Digital Commons Network^™

Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang

Faculty Articles

In this brief article, Professor Chang explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate to and/or identify with the historical persons who occupy very different subject positions with regard to race, nationality, immigration …

(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang

Faculty Articles

This article begins with the controversy over a proposed monument based on a widely disseminated photograph of three firefighters raising the American flag over the ruins of the World Trade Center. The three firefighters were White. The proposed monument would have had one White firefighter, one Black, and one Hispanic. This article argues that the controversy over the proposed monument serves as a microcosm for the larger and more important struggle over racial and gender diversity within fire departments, generally.

Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing

Faculty Articles

This article explores policy choices and model acts related to public health administration in the U.S. This article provides information of the general public or state policymakers concerning important policy choices, variation of the pre-existing legal structure in each state, and the principles of separation of powers in limiting legislature's ability to delegate legislative-type decisions.

The Sojourner’S Truth And Other Stories, Robert S. Chang

Faculty Articles

In this introductory essay to a cluster of articles on Migrations, Citizens, and Latinas/os, Professor Chang frames the work of Ruben Garcia, Camille Nelson, and Victor Romero as setting forth what might be described as truths that can be learned from the sojourner/immigrant. This essay argues that the sojourner/immigrant's contributions to U.S. society are often ignored or discounted, which may be due to a willful amnesia because we do not want to think about what we might owe the sojourner/immigrant with regard to her entry into the United States, her stay, and her departure.

Proximate Cause And The American Law Institute: The False Choice Between The "Direct Consequences" Test And The "Risk Standard", Michael Wells

Scholarly Works

This article takes a new look at an old problem that lies at the heart of tort law: How does one define the scope of liability when a negligent actor causes unforeseeable harm? This topic once drew the attention of such legal giants as Benjamin Cardozo, Robert Keeton, and William Prosser. Today it seems largely forgotten, except for a class or two in first year torts courses.

The occasion for examining the unforeseeable harm issue is the proposed revision of the Restatement (Third) of Torts by the American Law Institute ("ALI"). In a tentative draft of portions of the Restatement …

Assessing International Criminal Adjudication Of Human Rights Atrocities, Diane Marie Amann

Scholarly Works

These remarks were presented on January 5, 2001, as part of a panel on international criminal adjudication at a conference entitled "Into the 21st Century: Reconstruction and Reparations" in Cape Town, South Africa.

The United States joined a number of countries that rushed to sign the treaty to establish the International Criminal Court. They included states like Yemen, Iran, and Israel. These three, along with the United States, were among the few that had refused to vote in favor of the treaty when it was adopted at a diplomatic conference in Rome in 1998. By the end of 2000, 139 …

The Heart Of Federalism: Pretext Review Of Means-End Relationships, J. Randy Beck

Scholarly Works

Section I of this article seeks to correct a common scholarly misconception regarding the sort of pretext review envisioned by McCulloch v. Maryland. All students of McCulloch understand the decision to call for judicial review of the means-end relationship underlying a federal statute. But McCulloch also indicated that the Court would strike down legislation "should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government." Various constitutional scholars construe this pretext passage to contemplate a second inquiry--separate from the Court's scrutiny of means-end relationships--into whether the legislative motive behind a …

Adult Guardianship In Georgia: Are The Rights Of Proposed Wards Being Protected? Can We Tell?, Eleanor Crosby Lanier

Scholarly Works

National scrutiny of guardianship policies and practice by scholars and legal, health, and social service practitioners followed. This resulted in a succession of forums, studies, and recommendations aimed at improving the guardianship system. One such forum was the Wingspread conference, convened by the American Bar Association (ABA) in 1988. Experts from a variety of fields met to produce a groundbreaking set of recommendations for reforming guardianship. Wingspan, a second national guardianship conference addressing reform issues in 2001, produced in a second series of recommendations. The recommendations from these two conferences proposed greater protection for the proposed ward's liberty interests and …

Lightening The Load: In The Georgia Supreme Court, R. Perry Sentell Jr.

Scholarly Works

The Supreme Court of Georgia enjoys legendary status in perpetuating both "law" and "justice" for the citizens it serves. It functions as an institution of rich tradition, and it operates from a perspective of historic proportions. The court's heritage exudes a profusion of shaping facets, facets coalescing to yield an indelible profiles of Georgia's juristic content. That profile reflects such characteristics as the court's authoritative underpinnings: the legends of judicial fame to whom the court periodically returns for lessons of wisdom. Other distinctions focus upon the court's output: the per curiam opinion, for example, constitutes an expressive peculiarity of historical …

Development And Modelling Of A Point Source Integrating Cavity Absorption Meter (Psicam), Christophe Jean-Yves Joel Lerebourg

