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Defining Democracy: The Supreme Court's Campaign Finance Dilemma, Lori A. Ringhand

Scholarly Works

On December 10, 2003 the United States Supreme Court issued its decision in McConnell v. FEC. In McConnell, the Court was asked to determine the constitutionality of the Bipartisan Campaign Reform Act ("BCRA"). A divided Court, in a deeply fractured decision in which six justices wrote individual opinions, upheld the major provisions of the legislation. Yet despite the almost 300 pages of reasoning provided by the Court, and a voluminous record developed by the district court, the Justices could not agree on what purportedly is the central issue in campaign finance law: whether the challenged regulations were necessary …

Asia Pacific Perspectives Vol. 5 No. 1, December 2004, University Of San Francisco, University Of San Francisco

Asia Pacific Perspectives

Contents:

Introduction by Joseph Tse-Hei Lee

In East Asia, the complexity of church-state relations can be better understood if one takes into account the involvement of local community in negotiating with the state over sacred and secular matters. This article argues that the church, state, and community were not independent variables, but constantly negotiated with each other over the control of religions, religious institutions and rituals. When the state was strong, the church and community participated in the formation of the state power. As the state power declined, the church and community reverted to their original independence and crossed the …

Geographic Relationships Of Pocket Gophers In Southeastern Colorado, David C. Lovell, William R. Whitworth, Jerry R. Choate, Steven J. Bissell, Michael P. Moulton, Justin D. Hoffman

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Distributional patterns of the four species of pocket gophers in southeastern Colorado are variously parapatric, allopatric, or sympatric. More specifically, Geomys bursarius is parapatric with Thomomys talpoides, Thomomys bottae, and Cratogeomys castanops; T. bottae is both sympatric and parapatric with C. castanops; and both C. castanops and T. bottae are allopatric with T. talpoides. Geomys bursarius is restricted to sandy soils and soils of cultivated or otherwise disturbed habitats. Cratogeumys castanops and T. bottae occupy a wide variety of soils but are found most commonly in compacted rangeland soils. Thomomys talpoides is found in well-drained …

Modeling Of River Hydrodynamics And Active Cap Effectiveness In The Anacostia River, Keegan L. Roberts

LSU Master's Theses

The Anacostia Active Capping Project (AACP) is a United States Environmental Protection Agency (EPA) funded initiative to develop and implement, on a field scale, active capping barrier technologies. Overseen by the Hazardous Substance Research Center, South and Southwest (HSRC), the AACP plans to demonstrate the ability of active capping barrier technologies to prevent the migration of contaminants from the sediment bed to the overlying water column of the Anacostia River. The demonstration project will involve the placement and monitoring of four individual types of capping materials (apatite, Aquablok, coke breeze, and sand) and the monitoring of one control (i.e. uncapped) …

Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron

Faculty Publications

Law schools (and indeed all of higher education) have witnessed an explosive growth in the use of technology in the classroom. Many law teachers now deploy a wide array of technological bells and whistles, including PowerPoint slides, Web-based course platforms, in-class Internet access, and the like. Students, in turn, increasingly come to class armed with laptop computers to harvest the fruits of the classroom experience. Yet in recent years there has been something of a backlash, with various law teachers arguing that this technology is interfering with, rather than improving, pedagogy in the classroom. According to the critics, the technology …

Experimental And Computational Modeling Of Granular Materials, Orlando Boscan

LSU Master's Theses

4-inch cubical sand specimens were been tested under drained conditions using a wide range of stress paths. The testing was performed by means of a true (cubical) triaxial device that has been conditioned for this study. This testing set-up consisted of a servo-controlled, single-boundary type apparatus, with six flexible membranes that create a center cavity surrounding the soil specimens. This thesis illustrates the functioning of the triaxial device, including detailed descriptions of the device components, sample preparation, and a practical application related to the mechanical characterization of granular materials using critical state soil mechanics. An experimental program, based on the …

Metal-Doped Rare Earth Oxide Catalysts For Condensations To Ketones, Arvind Karkal Bhat

LSU Master's Theses

Metal-doped supported rare earth oxide catalysts were examined to determine their suitability for the decarboxylative condensation of two carboxylic acids to produce ketones. The catalysts were characterized based on chemisorption tests, coke analysis using thermo-gravimetric analysis and X-ray absorption spectroscopy. Effect of catalyst particle size on rate of reaction was studied for various supported cerium oxide catalysts. Catalysts were tested for activity, selectivity, and stability using isothermal fixed bed reactors. Optimal operating conditions for the production of diisopropyl ketone and methyl nonyl ketone were determined. It was found that supported cerium oxide catalysts effectively catalyzed the condensation of isobutyric acid …

