Digital Commons Network^™

Mixed Signals: The Limited Role Of Comparative Analysis In Constitutional Adjudication

San Diego Law Review

Judges and academics are divided as to whether the resolution of constitutional disputes must turn wholly on domestic inputs or if there is in fact any room in United States constitutional jurisprudence to learn from the experiences of other nations. Objections to the practice

premised upon the assertions that constitutional solutions should derive from purely domestic sources and that fundamental differences in constitutional systems will render attempts to transplant solutions ineffective. The purpose of this discussion is to show (1) that courts do in fact use comparative analysis in the interpretation of the Constitution, (2) that courts use foreign materials …

Lake Lookover Prop. Owner's Ass'n V. Olsen, 791 A.2d 270 (N.J. Super. Ct. App. Div. 2002), Stefania Niro

Water Law Review

No abstract provided.

Website Reviews/Poetry/Tributes, Water Law Review

Water Law Review

No abstract provided.

The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell

Richmond Journal of Law & Technology

On July 19, 2001, and again on July 31, 2001, the United States Government was attacked by a worm. The Code Red worm, a malevolent computer program, spread across the Internet impacting thousands of computers globally. The initial target of the Code Red worm was the White House website. Just days after the terrorist attacks in New York, Washington D.C., and Pennsylvania on September 11, the Nimda virus was unleashed on the Internet. By consuming up to ten percent of the Internet's capacity, Nimda quickly received the distinction as the worst computer infestation to date.

The Rhetoric Of Legality Vs. The Rhetoric Of Morality : Seeing Justice Through The Eyes Of Dramatic Works, Hannah C. Bate

Honors Theses

Seeing Justice Through the Eyes of Dramatic Works

Nationalism And The Public Sphere : Debating The Limits Of Patriotism In Popular Music Since September 11th, Mark Melvin

Honors Theses

At various historical moments, music has been a part of change and movement within social dynamics. From minstrels entertaining the courts of kings to plantation slaves singing spirituals of emancipation, the localities of music are diverse and ever shifting. Music is, and always has been, forming and reforming dynamic relationships with culture, art, and politics. With the emergence of mass media and mass distribution in the 20th century, music has become more than an art form that can only be experienced by a live audience; consequently, music has formed even more unique relationships within the cultural, artistic and political spheres. …

Complement Resistance In Agrobacterium Tumefaciens Isolates, Michael E. Mccormick

Honors Theses

The word "pathogen" ofen brings to mind morose images and other words such as "illness," "malaria," and "outbreak": words associated with animal pathogens, in particular, the ones that make us humans sick. However, some pathogens also affect another major kingdom, plants, and one of the more devastating pathogens to the plant kingdom is the bacteria Agrobacterium tumefaciens. This organism has a Type IV Secretion System that allows it to transfer a piece of t-DNA into the host cell; this DNA integrates into the eukaryotic genome and establishes in ction by utilizing the host's transcription machinery. This unique and effective means …

Indigenous Peoples, American Federalism, And The Supreme Court, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

As America breathes a sigh of relief in the afterglow of the pyrotechnics associated with the first post-September 11 July 4, pondering its global status as as the leading agent in its self-­proclaimed "War on Terrorism," and its domestic situation with a "War on Federalism" raging between the Supreme Court's redefined notion of states' rights and federal authority, it seems a propitious time to ask where indigenous nations fit in this warlike atmosphere, given that the history of Indian/U.S. relations involved a fair amount of war-related activities.

Renewable Energy Sources For Development, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Renewable energy resources hold great promise for meeting the energy and development needs of countries throughout the world. This promise is particularly strong for developing countries where many regions have not yet committed to fossil fuel dominance. Solar photovoltaic and solar thermal technologies are particularly advantageous for serving the two billion people in rural areas without grid electricity. Modern biomass energy is attractive because it uses locally available agricultural wastes. Wind energy and small hydroelectric resources also are mature technologies well suited to developing countries. Such renewable resources are far more economical than traditional energy resources, especially where the costs …

Dean's Foreword, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This issue of the Pace Environmental Law Review contains a description of this emerging field of law and the response of the academic and legal community to it. As Professor Nolon reports in his introduction, we found eloquent coherence in these laws and saw how they fit together to form a comprehensive whole. We examined state statutes that authorized local governments to adopt environmental laws and discovered that they were diverse in nature but prevalent in many states. We also found state court decisions that upheld local environmental laws against the challenges of regulated property owners. We were troubled by …

State Of Tennessee Annual Statistical Report Of The Department Of Education For The Scholastic Year Ending June 30, 2001, Tennessee. Department Of Education.