School of Biological and Marine Sciences Theses

The absorption coefficient is a fundamental parameter in understanding the underwater light field, for solving the Radiative Tranfer Equation and understanding/interpreting remotely sensed data from the ocean. Measuring the absorption coefficient is particularly complicated in coastal areas where the optical properties of the water body are the result of a complex mixture of dissolved and particulate components, but mainly because of the interfering effect that scattering has upon the measurements. A great variety of in situ instruments and laboratory techniques have been developed to measure total absorption or the absorption by the various fractions that constitute the total absorption. They …

Human Impact On Karst: The Example Of Lusaka (Zambia), Jo De Waele, Roberto Follesa

International Journal of Speleology

Lusaka, the capital of Zambia with over 2,000,000 inhabitants, is built on an extensive plateau composed mainly of schists and dolomitic marbles, constituting a very important aquifer that provides the city with almost half of its drinking water needs. Recent demographic growth, leading to uncontrolled urban expansion, and mismanagement of the water resource and of urban waste has lead, in the past 20 years, to an overexploitation of the aquifer and to a generalised water quality depletion, putting in serious danger the future social and economical development of the capital. This third world city has, for these reasons, become a …

Importance Of Seagrass Beds As A Habitat For Fishery Species Around Jersey, Emma Louise Jackson

School of Biological and Marine Sciences Theses

Worldwide, seagrass habitats have been identified as important nursery areas, refugia and feeding grounds for many faunal species, including those of commercial and recreational value. Their importance as both permanent and temporary habitats has been recognised in UK fisheries management and conservation strategies; however, it must be emphasised that current knowledge of the roles of seagrass habitats originates mostly fromm research carried out outside the UK. Also, the subtidal distribution of Zostera around the British Isles has not been rigorously quantified at many locations. Local studies are essential for providing the relevant information required by fishery agencies to make valued …

Head Start, Other Preschool Programs, & Life Success In A Youth Cohort, Richard K. Caputo

The Journal of Sociology & Social Welfare

This study assesses the effects of Head Start and other preschool programs on five life success measures in a U.S. cohort of youth (N = 5,621). The life success indices are average annual income-to-poverty ratios, economic mobility, and number of years the youth lived in families whose incomes fell below official poverty thresholds, received Food Stamps, and received TANF/AFDC. Controlling for a variety of background and other factors in separate regression models for each life success measure, results show that youth who participated in preschool programs other than Head Start had higher average annual income-to-poverty ratios than nonpreschoolers. Bivariate findings …

Law, Theory And Aboriginal Peoples, Gordon Christie

All Faculty Publications

Some Aboriginal people see domestic Canadian law as alien and oppressive. This paper explores one source of this perception. By examining the layers of theory and world-view upon which the law is based, it finds conflict with the sensibilities of Aboriginal peoples. The author argues that a liberal vision supports and enlivens the law, and because it is grounded in this vision, the law cannot protect the interests of Aboriginal peoples. In analyzing the current legal approach to the protection of Aboriginal interests, an alternative liberal argument based on group autonomy is also considered. By examining the debate between liberal …

Multilateral Management As A Fair Solution To The Spratly Disputes, Wei Cui

All Faculty Publications

The Spratlys are a scattered group of islands in the South China Sea over which China, the Philippines, Vietnam, Malaysia, and Brunei have made conflicting jurisdictional claims. Although there has been significant academic discussion of this dispute, the Author argues that much of it is hampered by a discourse obsessed with the regional balance of power and security-related strategies that are only tenuously related to each nation's specific legal claims in the Spratlys. In this Article, the Author suggests that a more productive approach to the Spratly disputes is one focused on finding a solution that is fair to all …

Tax Policy And Global Warming, David G. Duff

All Faculty Publications

The Canadian government announced its ratification of the Kyoto Protocol to the United Nations Framework Convention on Climate Change on December 17, 2002. Under this protocol, Canada has agreed to reduce annual emissions of greenhouse gases (GHGs) to 6 percent below 1990 levels during the period 2008-2012 - a commitment that requires a 30 percent reduction relative to projected GHG emissions for 2010 assuming business as usual. In order to achieve this objective, the Canadian government has established specific reduction targets and proposed various policy instruments in its climate change action plan (CCAP) released in November 2002. Although the main …

Special Federal Tax Assistance For Charitable Donations Of Publicly Traded Securities: A Tax Expenditure Analysis, David G. Duff

All Faculty Publications

This comment questions both the justification offered in the Department of Finance study and tax assistance for charitable giving in the form of a reduced capital gains inclusion rate on gifts of publicly traded securities. The article begins by presenting the most persuasive rationale for special tax treatment of charitable contributions under the income tax and the implications of this justification for the design of an appropriate tax incentive. In light of this analysis, the article turns to the reduced capital gains inclusion rate on gifts of publicly traded securities and the justification offered in the Department of Finance study. …

