Digital Commons Network^™

The United States Of America And The International Criminal Court, Diane Marie Amann, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris

Faculty Scholarship

In medical malpractice litigation, how the standard of care is determined is of obvious importance, since failure by a defendant-physician to meet the relevant standard of care constitutes negligence. Any effort to reform how standard-of-care determinations are made should start with an understanding of the entire claims resolution process. The usual image--that of opposing experts testifying at trial--is both incomplete and misleading. Most cases are either settled by the parties or abandoned by the plaintiff, short of trial. We reviewed insurers' closed claims files, representing a sample of medical malpractice lawsuits filed in North Carolina between 1991 and 1995, as …

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Does Federalism Advance Liberty?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young

Faculty Scholarship

The European Union's ongoing "Convention on the Future of Europe" must tackle a fundamental issue of federalism: the balance between central authority and Member State autonomy. In this article, Ernest Young explores two strategies for protecting federalism in America - imposing substantive limits on central power and relying on political and procedural safeguards - and considers their prospects in Europe. American experience suggests that European attempts to limit central power by enumerating substantive "competencies" for Union institutions are unlikely to hold up, and that other substantive strategies such as the concept of "subsidiarity" tend to work best as political imperatives …

Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer

Faculty Scholarship

This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …

Comment: Federalism And Two Conceptions Of Rights, Christopher J. Peters

All Faculty Scholarship

No abstract provided.

The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.

Faculty Scholarship

One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …

Performance Of Fisheries Sector Planning In Bangladesh, S Rahman, Kk Ahmed

School of Geography, Earth and Environmental Sciences

The overall planning performance of the fisheries sector in Bangladesh over the past three decades was evaluated. Performance has been unsatisfactory largely due to contiguous overestimation of the planning targets and the existence of serious financial, technological, institutional and social constraints. Despite the remarkable growth in export earnings and a stable GDP contribution of 3.2–5.6%, budget allocations remained extremely low (0.7–1.4% of total outlay) in subsequent plan periods. Production from marine fisheries performed satisfactorily with slow growth in recent years, while inland fisheries with initial poor performance showed improvements from the mid-1980s owing to increased productivity in culture fisheries, particularly …

The Development Of Party Systems And The Determinants Of Partisan Voting In English Local Government Elections 1973-1998, Lawrence Ware

School of Law, Humanities and Social Sciences Theses

This thesis takes a quantitative approach to the study of the development of party systems in English local government following its reorganisation in the early 1970s. Aggregate data, including local election results and census information, are used to identify the determinants of partisan support and the subsequent effects upon variations in local party systems. The study develops the first major classification of local party systems between 1973 and 1998, focussing principally upon factors accounting for variations in the evolution of such systems. This study provides the first clear evidence that the operation of local electoral systems contributes towards the production …

Locating Moral Responsibility For War Crimes : The New Justiciability Of 'System Criminality' And Its Implications For The Development Of An International Polity, Samantha Jane King

School of Law, Humanities and Social Sciences Theses

This thesis examines the question of international responses to system criminality. It argues that the assignation of moral responsibility, expressed in the act of prosecuting individuals, expresses a fundamental conceptual shift towards an international polity. Although political rhetoric, the media and international legislation express the moral dimension of system criminality, the character of humanitarian law and the contingency of its operation is the most concrete indicator of such a development. The status of an embryonic international polity becomes particularly evident- with `individual responsibility' being a criminally liable offence, as set against `collective responsibility' which entails `civil', (non-penal) liabilities. However, the …

'Consuming Children' : A Sociological Analysis Of Children's Relationship With Contempory Consumer Culture, Julie Marianne Evans

School of Law, Humanities and Social Sciences Theses

The aim of this thesis is to identify and understand children's relationships with the world of consumption. Through the children's own narratives a picture emerges of the mediating properties of consumer goods in their wider social and personal friendships. Living in what could be described as a materially divided society this project explores how children make sense of those inequalities and what their experiences are in understanding their own socio-economic position compared to others and how it impacts on their relationships to consumer culture. A particular concern is that such relationships may be more complicated than they seem on the …

