Digital Commons Network^™

The Way We Were And What We “B”, Kelly Kunsch

Faculty Articles

This article describes the changes over the past 20 years in the job of reference librarian. Using typical reference questions and quotes from leading law librarians in the early '80s, the author compares current practice and explains the differences in the time, place, and manner of legal reference. Although answering questions may be done today more quickly and efficiently than 20 years ago, the increase in demand and expectations make the job more challenging than ever.

Undeserving Addicts: Ssi/Ssd And The Penalties Of Poverty, Dean Spade

Faculty Articles

Since the late 1980's, American media and politicians have produced and participated in a moral panic around the issue of illegal drug use. This panic has generated vivid pictures in the American imagination of drug users as a morally depraved, irresponsible, and willfully criminal underclass. Such images have fueled the "war on drugs," a multi-faceted rhetoric and policy approach to drug use that focuses on incarceration, interdiction, and other criminal justice strategies. The punitive approach of the war on drugs has bled into poverty and disability policy with alarming persistence. The trend has influenced numerous poverty alleviation and disability programs …

Transboundary Dispute Resolution As A Process And Access To Justice For Private Litigants: Commentaries On Cesare Romano's "The Peaceful Settlement Of International Disputes: A Pragmatic Approach", Henry Mcgee, Timothy W. Woolsey

Faculty Articles

Professor McGee reviews Cesare Romano's The Peaceful Settlement of International Environmental Disputes: A Pragmatic Approach. Cesare R. P. Romano, of the New York University Center for Global Cooperation, argues for and advocates arbitrative processes as the most tenable means of solving transboundary conflicts over the impacts of environmental pollution as well as access to natural resources.

Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang

Faculty Articles

This closing essay to a symposium inaugurating UCLA Law School's Program in Critical Race Studies suggests that the racialized Asian American body can operate as a site for collective memory and thus serve as reminders of past mistakes in order to restrain current and future abuses of power. One of the lessons to be learned is from World War II when extreme subordination of one Asian American group, Japanese Americans, was accompanied by the elimination of certain barriers for another Asian American group, Chinese Americans. A similar dynamic may be happening now following September 11. With the increase in legal …

After Intersectionality, Robert S. Chang, Jerome Culp

Faculty Articles

This essay is part of a symposium that looks at what Peter Kwan has described as post-intersectionality theory. It responds to the principal article in the symposium by Nancy Ehrenreich, Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems. While the authors applaud the effort by Ehrenreich to advance identity theory to account for multiple oppression, they suggest that Ehrenreich and other post-intersectionality scholars work to make these theories speak more directly to legal doctrine and legal actors.

Nutrition Relay; In To Your Health: Teaching Tips, Beverly S. Mahoney

Faculty Publications and Presentations

No abstract provided.

Reflexology And Massage In The Treatment Of Type Ii Diabetic Neuropathy, Destini Kulik

University of the Pacific Theses and Dissertations

This study examined Neuro-Reflex Therapy, a type of reflexology, and effleurage massage for the treatment of diabetic neuropathy in men and women 40-73 years old with Type II diabetes. Participants were physician-referred to an alternative medicine clinic and were randomly assigned to Neuro-Reflex Therapy, effleurage massage, or a wait-list control group. The treatment groups received 12 individual 30 min sessions scheduled once a week for 12 weeks, and the control group received treatment after the study was completed. Scores on the Neuropathic Pain Scale, Section III of the Multidimensional Pain Inventory, the Profile of Mood States, the Short-Form McGill Pain …

Developing The Asset Protection Dynamic: A Legacy Of Federal Concern, John K. Eason

Faculty Articles

This article analyzes and critiques the modern asset protection environment, drawing from various paradigms of influence. Particularly, the article considers federal influence over asset protection—proposing that such federal factors need to be investigated with a critical eye in order to comprehensively understand asset protection issues in the modern landscape.