Indigenous Territoriality In Canadian Courts, Douglas C. Harris

All Faculty Publications

Territoriality describes the communication or assignment of meaning to particular boundaries in order to assert control over a define space. It encompasses the strategies, used by those attempting to maintain control and those seeking to acquire it, to give meaning to the spatial boundaries that demarcate jurisdiction. This chapter explores the competing territorialities of the Canadian state and indigenous peoples in the context of litigation over Aboriginal rights to fish. Access to and management of the fisheries have been and continue to be one of the principal points of conflict between the state and indigenous peoples. The disputes frequently lead …

The Separation Of Church And Date: Destabilizing Traditional Religion-Based Legal Norms On Sexuality, Bruce Macdougall

All Faculty Publications

The 2002 case of Hall v. Powers brought into sharp focus the conflict between the constitutional guarantees for religion and for non-discrimination on the basis of sexual orientation. The case arose out of the desire of a student, Marc Hall, attending a Roman Catholic school in Ontario, to take his boyfriend to his high school prom. Because the boyfriend was not a student at the school, Hall was required to submit the name of his date to the school for approval. The principal denied Hall permission to attend the prom with his boyfriend, and the school board refused to reverse …

Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes

All Faculty Publications

This paper takes seriously the objection that allowing prisoners to vote may have an impact on the outcome of elections or on the development of law and policy, given the extraordinarily high incarceration rate currently a reality in the United States. The reality that prisoners may have an impact on the outcome of elections is an argument in favour of allowing them to vote rather than against it. A progressive critique or constitutional challenge of prisoner disenfranchisement should call attention to the instrumental, as well as symbolic and constitutive functions of voting, and must defend the importance of having the …

The War On Terror: Constitutional Governance In A State Of Permanent Warfare?, W. Wesley Pue

All Faculty Publications

This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal anti-terrorism legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.

Shenpi (Licensing) Reform From The Perspective Of One Municipal Jurisdiction: Ideologies, Institutions, And Law, Wei Cui

All Faculty Publications

The Administrative Licensing Law (xingzheng xuke fa) will constitute a major addition to Chinese administrative law, and the rhetoric surrounding its drafting promises path-breaking reform of the Chinese regulatory state. This report critically assesses that promise by chronicling the actual course of shenpi (licensing) reform carried out in Shenzhen in 2001. Shenpi reform derives its novelty from questioning the rationale of regulatory policies and not just the procedures by which they are carried out. In Shenzhen, however, the reform revolved around an effort to achieve quantitative reduction in the number of shenpi procedures, which could reflect either changes in the …

Cultural Projects And Structural Transformation In The Legal Profession, W. Wesley Pue

All Faculty Publications

This paper explores the history of professional formation amongst lawyers, pointing to the surprising conclusions that contemporary legal professionalism bears little continuity with supposed roots in British professionalism and that one of the major motors driving professionalism was related to a project of cultural transformation in state and society at large. Whilst legal professions appear exclusionary and xenophobic from an outside perspective, the desire to control difference has deeper, more fully cultural roots, than arguments from self-interest per se might suggest.

Towards A Single Definition Of Armed Conflict In International Humanitarian Law: A Critique Of Internationalized Armed Conflict, James G. Stewart

All Faculty Publications

The strict division of international humanitarian law into rules applicable in international armed conflict and those relevant to armed conflicts not of an international nature is almost universally criticized. Even though attempts to abandon the distinction were made at every stage of negotiation of the Geneva Conventions and their Protocols, calls for a single body of international humanitarian law have since died out. This article revives those calls by highlighting the inadequacies of the current dichotomy’s treatment of internationalized armed conflicts, namely, armed conflicts that involve internal and international elements. It concludes that the law developed to determine this “internationalization” …

Montana's Rural Elderly, Keila M. Szpaller

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"Little Bit Of Paradise": Women's Search For Comfort In Late-Nineteenth Century Montana, Allison Badger

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Finding And Understanding The Elusive Self: Changing Identities In Amy Tan's The Hundred Secret Senses And Maxine Hong Kingston's The Woman Warrior, Jennifer Walworth

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Bitterroot Community Dispute Resolution Center: Establishment Of A Nonprofit Alternative Dispute Resolution Center In The Bitterroot Valley Of Western Montana, Martha A. Birkeneder

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Whispering In The Wind: Text And Tradition In Blackfeet Apologia, Rowland G. Freeman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Impact The Organizational Leadership Has On Selected Factors At The Georgia Commission On Equal Opportunity, Lisa L. Burroughs

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to research the impact the organizational leadership has on selected factors--climate and culture, employee retention, and employee training and development--at the Georgia Commission on Equal Opportunity (GCEO) in Atlanta, Georgia. Over the years, the GCEO had implemented several privileges in an attempt to retain and motivate the employees. These privileges were compressed work schedules, teleworking, and maintaining a high level of technology. Other benefits that were offered were paid holidays, vacations, and sick days. The question became whether these were enough to retain quality employees. Although these benefits had created longevity in a few employees, …