Digital Commons Network^™

Why The United States Should Not Ratify The Convention On The Rights Of The Child, Richard G. Wilkins, Adam Becker, Jeremy Harris, Donlu Thayer

Saint Louis University Public Law Review

No abstract provided.

Preimplantation Genetic Diagnosis: Disease Control Or Child Objectification?, Rebecca Knox

Saint Louis University Public Law Review

No abstract provided.

Please Take Back Your Huddled Masses: A Look At The First Amendment Right To Access Deportation Hearings After September 11, 2001, J. Andrew Walkup

Saint Louis University Public Law Review

No abstract provided.

Age, Temperature, And Parasitaemia Predict Chloroquine Treatment Failure And Anaemia In Children With Uncomplicated Plasmodium Falciparum Malaria, D.H. Hamer, W.B. Macleod, E. Addo-Yobo, C.P Duggan, B. Estrella, W.W. Fawzi, J.K. Konde-Lule, V. Mwanakasale, Zul Premji, F. Sempertegui, F.P. Ssengooba, K. Yeboah-Antwi, J.L. Simon

Pathology, East Africa

The prevalence of chloroquine-resistant Plasmodium falciparum malaria has been increasing in sub-Saharan Africa and parts of South America over the last 2 decades, and has been associated with increased anaemia-associated morbidity and higher mortality rates. Prospectively collected clinical and parasitological data from a multicentre study of 788 children aged 6-59 months with uncomplicated P. falciparum malaria were analysed in order to identify risk factors for chloroquine treatment failure and to assess its impact on anaemia after therapy. The proportion of chloroquine treatment failures (combined early and late treatment failures) was higher in the central-eastern African countries (Tanzania, 53%; Uganda, 80%; …

Zigzags On Rights Of Accused: Brittle Majorities Manipulate Weasel Words Of Dialogue, Difference, And Chapter Values, Don Stuart

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

Blaming Youth, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

In March of 2001, a fourteen-year-old Florida boy named Lionel Tate was sentenced to life in prison without parole for killing six-year-old Tiffany Eunick during a wrestling match that took place when Lionel was twelve years old. Lionel was convicted of first degree murder on the ground that the killing was the result of aggravated child abuse, a crime that contemplates injury of a child by an adult caretaker. His conviction and sentence have prompted much debate and discussion – about his case and, more generally, about the criminal punishment of young offenders. Although the verdict and Lionel's sentence received …

The Case For Repealing The Corporate Alternative Minimum Tax, Terrence R. Chorvat, Michael S. Knoll

SMU Law Review

No abstract provided.

Comparing A Reformed Estate Tax With An Accessions Tax And An Income-Inclusion System, And Abandoning The Generation-Skipping Tax, Joseph M. Dodge

SMU Law Review

No abstract provided.

Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad Johnson

Faculty Scholarship

With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. This, and future civil rights legislation, would be characterized by the development of a national agenda for ending discrimination and promoting equality. One area that was not included in this initial congressional effort, but later found its way into the legislative agenda, was the subject of housing discrimination. Despite the relatively few debates …

Feminist Tigers And Patriarchal Lions: Rhetorical Strategies And Instrument Effects In The Struggle For Definition And Control Over Development In Nepal, Coralynn V. Davis

Faculty Journal Articles

This article offers an analysis of a struggle for control of a women’s development project in Nepal. The story of this struggle is worth telling, for it is rife with the gender politics and neo-colonial context that underscore much of what goes on in contemporary Nepal. In particular, my analysis helps to unravel some of the powerful discourses, threads of interest, and yet unintended effects inevitable under a regime of development aid. The analysis demonstrates that the employment of already available discursive figures of the imperialist feminist and the patriarchal third world man are central to the rhetorical strategies taken …

Justice Lewis F. Powell, Jr. And The Counterrevolution In The Federal Securities Laws, Adam C. Pritchard

Articles

The confirmation of Lewis F. Powell, Jr., to the Supreme Court coincided with a dramatic shift in the Court's approach to securities law. This Article documents Powell's influence in changing the Court's direction in securities law. Powell's influence was the product of his extensive experience with the securities laws as a corporate lawyer, which gave him much greater familiarity with that body of law than his fellow Justices had. That experience also made him skeptical of civil liability, particularly class and derivative actions. Powell's skepticism led him to interpret the securities law in a consistently narrow fashion to reduce liability …

What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson

Articles

Perhaps the most common complaint by American crime victims and their families is that they are ignored-by the police, by the prosecutors, by the courts and by the press. However true that may be for capital cases in general, there is at least one consistent exception: the great majority of newspaper accounts of executions include at least some description of the reactions of the victims' families and of any surviving victims. It seems to have become an item on the checklist, part of the "who, what, where, when, why, and how" of execution stories. When no family members are available, …

What Would You Do If…? Human Embryonic Stem Cell Research And The Defense Of The Innocent, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Gender, Human Rights, And Peace Agreements, Christine M. Chinkin

