Digital Commons Network^™

Speaking Rights: Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Faculty Publications

The Arizona Supreme Court endorsed the objective that jury trials "allow for a more demo­cratic juror experience" and "are more educational and less adversarial" and urged judges and trial attorneys to be "open to doing some old things in new ways, to be more receptive to the jurors' needs to learn better and to actively par­ticipate to a greater degree in the fact-finding process. Acting on 55 recommendations of its Committee on the More Effective Use of Juries, the court enacted new rules. But one reform--permitting jurors in civil cases to discuss the evidence among themselves before final delib­erations--proved to …

What Is The Point? Teaching Ideas For Thesis Sentences, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

Readers are pragmatic and want to know the bottom line. The use of strong topic or thesis sentences will grab the reader’s attention and help the reader understand the significance of the information in each paragraph. The writer does not want to waste an opportunity or just tread water in a thesis sentence by merely stating a fact. This article discusses teaching ideas and exercises for drafting effective thesis sentences.

Recovering From Drugs And The Drug War: An Achievable Public Health Alternative, Eric Blumenson

Suffolk University Law School Faculty Works

For three decades our War on Drugs has characterized illicit drug use as a law enforcement problem, to be addressed primarily through interdiction and criminal punishment. This policy has multiplied the number of imprisoned Americans, but our drug problem remains as entrenched as ever, and both voters and policy experts appear ready to embrace an alternative public health approach. Such an approach recognizes that a substantial number of Americans will continue to use drugs for the foreseeable future, and seeks to minimize the risks these people face from their drug habits. This requires programs and funding for treatment, education, and …

Certainty And Finality In The Nisga'a Agreement, Jessica Bowering

Dalhousie Journal of Legal Studies

The 1998 Agreement between the Nisga'a people of Northern BC, the federal government, and the government of BC, is a treaty protected under s. 35 of the Canadian Constitution. Existing s. 35 jurisprudence allows treaties to be infringed by government so long as the government can justify the infringement under the Sparrow test. In the one significant court case dealing with the Nisga'a Agreement, it was assumed that this jurisprudence applied. In this paper, the author argues that the Sparrow test ought not to be applied in the context of modem treaties such as the Nisga'a Agreement. Modem treaties, negotiated …

Comfort Women In Japan And Korea, Grace Lai

Dalhousie Journal of Legal Studies

One of the greatest human rights abuses against women occurred during World War II when the Japanese Imperial Army a system of military brothels staffed by young women who were coerced, tricked, or abducted to work in "Comfort Stations." These young women were euphemistically called "Comfort Women" because they were to provide "comfort" – that is, sexual pleasure to the Japanese soldiers. This paper will examine the genesis of the Comfort Women system, explore why the wrong has never been addressed, assess the legal grounds for holding Japan accountable in international law, and critique the legal mechanisms that have been …

Towards A Canadian Policy For Patenting Disease Genes, S. Jodi Gallagher

Dalhousie Journal of Legal Studies

Thousands of human genes, many associated with human disease processes and diagnosis, have been patented in Canada. The scope of these patents has restricted public access to genetic testing and raised the question of whether human genetic material should be subject to differential treatment by our patent law regime. The Canadian Intellectual Property Office (CIPO) has failed to offer guidelines on the application of patent laws to genetic material, symptomatic of the broader problem of a lack of strong federal leadership in this area. In this paper I will engage the debate over patenting of human genes specifically as it …

Reconstructing Identity: A Personal Pespective, Ayanna Ferdinand

Dalhousie Journal of Legal Studies

Challenged by adverse experiences in the first year of law school, the author of this paper uses her experience to trigger an analysis of identity discourse in the law. In Part I, she shares her experience and characterizes it as an epistemological dilemma to the traditional legal methods of identity construction. She introduces the two traditional methods of identity construction: the impartial trajectory and the categorical trajectory and briefly demonstrates that, because her experience was specific to her first year of law school at Dalhousie University, both trajectories limit her claim to knowledge. Using her own experience and others found …

In (Or Out Of) The Marketplace Of Ideas: Warf V. Geron And Lessons For Canada, Matthew Herder

