Digital Commons Network^™

Virtual Border Customs: Prevention Of International Online Music Piracy Within The Ever-Evolving Technological Landscape, Lance D. Clouse

Valparaiso University Law Review

No abstract provided.

Trademark Dilution: A Proposal To Stop The Infection From Spreading, Julie C. Frymark

Valparaiso University Law Review

No abstract provided.

Fire In The Sky: A Critical Look At Arming Pilots With Handguns, Monica G. Renna

Journal of Air Law and Commerce

No abstract provided.

Regulating Target Marketing And Other Race-Based Advertising Practices, Ross D. Petty, Anne-Marie G. Harris, Toni Broaddus, William M. Boyd Iii

Michigan Journal of Race and Law

Recognizing the significant role that advertising plays in American life, this article examines the phenomenon of race-based targeted marketing as a contributing factor to the racial tension of our media age and evaluates the role of government regulation in preventing the dissemination of racist messages through advertising. In Part I, the article first looks at the evolution of "mass" marketing into today's standard use of targeted marketing techniques, and especially how those techniques can sometimes have racist effects. In Part II, the article discusses both measurable and esoteric harms of cultural racism. Part III examines existing laws designed to regulate …

Prologue: Brief Of Amici Curiae On Behalf Of A Committee Of Concerned Black Graduates Of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jory Steele, Et Al., In Support Of Respondents, Luke Charles Harris

Michigan Journal of Race and Law

The brief of Amici Curiae on Behalf of a Committee of Concerned Black Graduates of ABA Accredited Law Schools in Grutter v. Bollinger was written so as to intervene and to assist in the refraining of the public debate surrounding minority admissions programs in institutions of higher education.

Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert

Michigan Journal of Race and Law

This Article asserts that race-based policing, enabled and exacerbated by race-blind judicial review, creates an ire with a purpose that promises, especially after September 11, to make us all less safe. The illegitimate marginalization of American citizens aggravates an already alienated population and primes them for cooperation with those who seek to harm the United States. Race-based policing guts the expectation of fair-dealing, legitimacy, and justice in the criminal justice system, creating marginalized populations, especially of African Americans. Lack of judicial redress in the face of such policing irrevocably stains already beleaguered African Americans (and others so policed) as inferior …

Ay 2003/2004 Honorary Degrees Schedule, Faculty Senate

Faculty Senate Archives

No abstract provided.

The Failure Of Aviation Safety In New Zealand: An Examination Of New Zealand's Implementation Of Its International Obligations Under Annex 13 Of The Chicago Convention On International Civil Aviation, Samantha Sharif

Journal of Air Law and Commerce

No abstract provided.

The Use Of Silence As A Political Rhetorical Strategy, Timothy J. Anderson

Masters Theses

Existing research on the rhetorical strategies of politicians has mainly focused on the speeches, appearances, and debates of political figures. Yet the absence of a clear response when expected, or silence, is a significant and frequently utilized rhetorical strategy. More directly, Erickson and Schmidt (1982) posit that, even though it is important to study, the topic of political silence has only received meager attention. Various politicians including President Clinton and California Congressman Gary Condit have both used political silence as responses to situations, and each instance had a different outcome. The focus of this study is on how the strategy …

Sputnik Phantasmagoria, Dario Arcamone

School of Art Graduate Exhibitions, Portfolios, and Theses

No abstract provided.

Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula

Elisabeth Haub School of Law Faculty Publications

This Article will examine the rise of Hindu nationalism in India and provide an overview of its already devastating consequences. In February and March 2002, over 2000 people were killed in state-supported violence against Muslims in the western state of Gujarat, led by the Hindu nationalist BJP that also heads a coalition government at the center. The attacks were carried out with impunity by members of the BJP, the Rashtriya Swayamsevak Sangh (“RSS,” National Volunteer Corps), the Vishwa Hindu Parishad (“VHP,” World Hindu Council), and the Bajrang Dal (the militant youth wing of the VHP). Collectively, these groups are known …

Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article examines criminal cases decided by the Wisconsin Supreme Court over a fifteen-year period in an effort to discern whether judicial elections undercut judicial independence by affecting the ways justices vote. Wisconsin was chosen for this study because the state's mix of appointed and elected judges allows a researcher to control for different judicial selection systems. Specifically, this Article questions whether voting patterns may be affected by a justice's proximity to judicial elections, election margins, and whether a justice was appointed or elected in the initial term, since the governor may appoint a justice to fill a vacancy on …

Patient Advocacy And Termination From Managed Care Organizations: Do State Laws Protecting Health Care Professional Advocacy Make Any Difference?, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article will explore the history, implementation, and impact of state advocacy protection statutes. The article is in four major parts. The first Part provides an introduction to the concept of advocacy, both as it was understood at common law, and as it is presently interpreted by HCPs and MCOs. The article will also examine the phenomenon of HCPs' “deselection,” that is, the termination or non-renewal of their contracts with MCOs. In this context, the article will highlight the distinction between anecdote and data and emphasize the paucity of hard evidence to support either side's version of the truth about …

Motions 2003 Volume 38 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Discussing The First Amendment , Christina E. Wells

Faculty Publications

Despite its many good qualities, Eternally Vigilant nevertheless suffers from a flaw common to First Amendment scholarship--a tendency to give short shrift to study of the social, psychological, historical, and political factors that influence the Court's decision making and, thus, free speech doctrine. Discussion including these influences would facilitate an even greater understanding of free speech doctrine and the principles that underlie it.