Recognizing Or Disregarding Close Personal Relationships Among Adults? The Report Of The Law Commission Of Canada And The Federal Income Tax, David G. Duff

All Faculty Publications

Beyond Conjugality, the Report of the Law Commission of Canada on close personal relationships among adults, reviews a number of federal statutes in which legal consequences turn on specific kinds of relationships among adults, and it proposes a new methodology for assessing existing or proposed legal rules that employ relational terms in order to accomplish their objectives. This comment on the Report addresses its most significant recommendations regarding personal income taxation and income support in Canada: that the tax credit for spouses and common law partners should be repealed and that the GST credit should be fully individualized. Questioning both …

Positive Democracy: Reconciling Sir Isaiah Berlin's Conception Of Positive Liberty With Democratic Theory, Andrew L. Campbell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Octofoil, January/February 2002, Ninth Infantry Division Association

The Octofoil

The Octofoil is the offical publication of the Ninth Infantry Division Association, Inc., an organization formed by the officers and men of the 9th Infantry Division in order to perpetuate the memory of fallen comrades, preserve the esprit de corps of the Division, promote peace and serve as an information bureau about the 9th Infantry Division. The Association is made up of 9th Infantry veterans from WWII and Vietnam, spouses, widows and lineal descendants.

"Just Trying To Spread The Groove" Creating And Sustaining Community Online At Phishhook.Com, Daniel J. Lair

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

No. 1 - Legal Systems In Transition, Ivana Janu, Josef Bejcek, Gabriel M. Wilner

Occasional Papers Series

A January 24-28, 2000 visit by Justice Ivana Janu, Dean Josef Bejcek, and some of the Czech colleagues to the Dean Rusk Center and the University of Georgia provided an occasion for the exchange of ideas concerning transition in the legal structure and content in the former Socialist states of central and eastern Europe. Justice Janu and Dean Bejcek prepared papers and agreed to their publication. The availability of these two important papers, one on constitutional courts and the other on transitions in commercial law, rendered to the Rusk Center the necessary impetus for the creation of the Occasional Papers …

Development Of An Online Medical/Surgical Course For Selected Students At Aurora University, Vi Wilkes

Abraham S. Fischler College of Education ETD Archive

The problem was that several students in the baccalaureate nursing program at Aurora University (AU) experienced problems fitting required courses into their schedules. These students requested an alternative to class attendance in the course, Nursing Care of Person with Acute Health Problems (NUR 380). The purpose of this practicum was to develop an online version of NUR 380 for selected students enrolled in the nursing program at AU. Two research questions for this study were (a) what is the best design for the online course? And (b) can this method of delivery be partially integrated into the traditional classroom?

.Six …

A Study To Determine The Relationship Between Where African American Students Graduated High School In New Jersey And Their Participation In Co-Curricular Activities In College, Jocelyn D. Briddell

Abraham S. Fischler College of Education ETD Archive

African American women at Douglass College do not seem to be involved in mainstream campus organizations and activities. It has been suggested the students who come from urban areas in New Jersey are less involved in co-curricular activities because of a lack of state funding. Therefore, the purpose of this study is to determine whether there is a relationship between where African American Douglass women graduated from high school in New Jersey and their participation in co-curricular activities.

There was one research question for this study: Is there a relationship between student participation in co-curricular activities based upon whether the …

An Evaluation Of The Professional Development Of Credentialed Ministers Of The Assemblies Of God In Victoria, Australia, Brendan Roach

Abraham S. Fischler College of Education ETD Archive

The Assemblies of God (AOG) in Victoria is a diverse fellowship of Churches, ministers, and non-Church organizations. The fellowship has been growing in numbers and diversity significantly over the last 20 years. This diversity has made it increasingly difficult to run training programs that are relevant to individual needs. The problem is that the perceived professional development needs of AOG in Victoria ministers are unknown. It is also unknown if past professional development programs have met the perceived needs of the ministers.