Dalhousie Journal of Legal Studies

Four days after President George W. Bush addressed America regarding human embryonic stem cell ("hESC") research in August 2001, a lawsuit was filed by the Wisconsin Alumni Research Foundation (“WARF”) against Geron Corporation ("Geron"). WARF holds patents in respect of hESC technologies pioneered by James Thomson. The parties were unable to negotiate licences for additional hESC types. In January 2002, WARF and Geron announced that a new agreement had been reached. This paper examines the antecedent question: should the hESC technologies have been patentable in the first place? The reason for pursuing hESC research appears to be the possibility to …

Breaching Moral Rights: Is There A Legal Remedy?, Rebekah Powell

Dalhousie Journal of Legal Studies

Throughout the history of the theatre there have been various interpretations of dramatic work that, arguably, have not followed the original vision of the playwright. Do modem Canadian playwrights have a better chance of controlling the production of their plays? The original copyright for a play belongs to the playwright who may sell or assign it. In addition, the playwright has moral rights to the play, which are inalienable but may be waived. The essence of these rights is the ability to protect one's work from being altered, distorted or presented as the work of another. Here, the various legal …

Discrimination Law, Tina Piper

Dalhousie Journal of Legal Studies

Book review of Discrimination Law by Sandra Fredman and published by Clarendon Law Series (London), 2002. (205 pp.)

An Introduction To The International Criminal Court, Ian Rennie

Dalhousie Journal of Legal Studies

Book review of An Introduction to the International Criminal Court by William A. Schabas and published by Cambridge University Press (Cambridge), 2001. (406 pp.)

The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Times may or may not be changing for gay people in the criminal justice system--and for the import of sexual orientation in criminal law. It depends on the nature of the case and, more importantly, exactly whose sexual orientation we are talking about.

Signs of positive change include the recent high profile Matthew Shepard and Diane Whipple cases, in which gay and lesbian homicide victims were mourned not only by the gay community, but also by the entire country. It was no doubt helpful that both Shepard and Whipple presented very appealing images of gay people: each was young, attractive, …

Professional Discipline For Law Firms? A Response To Professor Schneyer’S Proposal, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Model Rule of Professional Conduct 5.1(a) requires individual partners to make "reasonable efforts" to ensure that their firm has measures in effect that give "reasonable assurance" that all lawyers in the firm conform to ethical rules. Similarly, Model Rule 5.3(a) imposes upon individual partners the obligation of making "reasonable efforts" to ensure that the firm has measures in place giving "reasonable assurance" that the conduct of non-lawyers affiliated with the firm is compatible with the partner's professional obligations. These rules were adopted to encourage firms to create firm cultures and institute prophylactic policies and procedures--an "ethical infrastructure"--that would prevent misconduct …

Faith And Funding: Toward An Expressivist Model Of The Establishment Clause, David Cole

Georgetown Law Faculty Publications and Other Works

This article seeks to provide an alternative to the polarization that so often characterizes debates about church and state. In Part I, the author suggests that there are good policy reasons for supporting faith-based initiatives, and that these reasons ought to be attractive to liberals and progressives, many of whom have opposed faith-based initiatives. Faith-based social services are, after all, social services, and are often the very types of welfare services that liberals and progressives tend to support. Core religious values--in particular, concern about the less fortunate, a belief in human dignity, and a commitment to the possibility of redemption--reinforce …

Even Before Enron: Banking Regulators, The Income Tax, The S&L Crisis, And Deceptive Accounting At The Supreme Court, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

Years before the ENRON debacle, the Supreme Court heard a pair of cases involving dishonest financial accounting, Frank Lyon Co. v. U.S. and Cottage Savings Ass'n. v. Commissioner. In both cases, federal bank regulators had encouraged deceptive financial accounting, and the deceptive accounting became the basis for taxpayer claims. The Supreme Court, however, did not comment in either opinion on the deceptive character of the financial accounting that gave rise to tax litigation.

