Digital Commons Network^™

Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans

Faculty Publications

In 1998, the National Institute of Justice awarded a grant to the National Center for State Courts ("NCSC") to examine the frequency and various causes of hung juries. One of the factors that the NCSC project staff investigated was jurors' perceptions of the fairness of the law they were asked to apply in felony trials as well as jury and case characteristics that are often associated with jury nullification. The project also asked judges and other court actors to rate the strength of the evidence in the case. Thus, the project enabled researchers to examine jurors' views, the evidence, and …

The Hudood Laws Of Pakistan: A Social And Legal Misfit In Today's Society, Aarij S. Wasti

Dalhousie Journal of Legal Studies

This article questions the application of religion in Pakistan, specifically in the legal context. For over two decades now, Pakistan has had on the books a number of statutory laws, which are collectively known as the Hudood Laws. These laws are purported to inject Qu’ranic doctrine into Pakistan's criminal legal structure. Unfortunately, a number of shortcomings have been identified with the change since its beginnings. Among these faults are a lack of religious knowledge and understanding by the judiciary, police force, and population; misuse and abuse of the laws by the nation's ruling elite, men, and the police; lacking legal …

Cites: A Toothless Tiger In The Black Market For Traditional Chinese Medicines?, Jacquelyn A. Shaw

Dalhousie Journal of Legal Studies

Traditional Chinese Medicine is a millennia-old ethnic medical system used by an increasing number of adherents of both Asian and non-Asian descent throughout the world, which forms an integral part of the Chinese identity, philosophy and culture. The raw materials used in Traditional Chinese Medical treatments are obtained from naturally-occurring minerals, wild plants, and animals, a percentage of which are, unfortunately, dangerously rare species prohibited from international trade by CITES, (the Convention on the International Trade in Endangered Species of Fauna and Flora). CITES has been declared to be one of the most successful international environmental agreements of all time, …

The Irony Of Campbell V. Jones: Tolerating Slander In The Pursuit Of Justice, James Macduff, Kristen Rudderham

Dalhousie Journal of Legal Studies

In determining whether the defence of qualified privilege should shield defamatory comments from liability, Canadian courts must assess many contextual factors that aim to strike an appropriate balance between the right to free expression and the protection of an individual's reputation. This paper examines the Nova Scotia Court of Appeal's decision in Campbell v. Jones, where the majority found that this privilege should extend to cover remarks alleging racist police motivations to the world at large. Chief Justice Glube and Justice Roscoe held that the two lawyers who made these comments had a professional responsibility to seek improvements to the …

Meeting The Spirit Of Sparrow: The Regional Fisheries Committee As A Management Model In Canada, Anna J. Pugh

Dalhousie Journal of Legal Studies

This comment engages in an analysis of the response by regional branches of the Department of Fisheries and Oceans to the SCC's 1990 decision in R. v. Sparrow. The decision recognized aboriginal fishery rights and mandated increased consideration and consultation for aboriginals when setting quotas for regional fisheries. The comment examines differing strategies implemented in British Columbia and the Yukon, concluding that a new approach is required in British Columbia if the consultation mandated by Sparrow is to be meaningfully implemented.

The Practice Of Principle: In Defense Of A Pragmatist Approach To Legal Theory, Robbie Moser

Dalhousie Journal of Legal Studies

Book review of The Practice of Principle: In Defense of a Pragmatist Approach to Legal Theory written by Jules L. Coleman and published by Oxford University Press (New York), 2001. (226 pp.)

Justice Kennedy's Libertarian Revolution: Lawrence V. Texas, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This brief article explains why Lawrence v. Texas could be a revolutionary case if the Supreme Court follows Justice Kennedy's reasoning in the future. As in Planned Parenthood v. Casey, Justice Kennedy finds a statute to be unconstitutional, not because it infringes a right to privacy (which is mentioned but once), but because it infringes "liberty" (a word he uses at least twenty-five times). In addition, Justice Kennedy's opinion protects liberty without any finding that the liberty being restricted is a "fundamental right." Instead, having identified the conduct prohibited as liberty, he turns to the purported justification for the …

Bustles, Bows, And Further Frippery| Victorian Costumes For The Nutcracker Ballet, Michele Manis Nokleby

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Supreme Court Sets The Standard: Drug Testing At The Interscholastic Level, Paul M. Anderson

Faculty Publications

No abstract provided.

Finding Unexpected Events In Staring Continuous-Dwell Sensor Data Streams Via Adaptive Prediction, Peter G. Raeth

CCAC Theses and Dissertations

This research produced a Predictive Anomaly Detector (PAD). It is an adaptive prediction-based approach to detecting unexpected events in data streams drawn from staring continuous-dwell sensors. The underlying technology is spectrum independent and does not depend on correlated data (neither temporal nor spatial) to achieve improved detection and extraction in highly robust environments. ("robust environment" refers to the data stream's control law being variable and the spectral content covering a wide range of wavelengths.)

