Digital Commons Network^™

Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller

Journal Articles

Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …

Forcing States To Be Free: The Emerging Constitutional Guarantee Of Radical Democracy, James A. Gardner

Journal Articles

No abstract provided.

Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly

Journal Articles

No abstract provided.

Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly

Journal Articles

No abstract provided.

Due Justice: Amelioration For Law School Compliance With The Solomon Amendment: A Handbook For Law Schools, Chai Rachel Feldblum, Michael Boucai

Other Scholarship

No abstract provided.

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Journal Articles

One of the most important challenges to lawyers and clients is addressing issues that are not controlled by law. Will the client take steps (legal steps) that will harm other people? Will the officers of a corporation consider the effects of its actions on workers, on consumers, on the community, on the environment? In a divorce, will the client take actions that will harm a child or spouse? What role should the lawyer play regarding these questions? The way lawyers address such issues may do more to determine whether their practice is socially useful or socially harmful than any rule …

Cultural Change And "Catholic Lawyers", Stephen F. Smith

Journal Articles

If there is anything that America definitely does not need, it would seem, it is more lawyers. Over the last thirty years or so, the number of lawyers practicing in the United States has almost tripled to current levels of roughly 900,000 practicing attorneys. To this number, our nation's law schools add another 35,000 attorneys annually. In spite of this, the purpose of this special inaugural law review issue is to commemorate the founding of a new school, the Ave Maria School of Law. It is an honor for me to be able to share in the joy and pride …

Federal Courts, International Tribunals, And The Continuum Of Deference, Roger P. Alford

Journal Articles

The focus of the article is the degree of deference that federal courts should confer on the decisions of international tribunals. The Supreme Court has suggested that respectful consideration should be given to international tribunal decisions, but absent further guidance, federal courts have haphazardly addressed the question of what effect to give to their judgments. What is needed is a methodology for deference. For the first time in scholarly literature this article proposes such a methodology for all international tribunals based on seven models that have been applied to different international tribunals and should be applied to dozens of others. …

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny

Journal Articles

A discussion on the contribution of Judge John T. Noonan’s works on moral doctrine to the study of Catholic moral theology. Professor Kaveny argues that Noonan’s writings have aided the development of Catholic moral doctrine by examining its rich living history and tradition. She notes that Noonan views the subject as a social historian who is interested in how Catholics have interpreted moral theology over time, tracing continuities and changes in their positions, and as a lawyer who is interested in learning how they have tried to find a balance between human dignity and the common good. Professor Kaveny addresses …

Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig

Journal Articles

I deeply wish to see more good empirical work in family law. If our system had all of the money in the world, I would wish to spend it to guarantee happy, healthy children. But since resources are scarce, and children's issues must compete with other interests that range from national security to care for the elderly, I would suggest spending a relatively modest amount to determine what programs would likely prove successful.

Usually public policy follows from the wishes of adults. In family law, this occurs although virtually all the legislation dealing with families and children begins with a …

Just Do It: An Antidote To The Poison Pill, Julian Velasco

Journal Articles

The poison pill is the most powerful defense against hostile takeovers. It can render a company takeover-proof, or nearly so. Efforts at developing an antidote have focused largely on shareholder-adopted bylaws, but the legality of such proposals has been questioned by many. In any event, shareholder-adopted bylaws have not been very successful in eliminating poison pills thus far. In order to effect takeovers, hostile bidders cannot rely on the courts or the target company's shareholders; they can rely only on themselves. In this article, I propose a strategy for hostile bidders to counteract the poison pill and to consummate hostile …

Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey

Journal Articles

The attorneys' fees awarded to plaintiffs’ counsel in securities fraud class actions have generated controversy for years. Critics have claimed that enormous fee awards come at the expense of defrauded investors and simply spur extortionate lawsuits against issuers and other potential deep pocket defendants. Commentators also have raised concerns that plaintiffs' class action lawyers manipulated class representatives, persons who had little incentive to monitor class counsel’s activities.

To address these concerns, Congress enacted the Private Securities Litigation Reform Act ("PSLRA"). Among other things, the statute sought to protect absent class members by giving control of the litigation to lead plaintiffs …

Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook

Journal Articles

No abstract provided.

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Journal Articles

In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …

The Prostitution Of Lying In Wait, H. Mitchell Caldwell

University of Miami Law Review

No abstract provided.

Lawyers' Poker, Steven Lubet

University of Miami Law Review

No abstract provided.

Could Shakespeare Think Like A Lawyer? How Inheritance Law Issues In Hamlet May Shed Light On The Authorship Question, Thomas Regnier

University of Miami Law Review

No abstract provided.

Sex, Lies, And Polygraph Machines: The Portrait Of Mr. Cassamassima, James M. Shaw

University of Miami Law Review

No abstract provided.

Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Journal Articles

Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth century. Part …

The Fundamentals Of Forest Certification, Errol E. Meidinger, Christopher Elliott, Gerhard Oesten

Contributions to Books

Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.

