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Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler

Cornell Law Faculty Publications

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …

The World After Modernity, John J. Reilly

Comparative Civilizations Review

No abstract provided.

The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman

Hofstra Law Faculty Scholarship

On February 10, 2003, the American Bar Association approved the revised edition of its Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. Their purpose is to articulate the "national standard of practice for the defense of capital cases" ; they "are not aspirational. Instead, they embody the current consensus about what is required to provide effective defense representation in capital cases." Because the ABA does not oppose the death penalty but does believe in justice, it sets as its bedrock criterion the principle that "any jurisdiction wishing to impose a death sentence must at minimum …

Using Polvika's Model To Create A Service-Learning Partnership, Gwendolyn F. Foss, Maria M. Bonaiuto, Z. Sue Johnson, Dee M. Moreland

Partnerships/Community

Collaboration can maximize limited resources of universities, school systems, and public health departments by offering learning from experience. Polvika's theoretical model and principles from Community-Campus Partnerships for Health guided development of a service-learning partnership among a university, a county health department, and an alternative school in a large public school district. Of three commonly identified patterns of service-learning, this partnership demonstrated the pattern that equally emphasizes service to a community or agency, and mutual learning by all participants. All organizations in the partnership share a common goal to optimize the health of children in schools, and to provide quality learning …

Robert Mckim, Religious Ambiguity And Religious Diversity, William J. Wainwright

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Augustine's Criticisms Of The Stoic Theory Of Passions, T.H. Irwin

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Petit Larceny, The Beginning Of All Sin: Augustine's Theft Of The Pears, Scott Macdonald

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

Scholarly Works

As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …

Multi-Criteria Decision Analysis With Probabilistic Risk Assessment For The Management Of Contaminated Ground Water, I. Khadam, Jagath J. Kaluarachchi

Civil and Environmental Engineering Faculty Publications

Traditionally, environmental decision analysis in subsurface contamination scenarios is performed using cost–benefit analysis. In this paper, we discuss some of the limitations associated with cost–benefit analysis, especially its definition of risk, its definition of cost of risk, and its poor ability to communicate risk-related information. This paper presents an integrated approach for management of contaminated ground water resources using health risk assessment and economic analysis through a multi-criteria decision analysis framework. The methodology introduces several important concepts and definitions in decision analysis related to subsurface contamination. These are the trade-off between population risk and individual risk, the trade-off between the …

Bifurcated Narratives In The Poetry Of Robinson Jeffers, C.K. Williams, And Denis Johnson, Alan Soldofsky

Faculty Publications, English and Comparative Literature

No abstract provided.

Volume 28, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Cheryl Woznica, Shawn Tock, Jon Krashinsky, Andrea Huckins

When The Master Is Not Master: The Critique Of Enlightenment In Ang Lee's Crouching Tiger, Hidden Dragon, J. Heath Atchley

Journal of Religion & Film

The concept of enlightenment plays a key role in the plot development of Crouching Tiger, Hidden Dragon. A subtle reading of the film, however, can show how it offers a filmic critique of enlightenment, both as a religious concept associated with Buddhism and as a broader concept associated with mastery in virtually any form (religious, martial, political). This paper argues that Crouching Tiger, Hidden Dragon puts forth a novel image of this concept. According to this image, enlightenment does not produce mastery, as is conventionally thought. Instead, enlightenment paradoxically eschews mastery and critiques the knowledge that supports it.

A Strategy For Social Reconciliation In The Ethnic Conflict In Transylvania, Cristian G. Romocea

Occasional Papers on Religion in Eastern Europe

No abstract provided.

Glanzer's "The Quest For Russia's Soul: Evangelicals And Moral Education In Post-Communist Russia" - Book Review, Dr. Donald Fairbairn

Occasional Papers on Religion in Eastern Europe

No abstract provided.

The Inkwell, Armstrong Atlantic State University

The Inkwell

No abstract provided.

Using Optical And Near-Infrared Photometry To Test Macho Lens Candidates, Ted Von Hippel, Et Al.

Publications

We obtained new VLT/ISAAC H-band observations for five MACHO LMC source stars and adjacent LMC field regions. After combining our near-IR photometry with Hubble Space Telescope/PC BVRI optical photometry, we compared the MACHO objects to the adjacent field stars in a variety of color-magnitude and color-color diagrams. These diagnostic diagrams were chosen to be sensitive to our hypothesis that at least some of the MACHO lenses were foreground Galactic disk or thick-disk M dwarfs. For the five lensed objects we studied, our hypothesis could be ruled out for main-sequence lens masses ≥0.1 M☉ for distances out to …

Casting A Shadow On Illinois’ Sunshine Laws: Rice V. Board Of Trustees, 762 N.E.2d 1205 (Ill. App. Ct. 2002), Charles D. Mockbee Iv

Southern Illinois University Law Journal

No abstract provided.

Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger

American University Law Review

No abstract provided.

Gender And Politics In Palestine: Discourse Analysis Of The Palestinian Authority & Islamists, Nahda Y. Sh'hada

University of Miami International and Comparative Law Review

No abstract provided.

Economic Sanctions, Justin D. Stalls

University of Miami International and Comparative Law Review

No abstract provided.

Eldred V. Ashcroft: International Influences And The Outer Limits Of The Copyright Clause, Shiloh Daum

North Carolina Journal of International Law

No abstract provided.

Montana Kaimin, October 1, 2003, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula. Pages 1 and 8 are missing.

The Effect Of Pruning And Compression On Graphical Representations Of The Output Of A Speech Recognizer, Yang Liu, Mary P. Harper, Michael T. Johnson, Leah H. Jamieson

Electrical and Computer Engineering Faculty Research and Publications

Large vocabulary continuous speech recognition can benefit from an efficient data structure for representing a large number of acoustic hypotheses compactly. Word graphs or lattices have been chosen as such an efficient interface between acoustic recognition engines and subsequent language processing modules. This paper first investigates the effect of pruning during acoustic decoding on the quality of word lattices and shows that by combining different pruning options (at the model level and word level), we can obtain word lattices with comparable accuracy to the original lattices and a manageable size. In order to use the word lattices as the input …

The Specificity Of International Arbitration: The Case For Faa Reform, William W. Park

Faculty Scholarship

If a pollster asked a random selection of Americans for a one-line verbal portrait of arbitration, common responses might include the following: (i) private litigation arising for construction and business disputes; (ii) a mechanism to resolve workplace tensions between management and labor; (iii) a process by which finance companies and stock brokers shield themselves from customer complaints; (iv) a way to level the playing field in deciding commercial controversies among companies from different parts of the world; (v) the way big corporations use NAFTA to escape regulation. To some extent all would be correct.'

Unfortunately, these different varieties of arbitration …

Frontal Recruitment During Response Inhibition In Older Adults Replicated With Fmri, Scott Aaron Langenecker, Kristy A. Nielson

Psychology Faculty Research and Publications

Recent research has explored age-related differences in multiple areas of cognitive functioning using fMRI, PET, and SPECT. However, because these studies used different tasks, subjects, and methods, little is known about whether the results of these studies are generalizable or repeatable. The present study replicated a previous study [Psychol. Aging 17 (2002) 56] using the same Go/No-go task with a subset of 11 of the original older adult subjects, and using the same fMRI scanner and imaging methods. A direct comparison was made between these participants at Time 1 and Time 2 for both behavioral and functional data. These participants …

African American And European American Therapists’ Experiences Of Addressing Race In Cross-Racial Psychotherapy Dyads, Sarah Knox, Alan W. Burkard, Adanna Jinaki Johnson, Lisa A. Suzuki, Joseph G. Ponterotto

College of Education Faculty Research and Publications

Using Consensual Qualitative Research, 12 licensed psychologists’ overall experiences addressing race in psychotherapy were investigated, as were their experiences addressing race in a specific cross-racial therapy dyad. Results indicated that only African American psychologists reported routinely addressing race with clients of color or when race was part of a client’s presenting concern. European American psychologists indicated that they would address race if clients raised the topic, and some reported that they did not normally address race with racially different clients. When discussing a specific cross-racial dyad, African American therapists more often than European American therapists addressed race because they perceived …

Wittgenstein, Moorean Absurdity And Its Disappearance From Speech, John N. Williams

Research Collection School of Social Sciences

G. E. Moore famously observed that to say, "I went to the pictures last Tuesday but I don't believe that I did" would be "absurd." Why should it be absurd of me to say something about myself that might be true of me? Moore suggested an answer to this, but as I will show, one that fails. Wittgenstein was greatly impressed by Moore's discovery of a class of absurd but possibly true assertions because he saw that it illuminates "the logic of assertion". Wittgenstein suggests a promising relation of assertion to belief in terms of the idea that one "expresses …

The George-Anne, Georgia Southern University

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Union Certification On Offshore Production Installations, Gregory Anthony

Dalhousie Law Journal

The author describes the jurisdictional and legislative regimes governing labour relations in the Newfoundland and Labrador offshore. After providing an overview of the provincial certification process, he recounts the process of certification of the Hibernia platform and reviews some of the legal issues raised therefrom.

Army Professional Expertise And Jurisdictions, Richard A. Lacquement Colonel

Books, Monographs & Collaborative Studies

The author provides a framework intended for use by the Army's strategic leaders. But, it also should be a point of departure for debate among all members of the profession. The most important purpose of this framework is to provide a mechanism for HOW TO THINK about Army expert knowledge and jurisdictions. He offers some general recommendations derived from my application of the framework and its logic. These recommendations represent just one possible view. Ultimately, the strategic leaders of the Army will decide priorities and boundaries.