Digital Commons Network^™

What’S In A Name?, Jonathan Zittrain

Federal Communications Law Journal

Book Review: Ruling the Root, Milton L. Mueller, Cambridge, Mass.: MIT Press, 2002, 301 pages.

A review of Milton L. Mueller's Ruling the Root, The MIT Press, 2002. In the spring of 1998, the U.S. government told the Internet: Govern yourself. This unfocused order-a blandishment, really, expressed as an awkward "statement of policy" by the Department of Commerce, carrying no direct force of law-came about because the management of obscure but critical centralized Internet functions was at a political crossroads. In Ruling the Root, Mueller thoroughly documents the colorful history both before and after this moment of inflection, and gives …

Making And Keeping Regulatory Promises, Warren G. Lavey

Federal Communications Law Journal

Multiyear regulatory commitments, or their absence, are an important part of the functioning of the telecommunications services and products industries. In this Article, Warren G. Lavey argues that, under some conditions, it is both possible and beneficial for regulators to commit to a well-defined, multiyear sequence of regulatory changes. First, this Article examines several examples of how efforts for comprehensive reform fared in real multiyear implementations. It also explores how some piecemeal regulatory changes evolved into efforts for comprehensive reform based on a well-defined sequence. This Article considers the effects of multiyear regulatory promises through analysis of several regulatory actions …

The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota

Federal Communications Law Journal

Both the Child Pornography Prevention Act ("CPPA") and the Child Online Protection Act ("COPA") were intended by Congress to protect minors. The CPPA was intended to protect minors from the harmful effects of virtual child pornography. The COPA was intended to protect minors from pornography currently available commercially on the World Wide Web. However, in 2002, the U.S. Supreme Court addressed the constitutionality of both statutes: The Court struck down sections of the CPPA as overbroad and unconstitutional in Ashcroft v. Free Speech Coalition. In Ashcroft v. ACLU, the Court upheld some sections of COPA as not unconstitutionally overbroad, but …

Does Palazzolo V. Rhode Island's Upholding Of The Transferability Of Takings Claims Require A Rethinking Of Takings Jurisprudence, Tyrone T. Bongard

North Carolina Law Review

No abstract provided.

Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi

Federal Communications Law Journal

One issue that is often overlooked in the capital punishment debate is the policy to shield the public from the specifics of the application, administration, and resolution of the death sentence. First, this Note provides a brief historical and analytical account of capital punishment in this country, and ultimately argues that this historical backdrop forces courts to characterize regulations as content-based distinctions on free speech. Second, this Note provides a background of the methods of capital punishment from the time of the country's founding through the early parts of the twentieth century. Furthermore, this Note will address the emergence of …

Enhancing Competition:Are Proposed Federal Communications Commission Rules That Treat Local Exchange Carrier Access To Multiple Tenant Environments A Taking?, Kathryn Gordon

Federal Communications Law Journal

The Telecommunications Act of 1996 marked a fundamental change in the attitudes of Congress and the Federal Communications Commission toward local telephone exchange carrier policy. This change affected local exchange carriers in many ways, including their relationships with the owners of multiple tenant environments, such as office buildings and apartment complexes. Under the Act, FCC rulemaking increased competitive local exchange carriers' access to the facilities of incumbent local exchange carriers by removing competition barriers. However, owners of of multiple tenant environments can also act as barriers to local exchange carrier competition. This Note will first review the general purpose behind …

Geoelectrical Response Of An Aged Lnapl Plume: Implications For Monitoring Natural Attenuation, Douglas D. Werkema Jr.

Dissertations

The geoelectric stratigraphy at a site impacted with light non-aqueous phase liquids (LNAPLs) is investigated for its link to natural biodegradation, its contribution to the conductive model for aged (i.e. mature) LNAPL contaminated sites, and the relationship to the natural hydrologic regime. The highest conductivities (lowest resistivities) were observed in portions o f soils where LNAPL was in residual and free phase. Corroborating evidence from bacteria enumeration from soil close to the vertical resistivity probe (VRP) installations show orders-of-magnitude increase in both heterotrophic and oil degrading microbes at the depths where the conductivity was at a maximum. The coincidence o …

Constitutional Prohibition On The Execution Of The Mentally Retarded Criminal Defendant, Lyn Entzeroth

Tulsa Law Review

No abstract provided.