Articles

I would first like to thank the organizers for the very great honor of being asked to present the annual Schwartz Lecture in 2002. It is especially apposite to discuss issues of international peace agreements in Ohio, not far from Dayton which is famous as the location of the process that brought an end to the war in Bosnia-Herzegovina. However this lecture is going to examine issues that were not explored at Dayton, that is, some relationships between gender, peace agreements, and international human rights. In addition, because the function of peace agreements in today's world has become the broader …

The Dose Response Effect Of Almonds On Serum Vitamin E, Plasma Lipid Fractions And Erythrocyte Phospholipids, Pera Jambazian

Loma Linda University Electronic Theses, Dissertations & Projects

The purpose of this study was to determine if two different amounts of almonds added to a heart healthy diet would increase vitamin E concentrations in healthy men and women, and reflect positive fatty acid profiles in serum lipids and erythrocytes. Twenty three subjects participated in a crossover metabolic study for a 14 week period. Subjects consumed one of three diets for 4 weeks each, a control diet, a low almond diet and a high almond diet after a 2 week run-in period. All meals were prepared in the test kitchen, and almonds were added to the experimental diets by …

On The Macroeconomic Effects Of Establishing Tradability In Weak Property Rights, Gunnar Eliasson, Clas Wihlborg

Business Faculty Articles and Research

The New Economy is closely associated with computing & communications technology, notably the Internet. We discuss property rights to, and trade in, the difficult-to-define intangible assets increasingly dominating the New Economy, and the possibility of under-investment in these assets. For a realistic analysis we introduce a Schumpeterian market environment (the experimentally organized economy). Weak property rights prevail when the rights to access, use, andtrade in intangible assets cannot be fully exercised. The trade-off between the benefits of open access on the Internet, and the incentive effects of strengthened property rights, depend both on the particular strategy a firm employs to …

Consensual Sex And The Limits Of Harassment Law, Carol Sanger

Faculty Scholarship

This chapter discusses an enormous achievement of the campaign against the harassment of working women, which is the establishment of a set of facts about sex at work that had previously been denied, mocked, and misunderstood. It is now understood that sex can be unwelcome, that unwelcome overtures are neither harmless nor fun, and that consent to sex demanded on the job does not shift the behavior from the category of unwanted sex to the category of the welcome. On the other hand, one of the most ferocious complaints against the establishment of sexual harassment as a legal wrong is …

Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan

Faculty Scholarship

In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …

Achieving Balance In International Copyright Law, Jane C. Ginsburg

Faculty Scholarship

In 1996, the World Intellectual Property Organization (WIPO) adopted two related treaties, the WIPO Copyright Treaty, and the WIPO Performances and Phonograms Treaty (the WIPO Treaties). Though now often referred to as the "WIPO Internet Treaties," the agreements emerged after five years of preparation, only the last two of which focused on a "digital agenda." These treaties, following on the 1994 World Trade Organization TRIPs Accord, have substantially expanded, and somewhat harmonized, the role of international copyright and neighboring rights norms in the international exchange of works of authorship and related productions. When enactment of the WIPO Treaties with their …

The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg

Faculty Scholarship

In this essay, the point of view I wish to take is that of authors who create or disseminate works over digital networks. I believe that their situation reflects both perspectives. Like the Avignon popes and the fifth century Roman emperors, authors might be considered displaced persons, because others might cast their works into the digital Empyrean, disconnected from physical points of attachment to any particular jurisdiction. But, like the Germanic tribes that crossed the Rhine River late in December 406, at least some authors might also be considered the displacers, because they choose to exploit the newly-found technological irrelevance …

Employee Stock Ownership After Enron: Proceedings Of The 2003 Annual Meeting, Association Of American Law Schools Section On Employee Benefits, Norman P. Stein, Colleen E. Medill, Susan J. Stabile, Jeffrey N. Gordon, Louis H. Diamond, Damon Silvers, Patricia E. Dilley

Faculty Scholarship

This session is entitled "Employee Stock Ownership After Enron," and I assume that title has drawn into this room people who know something about either Enron or employee stock, or both. For our purposes, the Enron story has as its focus the Enron 401(k) plan, which was the principal retirement plan for most Enron employees. Employees could make elective contributions to the 401(k) plan, which offered nineteen investment options, one of which was Enron stock. The 401(k) plan also provided that Enron would match employee contributions up to 3 percent of compensation. Enron's match, however, was made in Enron stock. …

Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristen Jakobsen Osenga

Law Faculty Publications

Reexamination was introduced as a mechanism for curing potentially invalid patents, as an antidote to the public's and the judiciary's lack of confidence in the PTO and the patent system in general. Instead of a curative fix, however, the reexamination provisions are more akin to a diseased or lame leg on the body of U.S. patent law. Reexamination fails to support the burden of public confidence it was intended to carry. It does not act in harmony with other limbs on the body of patent law or with other bodies of U.S. or foreign law. Over the years, Congress has …