The resulting approach uses a network of simple building-block equations (basis functions) to predict the non-event data and thereby present subtle sub-streams to a detection model …

The Law And Economics Of Disability Accommodations, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …

The Unruliness Of Rules, Peter A. Alces

Faculty Publications

No abstract provided.

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Faculty Publications

No abstract provided.

Survey On E-Commerce And Its Applications, Zhenhua Gu

Student Work

Electronic Commerce, usually is called e-commerce, conducts business on-line. It is electronic forms of communication that permits the exchange of sale information related to goods and services purchasing between buyers and sellers with digital cash and via Electronic Data Interchange (EDI). The application of e-commerce is very important because that is the only way that how buyers and on-line business stores make the deals without seeing and talking each other. The applications should be very friendly (interface with nice layout and easily accepted by the potential buyers), easy to access and use (almost without to learn any computer and network …

Influence Of Adjunct Use Andcheese Microenvironment On Nonstarter Lactic Acid Bacteria Populations In Cheddar-Type Cheese, Jeff Broadbent, K. Houck, M. E. Johnson, C. J. Oberg

Nutrition, Dietetics, and Food Sciences Faculty Publications

This study investigated population dynamics of starter, adjunct, and nonstarter lactic acid bacteria (NSLAB) in reduced-fat Cheddar and Colby cheese made with or without a Lactobacillus casei adjunct. Duplicate vats of cheese were manufactured and ripened at 7°C. Bacterial populations were monitored periodically by plate counts and by DNA fingerprinting of cheese isolates with the random amplified polymorphic DNA technique. Isolates that displayed a unique DNA fingerprint were identified to the species level by partial nucleotide sequence analysis of the 16S rRNA gene. Nonstarter biota in both cheese types changed over time, but populations in the Colby cheese showed a …

Parent And Child Perspectives Of Family Leisure Involvement And Satisfaction With Family Life, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

The purpose of this study was to examine the relationship between family leisure involvement and satisfaction with family life. The sample consisted of 179 families. Data were analyzed at the parent, child, and family level. Findings indicated that family leisure involvement was the strongest multivariate predictor of family satisfaction from the parent perspective, but was not a significant multivariate predictor from the child's perspective. At the family level of measurement, only the block including Core and Balance family leisure variables explained a significant portion of the variance in family satisfaction. History of divorce was a negative multivariate predictor of family …

Micropropagation Of Carnivorous Plants, Kenneth Stephen Uhnak

Open Access Dissertations

A simple, efficient system for seed surface disinfestation and in vitro germination was developed for the carnivorous pitcher plants Darlingtonia californica and Sarracenia leucophylla. Of the disinfectants tested, hydrogen peroxide or 10% Clorox® were most effective for disinfesting seeds of D. californica, while concentrated sulfuric acid worked best for S. leucophylla. Differences in the effectiveness of sterilants were associated by differences in seed coat morphology. Seeds of D. californica imbibed at 4-7°C in sterile deionized water with surfactant and gibberellin germinated earlier than seeds without exposure to gibberellin. Unimbibed seeds of S. leucophylla germinated …

A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss

Publications

No abstract provided.

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

Publications

No abstract provided.

Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart

Publications

No abstract provided.

Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang

Publications

No abstract provided.

Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller

Publications

No abstract provided.

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

Publications

This article discusses prosecutors' discretion to press criminal charges against individuals who cause death during recreational activities. Based on newspaper sources, published opinions, and unpublished materials from cases that resulted in plea bargains, Homicide on Holiday continues the author's exploration of the relationship between the American public, criminal prosecutors, and the nature of the prosecutors' public role. It shows that, despite popular culture's glorification of risk and a nationwide trend in tort law toward sheltering sports co-participants from civil negligence liability, an exhilarating trip down a ski slope is increasingly likely to land a skier in jail if he collides …

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

Publications

No abstract provided.

Access, Adequacy And Equality: The Constitutionality Of School Fee Financing In Public Education, Daria Roithmayr

Publications

This article explores the question of whether charging school fees for public education violates s 29 or s 9 of the Constitution. The article concludes that fees may be unconstitutional, for two reasons. First, charging school fees may violate learners' rights to basic education under s 29, because a fee-based financing system creates problems with both access and adequacy. Despite the availability of exemptions for the poor, the school fee regime of financing appears to completely bar access for some learners. It also unconstitutionally burdens the right to access for others by requiring families to expend significant portions of …

Easy For You To Say: An Essay On Outsiders, The Usefulness Of Reason, And Radical Pragmatism, Daria Roithmayr

Publications

In this essay, I argue that Schlag's critique of reason fails to take into account the concerns of people of color and women in two ways. First, it fails to address the way in which the ideology of reason structures racial and gendered power. Second, it fails to consider the value of the ideology of reason for people of color and women, both of whom might extract political gain from deploying the incumbent ideology to their advantage. I offer a version of radical pragmatism that attempts to reconcile Schlag's critique of reason with these criticisms.

Explaining Grutter V. Bollinger, Neal Devins

Faculty Publications

No abstract provided.

Public Reason As A Public Good, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Faculty Publications

No abstract provided.

Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins

Faculty Publications

No abstract provided.