Digital Commons Network^™

Taking Stock Of Nafta Chapter 11 In Its Tenth Year, Jack J. Coe, Jr.

Vanderbilt Journal of Transnational Law

The North American Free Trade Agreement (NAFTA) came into force on January 1, 1994. Its Eleventh Chapter establishes substantive guarantees and an arbitral mechanism by which qualifying investors may seek damages for breach of those guarantees. The much-discussed investor-state arbitration apparatus was first invoked in September 1996, and since then has been resorted to several times against each NAFTA state. Many cases have concluded, while others are nearing completion. Though a mature jurisprudence has by no means emerged, substantive trends have been established and several of Chapter l's distinctive features, strengths, and weaknesses have been illuminated.

NAFTA's investor-state docket has …

American Judges And International Law, A. M. Weisburd

Vanderbilt Journal of Transnational Law

This article addresses an issue with which federal courts have been forced to deal with increasing frequency: How ought a judge go about determining the content of customary international law? The article seeks to demonstrate, using the example of the treatment of the concept of "jus cogens" by the courts of appeals, that federal courts have come to rely on doubtful sources in addressing questions of international law. More specifically, it sets out to show that courts frequently do not rely on the actual practice of governments to determine the content of customary international law, which would seem to be …

How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai

Vanderbilt Journal of Transnational Law

In the aftermath of the September 11th attacks, the United States has held suspected terrorist detainees captured during the military campaign in Afghanistan indefinitely at the United States military facility at Guantanamo Bay, Cuba. Among those currently detained are members of the al-Qaeda terrorist group and the Taliban. Currently the detainees are in the peculiar situation of generally being outside the scope of protections offered by both the international humanitarian law and the Unites States criminal law regimes.

This Note examines the extraterritorial scope of the United States Constitution as it applies to the suspected terrorist detainees at Guantanamo Bay. …

Remarks On Jonathan I. Charney, Jeffrey Schoenblum

Vanderbilt Journal of Transnational Law

I have been asked to speak for 10 to 15 minutes about a very dear friend and colleague of 25 years, Jon Charney, specifically about his contribution to Vanderbilt Law School. It is difficult to encapsulate any professor's contribution over the course of 30 years in mere minutes. This is especially difficult in Jon Charney's case, because in my opinion, Jon made an extraordinary, extensive, and enduring contribution that has earned him a place in the pantheon, among the giants in the history of this Law School.

This might seem an odd assertion to those who were acquainted with Jon. …

Jonathan I. Charney--Mourning And Celebration, Louis Henkin

Vanderbilt Journal of Transnational Law

Here, today, I wish to speak with you about Jon Charney, his good life, and his remarkable achievements. On this occasion I am pleased to add that I knew Jon Charney "professionally" before he began on the road to eminence. I was "present at the creation," as Jon Charney took his first steps toward becoming a world authority on the international Law of the Sea, and an eminent, prominent, lawyer and scholar in international law generally.

Jonny was still a law student when he spent a summer as my research assistant, when both of us learned that there was an …

Jonathan I. Charney: An Appreciation, W. Michael Reisman

Vanderbilt Journal of Transnational Law

Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …

An Appreciation Of Jonathan I. Charney, Lori F. Damrosch

Vanderbilt Journal of Transnational Law

Jon Charney preceded me into the academic world by a dozen years and already had a well-established reputation in international law when I was a brand-new law teacher. At the time we met in 1984, Jon was tackling some of the most ambitious topics in the theory and practice of international law, and he reached out to others for collegial engagement on those subjects. From the mid-1980s, he and I worked together on three collaborative books and on many projects for the American Society of International Law and the American Journal of International Law.

Among the themes that preoccupied Jon …

Creating A Life As A Lawyer, Thomas D. Morgan

Valparaiso University Law Review

No abstract provided.

Let's Make A Deal. Liability For "Use Of A Firearm" When Trading Drugs For Guns Under 18 U.S.C. § 924(C), Wendy E. Biddle

Valparaiso University Law Review

No abstract provided.

Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Desert Palace, Inc. v. Costa, 539 U.S. 90, 2003. The author expected the Court to clarify and define the circumstances in which it is appropriate to use the "mixed-motive model" to prove a violation of Title VII under the disparate treatment theory.

Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero

Faculty Scholarship

Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …

Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero

Faculty Scholarship

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.

Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero

Faculty Scholarship

The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery, often with seemingly contradictory results. Liberals often favor affirmative action but decry both racial profiling and the diversity visa lottery, while many conservatives hold the opposite view. Critical race theory provides a unique alternative to stock liberal and conservative arguments, allowing one to draw meaningful and persuasive distinctions among these seminal issues surrounding law enforcement, education, and immigration policy.

Tailoring Patent Policy To Specific Industries, Dan L. Burk

The Honorable Helen Wilson Nies Memorial Lecture

Prof. Burk illustrates that federal courts have diverged along industry-specific paths when deciding patent cases. He highlights courts' disparate treatment of the biotechnology and computer software industries within the uniform patent statute. Due to industries' differing requirements for innovation and development, Professor Burk argues that the currently general patent statute and its incentive to innovate may be improved by tailoring it to specific industries.

Reflections [Complete Issue : Third Quarter 2003], Sigma Theta Tau International, Barbara A. Trent, Pamela Klauer Triolo, F. Duke Haddad, Mary B. Maxwell, Janice Wisner, Darlene Sredl, Gloria R. Smith, Joanne K. Olson, May L. Wykle, Debbie Joseph

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

Leadership Myths

Bridging the Gap

Inspirational Linda

Journey into …

Arista3 Report Executive Summary: Nurses And Health, A Global Future, Sigma Theta Tau International

Sigma Resource Papers

Now completed, the Arista series, an initiative of the Honor Society of Nursing, Sigma Theta Tau International, was designed to bring the best thinking to bear in confronting health issues of global significance, providing a multinational, interdisciplinary platform from which to influence the change of nursing practice. The Arista think-tank meetings, named for the Greek word meaning "the brightest," assembled experts and reactors to converse, debate, find consensus and develop strategies for the future of nursing in an era of continuing health sector reform.

Determiner Typology And Universals Evidenced From Three Indo-European Languages, Ira Glenn Bottoms

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Building Ecological Literacy Through Ornithology-Based Fieldtrips: Experiences From An Educational Program In Patagonia, Kimberly L. Olson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Influence Of Occupational Therapists' Worldview On Clinical Reasoning And Action: A Qualitative Study, Matthew P. Mekkes

Masters Theses

This qualitative study examines the influence of occupational therapists’ worldview on clinical reasoning and action. Recent clinical reasoning research has determined that this complex and multi-faceted process is more than applied theory. Some scholars in occupational therapy have identified intrapersonal factors as influencing clinical reasoning. However, the nature and role of the intrapersonal factors in clinical reasoning remains unclear. To increase understanding of this phenomenon, semi-structured interviews were conducted with expert therapists. Results suggest that a therapist’s worldview, specifically related to beliefs about human nature does affect the way they envision and enact the occupational therapy process. This influence is …

Community Supervision Of Sex Offenders - Integrating Probation And Clinical Treatment, Mike Jenuwine, Ronald Simmons, Edward Swies

Journal Articles

The common reaction to the criminal acts committed by sex offenders includes disgust, anger, and a feeling of increased vulnerability. Not surprisingly, many people feel that convicted sex offenders should be locked up indefinitely, castrated, or put to death. In reality, however, nearly 60 per- cent of convicted sex offenders live in our communities under conditional supervision. The inherent problem with releasing convict- ed sex offenders into the community is the likelihood that they will repeat their crimes. To address this problem, intensive treatment programs for sex offenders have been developed to be used in combination with traditional measures such …

Legal And Policy Responses To The Disappearing "Teacher Exception," Or Copyright Ownership In The 21st Century University*, Elizabeth Townsend

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Policy Considerationsof New Use Copyright Law As It Pertains To Ebooks, Joshua A. Tepfer

Minnesota Journal of Law, Science & Technology

No abstract provided.

Bayer Ag V. Schein Pharmaceuticals, Inc.: A Pharmaceutical Company's Victory In Securing A Patent Monopoly Over Ciprofloxacin, Glenna L. Gilbert

Minnesota Journal of Law, Science & Technology

No abstract provided.

Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner

Faculty Scholarship

This comment analyzes the current state of students' free speech rights in the context of creative writing assignments and examines potential First Amendment applications to the Pennsylvania System of School Assessment (PSSA), a statewide, mandatory, standards-based exam administered to Pennsylvania public school students. The PSSA, which currently contains a writing assessment for students in sixth, ninth, and eleventh grades requiring students to write essays in response to prompts, is scored anonymously by private entities under contract with the Pennsylvania Department of Education. Those private subcontractors have "red-flagging" procedures in place to identify essays containing imagery or themes that indicate imminent …

The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

Identification And Characterization Of Contact Sites Between Human Chorionic Gonadotropin And Luteinizing Hormone/Choriogonadotropin Receptor, Myoungkun Jeoung

University of Kentucky Doctoral Dissertations

The luteinizing hormone receptor (LHR) belongs to the G protein-coupled receptorfamily. It consists of two distinct domains; the N-terminal extracellular exodomain and themembrane associated endodomain which includes 7 transmembrane domains, 3 exoloops, 3cytoloops and a C-terminal tail. Sequence alignment and computer modeling suggest thepresence of Leu Rich Repeat (LRR) motifs in the exodomain. Although their structuralsimilarity is high, each LRR is not equally important for hormone binding. Ala-scanning andtruncation studies performed in our laboratory suggest that LRR2 and LRR4 appear to be themost crucial. The Ala-scanning data suggest that Leu103 and Ile105 in LRR4 are important forhormone binding. However, it …

A Cultural Tour Of The Legal Landscape: Reflections On Cardinal George's Law And Culture, Charles E. Rice

Journal Articles

When a ruling of the supreme court meets with Congressional disfavor there are several remedies available to Congress. If the decision is not on a constitutional level, a later statutory enactment will suffice to reverse or modify the ruling. If, however, the Court's decision is an interpretation of a constitutional mandate, such as the requirement of the fourteenth amendment that legislative districts be apportioned according to population, then a statute could not reverse the decision because the statute itself would be subject to that constitutional mandate as defined by the Court.

The obvious method of reversing a Supreme Court interpretation …

New Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett

Journal Articles

Following the publication of Opportunities for Obtaining and Using Litigation Reserves and Disclosures, which highlighted the helpful information about litigation reserves that a litigator can often detect or discover from an opponent's financial statements, accounting books and records, tax returns, public filings with the Securities and Exchange Commission (the SEC), and auditor, two important regulatory developments occurred in early 2003 that create additional opportunities to obtain information about an opponent's assessments of (i) expected liability in the underlying case or (ii) obligations or settlements in similar cases. First, pursuant to the Sarbanes-Oxley Act of 2002, the SEC issued final regulations …

Keeping The Wheels On The Wagon: Observations On Issues Of Legal Ethics For Lawyers Representing Business Organizations, Irma S. Russell

Faculty Law Review Articles

This article explores the obligations of the lawyer to the corporate client and to society. It examines both established principles and recent developments relevant to the lawyer's role.

Part II discusses some of the rules of legal ethics that provide both guidance and restraints on corporate counsel. It focuses on the lawyer's duty to provide the client with independent professional judgment and to keep the client informed about the representation. It also explores the lawyer's duty to maintain the confidentiality of client information and duties specific to representing an organizational client.

Part III explains recent developments that may affect the …

A Guide For Buying Electronic Resources In A Consortial Environment: Using Georef As An Example, Adonna Fleming

University of Nebraska-Lincoln Libraries: Faculty Publications

Two cultural phenomena have greatly impacted library purchasing trends in the last few years. One, the Internet and its ability to provide instant access to electronic information, which in tum has created a huge demand for libraries to provide their information resources in electronic format; and two, the spiraling downward oflibrary budgets ITom which to pay for these electronic resources. In other words, the "perfect storm" has struck libraries at hurricane force. In order to survive, libraries have formed consortia to increase their purchasing power while offsetting costs. This in tum creates a "one package fits all" purchasing environment with …