Digital Commons Network^™

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 …

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 Therapeutic Value Of The Equine-Human Relationship In Recovery From Trauma: A Qualitative Analysis, Janet Yorke

Theses and Dissertations (Comprehensive)

The purpose of this research was to explore the nature of equine-human bonding and its therapeutic value in recovery from trauma. The study sample consisted of six participants who identified that their pre-existing relationships with horses were therapeutic in recovering from various types of trauma (i.e. car accidents, horse-related accidents, work accidents and health trauma). Using a phenomenological perspective and an emotionalist lens, though the use of semi-structured interviews and video-tapes of horse-rider interaction, the study sought to describe the nature of the equine human bond and how it is useful in trauma recovery. The research results show that equine-human …

Campbell-Ewald [Encyclopedia Entry], James Pokrywczynski

College of Communication Faculty Research and Publications

No abstract provided.

The Prostitution Of Lying In Wait, H. Mitchell Caldwell

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.

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.

Coherence Or Bust: Telling Tales About Election Law, James A. Gardner

Journal Articles

No abstract provided.

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 …

Constraining Funnel Caldera Processes At VolcáN Huaynaputina, Southern Peru, Yan LavalléE

Theses and Dissertations

No abstract provided.

An Evaluation Of Voice Quality Of Athletic Coaches Preseason And Postseason, Aynsley L. Kluchnik

Theses and Dissertations

No abstract provided.

Variables Affecting Inclusion And Transition Of High School Students With Disabilities : Case Study, Linda K. Novacek

Theses and Dissertations

No abstract provided.

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 …

Effects Of Public And Private Evaluation On Procrastination In A Laboratory Setting, Joel Deloy

Theses and Dissertations

No abstract provided.

Liquid Water In Thunderstorm Anvils Over Kennedy Space Center, Florida : During The Summer 2001 Abfm Field Campaign, Jeffrey J. Schild

Theses and Dissertations

No abstract provided.

Nonprofit Leadership Certificate Program : Program Development And Documents, Kiley Clapper

Undergraduate Theses and Senior Projects

No abstract provided.

Farm-Level Pesticide Use In Bangladesh: Determinants And Awareness, S Rahman

School of Geography, Earth and Environmental Sciences

Farmers' awareness of beneficial and harmful effects of pesticides and factors determining use of pesticides were analyzed using survey data from 21 villages in three agro-ecological regions of Bangladesh. Pesticide cost accounts for about 7.7% of the gross value of output in cotton, 3.6% in vegetables, 2.5% in potato, 1.8% in modern rice, 1.6% in spices and less than 1% in other cereal and non-cereal crops. About 77% of farmers (highest 94% in Comilla) used pesticides at least once (37% applied once and 31% applied twice, and the rest applied for 3-5 times) in a crop season. Cultivation of traditional …

Constitutively Active Protein Kinase B Enhances Lck And Erk Activities And Influences Thymocyte Selection And Activation., Ak Patra

Peninsula Medical School

No abstract provided.