Toward A "New Deal" For Copyright In The Information Age, Pamela Samuelson

Michigan Law Review

Jessica Litman believes the public needs a very good copyright lawyer, and if I have not mistaken her intentions, she is volunteering for the job (pp. 70-73). A century of Congressional deference to industry-negotiated compromises has produced, she argues, a copyright law that is both incomprehensible and unfair. This incomprehensibility might be tolerable if copyright law governed only commercial relations among industry participants, all of whom have copyright counsel. To the extent that copyright law applies to the conduct of ordinary persons, its incomprehensibility presents serious difficulties. Moreover, to the extent that copyright law makes illegal many ordinary activities of …

When Interests Diverge, Robert S. Chang, Peter Kwan

Michigan Law Review

In her recent book Cold War Civil Rights, Professor Mary L. Dudziak, sets forth "to explore the impact of Cold War foreign affairs on U.S. civil rights reform" (p. 14). Tracing "the emergence, the development, and the decline of Cold War foreign affairs as a factor in influencing civil rights policy" (p. 17), she draws "together Cold War history and civil rights history" (pp. 14-15), two areas that are usually treated as distinct subjects of inquiry. In mixing the two together, she shows that "the borders of U.S. history are not easily maintained." Perhaps it is fitting that the field …

Contract Rights And Civil Rights, Davison M. Douglas

Michigan Law Review

Have African Americans fared better under a scheme of freedom of contract or of government regulation of private employment relationships? Have court decisions striking down regulation of employment contracts on liberty of contract grounds aided black interests? Many contemporary observers, although with some notable dissenters, would respond that government regulation of freedom of contract, particularly the antidiscrimination provisions of Title VII of the Civil Rights Act of 1964, has benefited African Americans because it has restrained discriminatory conduct by private employers. Professor David E. Bernstein challenges the view that abrogation of freedom of contract has consistently benefited African Americans by …

Horrible Holmes, Mathias Reimann

Michigan Law Review

Holmes has kept scholars busy for most of a century, and the resulting volume of literature about him is staggering. In that last twenty years along, we have been blessed with four biographies, four symposia, three new collections of his works, two volumes of essays, and various monographs, not to mention a multitude of free-standing law review articles. Since life is short, everyone who adds to the deluge, including Albert Alschuler with his new book, bears a heavy responsibility to make the expenditure of trees, library space, and reading time worthwhile. Does Law Without Values fulfill that responsibility? Despite the …

Marriage And Belonging, Ann Laquer Estin

Michigan Law Review

Marriage is a quintessentially private institution. Justice Douglas put the point this way in 1965, writing for the Supreme Court in Griswold v. Connecticut: "We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association …

The Electrical Deregulation Fiasco: Looking To Regulatory Federalism To Promote A Balance Between Markets And The Provision Of Public Goods, Jim Rossi

Michigan Law Review

Over the last thirty years, regulators have deregulated just about every regulated industry. In no industry has deregulation raised as much fear and concern as in electric power markets. Even before the Enron debacle, a crisis that is more about the failures of corporate than regulatory law, it was clear that something had gone seriously wrong in the turn towards deregulation of electric power. Recent events in California are illustrative. In early 2000, consumers in California, the first state to deregulate retail power markets on a mass scale, saw repeated months of power interruptions. Many utility customers experienced a risk …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The Role And Uses Of Market Research In Small And Medium Sized Exporting Companies, Jasmine Elizabeth Mary Williams

Plymouth Business School Theses

Wise use of information leads to knowledge, and with that knowledge comes power (van der Vegt 1998). The importance of information to marketing success is well documented (Kohli and Jaworski 1990), and recent years have seen a burgeoning academic interest in the area of export market information and research (EMI/R) use (Diamantopoulos and Souchon 1999). This dissertation comprises the results of, and reflections on, an investigation into the EMIR activities of small and medium-sized industrial enterprises in the UK. A review of the literature uncovers the unique, informal and personal nature of these activities. The fieldwork takes a grounded approach, …

Modal Predicates And Coequations, Alexander Kurz, Jiří Rosický

Engineering Faculty Articles and Research

We show how coalgebras can be presented by operations and equations. This is a special case of Linton’s approach to algebras over a general base category X, namely where X is taken as the dual of sets. Since the resulting equations generalise coalgebraic coequations to situations without cofree coalgebras, we call them coequations. We prove a general co-Birkhoff theorem describing covarieties of coalgebras by means of coequations. We argue that the resulting coequational logic generalises modal logic.

Basic Models Of Demand And Growth, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (2002, November 18). Basic models of demand and growth [Unpublished manuscript].