Law, Share Price Accuracy And Economic Performance: The New Evidence, Merritt B. Fox, Randall Morck, Bernard Yeung, Artyom Durnev

Faculty Scholarship

Mandatory disclosure has been at the core of U.S. securities regulation since its adoption in the early 1930s. For many decades, this fixture of our financial system was accepted with little examination. Over the last twenty years, however, mandatory disclosure has been subject to intensifying intellectual crosscurrents. Some commentators hold out the U.S. system as the standard for the world. They argue that adoption by other countries of a U.S.-styled system, with its greater corporate transparency, would enhance their economic performance. Other commentators, in contrast, insist that the U.S. mandatory disclosure regime represents a mistake, not a model. These crosscurrents …

Gunther Gerzso: Chronology; Bibliography; Exhibitions; Filmography; And Scenography, Amy J. Buono

Art Faculty Books and Book Chapters

Dr. Buono wrote the Chronology and Bibliography, Exhibitions, Filmography, and Scenography sections for the catalogue for the "Risking the Abstract: Mexican Modernism and the Art of Gunther Gerzso" exhibition at the Santa Barbara Museum of Art.

Aspects Of Land Use In Slash And Burn Agriculture, Amitrajeet A. Batabyal, Dug Man Lee

Articles

In this paper we first construct a theoretical model of land use by swidden cultivators when these cultivators can choose whether to grow a cash crop or a food/subsistence crop. Second, we study the land quality accumulation decision faced by shifting cultivators and, in the process, we show how to compute the optimal length of time during which cleared land is to be left fallow. Finally, we investigate the implications that the optimal land quality accumulation decision has for the relative price of the food crop in particular and slash and burn agriculture in general.

Surveys For Gray Whales, Eschrichtius Robustus, Near Cape Caution, British Columbia, Summer 2003, William Megill, Lei Lani Stelle, Becky Woodward

Articles

The Coastal Ecosystems Research Foundation conducted several surveys for gray whales on the southern Central Coast of British Columbia during the summer of 2003. Three surveys were conducted in CERF’s usual study area near Cape Caution, and three along the west coast of Calvert Island. Additional shorter surveys were also conducted of the Rivers Inlet / Smith Sound region north of Cape Caution. A total of 50 animals were identified from the pigmentation on their flanks. Twelve of these were new to the area in 2003. All but three were photographed. The animals not photographed (due to a camera malfunction) …

Communicative Action, Strategic Action, And Inter-Group Dialogue, Michael James

Faculty Journal Articles

A consensus has emerged among many normative theorists of cultural pluralism that dialogue is the key to securing just relations among ethnic or cultural groups. However, few normative theorists have explored the conditions or incentives that enable inter-group dialogue versus those that encourage inter-group conflict. To address this problem, I use Habermas’s distinction between communicative and strategic action, since many models of inter-group dialogue implicitly rely upon communicative action, while many accounts of inter-group conflict rest upon strategic action. Drawing on explanatory accounts of inter-group conflict, I outline five strategic logics of group conflict, what I call the resource, political, …

A Twenty-First-Century Approach To Empowering The Youth Of The Brooklyn Temple Seventh-Day Adventist Church, Newton Upanton Cleghorne

Doctor of Ministry Projects

Problem

In several churches in the Northeastern Conference and, in particular, the Brooklyn Temple Seventh-day Adventist Church, the adult membership has dominated the positions of leadership. Most of the potential youth leaders have painfully become spectators rather than players and leaders in the church. The goal of this dissertation, therefore, is to develop and implement a program to empower these youth through training, mentoring, positioning, and liberation.

The Method

Any theology that does not have a biblical foundation is suspect and, therefore, humanistic. A theology of youth ministry was developed within a biblical context. The intent of the study was …

Data Mining Of Forensic Association Rules, James V. Hansen, Paul Benjamin Lowry, Rayman D. Meservy

Faculty Publications

Data mining offers a potentially powerful method for analyzing the large data sets that are typically found in forensic computing (FC) investigations to discover useful and previously unknown patterns within the data. The contribution of this paper is an innovative and rigorous data mining methodology that enables effective search of large volumes of complex data to discover offender profiles. These profiles are based on association rules, which are computationally sound, flexible, easily interpreted, and provide a ready set of data for refinement via predictive models. Methodology incorporates link analysis and creation of predictive models based on association rule input.

Screening Versus Plea Bargaining: Exactly What Are We Trading Off?, Gerard E. Lynch

Faculty Scholarship

I was delighted to be invited to comment on Ronald Wright and Marc Miller's important and instructive article, The Screening/Bargaining Tradeoff. Those familiar with the authors' work, including their original and fascinating criminal procedure casebook, will be unsurprised by many of the article's virtues, including a focus on empirical examination of real-world practice and (perhaps a special case of that more general virtue) attention to practices at the state and local level, where most criminal law enforcement actually occurs. Wright and Miller develop some interesting insights into the potential for changes in plea bargaining practices that have frequently been …