Digital Commons Network^™

Legislative Supremacy: Myth Or Reality?, James Oakes

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Ethical Issues In Defending A Terrorism Case: How Secrecy And Security Impair The Defense Of A Terrorism Case, Joshua L. Dratel

Cardozo Public Law, Policy & Ethics Journal

The article discusses the unique ethical and legal challenges faced by criminal defense attorneys in terrorism cases, particularly highlighting the impact of Special Administrative Measures (SAMs), the Foreign Intelligence Surveillance Act (FISA), and the Classified Information Procedures Act (CIPA). These laws and regulations, expanded post-September 11, 2001, create significant barriers to effective representation, undermining the attorney-client relationship and constitutional protections. The article emphasizes how these measures not only complicate terrorism cases but also risk bleeding into other areas of criminal law, eroding civil liberties more broadly.

In The Absence Of Democracy: The Designation And Material Support Provisions Of The Anti-Terrorism Laws, Jennifer Van Bergen

Cardozo Public Law, Policy & Ethics Journal

The article argues that post-9/11 laws, particularly the Antiterrorism and Effective Death Penalty Act (AEDPA) and the USA PATRIOT Act (USAPA), have dangerously expanded governmental power at the expense of civil liberties. These laws, through provisions like material support for terrorism and the designation of Foreign Terrorist Organizations (FTOs), enable prosecutions that often violate due process and First Amendment rights. The article contends that sacrificing civil liberties for national security is both unnecessary and harmful, part of a historical pattern that undermines democracy and the rule of law.

2003 Precision Planted Performance Trials: Corn, R. G. Hall, K. K. Kirby

Agricultural Experiment Station Circulars (1920-1915)

This publication reports the performance of entries in the 2003 South Dakota corn hybrid performance trials for both non-Roundup-Ready and Roundup-Ready hybrids. Information includes both the most recent 2-year and 1-year grain yields in bushels per acre; and 1-year bushel weight, moisture percentages of shelled corn at harvest, acre harvest population, and stalk lodging percentages. These performance trials are conducted by the South Dakota Crop Performance Testing ( CPT) program at South Dakota State University.

Southeast South Dakota Experiment Farm Annual Progress Report, 2003, Agricultural Experiment Station

Agricultural Experiment Station and Research Farm Annual Reports

This document highlights 27 crop and livestock research and demonstration reports from projects conducted at Southeast Research Farm in 2003. It is published by the South Dakota Agricultural Experiment Station and Cooperative Extension Service at South Dakota State University in cooperation with the Southeast South Dakota Experiment Farm Corporation. Reports in this document include information on: temperatures and precipitation data, corn production and performance, soybean research and planting, soil testing, alfalfa yield test, fertilizer testing, herbicide research, crop rotation, sorghum, small grains, livestock research, and pest and weed control.

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski

Federal Communications Law Journal

As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended …

Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …

Disease Burden And Case Management Of Bacterial Meningitis Among Children Under 5 Years Of Age In Saudi Arabia, Yagob Y. Al-Mazrou, Elgeili K. Musa, Mohamed N. Abdalla, Mohamed H. Al-Jeffri, Sami H. Al-Hajjar, Omer M. Mohamed

Saudi Medical Journal

OBJECTIVE: This study was designed to explore the case management and disease burden of bacterial meningitis among children below the age of 5 years in the Kingdom of Saudi Arabia. METHODS: A prospective descriptive study was conducted during June 1999 through to May 2001 in 8 hospitals from 5 cities in different areas of the country. Those were, King Fahad Specialist Hospital and Maternity & Children Hospital, Buraidah, Belgorashi General Hospital and King Fahad Specialist Hospital, Al-Baha, Maternity & Children Hospital and Ohud Hospital, Al-Madina, Al-Qatif General Hospital in the Eastern Region and Prince Abdulrahman Bin Ahmed Alsudairy Central Hospital, …

Prevalence Of Gestational Trophoblastic Disease. A Single Institution Experience, Tariq Y. Khashoggi

Saudi Medical Journal

OBJECTIVE: To study the incidence and time trends of gestational trophoblastic disease in the Kingdom of Saudi Arabia (KSA). METHODS: A retrospective study of medical records of 64,762 pregnancies registered and treated at Security Forces Hospital, Riyadh, KSA, from January 1988 through to December 1998. RESULTS: Fifty-nine cases of hydatidiform mole (36 complete hydatidiform mole (CHM) and 23 partial hydatidiform mole (PHM) and 2 cases of choriocarcinoma were observed, out of 64,762 pregnancies registered at Security Forces Hospital, Riyadh, KSA, during an 11 year period. The temporal trends exhibited significant reduction in the incidence of GTD during the study period. …

Gastroesophageal Reflux In Bronchial Asthma Patients. A Clinical Note, Lubna Al-Asoom, Abdullah M. Al-Rubaish, Hassan A. El-Munshid, Awatif N. Al-Nafaie, Huda A. Bukharie, Ibrahim S. Abdulrahman

Saudi Medical Journal

OBJECTIVE: The objective is to correlate the symptoms of gastroesophageal reflux with the results of esophageal reflux with the results of esophageal pH metry in asthmatic patients. METHODS: A prospective study was carried out in King Fahd Hospital of the University, Al-Khobar, Kingdom of Saudi Arabia (KSA), during the period January 2000 through to February 2001, whereby 50 patients (34 females and 16 females) with primary diagnosis of bronchial asthma were consecutively enrolled, their mean age + SD was 38.01 + 9.8 years. Twenty-two subjects who were not suffering from asthma or gastroesophageal reflux (GER) (13 females and 9 males) …

2003-04 Faculty Senate - December 1, 2003 Minutes Summary, Faculty Senate

Faculty Senate Agendas & Minutes

No abstract provided.

