Digital Commons Network^™

Throwing Caution To The Wind: The Precautionary Principle, Nafta And Environmental Protection In Canada, Paul Guy

Dalhousie Journal of Legal Studies

According to the precautionary principle, the lack of full scientific certainty should not preclude measures to prevent environment degradation. This principle has been incorporated into numerous international instruments and is approaching the status of customary international law. Moreover, the Canadian government has embraced the principle and the Supreme Court of Canada recently confirmed it as a basis of environmental policy in 114957 Canada Ltée (Spraytech, Société dʼ’arrosage) v. Hudson (Town). This paper examines the ability of the precautionary principle to actually function as a guide for environmental policy in light of Canadaʼs international trade obligations. In particular, it considers Canadaʼs …

From Legal Disputes To Conflict Resolution And Human Problem Solving: Legal Dispute Resolution In A Multidisciplinary Context, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Although this essay traces my own intellectual journey as a teacher and scholar of "alternative dispute resolution," it describes as well the evolution of the field of dispute resolution (rooted in legal studies) to the now broader field of conflict resolution that encompasses the study of disputes and conflicts, not only when they "come to law" in legal disputes, but in all forms of human conflict, including the interpersonal, domestic, and international. While my work began in legal disputing, it quickly moved to the more interdisciplinary study of conflict resolution when I sought better solutions to human problems than those …

Analysis Of Artifacts From Avon Valley, Montana, Leslie M. Riley

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Searching For Amen| A Year In Poetry, Suzanne Therese Schmidt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Sense Of Place| An Investigation Into The Concept Of Sense Of Place, Jeanette Barnes

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Timeline In Stone| Lithic Indications Of Social And Economic Change At Housepit 7 Of The Keatley Creek Site, Terrence M. Godin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Making Of A Sub-Region In The American West| A Historical Geography Of Logging, Stock Raising, And Farming In "Pagosa Country," Colorado From The Late Nineteenth Century To The Early Twentieth Century, Sean D. Pummill

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Anthology Of Individual Perspectives On The Meaning Of "Sense Of Place" In A Modern-Day World, Carly A. Mayberry

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear

Faculty Publications

A newly authorized "early disposition departure" permits federal judges to reduce the sentences of criminal defendants who plead guilty quickly pursuant to a locally adopted early disposition program. The new departure mechanism provides the first formal mandate in the United States Sentencing Guidelines for "localization," that is, adjusting the sentences of federal defendants based on local circumstances. This paper provides a defense of localization, and suggests that localization may be reconciled with the Guidelines' overriding objective of transparency in sentencing. The early disposition departure provides a model of "transparent localization," but could be reformed so as to offer both transparency …

Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda

Faculty Publications

A prominent law dean is forced to resign over an alleged sexual affair with a student; a writing instructor details in a national magazine his steamy affair with his married student; a student stalks her male professor after he ends their sexual relationship and the criminal stalking charges against her are only dropped when she agrees to voluntarily leave the country. Increasingly, such tantalizing scandals are making their way into the nation's daily consciousness. Yet, behind all of these shocking tales of decadence lays the very real dilemma as to how college and university administrators should regulate consensual relationships between …

A Theory Of Crimes Against Humanity, David Luban

Georgetown Law Faculty Publications and Other Works

The answer I offer in this Article is that crimes against humanity assault one particular aspect of human being, namely our character as political animals. We are creatures whose nature compels us to live socially, but who cannot do so without artificial political organization that inevitably poses threats to our well-being, and, at the limit, to our very survival. Crimes against humanity represent the worst of those threats; they are the limiting case of politics gone cancerous. Precisely because we cannot live without politics, we exist under the permanent threat that politics will turn cancerous and the indispensable institutions of …

Remembrance Of Things Past? The Relationship Of Past To Future In Pursuing Justice In Mediation, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this Article I seek to explore, not resolve, some of the issues and tensions in the role of temporality in achieving justice through mediative processes and to suggest some correctives at the practice level, as well as encourage some deeper thinking at the theoretical level. I focus here on issues of expression of temporality ("the past") in the "justice and mediation" question, not on issues of how the past should be judged - by the rule of law, culture, or universal human rights principles, or even how it can be "managed" when understandings of the past conflict or cannot …

The Ethnic Question In Law And Development, Lan Cao

Faculty Publications

No abstract provided.

