Digital Commons Network^™

Taking Contracts Private: The Quiet Revolution In Contract Law, Charles L. Knapp

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 …

Surcharge And Standing: Bankruptcy Code Section 506(C) After Hartford Underwriters, David G. Carlson

Articles

The Supreme Court's decision in Hartford Underwriters Insurance Co. v. Union Planters Bank, N.A., which limited standing under 11 U.S.C. § 506(c) to bankruptcy trustees, fails to conclusively resolve the issue of who can bring such claims. The ruling creates legal complexities, as it does not fully address ownership of the proceeds or provide clear guidance, leading to potential workarounds by secured creditors and trustees. The article argues that the decision may be circumvented, and the current framework for handling § 506(c) claims remains unsatisfactory, necessitating further legislative or judicial clarification.

Regulating Political Parties Under A Public Rights First Amendment, Gregory P. Magarian

Scholarship@WashULaw

The recently-enacted McCain-Feingold campaign finance law pushes to the fore the questions of whether and to what extent the First Amendment allows government to regulate the electoral activities of political parties. One of the new law's primary components is its attempt to eliminate so-called "soft money"- unlimited donations to national political parties that the Democrats and Republicans have used to circumvent legal limits on campaign contributions? One congressional opponent of the new law called it "the death knell" for political parties' role in elections." Not surprisingly, both major parties have attacked McCain-Feingold. Most Republicans in Congress opposed the legislation, and …

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 …

Faculty Publications 2001, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 706 publications.

Regulations Governing The Practice Of Attorneys, Certified Public Accountants, Enrolled Agents, Enrolled Actuaries, And Appraisers Before The Internal Revenue Service; Treasury Department Circular No. 230 (Rev. 7-2002), United States. Internal Revenue Service

Federal Publications

No abstract provided.

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

Scholarly Works

This article examines negotiations toward a Free Trade Area of the Americas (FTAA). It seeks to discern what key negotiating parties want out of such an agreement, and the means through which they have sought to achieve their disparate goals.

The United States and Brazil, in particular, have employed complex negotiating strategies in order to gain theupper hand - strategies prompted by a variety of economic and political dynamics at domestic andsubregional levels. These dynamics include the significant pressure exerted on U.S. policy-makers by constituent groups sensitive to globalization's impact on labor and the environment, as well as the challenge …

Epr Of Co(Ii) As A Structural And Mechanistic Probe Of Metalloprotein Active Sites: A Review Of Studies On Aminopeptidase, Brian Bennett

Physics Faculty Research and Publications

Co(II) can often be substituted for Zn(II) in zinc-dependent metalloenzymes to provide spectroscopically accessible forms of the enzymes. Co(II) is an excellent spectroscopic probe as it is both optically active and EPR active. Further, its fast relaxation properties make it a useful paramagnetic shift reagent in NMR. In EPR, the dependence of the spectra of high-spin Co(II) on E/D and the sensitivity of the resolvability of the ⁵⁹Co hyperfine structure to strain terms allow structural information to be inferred from the EPR spectra. In addition to its useful spectroscopic properties, Co(II) is often an extremely good functional mimic of …

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 …

A Comparison Of Faculty Role Ambiguity And Role Conflict At Freestanding And Component Community And Technical Colleges In West Virginia., Pamela Jane Hamilton

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to determine the difference, if any, between the levels of role conflict and role ambiguity as perceived by full-time faculty at two types of community and technical colleges in West Virginia. Full-time faculty from two freestanding and seven component institutions participated. Demographic characteristics were also compared with role conflict and role ambiguity by institutional type. Two survey instruments were mailed to the total population of 332 faculty. A return rate of 61% was attained. Role variables were measured with the Role Perception Questionnaire (Rizzo, House, & Lirtzman, 1970). A Faculty Demographic Questionnaire was used …

Stamper Family Census Information, Carter County Genealogical Society

Carter County Genealogy Collection

Stamper family census information from Illinois and Kentucky.

Daniel Defoe And The Reform Of The English Nation: An Examination Of His Moralistic Writings., Tiphanie N. Stocks

Graduate Theses, Dissertations, and Problem Reports (ETD)

Daniel Defoe (1660-1731) advocated social and moral reform in early eighteenth century England through his novels, pamphlets, essays, and other moralistic writings. This work traces Defoe’s reform efforts by analyzing his religious education and those political actions that helped him to develop his beliefs. While Defoe’s writings reflect religious and moral concerns that were typical of the era and addressed by other polemicists, he differed from contemporary reformers in that he used fiction as well as essays and pamphlets to disseminate his beliefs. While other writers quickly followed suit, up until 1720, only Paul Bunyan in The Pilgrim’s Progress, published …

The Effectiveness Of Catholic College And University Student Discipline/Judicial Processes As Measured By The Recidivism Rate, Frances L. O'Reilly

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Estimates Of Nonpoint Source Pollution To Watersheds In Belize Using The Agnps Model, Philip A. Morgan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Arbuscular Mycorrhizae In Mine Revegetation As Affected By Fungal Source Plant Species And Abiotic Stress, October Seastone Moynahan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Student Perceptions Of The Impact Security Measures Have On Their High School Experience, Kenneth C. Stuker

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Qualitative Analysis For Sex Determination In Humans Utilizing Posterior And Medial Aspects Of The Distal Humerus, Veronica L. Wanek

Dissertations and Theses

Visual and metric analysis both provide accepted methods for sex determination in humans. Visual ascertainment uses differing morphological traits in males and females to establish sex. Researchers have continually sought accurate methods of sexing long bones when skulls or pelves are absent or fragmented. These long bone elements may not have sexually distinct characteristics, but tend to survive in the field quite well.

