Digital Commons Network^™

Improving The Quality Of Care In Nursing Homes: Class Action Impact Litigation, Kimberly L. Intagliata

University of Colorado Law Review

No abstract provided.

An End To Gene Patents? The Human Genome Project Versus The United States Patent And Trademark Office's 1999 Utility Guidelines, Mary Breen Smith

University of Colorado Law Review

No abstract provided.

Conservatives And The Seven Sins Of Judicial Activism, William P. Marshall

University of Colorado Law Review

No abstract provided.

New Laws, New Technology: Copyright Law Struggles With Change, Mary Lafrance

Scholarly Works

This article examines the development of copyright law in 2000 and 2001.

Uncharted Terrain: The Intersection Of Privatization And Welfare, Rebecca L. Scharf, Henry Freedman, Mary R. Mannix, Marc Cohan

Scholarly Works

Welfare, a mainstay of legal services practice, is cutting edge again. Clients need help negotiating a system that devolution, discretion, and privatization have changed radically. Public officials need help in this new environment to "get it right," so that programs achieve the laudable goals ascribed to them.

Privatization creates special challenges for welfare advocates. New players, ranging from neighborhood nonprofit organizations to churches to multinational corporations, are making decisions that affect clients' vital interests. New legal issues, ranging from state action to public contracting compliance, can arise. Accountability and transparency, difficult to achieve in the governance of traditional welfare programs, …

“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin

Scholarly Works

In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …

The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper

Scholarly Works

In this Article, Professor Frank Rudy Cooper provides a cultural studies approach to the encoding and decoding of the drug war that will allow us to draw important conclusions about the effects of the drug war on the Court. In Part I of this Article, he describes how the field of cultural studies reads popular culture through the analytical tools of "encoding" and "decoding." In Part II, he analyzes why and how law enforcement has encoded the drug war as requiring increased prosecution of drug users and drug dealers. In Part III, he considers how the Court's decoding of law …

Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper

Scholarly Works

Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom.

Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is especially valuable because her symbiosis theory expands identity theory. Ehrenreich turns our attention to the subjectivities of those who are partly subordinated but mostly privileged-those who accept their own oppression in return for the "compensation" of being able to use the law to subordinate others. Nonetheless, symbiosis theory …

Exploring The Potential Of Geographic Information Systems To Convey The Historical Geography Of Battlefields (An Iwo Jima Example), Raymond C. Backstrom

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Genus, Benjamin Bloch

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett

Richmond Journal of Law & Technology

Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …

Bloom V. Commonwealth: Identifying The Face Behind The Instant Message, Jessica Clair Cobaugh

Richmond Journal of Law & Technology

"You have an instant message from Naturalbornkiller2000. Would you like to accept it?" A similar message to this one flashes on computers throughout the United States and the world, inviting computer users to "chat" or "IM" with friends, family and perfect strangers alike. While the opportunity to engage in real-time conversation over the Internet provides an interesting and often less expensive way to keep in touch with friends or to meet new people, instant messages and other Internet communications increasingly appear as a means for adults to interact inappropriately with young children. The use of Internet communication for the solicitation …

World Trade, Intellectual Property, And The Global Elites: An Introduction, Peter K. Yu

Faculty Scholarship

Extract:

Traditionally, intellectual property lawmaking is a matter of domestic affairs. Without external interference, governments make value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. Combined together, these disparate judgments form an intellectual property system that is tailored to the country's level of wealth, economic structure, technological capability, political system, and cultural tradition.

To protect authors and inventors, governments sometimes need to make adjustments to their intellectual property systems in exchange for better protection abroad. In those scenarios, policymakers often evaluate the adjustments carefully to make sure that they correspond …

Bridging The Digital Divide: Equality In The Information Age, Peter K. Yu

Faculty Scholarship

The digital revolution has transformed the lives of many, but also has left untouched the lives of many others. As a result, a large segment of the world population misses out on the tremendous political, social, economic, educational, and career opportunities created by the digital revolution. This gap between the information haves and have-nots is commonly referred to as the digital divide.

Although evidence suggested that the digital divide in the United States is closing, the same is not true for the less developed countries. In light of the alarming disparities between the information haves and have-nots, the Howard M. …

Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu

Faculty Scholarship

Countries differ in terms of their levels of wealth, economic structures, technological capabilities, political systems, and cultural tradition. No two countries have the same needs or goals. As a result, policymakers face different political pressures and make different value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. These uncoordinated judgments eventually result in a conflicting set of intellectual property laws around the world.