Engaging Reluctant Readers: Let's Try Nonfiction, Kathryn Fitzgerald

The Utah English Journal

"If it's not fiction, it's not reading." Starkly put, that was my concept of worthwhile literature until recently with, I think, good reason. Not only do we English teachers love reading good fiction, but we know that valuable lessons are taught through literature: students learn about themselves and their own life choices through reading about recognizable fictional characters; they experience cultures and times other than their own by reading diverse current and classical fiction; they learn to think critically about the beliefs and values they are exposed to through fiction (and to reflect on their own beliefs); they learn empathy …

Fama And Fortuna: Giorgio Vasari’S Michelangelo, Peter Kanelos

Quidditas

The life of Michelangelo is set indisputably as the capstone to Giorgio Vasari’s monumental, Le vite de’ più eccellenti pittori scultori e architettori (1568). Cathedral-like in its detail and expanse, Vasari’s collection of biographies is itself a carefully designed and constructed work of art. Its separate parts are crafted with concern for the whole; from its series of individual narratives, a single grand narrative emerges. Buonarroti’s position in this is conspicuous, and purposefully so. In the first edition of the Vite (1550)—his biography, the only one granted a living artist—concludes the work decisively. It is the final entry and the …

Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

Publications

No abstract provided.

Antagonism And Relational Aesthetics, Claire Bishop

Publications and Research

A critique of relational aesthetics, as theorized by Nicolas Bourriaud, and exemplified in the work of Rirkrit Tiravanija and Liam Gillick. Using Laclau and Mouffe's theory of democracy as antagonism, the paper proposes instead a 'relational antagonism' found in certain projects by Santiago Sierra and Thomas Hirschhorn.

Singing Heroes: The Poetics Of Hero Cult In The Heroikos, Corinne Ondine Pache

Classical Studies Faculty Research

In this essay, I explore the poetic, emotional, and ritual dimensions of hero cult as presented in Philostratus's Heroikos. After a short digression on hero cult in the Greek period, I focus on the emphasis placed on the emotional bond between worshiper and hero, as well as the important role played by hymns and laments in the narrative. l propose to investigate these twin themes in depth by focusing on examples provided by Philostratus himself, and particularly the cult of Melikertês. Because Philostratus associates hymns and laments with initiation or mystery cults, I also consider the link between hero …

Quality Assurance Testing Of The Eclox-M In Detecting Terrorism Threats In Louisiana's Public Drinking Water Systems, Jessica Coleman

LSU Master's Theses

A quality assurance testing of the ECLOX-M™, a rapid water quality indicator used in potential terrorist attacks, was evaluated for its adequacy in nine regional Louisiana water systems. The ECLOX-M™ system uses enhanced chemiluminescence to measure toxicity in water by integration of a mixture of luminol (C₈H₇O₃N₃), and an oxidant in the presence of a catalyst enzyme - horseradish peroxidase (HRP). Water samples were tested for chemiluminescence, chlorine content, pH, and arsenic and/or nerve agent/pesticide contamination. In addition, three toxic industrial chemical standards were evaluated (mercury, a volatile liquid mixture, and a …

Evaluation Of Growth, Production And Cold Tolerance Of Four Varieties Of Tilapia, Patricio Enrique Paz

LSU Master's Theses

As global tilapia production grows, it is important to characterize varieties available for production and generate data on environmental tolerances. This study generated data on tolerances, adaptabilities and production characteristics of four tilapia varieties. Goals of this study were to: (1) compare growth of four tilapia varieties in two types of recirculating systems, (2) evaluate juvenile growth of seven tilapia varieties in fresh and brackishwater mesocosms, and (3) estimate cold tolerance of juveniles of four tilapia varieties in fresh and brackishwater. Nile tilapia (Oreochromis niloticus), blue tilapia (Oreochromis aureus), Mississippi commercial strain tilapia (MCS), and Florida red tilapia (FRT) were …

On The Cranial Anatomy Of The Polycotylid Plesiosaurs, Including New Material Of Polycotylus Latipinnis, Cope, From Alabama, F. Robin O’Keefe

Biological Sciences Faculty Research

The cranial anatomy of plesiosaurs in the family Polycotylidae (Reptilia: Sauropterygia) has received renewed attention recently because various skull characters are thought to indicate plesiosauroid, rather than pliosauroid, affinities for this family. New data on the cranial anatomy of polycotylid plesiosaurs is presented, and is shown to compare closely to the structure of cryptocleidoid plesiosaurs. The morphology of known polycotylid taxa is reported and discussed, and a preliminary phylogenetic analysis is used to establish ingroup relationships of the Cryptocleidoidea. This study also presents new material referable to Polycotylus latipinnis from the Mooreville Chalk Formation of Alabama. This skeleton is largely …

Annual Review Of The World Pheasant Association 2003/2004, World Pheasant Association

Galliformes Specialist Group and Affiliated Societies: Reports and Other Materials