Befogged Vision: International Environmental Governance A Decade After Rio, Nicholas A. Robinson

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction: Communities In Crisis, Susanna Trnka

Pacific Studies

This introduction sets the stage for a volume of essays exploring the social, political, and cultural upheavals experienced in Fiji during and after the May 2000 coup led by George Speight. While media and political discourse have largely focused on national-level implications and ethnic divisions, this collection shifts attention to grassroots perspectives, highlighting how ordinary citizens experienced and interpreted the crisis. Drawing on ethnographic fieldwork conducted during or shortly after the coup, contributors examine local discourses, community reactions, and the reconfiguration of identities and power dynamics. The introduction contextualizes the coup within Fiji's broader history of political instability, including the …

Disjunctures In Discourse: Emerging Identities After The 2000 Coup In Rakiraki, Fiji, Karen J. Brison

Pacific Studies

This essay examines the way the coup of 2000 crystallized a new ethnic identity among Rakiraki villagers based on opposition to dominant groups within the Fijian ethnic community. The most obvious source of support for the coup was fear and resentment of Indo-Fijians, and it was evident that the coup both drew on and catalyzed such resentments. However, listening to villagers' reactions convinced me that they also supported the coup because they saw it as an attempt by a western Fijian (Speight, whose mother was rumored to be a Ra woman) to overthrow a Bauan-Lauan monopoly on government power, as …

Taukei-Vulagi Philosophy And The Coup Of 19 May 2000, Tui Rakuita

Pacific Studies

This essay analyzes how the 19 May 2000 civilian coup in Fiji drew upon an indigenous philosophy of taukei-vulagi (native-foreigner) relations to mobilize support for the antigovernment rebels. Fears of political disempowerment—grounded in the political realities of the Chaudhry government as well as in political propaganda—led many "ordinary" Fijians to support the motives, if not the methods, of the coup. The coup itself, I conclude, can best be understood as a manifestation of the friction between two categories of Fijians—old guards associated with the colonial era and the educated marginalized elite—with Indo-Fijians (contrary to their wishes) dragged in to establish …

What Is And Is Not Pathological In Criminal Law, Kyron Huigens

Michigan Law Review

In a recent article in this law review, William J. Stuntz argues that criminal law in the United States suffers from a political pathology. The incentives of legislators are such that the notorious overcriminalization of American society is deep as well as broad. That is, not only are remote corners of life subject to criminal penalties - such things as tearing tags off mattresses and overworking animals - but now crimes are defined with the express design of easing the way to conviction. Is proof of a tangible harm an obstacle to using wire and mail fraud statutes to prosecute …

Remarks Of Chief Justice William H. Rehnquist - Notre Dame Law School - September 13, 2002, William H. Rehnquist

Notre Dame Law Review

No abstract provided.

When Did The Articles Of Confederation Cease To Be Law, Vasan Kesavan

Notre Dame Law Review

No abstract provided.

In Defense Of Southland: Reexamining The Legislative History Of The Federal Arbitration Act, Christopher R. Drahozal

Notre Dame Law Review

No abstract provided.

Pornography And Land Use Planning, Christine Oosterhous

Master's Projects

The major considerations on this subject for a court are whether any limitation on adult uses is based on content, or whether it is based on the secondary effects of these uses on the surrounding community. There have been a number of instances in the last years in which federal courts have found adult use zoning restrictions to be acceptable, if they have been motivated by a desire to protect neighborhood quality, as contrasted with impermissible desire to ban the message purveyed by the adult uses.