Metric analysis depends on size dimorphism between males and females to correctly assign sex. Metric methods fail where the sexes overlap or when skeletal elements cannot be assigned to their correct biological population. Under these conditions, visual …

Rurality For Whom? An Analysis Of The Country Life Movement And Its Expression In The Orchard Homes District Western Montana 1900-1930, Rebecca A. Markussen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Contrast Effects In Stereotype Formation And Change: The Role Of Comparative Context, Na Wyer, Ms Sadler, Cm Judd

School of Psychology

Two experiments investigated the way in which the presence of a comparative or inter-group context during stereotype formation affects stereotype change, induced by subsequent disconfirming information. Participants learned about a focal group, after learning about one of the two context groups. After reporting their stereotypes about both groups, participants learned additional information about the focal group. This information described new group members who either confirmed or disconfirmed the group stereotype. Consistent with previous research, participants formed more extreme stereotypes about the focal group on dimensions that distinguished it from the context group (i.e., a contrast effect). In response to the …

Standing Liberty And Other Stories, Richard Buchholz

LSU Master's Theses

This miscellany represents the pick of the vignettes, tales, and anecdotes the author has gathered and spun out over the past few years. Personal experience, with the exception of a few inessential details, is not represented. The influence of ragtime music, which played with relentless syncopation in the author's head as he composed with pencil and yellow pad, may be discernable to those who take the trouble to read the sentences aloud.

Reparations And The Colonial Dilemma: The Insurmountable Hurdles And Yet Transformative Benefits, Ediberto Román

Faculty Publications

The Seventh Annual Latina and Latino Critical Race Theory ("LatCrit") Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the inhabitants of United States' colonial territories. Specifically, the panel was titled "Reparations, Redress, and Remedies: Undoing the Legacy of Colonialism and Imperialism." Members of the academy as well as a representative of Puerto Rico's Independence Party participated in a lively discussion and debate. Although the articles resulting from this panel …

Contour Lines| An Excerpt From A Longer Work, Susan Kramer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Notes From The Motherland| Global Mothering And Othering In The Works Of Elizabeth Gaskell, Christine M. Solomon

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Who's Not Dieting In America And Who Should Be? Results From The 1994-1996 Diet And Health Knowledge Survey (Dhks 1994-1996), Emily York-Crowe

LSU Master's Theses

The rising rates of obesity and overweight are contributing to higher costs for the individual and the nation, both medically and financially. There is a greater need for education and other preventive measures, but in order to tailor such programs effectively to the individuals most in need, it is important to examine the current trends, knowledge, and practices of adults in the United States. Previous research has examined the prevalence rates and practices of specific populations and individuals in limited geographical locations but, due to obvious constraints, few nationally representative samples have been examined. This study analyzed the results of …

Plant Biotechnology I, Tissue Culture And Its Applications, Kemal Kazan

Turkish Journal of Botany

No abstract provided.

Tibetan Medical Plants, Kemal Hüsnü Can Başer

Turkish Journal of Botany

No abstract provided.

The Role Of Partnerships In Economic Development And Labor Markets In The United States, Randall W. Eberts, George A. Erickcek

Upjohn Institute Working Papers

This paper describes the role of local partnerships in the delivery of workforce and economic development services in the United States. Partnerships include both public and private organizations and increasingly depend upon local business people for leadership. With grassroots organizations traditionally taking the lead in addressing local issues and a long history of decentralized government, it is not surprising that a labyrinth of partnerships characterize the provision of public services. This paper grew out of a study tour that the Upjohn Institute conducted in conjunction with the Local Employment and Economic Development (LEED) Committee of the Organization for Economic Co-Operation …

Human Rights And Civil Litigation In United States Courts: The Holocaust- Era Cases, Samuel P. Baumgartner

Akron Law Faculty Publications

This is a comment on an article by Professor Burt Neuborne, in which he describes in detail the Holocaust assets litigation against Swiss, German, Austrian, and French corporations. In the comment, I attempt to put that litigation episode into the larger context of human rights enforcement through civil litigation in United States courts as seen from a theoretical concept drawn from international relations theory. I then try to gain some insights into such civil human-rights litigation from the Holocaust cases.

I conclude that the Holocaust-era litigation has done considerable good by creating a vast pool of assets for distribution among …