Federal Courts, International Tribunals, And The Continuum Of Deference: A Postscript On Lawrence V. Texas, Roger P. Alford

Journal Articles

Last year, in the pages of this journal, I published an article addressing the role of international tribunal decisions in federal courts.1 In that article, it was suggested that federal courts should confer varying degrees of deference to international tribunal decisions depending on the circumstances presented. Such degrees of deference were plotted along a "continuum of deference." See: Federal Courts, International Tribunals, and the Continuum of Deference

The purpose of this brief Postscript is to reconsider the "no deference" model in light of the Supreme Court's decisions in Bowers and Lawrence. The Postscript elucidates why Lawrence relied on an international …

Reflections On Newdow, Gerard V. Bradley, Paul J. Griffiths

Journal Articles

Although saving the Pledge from a declaration of unconstitutionality is an end worth our prayers, I think that O’Connor’s effort to portray it as “ceremonial deism” fails. “Under God” endorses religion, and the Court should address the issue on that basis. If the phrase comports with the Constitution – as I think it does – it is because the Constitution does not prohibit governmental affirmations that “God” – a greater-than-human source of meaning and value – exists.

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Mike Jenuwine

Journal Articles

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …

He Writ Of Prohibition: Jurisdiction In Early Modern English Law, Vol 2: Control Of Judicial Conduct By Prohibition, Charles Montgomery Gray

Books

No abstract provided.

The Writ Of Prohibition: Jurisdiction In Early Modern English Law, Vol 4: Prohibitions Enforcing Statutes, Charles Montgomery Gray

Books

No abstract provided.

The Writ Of Prohibition: Jurisdiction In Early Modern English Law, Vol. 1: General Introduction To The Study And Procedures., Charles Montgomery Gray

Books

No abstract provided.

The Legal Case Against The Global War On Terror, Mary Ellen O'Connell

Journal Articles

In the first confusing days after the September 11, 2001, attacks on the United States, President George W. Bush declared a war on terror. Many of us heard this declaration as stirring rhetoric to rally the nation. We understood it as a declaration that the President would direct a strong response against those responsible. We had heard this sort of rhetoric before when the nation faced powerful challenges-from illegal drugs and chronic poverty. Many of us understood President Bush's declaration of war to refer once again to the determined, persistent struggle to overcome a social blight-this time terrorism. We did …

Universal Criminal Jurisdiction, Douglass Cassel

Journal Articles

Universal criminal jurisdiction is an important tool in the worldwide struggle to end impunity for serious international crimes.

Universal criminal jurisdiction is the principle of international law that permits any nation to prosecute certain serious international crimes, regardless of where they are committed, by whom or against whom, or any other unique tie to the prosecuting nation. The Recommendation applies whether or not an accused is in custody and does not address the separate topics of universal jurisdiction in civil cases or the immunities of senior government officials before foreign national courts.

Universal criminal jurisdiction developed over time as a …

How Not To Count Votes, John Copeland Nagle

Journal Articles

Rutherford B. Hayes defeated Samuel Tilden by one electoral vote in the presidential election of 1876. In Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876, Roy Morris, Jr. concludes that the election was stolen from Tilden by Republican partisans serving on the canvassing boards in the three Southern states - Florida, Louisiana, and South Carolina - that were still under the control of Republican governments backed by the federal army. But in Centennial Crisis: The Disputed Election of 1876, Chief Justice William H. Rehnquist defends the integrity and the actions of the …

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard W. Garnett

Journal Articles

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …

Defending Cyberproperty, Patricia L. Bellia

Journal Articles

This Article explores how the law should treat legal claims by owners of Internet-connected computer systems to enjoin unwanted uses of their systems. Over the last few years, this question has become increasingly urgent and controversial, as system owners have sought protection from unsolicited commercial e-mail and from robots that extract data from Web servers for competitive purposes. In the late 1990s and early 2000s, courts utilizing a wide range of legal doctrines upheld claims by network resource owners to prevent unwanted access to their computer networks. The vast weight of legal scholarship has voiced strong opposition to these cyberproperty …

Blocs, Swarms, And Outliers: Conceptualizing Disagreement On The Modern Supreme Court Of Canada, Peter Mccormick