Chairman of Trustees' report, Dick Potts

Treasurer's report and accounts, Ian Hoggarth

Conservation activities in 2003/2004, Philip J. K. McGowan and Rahul Kaul

WPA around the world: Highlights from the chapters

Cracid Specialist Group report, Dan M. Brooks

Grouse Specialist Group report, Ilse Storch

Megapode Specialist Group report, Rene Dekker, Darryl Jones, and Gillian C. Baker

Partridge, Quail and Francolin Specialist Group report, John P. Carroll

Pheasant Specialist Group report, Peter J. Garson

Conservation breeding in Europe and Gary Robbins and the United Kingdom Census, John Corder

WPA European Conservation Alain Hennache and Breeding Group, Michel St. Jaime

25 years …

Proceedings Of The Symposium On Conservation Of Quail In The Neotropics, Jack Clinton Eitniear, John T. Baccus, Sheldon L. Dingle, John P. Carroll

Galliformes Specialist Group and Affiliated Societies: Conference Proceedings

Preface, John P. Carroll

Quail of México and Adjacent Central America: Status and Conservation Concerns, John P. Carroll and Jack C. Eitniear

Changing Densities of Singing Quail (Dactylortyx thoracicus) in El Cielo Biosphere, Tamaulipas, Mexico: 1949-1996, Jack C. Eitniear and Alvaro Aragon T.

Status of the Bearded Wood-partridge (Dendrortyx barbatus): With Comments on Its Conservation in Querétaro, John T. Baccus

Aspectos de la Dieta y Anidacon de la Cordorniz Rayata (Banded Quail) Philortyx fasciatus, Fernando Urbina-Torres y Lucila Zaiñhana-Ortiz

Long-tailed Tree-quail (Dendrortyx macroura): Current Knowledge and Research Needs, Gilberto Chavez-Leon

Abundance of the …

Third International Galliformes Symposium 2004 (April 5-10, 2004, Dehradun, India): Abstracts, World Pheasant Association, India Ministry Of Environment And Forests, British High Commission

Galliformes Specialist Group and Affiliated Societies: Conference Proceedings

Abstracts

Strategy for Conservation of Pheasants in Himachal Pradesh, India, A. K. Gulati

An overview of Galliformes Conservation in Sikkim, India, T. R. Sharma

Distribution, status and conservation Galliformes in north east India, Anwaruddin Choudhury

Status of Galliformes in Pakistan and prioritising conservation areas, Rab Nawaz

The status and conservation needs of Nepal 's Galliformes, HemSagar Baral

Status of Galliformes in Bhutan, Rebecca Pradhan

Status and conservation of the Galliformes of Bangladesh, M. Sohrab Uddin Sarker

Galliformes of Sri Lanka: Status and conservation needs, Charles Santiapillai and S. Wijeyamchan

A strategy for the conservation of Galliformes of South Asia, Rahul …

Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein

Cardozo Journal of Equal Rights & Social Justice

The article explores the landmark Supreme Court case Lawrence v. Texas (2003), which overturned the Court's earlier decision in Bowers v. Hardwick and struck down a Texas sodomy law criminalizing consensual same-sex intimacy. The ruling significantly advanced LGBTQ+ rights by affirming privacy rights under the Due Process Clause and laying groundwork for future equal protection challenges to laws discriminating based on sexual orientation. The decision's implications extend beyond privacy rights, influencing debates on same-sex marriage, adoption, and other areas of sexual orientation discrimination.

Behind The Fire Line, Thomas Petzwinkler

Theses and Dissertations

BEHIND THE FIRE LINE A thesis submitted in partial fulfillment for the degree of Master of Fine Arts at Virginia Commonwealth University, 2004. Major Director: Jim Long, Department Chair. Behind the Line of Fire is a documentary of the professional lives of a group of firefighters. Inspired by the events of September 11th, it has been an ongoing journey for me as I continue to interact with an photograph these individuals doing the job that they live for. My goal for this project has been to work within the guidelines of a documentary, a genre that has a rich, diverse, …

Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches

Publications

No abstract provided.

Diversity And The Practice Of Interest Assessment, Robert F. Nagel

Publications

No abstract provided.

International Environmental Law: 2004 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Conservation Through Collusion: Antitrust As An Obstacle To Marine Resource Conservation, Jonathan H. Adler

Faculty Publications

Although it is not a new environmental problem, overfishing is arguably one of the most serious environmental problems today. Despite decades of government regulation, fisheries are in trouble the world over.

With little doubt, the federal fishery regulations adopted in the last twenty-five years have failed to ensure sustainable utilization of U.S. fisheries. The existing regulatory framework is "a failed experiment that has led to the destruction of United States coastal fisheries." At the same time that the federal government adopted an elaborate regulatory structure, federal law has impeded the development of cooperative fishery management institutions that may have helped …