As countries become increasingly interdependent in this globalized economy, these conflicting laws create tension and sometimes result in disputes. To minimize differences and prevent conflicts, countries use …

2001 Annual Report Of The Town Of Alton In The County Of Belknap, State Of New Hampshire., Alton Town Representatives

Alton, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Faculty Scholarship

Introduction Extract:

The Skeptical Environmentalist: Measuring the Real State of the World by Bjorn Lomborg' is the most talked about environmental book in recent memory. Lomborg's central thesis is relatively straightforward: "Our doomsday conceptions of the environment are not correct." To the contrary, in recent decades humanity's lot has "improved in terms of practically every measurable indicator." Lomborg is not the first author to make this argument,4 but his book is the first to spark such a maelstrom of public attention. Its publication ignited controversy and debate on both sides of the Atlantic. Lomborg himself, an associate professor of statistics …

Principles For Water, Andrew P. Morriss, Bruce Yandle, Terry L. Anderson

Faculty Scholarship

Water issues are often contentious. How much water can one individual use? What must the water quality of water returned from use be? How much water must be allocated to uses such as maintaining sufficient instream flows for aquatic species? For the last century, the United States has largely such answered questions through command and control regulatory schemes rather than through markets and common law dispute resolution processes. The choice of regulation by institutions over other mechanisms has meant a reliance on centralized decisionmaking and a rejection of both the market's more decentralized institutions and the common law.

Recently, water …

The Lawyers' Role In Selecting The President: A Complete Legal History Of The 2000 Election, Lynne H. Rambo

Faculty Scholarship

This Article presents the factual and legal history of Bush v. Gore, in the detail that is warranted for a case of this magnitude and complexity. Part One sets forth the legal framework within which the case unfolded, acquainting the reader with the breadth of Florida and federal law that governed the controversy. Part Two reviews what happened--the factual and legal developments from the time Gore requested manual counts in four Florida counties through the Supreme Court's decision ending the statewide recount the Florida Supreme Court had ordered--and focuses on the attorneys' arguments at each stage. Part Three then …

In The Presence Of Buffalo| Working To Stop The Yellowstone Slaugher, Daniel M. Brister

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Obsessive-Compulsive Symptoms And The Cognitive Effects Of Being Weighed In A Restrained Eating Population, Suzanne M. Kodya

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Microbial Community Production And Tolerance In Heavy Metals Polluted Sediment, Christian D. Frazar

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Information And Communication Technology In Education: Toward Building A Literacy Program., Bryan A. Hansen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"Of Being Numerous" And The Romantic Poetics Of George Oppen, Joshua D. Hanson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Bringing Online Learning To Campus: The Hybridization Of Teaching And Learning At Brigham Young University, Gregory L. Waddoups, Scott L. Howell

Faculty Publications

The primary purpose of Brigham Young University (BYU) is to provide students with a combination of sacred and secular education often described as the BYU experience. Achieving this purpose is challenged by the rapid growth in Church membership and an enrollment cap of 30,000 students. To address these challenges, BYU sponsors the use of technology to bridge the gap between the increased Church membership and the number of students allowed under the enrollment caps. This institutional case study shows how these challenges have influenced the hybridization of teaching and learning for on campus (resident) and off campus (distance) students. It …

Evaluation Of A Compound Probability Model With Tower-Mounted Scatterometer Data, David G. Long, Benjamin E. Barrowes

Faculty Publications

Six months of data from the YSCAT94 experiment conducted at the CCIW WAVES research platform on Lake Ontario, Canada, are analyzed to evaluate a compound probability model. YSCAT was an ultrawideband small footprint (ap 1 m) microwave scatterometer that operated at frequencies of 2-18 GHz, incidence angles from 0° to 60°, both h-pol and v-pol, and which tracked the wind using simultaneous weather measurements. The probability distribution function of the measured instantaneous backscattered amplitude (p(a)) is compared to theoretical distributions developed from-the composite model and a simple wave spectrum. Model parameters of the resulting Rayleigh/generalized lognormal distribution probability density function …

A Theory Of Imperial Law: A Study On U.S. Hegemony And The Latin Resistance, Ugo Mattei

Faculty Scholarship

No abstract provided.

The Changing Professional Environment And The Ideal Of General Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Tweaking The Market For Autonomy A Problem Solving Perspective To Informed Consent In Arbitration, Clark Freshman

Faculty Scholarship

No abstract provided.

The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner

Faculty Scholarship

No abstract provided.