Annual Statistical Report

No abstract provided.

What Needs Fixing?: "So Obvious, And So Easily Done", Burnele V. Powell

Hofstra Law Review

No abstract provided.

The Fair Housing Act And Insurance: An Update And The Question Of Disability Discrimination, John F. Stanton

Hofstra Law Review

No abstract provided.

The Alien Tort Claims Act And Section 1983: The Improper Use Of Domestic Laws To "Create" And "Define" International Liability For Multi-National Corporations, Samuel A. Khalil

Hofstra Law Review

No abstract provided.

Preventing "Senseless" Arrests: Searching For A Constitutional Resolution Of Atwater V. City Of Lago Vista, Matthew Minerva

Hofstra Law Review

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Individual Justice In Mass Tort Litigation: Judge Jack B. Weinstein On Choice Of Law In Mass Tort Cases, Scott Fruehwald

Hofstra Law Review

No abstract provided.

Brief Amici Curiae Of Thirty-Three Media Scholars In The St. Louis Video Games Case, With Introduction By Marjorie Heins, Marjorie Heins, Joan E. Bertin

Hofstra Law Review

No abstract provided.

Iron Phosphate Glass For The Vitrification Of Ineel Sodium Bearing Waste And Hanford Low Activity Waste, Robert Douglas Leerssen

Masters Theses

"The current study investigates the feasibility of using iron phosphate glass for the immobilization of nuclear wastes that have limited solubility in the current borosilicate glass used for vitrification. These wastes contain elements such as sulfur and phosphorus, which have proven problematic (causing phase separation at >1 wt%) for vitrification in borosilicate glasses, as well as having a high soda content (50-75 wt%) which also limits wasteloading"--Abstract, page iv.

Can Mainers Afford To Pay For Long-Term Care As The "Baby Boom" Generation Ages?, Julie T. Fralich Mba

Disability & Aging

Long-term care services for older adults represent a significant share of total health care spending and this share is expected to increase as the "baby boom" generation continues to age. Unlike the broad coverage provided for other kinds of health care services, private insurance policies and Medicare cover only a small portion of total long-term care services.

Vertex-Unfoldings Of Simplicial Manifolds, Erik D. Demaine, David Eppstein, Jeff Erickson, George W. Hart, Joseph O'Rourke

Computer Science: Faculty Publications

We present an algorithm to unfold any triangulated 2-manifold (in particular, any simplicial polyhedron) into a non-overlapping, connected planar layout in linear time. The manifold is cut only along its edges. The resulting layout is connected, but it may have a disconnected interior; the triangles are connected at vertices, but not necessarily joined along edges. We extend our algorithm to establish a similar result for simplicial manifolds of arbitrary dimension.

Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein

Faculty Scholarship

This article discusses the role of cognitive bias in legal decision making. Drawing on research in cognitive science and law, it explores the impact of cognitive bias on both lawyers and clients. These often subtle mental biases can lead to pervasive errors in decision making by causing us to ignore important information and make inaccurate predictions. They may lead a client to underestimate the risk of litigation. They may also lead a lawyer to miscategorize a client's value choice as a misjudgement of fact. The article offers illustrative stories of the impact of bias on both client and lawyer and …

Testing The Promise Of The Churches: Income Inequality In The Opportunity To Learn Civic Skills In Christian Congregations, Philip Schwadel

Department of Sociology: Faculty Publications

Political researchers point to church activities as a major avenue for lower-class individuals to learn the civic skills necessary for many forms of political participation, the skills that higher-status individuals learn through education and occupation. This article tests this theory through multilevel analyses of the effects of both individual income and average congregational income on three measures of participation in church activities and organizations that offer participants the opportunity to learn and exercise civic skills. The results show that churches are only slightly stratified when it comes to members’ participation in charity, public policy, or social justice organizations within the …