Stare Decisis And Due Process, Amy Coney Barrett

Journal Articles

In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, on occasion, slides into unconstitutionality. The Due Process Clause requires that a court give a person notice and an opportunity for a hearing before depriving her of life, liberty or property. Because of this requirement, courts have held in the context of issue preclusion that as a general rule, judicial determinations can bind only parties. The preclusion literature asserts that this parties only requirement does not apply to stare decisis because stare decisis, in contrast to issue preclusion, is a flexible doctrine. Yet stare decisis …

Biodiversity And Mom, John Copeland Nagle

Journal Articles

In December 1973, Congress enacted the Endangered Species Act (ESA). The law was the latest, and greatest, federal effort to prevent wildlife from becoming extinct. The members of Congress who voted for the law always mentioned bald eagles, grizzly bears, whooping cranes, alligators, and whales—the animals, in short, that today are most likely to be memorialized as Beanie Babies. They were also aware of the species that had already disappeared from the earth, such as the passenger pigeon and the great auk. Such images yielded an overwhelming vote in favor of the law. President Nixon signed it on December 28, …

A Crisis Of Caring: A Catholic Critique Of American Welfare Reform, Vincent D. Rougeau

Journal Articles

The current deterioration of the American economy is bringing new attention to the problem of poverty in the United States. After falling over the last few years, the number of Americans living in poverty has begun to rise once again. Notwithstanding the achievements of recent "welfare reforms," the American poor continue to be numerous by any measure.

Unfortunately, decades of affluence have exacerbated American tendencies to view liberal concepts such as freedom, autonomy, tolerance, and choice in ways that accentuate personal autonomy over community integration. These liberal values have been increasingly unhinged from strong countervailing principles like duty and responsibility, …

Pope John Paul Ii And The Dignity Of The Human Being, John J. Coughlin

Journal Articles

Since his election in 1978 as the Successor to the Apostle Peter, His Holiness Pope John Paul II has remained one of the principal protagonists on the global stage for the dignity and value of every human being. Although the popular press and media sometimes have been slow to recognize this message, an online search of the Holy Father's copious encyclicals, addresses, and homilies reveals that he has advocated human dignity literally hundreds of times during the course of his twenty-five year pontificate. In fact, long before his election as Pope, Karol Wojtyla was developing his understanding of the dignity …

Rapid Measurement Of Indoor Mass-Transfer Coefficients, Glenn Morrison, Zhao Ping, Deborah J. Wiseman, Maneerat Ongwandee, Hong Chang, Julie Portman, Shekhar Regmi

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Indoor air pollutant concentrations can be influenced by how rapidly species are transported to and from surfaces. Consequently, a greater understanding of indoor transport phenomena to surfaces improves estimates of human exposure to indoor air pollutants. Here, we introduce two methods of rapidly and directly measuring species fluxes at indoor surfaces, allowing us to evaluate the transport-limited deposition velocity, v_t (a mass-transfer coefficient). The deposition velocity sensor (DeVS) method employs a small microbalance coated with a pure hydrocarbon, preferably octadecane. We quantify flux (or evaporation rate) of the hydrocarbon into a room by observing the rate of mass loss …

Hygiene Factors Contributing To Alumni Satisfaction In Attending Rochester Institute Of Technology's Service And Hospitality Management Masters Of Science Degrees From 1988 To 1997, Charles Iv Farran

Theses

Prior to this study there have been no alumni satisfaction studies of the Department of Food, Hotel and Tourism Management Masters Degree Programs from Rochester Institute of Technology. The purpose of this study is to determine the level of satisfaction of alumni and the impact hygiene factors have on alumni satisfaction. The initial element of the procedures was to conduct research. This research was accomplished through a review of pertinent literature. The review of literature was followed by the establishment of goals and parameters for this study. A survey was mailed to all the graduates of the F.H.T.M. masters programs. …

Single-Nucleotide Polymorphisms In Soybean, Y. L. Zhu, Q. J. Song, D. L. Hyten, C. P. Van Tassel, L. K. Matukumalli, D. R. Grimm, S. M. Hyatt, E. W. Fickus, N. D. Young, P. B. Cregan

Department of Agronomy and Horticulture: Faculty Publications

Single-nucleotide polymorphisms (SNPs) provide an abundant source of DNA polymorphisms in a number of eukaryotic species. Information on the frequency, nature, and distribution of SNPs in plant genomes is limited. Thus, our objectives were (1) to determine SNP frequency in coding and noncoding soybean (Glycine max L. Merr.) DNA sequence amplified from genomic DNA using PCR primers designed to complete genes, cDNAs, and random genomic sequence; (2) to characterize haplotype variation in these sequences; and (3) to provide initial estimates of linkage disequilibrium (LD) in soybean. Approximately 28.7 kbp of coding sequence, 37.9 kbp of noncoding perigenic DNA, and …

Catalog Denison University 2003-2004

Denison University Catalogs

Denison University Course Catalog 2003-2004

Deprivatizing Copyright, Subha Ghush

Case Western Reserve Law Review

No abstract provided.

Health Education For Urban Refugees In Cairo : A Pilot Project With Young Men From Sierra Leone And Liberia, Elizabeth Coker, Alison Bichard, Andrea Nannipieri, James Wani

Faculty Journal Articles

This pilot project, conducted under the auspices of the Forced Migration and Refugees Studies Program (FMRS) at the American University in Cairo, arose as part of a continued commitment to outreach projects of direct benefit to the refugee community. Maintaining healthy behaviors and accessing adequate health care are particular challenges for refugees living in large urban areas such as Cairo. Young refugees are at risk for unplanned pregnancy, sexually transmitted diseases, and other health-related problems such as nutritional deficits and stress-related disorders. Education in their country of origin may have been disrupted, and in Cairo they may be separated from …