Osgoode Hall Law Journal

Almost half of the Supreme Court of Canada's decisions are not unanimous, but not all disagreement is of a kind. It makes a difference whether the panel's unanimity is broken by a single dissident, by several judges signing a single set of reasons, or by several judges each writing separately. This article examines the notion of disagreement, suggests a conceptual framework in which the various disagreement formats can be located, applies that framework to the Court's performance over the past thirty years, and concludes with some speculation as to why the Supreme Court of Canada and the United States Supreme …

Probation Restrictions Impacting The Right To Procreate: The Oakley Error, Jennifer L. Levi

Faculty Scholarship

In State v. Oakley, the all-male four-justice majority held that a probation condition restricting David Oakley's right to have children passed constitutional muster. This Article discusses this question of the appropriate approach to evaluating the constitutionality of probation conditions. The Wisconsin Supreme Court's approach is compared to that of other courts in cases involving, in some way, decisions limiting a probationer's right to have children. The Author concludes that regardless of what constitutional standard or degree of scrutiny courts apply, cases can (and do) go both ways with respect to upholding or striking down probation restrictions on fundamental rights. However, …

Exile And The Kingdom: Integration, Harassment, And The Americans With Disabilities Act, Mark C. Weber

Maryland Law Review

No abstract provided.

Porterfield V. Mascari H, Inc.: "A Clear Mandate Of Public Policy" Remains Unclear In Maryland's Wrongful Discharge Jurisprudence, Benjamin S. Haley

Maryland Law Review

No abstract provided.

Her Own Good Name: Two Centuries Of Talk About Chastity, Lisa R. Pruitt

Maryland Law Review

No abstract provided.

Tributes To Professor Alan Hornstein

Maryland Law Review

No abstract provided.

Tributes To Professor Alice Brumbaugh

Maryland Law Review

No abstract provided.

Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment", Garrett Power

Maryland Law Review

No abstract provided.

Radical Tax Reform, Municipal Finance, And The Conservative Agenda, Eric J. Gouvin

Faculty Scholarship

Proponents of a consumption tax system to replace the federal income tax typically couch their support for radical tax reform in the language of traditional tax policy goals. They claim that their reform plans promote the goals of simplicity, economic efficiency, stability, and equity. This Article examines how well the proposed tax reforms will achieve those goals in the context of their anticipated impact on state and local finance. The effects on state and local governments of a flattened-rate income tax, flat tax, or a broad federal consumption tax could be enormous and devastating. The Article finds that all of …

Introduction: What Does Oakley Tell Us About The Failures Of Constitutional Decision-Making?, Taylor Flynn

Faculty Scholarship

The Wisconsin Supreme Court's decision in State v. Oakley, in which the court upheld a probation order prohibiting Mr. Oakley from fathering additional children until he could support them, is a compelling example of a troubling flaw in our constitutional jurisprudence. Absent the countervailing check perhaps provided by the doctrine of unconstitutional conditions, each path of doctrinal analysis, considered separately, arguably leads to the conclusion that the probation order is valid. This is so even though a number of institutional, structural, and process-based considerations converge to render the order's constitutionality highly suspect. The prevailing doctrinal approach is to disaggregate the …

The Family And Medical Leave Act Of 1993: Ten Years Of Experience: Introduction, Pauline Kim

Scholarship@WashULaw

On February 5, 1993, in a Rose Garden ceremony, President Bill Clinton signed the Family and Medical Leave Act (FMLA) into law, declaring that workers “will no longer need to choose between the job they need and the family they love.”1 The signing ceremony was significant for a number of reasons. It marked an early legislative victory for a new administration, signaling its commitment to ending gridlock in Washington. It also symbolized changing priorities: earlier versions of the legislation had twice been enacted by Congress and then vetoed by President George H.W. Bush. With its focus on the needs of …

Justice Scalia On The Use Of Foreign Law In Constitutional Interpretation: Unidirectional Monologue Or Co-Constitutive Dialogue, Melissa A. Waters

Scholarship@WashULaw

This short essay explores Justice Antonin Scalia's conservative alternative approach to recent efforts by other Justices to utilize foreign and international legal sources in the Supreme Court's jurisprudence. It discusses Justice Scalia's writings and remarks over the course of the 2003-2004 Supreme Court Term: On the one hand, Justice Scalia consistently denounced the use of foreign legal sources in constitutional interpretation, both in his concurring opinion in Sosa v. Alvarez-Machain and in his keynote address at the Annual Meeting of the American Society of International Law. On the other hand, in his dissent in Olympic Airways v. Husain, Justice Scalia …