Reviews In French From L’Année Sociologique (1896-1905) Of Books, Monographs And Articles Published In English: A Chronological List., Michael R. Hill

Department of Sociology: Faculty Publications

Contents

Introduction —Michael R. Hill iv

The Chronological List of Reviews

Volume I: 1896-97 1

Volume II: 1897-1898 4

Volume III: 1898-99 9

Volume IV: 1899-1900 14

Volume V: 1900-1901 22

Volume VI: 1901-1902 27

Volume VII: 1902-1903 31

Volume VIII: 1903-1904 36

Volume IX: 1904-1905 42

Food Sharing: A Model Of Manipulation By Harassment, Jeffrey R. Stevens, David W. Stephens

Department of Psychology: Faculty Publications

Most analyses of food-sharing behavior invoke complex explanations such as indirect and delayed benefits for sharing via kin selection and reciprocal altruism. However, food sharing can be a more general phenomenon accounted for by more parsimonious, mutualistic explanations. We propose a game theoretical model of a general sharing situation in which food owners share because it is in their own self-interest—they avoid high costs associated with beggar harassment. When beggars harass, owners may benefit from sharing part of the food if their consumption rate is low relative to the rate of cost accrual. Our model predicts that harassment can be …

Prosocial Development In Early Adulthood: A Longitudinal Study, Nancy Eisenberg, Ivanna K. Guthrie, Amanda Cumberland, Bridget C. Murphy, Stephanie A. Shepard, Qing Zhou, Gustavo Carlo

Department of Psychology: Faculty Publications

Consistency of measures of a prosocial personality and prosocial moral judgment over time, and the interrelations among them, were examined. Participants’ and friends’ reports of prosocial characteristics were obtained at ages 21– 22, 23–24, and 25–26 years. In addition, participants’ prosocial judgment was assessed with interviews and with an objective measure of prosocial moral reasoning at several ages. Reports of prosocial behavior and empathy-related responding in childhood and observations of prosocial behavior in preschool also were obtained. There was interindividual consistency in prosocial dispositions, and prosocial dispositions in adulthood related to empathy/sympathy and prosocial behavior at much younger ages. Interview …

Familial And “On-The-Street” Risk Factors Associated With Alcohol Use Among Homeless And Runaway Adolescents, Barbara J. Mcmorris, Kimberly A. Tyler, Les B. Whitbeck, Dan R. Hoyt

Department of Sociology: Faculty Publications

Objective: This study investigated factors associated with alcohol use among homeless and runaway adolescents, using a risk amplification model.
Method: Homeless and runaway adolescents (N = 536, 60% female) were recruited and interviewed by outreach workers directly on the streets, in shelters and in drop-in centers in four Midwestern states. The average age was 16 years; ages ranged from 12 to 22.
Results: Parent alcohol problems were indirectly linked to adolescent drinking through familial abuse and its relationship to deviant peers, time on own and risky subsistence behaviors. Parent alcohol problems also predicted offspring alcohol use through parental rejection and …

The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla Jackson

Other Faculty Publications

No abstract provided.

Judicial Activism In The Regulatory Takings Opinions Of Justice Scalia, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

If the question is whether the Court's recent property rights decisions represent unwarranted judicial activism, my answer is an unequivocal "Yes!" Explaining why requires some care. After all the jurisprudential battles of the recent past, it is hard to state what makes a decision "activist," let alone unwarrantedly so.

Commentary: Public Health And Civil Liberties In An Era Of Bioterrorism, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Towers in New York and the Pentagon in Washington, D.C., on September 11, 2001. The subsequent intentional dispersal of anthrax through the U.S. postal system resulted in five confirmed deaths, hundreds treated, and thousands tested. The potential for new, larger, and more sophisticated attacks have created a sense of vulnerability. National attention has urgently turned to the need to detect and react rapidly to bioterrorism as well as to naturally occurring infectious diseases.