Managers’ Incentives To Manipulate Earnings In Management Buyout Contests: An Examination Of How Corporate Governance And Market Mechanisms Mitigate Earnings Management, Joy Begley, Tim V. Eaton, Sarah Peck

Finance Faculty Research and Publications

In an MBO contest, managers offer to buy the firm from public shareholders at a premium to the current market price and thus have incentives to buy the firm “cheap.” Prior studies have found evidence that managers, on average, manipulate earnings downward prior to an MBO offer in an attempt to convince shareholders that their offer is fair. We extend this finding by attempting to explain the substantial cross sectional variation in the degree of manipulation across firms reported in these earlier studies. We find that boards with more independent directors and higher levels of incentive based compensation for the …

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …

Conflict Between The Public Trust And The Indian Trust Doctrines: Federal Public Land Policy And Native Indians, Rebecca T. Tsosie

Tulsa Law Review

No abstract provided.

Personal Foul: Unnecssary Restriction Of Endorsement And Employment Opportunities For Ncaa Student-Athletes, David Warta

Tulsa Law Review

No abstract provided.

Daily Eastern News: December 01, 2003, Eastern Illinois University

December

No abstract provided.

Andy Warhol's Jackie Ii (1966), David M. Lubin

Colby Quarterly

No abstract provided.

Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer

William & Mary Bill of Rights Journal

Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …

Beauty As Currency, Joseph Abide

Electronic Theses and Dissertations

This body of work addresses the concept of physical beauty and the attendant value that we as a society place upon it. Beauty shares characteristics with other prized possessions in life. It may be traded for monetary gain, as is the case with professional models. The exchange is not always so obvious. What constitutes beauty is open to many interpretations as to why it is deemed desirable. I have observed physical characteristics which are valued as attractive, change, from one social group to another and within that same society evolve with the passage of time.

Physical beauty differs from other …

19 | The Neolithic Site Of Abu Ghosh, Hamoudi Khalaily, Ofer Marder

IAA Reports—Monograph Series of the Israel Antiquities Authority

Excavations at the Neolithic site of Abu Ghosh in the Jerusalem Hills uncovered two periods: the Pre-Pottery Neolithic B (PPNB) and the Pottery Neolithic (PN). This volume documents the results of the excavations of villages of these two consecutive periods, including architecture, lithics, groundstone, pottery, small finds and fauna. The PPNB village comprised domestic structures, courtyards, plaster floors and enclosing fences. Domestic activities took place in the courtyards. The PN village layout is less clear, as it was dug into the earlier remains. The faunal analysis reveals evidence of incipient domestication of wild goats in the PPNB assemblage, and by …

An Empire Of Law: Legalism And The International Criminal Court, John M. Czarnetzky, Ronald J. Rychlak

Notre Dame Law Review

No abstract provided.

The Legacy Of Dames & (And) Moore V. Regan: The Twilight Zone Of Concurrent Authority Between The Executive And Congress And A Proposal For A Judicially Manageable Nondelegation Doctrine, Rebecca A. D'Arcy

Notre Dame Law Review

No abstract provided.

The Illusory Protections Of The Poison Pill, William J. Carney, Leonard A. Silverstein

Notre Dame Law Review

No abstract provided.

Trespass-Zoning: Ensuring Neighborhoods A Safer Future By Excluding Those With A Criminal Past, Peter M. Flanagan

Notre Dame Law Review

No abstract provided.

Administrative Law, Martin M. Wilson

Mercer Law Review

Administrative law continues to be a front-burner item in the practice of law because each day more and more activities, businesses, and persons fall under a state or local agency's regulatory sphere of influence. While the number of appellate cases reviewed in this Article has dropped slightly from recent years, reports from several agency heads in state and local governments would lead one to believe that agency workloads only continue to increase. Given the current economy and resulting shortfalls of tax revenues, it will be interesting to observe what effects static or reduced levels of enforcement and regulatory officials will …

Business Associations, Paul A. Quirós, Lynn S. Scott, James F. Brumsey

Mercer Law Review

This Article surveys noteworthy cases in the areas of corporate, securities, partnership, and banking law decided during the survey period' by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. The Article also summarizes recent enactments of the Georgia General Assembly with respect to the foregoing subject matters.

Construction Law, Dennis J. Webb Jr., Justin S. Scott, Henry L. Balkcom Iv, Dana R. Grantham

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia appellate courts between June 1, 2002, and May 31, 2003. The cases discussed primarily fall within five categories: (1) contract; (2) tort; (3) mechanic's and materialman's liens; (4) workers' compensation; and (5) arbitration. The Article also includes a miscellaneous section covering noteworthy cases that do not fit neatly into the sections enumerated above.