The purpose of this study was to evaluate the perceived needs of credentialed ministers of the AOG in …

Development Of An Accounting Curriculum For The Devry Institute Of Technology, Arthur A. Gillis

Abraham S. Fischler College of Education ETD Archive

The problem is that the DeVry Institute of Technology (DeVry) has been unable to market its accounting program effectively since its curriculum is not current and lacks computer applications. The purpose of the project is to develop an accounting curriculum that is professionally current and includes computer applications.

There were six research questions that needed to be answered in this study. First, what learning objectives should be included in each of the six core accounting classes; second, what will constitute valid measurements as to the learning objectives; third, what recommendations should be included in the applicable curriculum guides for the …

Development, Implementation, And Evaluation Of A Study Abroad Program In Rome, Italy For Mount Mary College, Yvonne M. Hennigan

Abraham S. Fischler College of Education ETD Archive

The problem addressed in this project was that although Mount Mary College wants enrolled students to have an international experience, the college seeks also to prevent the loss of tuition when students study abroad. The mission of the all women Catholic college was committed to the development of the whole woman. The vision of the college was to educate women to transform the world.

The conflict between the president of the college wanting students to study abroad and the loss of revenue when students leave to study abroad was serious and problematic. The purpose of the project was to provide …

Development Of Adapted Yoga Program For Symptom Relief Of Chronic Pelvic Pain Syndrome With Plans For Implementation And Evaluation, Wendy Lou Gross

Abraham S. Fischler College of Education ETD Archive

The purpose of this study was to develop an adapted yoga program for chronic pelvic pain syndrome (CPPS) and to plan for the implementation and evaluation at the Community Wellness Center of the Palm Beaches. The problem is that a significant number of men a re suffering from CPPS.

Five research questions were addressed. What are the appropriate contents of an adapted yoga program for relief of symptoms associated with CPPS? What is the appropriate design? What are effective methods to raise awareness? How should the proposed program be implemented? What are the appropriate criteria for an evaluation of the …

Development And Evaluation Plans Of A Denominational Program To Equip Local Church Leaders With Creative Thinking And Problem Solving Techniques, Richard C. Harris

Abraham S. Fischler College of Education ETD Archive

The problem investigated within the Free Methodist Church was that church leaders (pastors and lay leaders) lacked skills in how to proactively engage churches in creative thinking and problem solving. The purpose of this project was to develop a program to help church leaders improve creative thinking and problem-solving skills and to design a plan for evaluating such a program.

There were four comprehensive research questions for this study. The first was "What is the subject matter of a comprehensive program for developing in church leaders the skills and attitudes needed to improve creative thinking and problem solving? The second …

Development Of A Marketing Plan To Increase Enrollment At Windward Islands School Of Evangelism, With Plans For Implementation And Evaluation, Simeon Norton

Abraham S. Fischler College of Education ETD Archive

The problem under investigation was the low enrollment at the Windward Islands School of Evangelism (WISE), although WISE offers full scholarship to all applicants who are accepted. After 21 years of existence in the Caribbean, and offering a program with assistance that no other institution in the region offers, the student enrollment at WISE ought to be higher than what it has been. The purpose of this project was to develop a marketing plan that will render assistance to the alleviation of the problem of low student enrollment at WISE.

Five research questions guided this Applied Dissertation. First, "What are …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The Progress Of Passion, Kathryn Abrams

Michigan Law Review

Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal …

Poverty And Equality: A Distant Mirror, Gene R. Nichol

Michigan Law Review

In one sense, Joel Schwartz's new effort, Fighting Poverty with Virtue, is tremendously timely. Bill Clinton's Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was designed to "end welfare as we know it," turning greater attention to poor people's habits than to their pocketbooks. George Bush's compassionate conservatism is meant to pick up the pace, overtly seeking "to save and change lives." The White House's ominously entitled "Office of Faith-Based and Community Initiatives" is apparently set to unleash new waves of moral reformers. Schwartz's book seeks to provide moral, philosophical and historical sustenance for these initiatives. He focuses on …