Treaties And The Eleventh Amendment, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The Supreme Court's recent invigoration of federalism doctrine has revived a question that had long lain dormant in constitutional law: whether and to what extent federalism limits apply to exercises of the Treaty Power. In the days before the famous switch in time that saved nine, the Court in Missouri v. Holland upheld a statute passed by Congress to implement a treaty even though it assumed that the statute would exceed Congress's legislative power under Article I in the absence of the treaty. The significance of this holding abated considerably when the Court embraced a broader interpretation of the Commerce …

The Humbugs Of The Anti-Regulatory Movement, Lisa Heinzerling, Frank Ackerman

Georgetown Law Faculty Publications and Other Works

It is so hard to get beyond cynicism these days. Even a symposium devoted to this goal has, as reflected in the articles by Professors Cynthia Farina, Jeffrey Rachlinski, and Mark Seidenfeld, succeeded primarily in suggesting that regulators are not so much selfish as they are obtuse, stubborn, and sometimes downright dumb. Undoubtedly this is true some of the time. But Farina, Rachlinski, and Seidenfeld want to convince us that it is true enough of the time to warrant quite large-scale solutions. In this Comment, we take issue with this pessimistic assessment of regulatory behavior by discrediting the most prominent …

Perceptions About The Wto Trade Institutions, John H. Jackson

Georgetown Law Faculty Publications and Other Works

This article, based on a lecture given at the inauguration ceremony for the new Advisory Centre on WTO Law, describes the broader world trading landscape into which this new Centre emerges. Taking into account the possible implications of the events on September 11, this article provides a brief analysis of the current trade policy climate, asserting the necessity of institutions for the successful functioning of markets. After a short institutional history of the GATT/WTO, the author describes the importance of institutional rules, treaty text, and practice for the success of the WTO and presents the current debate over what the …

Pathways Fifth Grade Family Fun Night Child Survey, Prevention Research Center, Albuquerque, New Mexico

Family Fun Nights

No abstract provided.

Pathways Fifth Grade Curriculum - Week 3, Prevention Research Center, Albuquerque, New Mexico

Fifth Grade Curriculum

No abstract provided.

Pathways Third Grade Curriculum - Week Two, Prevention Research Center, Albuquerque, New Mexico

Third Grade Curriculum

No abstract provided.

Pathways Physical Activity Supplement, Prevention Research Center, Albuquerque, New Mexico

Pathways Physical Activity Component

No abstract provided.

Pathways Fifth Grade Curriculum Procedure Manual, Prevention Research Center, Albuquerque, New Mexico

Fifth Grade Curriculum

No abstract provided.

Pathways Fourth Grade Curriculum - Family Pack: Week 10, Prevention Research Center, Albuquerque, New Mexico

Fourth Grade Curriculum

Family Pack: Week Ten

1. Guess the Fat Game Sheet
2. Food Label Information Sheet
3. All Aboard the Bumpityville Bus
4. Cracker Creations Recipe Card
5. 4th Grade Return Card: Week 10

Overcoming Property: Does Copyright Trump Privacy?, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

This essay does not attempt to specify the privacy rights that users might assert against the purveyors of DRM systems. Instead, it undertakes a very preliminary, incomplete exploration of several questions on the "property" side of this debate. What is the relationship between rights in copyrighted works and rights in things or collections of bits embodying works? In particular, as the (popular and legal) understanding of copies of works as residing in "things" becomes largely metaphorical, how should the law construct and enforce boundedness with respect to those copies? Does the calculus of property and contract allow for consideration of …

"I Will Have To Look At Him"| An Ecocritique Of Faulkner's "The Bear", Jason J. Barton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Relational Development Model Of Executive Coaching As A Tool For Organizational Change, Shaun Martinz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Undergrowth Vegetation Response To Fuel Reduction Treatments In The Blue Mountains Of Eastern Oregon, Kerry L. Metlen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Examination Of The Iconography Of The Minoan Goddess As A Nature Goddess, Gaelen Schell Curtis

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Fate Of Sewage Effluent Nutrients Applied To Coarse-Grained Soils By Sprinkler Irrigation, Molly M. Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.