• Shaikh, A. (2001, June 18). What determines the level of output in various theoretical approaches (classical vs. demand-driven)? [Unpublished manuscript].

• Shaikh, A. (n.d.). Kaldor growth model (Gandolfo) [Handwritten notes]. Unpublished manuscript.

• Shaikh, A. (2001, June 13). How can data be used to address the difference between K/K and Harrod? What is the essential theoretical difference? [Handwritten notes]. Unpublished manuscript.

• Shaikh, A. (n.d.). Stability of private expenditure rate [Handwritten notes on Roosevelt Hotel stationery]. Unpublished manuscript.

• Shaikh, A. (n.d.). …

Tort, Contract And The Allocation Of Risk, Joost Blom

All Faculty Publications

Tort and contract, although both descended from a common ancestor in the forms of action at common law, are generally regarded as distinct species of civil liability. A tort is an act or omission that is marked by fault - either intention or negligence. There are also a few strict liability torts - where fault is not required - but they are rare. The damage for which tort provides a remedy is usually physical - either personal injury or property damages - albeit with consequential financial losses included. Pure economic loss remains an exception. Contract is not fault-based. Liability rests …

The Court's Exercise Of Plenary Power: Rewriting The Two-Row Wampum, Gordon Christie

All Faculty Publications

This paper focuses on the Supreme Court of Canada's decision in Mitchell v. M.N.R., [2001] S.C.R. 911, as an illustration of what is wrong in contemporary jurisprudence on Aboriginal rights. The concurring judgment of Binnie J. is discussed as a potential preview to the Court's approach to claims of Aboriginal self-determiniation. This paper digs into the ruins of Aboriginal law, to make sense of the doctrine of sovereign incompatibility, to come to some sense of how the field of Aboriginal law has come to trap Aboriginal peoples. The paper closes with suggestions about how Aboriginal rights might be resurrected from …

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 …

Cultural Diversity And The Police In The United States: Understanding Problems And Finding Solutions, Benjamin J. Goold, Karyn Hadfield

All Faculty Publications

For over 150 years, there has been a history of tension and conflict between the police and minority communities in the United States. In principle, the police exist to enforce the law and protect all citizens regardless of race or ethnic background, yet police departments across the country have been repeatedly accused of targeting and harassing racial minorities, and of failing to root out racist attitudes and practices within their ranks. Recent, high profile cases of beatings by police have only served to heighten concerns over the mistreatment of minorities by the police, resulting in widespread calls for major legal …

The Challenge Of Policing Immigrant Communities, Benjamin J. Goold

All Faculty Publications

Providing effective policing for immigrant communities is one of the greatest challenges facing law enforcement agencies in the United States today. Despite the fact that police departments across the country have worked hard to improve their relations with immigrant communities in recent years, research suggests that many immigrants continue to encounter considerable difficulties in their dealings with the police and the criminal justice system in general. Language barriers, cultural differences, and a lack of familiarity with the US legal system, are all factors that can prevent immigrants from gaining access to justice or taking advantage of important criminal justice services. …

A Respectful Distance: Appellate Courts Consider Religious Motivation Of Public Figures In Homosexual Equality Discourse - The Cases Of Chamberlain And Trinity Western University [Case Comment], Bruce Macdougall

All Faculty Publications

In the decisions of the B.C. Court of Appeal in Chamberlain v. Surrey School District No. 36 (2000) and the Supreme Court of Canada in Trinity Western University v. College of Teachers (2001), the courts allowed religiously-based "moral positions" held by would-be teachers and public officials to trump the interests of equal rights protection, in particular that of gays and lesbians. The author examines the ways in which the religious arguments were made (and accepted) in order to achieve this result. The author asserts that the decisions raise troubling questions about the extent to which courts are really willing to …

Investigation Of An Oracle Application's High-Level Design, Scott W. Schield

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Analysis Of Problem Representation In The Application Of Artificial Neural Networks For Feature Classification In Imagery, Michael D. Sweet

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Grappling With Growth : A Case Study In The Northern Black Hills Of South Dakota, Ronald H. Tschida

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.

Prolonged Disaster And The Effects Of Uncertainty: The Montana Wildfires Of 2000, Ellen Mahoney Crouse

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"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.