For jurisdictions, zoning is the first line of defense in regulating sexually oriented uses. …

Catholic Deaf Newsletter, Winter 2002

Catholic Deaf Newsletter

A newsletter published for Deaf Catholics in Providence, RI

Catholic Deaf Newsletter Finding Aid

The Effect Of Background Information On The Identity Formation And Self-Concept Of Adoptees, Molly Susan Dye

All-Inclusive List of Electronic Theses and Dissertations

Adoptees are over represented in clinical populations. Issues of self-concept, identity formation and the search for background history may be of particular relevance to adoptee clients and could be addressed as a focus of treatment. This study attempted to assess if lack of knowledge about background information is related to poorer selfconcepts and increased difficulty with identity formation in adoptees. Adults (N=299) who were adopted prior to 6 months of age were recruited from adoption related sites on the Internet. Measures of self-concept, identity formation and adoption related factors were completed on a web page designed for this study. Results …

Transfer Trauma Following A Community Evacuation Of The Institutionalized Elderly, Marlys J. Bratteli

Theses and Dissertations

This study examined the impact of evacuation on the institutionalized elderly following the 1996–97 Greater Grand Forks flood. Older adults, living in two long-term care facilities, were evacuated to temporary shelters. Later moved to other long-term care facilities or to the homes of family members, they experienced multiple moves. In order to learn what impact the evacuation had on the institutionalized elderly, two major questions were studied. These were: (1) What were the experiences of the institutionalized elderly during the evacuation? (2) What were the coping strategies used by the institutionalized elderly?

Data were gathered using triangulation: interviews, observation and …

The Effects Of Class Size On Student Performance In Reading In The Primary Grades, Dotti S. Dixon

Theses and Dissertations

The purpose of this study was to examine the effect of class size on reading achievement of primary grade students in the Bismarck (North Dakota) Public Schools. Data for the study included using scores from the Gates-MacGinitie Reading Test (Fourth Edition). The results on the Gates-MacGinitie Reading Test were analyzed according to grade, gender, socioeconomic status, race, and class size. Students in the study were identified as having been in either small classes (17 or less) or large classes (22 or more). Three years of data (1999–2002) were analyzed as part of the small class study. A second source of …

Distribution, Co-Occurrence, And Land Cover Association Patterns Of Five Forest-Breeding Neotropical Migrant Birds In Middle Tennessee, J. Russell Butler

The Migrant - Tennessee Ornithological Society

No abstract provided.

Middlewestern Prairie, Kenneth J. Brock

North American Birds

No abstract provided.

Southern Atlantic Coast, Ricky Davis

North American Birds

No abstract provided.

Alaska, Thede Tobish

North American Birds

No abstract provided.

Great Basin, Rick Fridell, Steve Summers

North American Birds

No abstract provided.

Middle Atlantic Coast, Marshall J. Iliff

North American Birds

No abstract provided.

Hudson-Delaware, Robert O. Paxton, Joseph C. Burgiel, David A. Cutler

North American Birds

No abstract provided.

Response Surface Methodology Of Die-Sink-Electro-Discharge Machined Surfaces, Bhairav Mehta

Theses

The performance of most manufacturing processes depends on numerous parameters and their interactions. Most of the time, selection of an appropriate set of machining parameters is done based on experience, trial and error or both. Electro-discharge machining (EDM) process is complicated and random in nature. The large number of parameters and the inherent complexity of removal mechanism taking place in EDM make it even more difficult to select machining conditions for optimal performance. The objective of this study is to provide information on the relationships between the key input variables and resultant surface roughness and to develop a response model …

Do Antitakeover Defenses Decrease Shareholder Wealth? The Ex Post/Ex Ante Valuation Problem, Lynn A. Stout

Cornell Law Faculty Publications

Over the past two decades, academics have generated a large empirical literature examining whether antitakeover defenses like poison pills or staggered board provisions decrease the wealth of shareholders in target corporations. Many studies, however, rely primarily on ex post analysis-they consider only how antitakeover defenses (ATDs) influence shareholder wealth after the corporation has been formed and, in some cases, long after the ATD was adopted. This Response argues that it may be impossible to fully understand the purpose or effects of ATDs without also considering their ex ante effects. In particular, ATDs may increase net target shareholder wealth ex ante …