The New Paradigm Of Police Accountability: The U.S. Justice Department “Pattern Or Practice” Suits In Context, Samuel Walker

Saint Louis University Public Law Review

No abstract provided.

Freedom Of Liberty Takes On The Right To Privacy: An Analysis Of Adams V. City Of Battle Creek, The Circuit Split, And Possible Consequences Of Anti-Terrorism Legislation, Michelle Schipke Silies

Saint Louis University Public Law Review

No abstract provided.

The Reality And Myth Of The Superintendent Shortage: Implications For Research And Educational Policy, Lars G. Bjôrk, Margaret Grogan, Bonnie C. Johnson

Education Faculty Articles and Research

"An examination of research findings on the perception of a precipitous decline in the quantity and quality of superintendent applicants was undertaken by leading scholars in the field and is reported in two consecutive issues of the Journal of School Leadership. We trust that this authoritative body of work adds to the knowledge base, informs the national debate, and will guide policy deliberations in the coming years. The intent of the authors of this brief end piece is to reflect on empirical findings as well as to introduce a number of provocative scholarly observations that will hopefully elevate and focus …

The Experimental Art, Robert Root

The Journal of the Assembly for Expanded Perspectives on Learning

Nonfiction is an experimental art, as contemporary examples make clear, and writing teachers need to show students both how meaning arises from writers' experiments with material and also how form from writers' experiments at representing meaning.

Encounters: Relationship In The Study And Teaching Of Literature, Christina Vischer Bruns

The Journal of the Assembly for Expanded Perspectives on Learning

While trends in the teaching of literature of the last few decades may seem at odds with one another, the thread that can weave them together is a recognition of relationship among readers, text, author, and other readers.

Compos(T)Ing Loss: Transformation In The Telling, Laura Milner

The Journal of the Assembly for Expanded Perspectives on Learning

Using composting as a metaphor, this author examines the transformative potential in writing about and bearing witness to stories of loss, particularly the death of a parent.

An Unspoken Trust – Violated?, Kia Jane Richmond

The Journal of the Assembly for Expanded Perspectives on Learning

Reflecting on our decisions in the classroom, both when we are honest with our students & when we are not, can offer teachers opportunities for growth and change.

Connecting, Helen Walker, Jim Super, Pamela Hartman, Nancy Myers, Andrea Siegel, Traci L. Merritt, Susan A. Schiller, Wilma Romatz

The Journal of the Assembly for Expanded Perspectives on Learning

Helen Walker. Connecting.

Jim Super—Fearless

Pamela Hartman—English? I'd Rather Read A Book

Nancy Myers—B

Andrea Siegel—Walking the Talk, Breathing the Breath

Traci L. Merritt—The Day Jenny Died

Susan A. Schiller—Touched by the Spirit in AEPL Topics

Wilma Romatz—On the Delicate Art of Teaching

Reviews, Dale Jacobs, Stan Scott, Sue Hum, Lita Kurth

The Journal of the Assembly for Expanded Perspectives on Learning

Reviews

Dale Jacobs. The Energy to Teach (Donald H. Graves, 2001)

Stan Scott. Writing with Elbow (Pat Belanodd, 2002)

Sue Hum. Unfolding Bodymind (Brent Hocking, Johnna Haskell, Warren Linds, 2001)

Lita Kurth. The Unconscious (Athony Easthope, 1999)

Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger

Faculty Scholarship

The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his …

Privacy As A Legal Principle Of Identity Maintenance, Jonathan Kahn

Faculty Scholarship

This article considers how existing literature on privacy recognizes, constructs and otherwise implicates something the Anglo-American legal tradition recognizes as 'identity'. Integral to this concern is approaching privacy as a regulative principle for constructing and managing relations between the individual and three primary spheres of engagement: society, the market, and the state. Contemporary analyses of privacy tend to concentrate of how privacy protects the individual from state tyranny or the prying eyes of social busy bodies. Much less attention has been paid, however, to privacy as a principle for demarcating a space beyond the reach of market forces. As privacy …

Blessed And Awarded Are The Peacemakers? An Essay In Remembrance Of Harold Jacobson, J. David Singer

Michigan Journal of International Law

Tribute to Harold Jacobson.

Articulating The Right To Democratic Governance In Africa, Nsongurua J. Udombana

Michigan Journal of International Law

This Article articulates the right to democratic governance in Africa, arguing that democratic entitlement ought to acquire, if indeed it already has not acquired, a degree of legitimacy in the continent. If democratic governance is a fundamental human right, which this Article asserts it is, it follows that any African State that denies its citizens the right to any of the elements of democratic entitlement-such as free and open elections-is violating a fundamental right, which should attract responsibility. The Article begins with an examination of the patrimonial State structure in Africa and its negative impact on governance. It is a …

Gaming The Hatch-Waxman System: How Pioneer Drug Makers Exploit The Law To Maintain Monopoly Power In The Prescription Drug Market, Elizabeth Powell

Journal of Legislation

No abstract provided.

Getting Ripped Off By Copy-Protected Cds;Note, Ida Shum

Journal of Legislation

No abstract provided.