trust to benefit Native Hawaiians. It found that the Fifteenth Amendment, adopted after the Civil War to prevent states from denying the elective franchise to former …

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The Future Of Civil Rights: A Dialogue, Margaret E. Montoya Jan 2002

The Future Of Civil Rights: A Dialogue, Margaret E. Montoya

Faculty Scholarship

Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny

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The Rehnquist Court And The End Of Constitutional Stare Decisis: Casey, Dickerson And The Consequences Of Pragmatic Adjudication, William S. Consovoy Jan 2002

The Rehnquist Court And The End Of Constitutional Stare Decisis: Casey, Dickerson And The Consequences Of Pragmatic Adjudication, William S. Consovoy

Utah Law Review

In light of the Rehnquist Court's misuse of stare decisis, and the Court's repeated admonitions that stare decisis is a doctrine of policy, not a command, this Article suggests the abrogation of stare decisis from the Supreme Court's analysis of constitutional issues. Policies are designed to foster beneficial outcomes. When stare decisis is viewed in the context of relevant case law, particularly Casey and Dickerson, it is apparent that this haphazard and consequentialist application of stare decisis is not a benefit, but a detriment. Although abandoning stare decisis has consequences, those consequences are administrative and have no impact on the …

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Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor Jan 2002

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor

Faculty Publications

To assist courts, the National Center for State Courts, in partnership with the Illinois Institute of Technology's Institute of Design and the Chicago-Kent College of Law, launched a research project to examine court processes and recommend modifications to eliminate or reduce procedural barriers to access for self-represented litigants. The projects had three major tasks: (1) to identify major barriers to access to justice that self-represented litigants encounter due to court procedures and administrative requirements; (2) to employ system design methodology to redesign court processes to remove those barriers, and (3) to translate the conceptual model for redesigned court system into …

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Judicial Review And Global Federalism, Charles H. Koch Jr. Jan 2002

Judicial Review And Global Federalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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Book Review Of The English Poor Laws, 1700-1930, Michael Ashley Stein Jan 2002

Book Review Of The English Poor Laws, 1700-1930, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Towards A Canadian Policy For Patenting Disease Genes, S. Jodi Gallagher Jan 2002

Towards A Canadian Policy For Patenting Disease Genes, S. Jodi Gallagher

Dalhousie Journal of Legal Studies

Thousands of human genes, many associated with human disease processes and diagnosis, have been patented in Canada. The scope of these patents has restricted public access to genetic testing and raised the question of whether human genetic material should be subject to differential treatment by our patent law regime. The Canadian Intellectual Property Office (CIPO) has failed to offer guidelines on the application of patent laws to genetic material, symptomatic of the broader problem of a lack of strong federal leadership in this area. In this paper I will engage the debate over patenting of human genes specifically as it …

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In (Or Out Of) The Marketplace Of Ideas: Warf V. Geron And Lessons For Canada, Matthew Herder Jan 2002

In (Or Out Of) The Marketplace Of Ideas: Warf V. Geron And Lessons For Canada, Matthew Herder

Dalhousie Journal of Legal Studies

Four days after President George W. Bush addressed America regarding human embryonic stem cell ("hESC") research in August 2001, a lawsuit was filed by the Wisconsin Alumni Research Foundation (“WARF”) against Geron Corporation ("Geron"). WARF holds patents in respect of hESC technologies pioneered by James Thomson. The parties were unable to negotiate licences for additional hESC types. In January 2002, WARF and Geron announced that a new agreement had been reached. This paper examines the antecedent question: should the hESC technologies have been patentable in the first place? The reason for pursuing hESC research appears to be the possibility to …

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Breaching Moral Rights: Is There A Legal Remedy?, Rebekah Powell Jan 2002

Breaching Moral Rights: Is There A Legal Remedy?, Rebekah Powell

Dalhousie Journal of Legal Studies

Throughout the history of the theatre there have been various interpretations of dramatic work that, arguably, have not followed the original vision of the playwright. Do modem Canadian playwrights have a better chance of controlling the production of their plays? The original copyright for a play belongs to the playwright who may sell or assign it. In addition, the playwright has moral rights to the play, which are inalienable but may be waived. The essence of these rights is the ability to protect one's work from being altered, distorted or presented as the work of another. Here, the various legal …

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An Introduction To The International Criminal Court, Ian Rennie Jan 2002

An Introduction To The International Criminal Court, Ian Rennie

Dalhousie Journal of Legal Studies

Book review of An Introduction to the International Criminal Court by William A. Schabas and published by Cambridge University Press (Cambridge), 2001. (406 pp.)

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"I Will Have To Look At Him"| An Ecocritique Of Faulkner's "The Bear", Jason J. Barton Jan 2002

"I Will Have To Look At Him"| An Ecocritique Of Faulkner's "The Bear", Jason J. Barton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Relational Development Model Of Executive Coaching As A Tool For Organizational Change, Shaun Martinz Jan 2002

Relational Development Model Of Executive Coaching As A Tool For Organizational Change, Shaun Martinz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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From Westward Space To Western Place| The End Of Illusion And Birth Of Acceptance In The American West, Mary C. Greenfield Jan 2002

From Westward Space To Western Place| The End Of Illusion And Birth Of Acceptance In The American West, Mary C. Greenfield

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Theatre In Education| Catalyst For Change, Yi-Hsin Lu Jan 2002

Theatre In Education| Catalyst For Change, Yi-Hsin Lu

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Viking Expansion| Climate, Population, Plunder, John C. Sharpe Jan 2002

The Viking Expansion| Climate, Population, Plunder, John C. Sharpe

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Emptiness Of "The Wild"| Gary Snyder's Eco-Buddhist Deconstruction Of "Self" And "Nature", David J. Kerber Jan 2002

Emptiness Of "The Wild"| Gary Snyder's Eco-Buddhist Deconstruction Of "Self" And "Nature", David J. Kerber

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Mirabile Dictu: The Bryn Mawr College Library Newsletter 6 (2002), Bryn Mawr College Library Jan 2002

Mirabile Dictu: The Bryn Mawr College Library Newsletter 6 (2002), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

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Front Matter Jan 2002

Front Matter

Quidditas

No abstract provided.

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“Women Of The Wild Geese”: Irish Women, Exile, And Identity In Spain, 1596–1670, Andrea Knox Jan 2002

“Women Of The Wild Geese”: Irish Women, Exile, And Identity In Spain, 1596–1670, Andrea Knox

Quidditas

Ireland in the sixteenth and seventeenth centuries was subject to major invasion and settlement. Tudor foreign policy towards Ireland attempted to introduce an English model of government and, during the reign of Elizabeth I, attempts were made to introduce the Protestant religion. During the sixteenth century both England and Ireland were the regular focus of European Catholic plots. This led the Tudor monarchs to invade Ireland with a double agenda: to prevent European invasion, and to subdue a country over which it had always been difficult to exercise any influence. Henry VIII invaded Scotland and France in the 1540s, and …

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Brothers Across Enemy Lines: A Mission President And A German Soldier Correspond During World War I, Jeffery L. Anderson Jan 2002

Brothers Across Enemy Lines: A Mission President And A German Soldier Correspond During World War I, Jeffery L. Anderson

BYU Studies

The First World War destroyed millions of lives and billions of dollars' worth of property. In peacetime, each death is a tragedy, while in war the deaths of millions become a statistic. One of the lives lost among the statistics is that of Wilhelm Kessler (fig. 1), a German citizen and Latter-day Saint who cut short his mission to enlist in the German army. His correspondence with his mission president, Hyrum W. Valentine, reflects both his patriotism and his love for the gospel and the Saints. Valentine's letters in return express his love for this young man, a love that …

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Review Essay: Richard Utz. Chaucer And The Discourse Of German Philology: A History Of Reception And An Annotated Bibliography Of Studies, Anita Obermeier Jan 2002

Review Essay: Richard Utz. Chaucer And The Discourse Of German Philology: A History Of Reception And An Annotated Bibliography Of Studies, Anita Obermeier

Quidditas

Richard Utz. Chaucer and the Discourse of German Philology: A History of Reception and an Annotated Bibliography of Studies, 1793–1948. Making the Middle Ages 3. Turnhout: Brepols, 2002. xxi + 446 pp.

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The Demonization Of Sidney’S Cecropia: Erasing A Legal Identity, Stephanie Chamberlain Jan 2002

The Demonization Of Sidney’S Cecropia: Erasing A Legal Identity, Stephanie Chamberlain

Quidditas

In October fo 1533, fourteen-year-old Catherine de' Medici married Henri, duc d'Orléans in a union meant to secure a favorable political alliance between Francis I, the King of France and Pope Clement VII, her uncle and legal guardian. When, however, the Pope unexpectedly died less than a year later, Catherine’s symbolic worth virtually died as well: leaving a less than enamored France to bear the burden of one whose status, as R. J. Knecht has noted, “was immediately reduced to that of a foreigner of relatively modest origins.”1 When Henri unexpectedly died following a ceremonial jousting match in 1559, Catherine …

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"The Homosexual" As Problem Patron, Polly Thistlethwaite Jan 2002

"The Homosexual" As Problem Patron, Polly Thistlethwaite

Publications and Research

Libraries host a range of human activity, some of which is overtly sexual. What's a librarian to do about public displays of affection? cruising? public sex? First, we read up on the issue. Unfortunately, problem patron library literature is spotted with vivid illustrations of irrational bias against gay men, male-to-female transgender women, and men-cruising-men. It also discounts the private nature of most consensual sex in public places. This article discusses sex and gender biases in library literature, arguing that gender equitable, privacy-respecting practices will better serve librarians administering public space.

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The Bible Code, John A. Tvedtnes Jan 2002

The Bible Code, John A. Tvedtnes

Review of Books on the Book of Mormon 1989–2011

Review of The Bible Code (1997), by Michael Drosnin

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Defined Contribution Pensions: Plan Rules, Participant Choices, And The Path Of Least Resistance, James J. Choi, David Laibson, Brigitte C. Madrian, Andrew Metrick Jan 2002

Defined Contribution Pensions: Plan Rules, Participant Choices, And The Path Of Least Resistance, James J. Choi, David Laibson, Brigitte C. Madrian, Andrew Metrick

Faculty Publications

We assess the effect on savings behavior of several different 401(k) plan features, including automatic enrollment, automatic cash distributions, employer matching provisions, eligibility requirements, investment options, and financial education. We also present new survey evidence on individual savings adequacy. Many of our conclusions are based on an analysis of micro-level administrative data on the 401(k) savings behavior of employees in several large corporations that implemented changes in their 401(k) plan design. Our analysis identifies a key behavioral principle that should partially guide the design of 401(k) plans: employees often follow the path of least resistance. For better or for worse, …

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Stakeholder Protection In Germany And Japan, Mark J. Loewenstein Jan 2002

Stakeholder Protection In Germany And Japan, Mark J. Loewenstein

Publications

This Essay considers the stakeholder debate in the context of the German and Japanese legal systems. Although, nominally, corporations in those countries must operate in the interests of shareholders, in fact nonshareholder constituencies have considerable influence on corporate decision makers. Of equal importance, weak securities markets and ineffective or nonexistent legal protections for shareholders are also important factors in strengthening the position of nonshareholder constituencies and freeing directors to consider their interests. Thus, the stakeholder debate is more of an issue in the United States and Britain, where more shareholder-centic models flourish.

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