Digital Commons Network^™

Tribal Sovereignty Over Water Quality, Jessica Owley

Articles

No abstract provided.

Biobehavioral Correlates Of Transfer Trauma In The Frail Elderly: Salivary Cortisol, Affect, And Cognition, Nancy A. Hodgson, Vicki Freedman, Doug A. Granger, Amy Behel

Selected Works of Nancy Hodgson, PhD

No abstract provided.

International Decision: United States--Continued Dumping And Subsidy Offset Act Of 2000, Mark L. Movsesian

Faculty Publications

This brief article is a report of an international decision of the World Trade Organization Appellate Body on January 16, 2003, concerning the United States’ Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217 & 234/AB/R). Eleven WTO members—Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico, and Thailand—filed a challenge to the Byrd Amendment in the summer of 2001. A WTO dispute settlement panel, agreeing with the complaining parties, made two major findings. First, the panel concluded that the Byrd Amendment constitutes an impermissible specific action against dumping and subsidization under the Antidumping and SCM Agreements. …

Against Global Governance In The Wto, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

In "Global Governance and the WTO," Professor Andrew Guzman has done an impressive job of articulating a vision of the World Trade Organization (WTO) that many international lawyers share. In this vision, the WTO's mission should be expanded beyond its present task of facilitating tariff reductions and preventing covert protectionism. Rather, the WTO should take on substantive authority in a wide variety of non-trade areas, including the environment, labor, human rights, and public health. Unlike many people who share this vision, Guzman takes the time to describe how it might best be accomplished. He advocates specialized WTO departments and periodic …

Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher

Faculty Publications

(Excerpt)

In the fall of 2000, six-year-old male Zachary from a small town in Ohio, claimed that s/he was a girl and requested, from now on, to be called Aurora. When the child's parents honored this unusual wish and made efforts to make official the child's feminine identity, the case turned into a custody battle between the parents and the state of Ohio. Although the child was occasionally treated as a girl at home from the age of two, the attempt to register the child in public school as a girl motivated the state dissolution of this family. At the …

Safety Performance On 20 Construction Sites In Dublin, Paul Mcevoy

Masters

Abstract The aim of this research was to assess factors affecting safety performance on twenty apartment construction sites in Dublin using qualitative and quantitative risk assessment techniques. The quantitative techniques involved observing compliance with recommended safety procedures. The qualitative techniques involved an assessment of site safety management documentation and semi structured interviews with site management regarding site safety procedures. The field work was carried out between November 2003 and October 2004. The results showed that five sites out of twenty had high standards of safety and prevented all possible falls from heights. The five best performing sites were characterised by …

Using Structured P2p Overlay Networks To Build Content Sensitive Communities, Paul Stacey, Damon Berry, Eugene Coyle

Conference papers

This paper details a proposed peer-to-peer system, which allows a user to join communities of other like-minded users in order to exchange files. Utilising the routing capabilities of Pastry, the proposed system includes an indexing service, which facilitates the creation of virtual rendezvous points for users with similar interests (manifested by shared keywords). Users are described by the content they store. By using vector space modelling techniques users can be grouped together to form content sensitive communities. The system is built to serve as the basis for a distributed archive of research papers. The system is designed to improve the …

The Political Economy Of Property Exemption Laws, Richard M. Hynes, Anup Malani, Eric A. Posner

Faculty Publications

Exemption laws enable people who default on loans to protect certain assets from liquidation. Every state has its own set of exemption laws, and they vary widely. The 1978 federal bankruptcy law contains a set of national exemptions, which debtors in bankruptcy are permitted to use instead of their state's exemptions unless the state has formally "opted out" of the federal system. We contend that states' decisions to opt out shed light on their exemption levels. We find that states are more likely to opt out if their state exemption is lower than the federal exemption and that states are …

Afterword: How Can We Save The Safety Net?, Frank W. Munger

Articles & Chapters

No abstract provided.

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

No abstract provided.

The Electronic Revolution In Rulemaking, Beth Simone Noveck

Articles & Chapters

No abstract provided.

Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin

Articles & Chapters

Health Law in the Criminal Justice System Symposium

Columns Winter 2004, Southern Adventist University

Alumni Newsletter

Features the article "Collections: More Than a Hobby". A collection tells a lot about its collector, and Southern's collections are no exception. Take a look at what Southern and its faculty have collected over the years and find out what we value.

Cancellation Of Debt And Other Incidential Items Of Income: Puritan Tax Rules In The U.S., Richard C.E. Beck

Articles & Chapters

This article examines some miscellaneous and incidental forms of income from a comparative point of view. It appears that U.S. law includes as income more types of incidental items than most other countries. The items briefly considered here are (in no particular order) found money and property, gambling gains, gains from a personal hobby, isolated criminal profits, prizes and awards for merit, damages from non-physical personal injury, and gains from sale of a personal residence. The article concludes with a more thorough examination of income from the cancellation of debts (COD income) of an individual. These items have in common …

Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin

Articles & Chapters

This paper explores the significance of shifting cultural understandings of gay men and lesbians in the Supreme Court's majority, concurring and dissenting opinions in the landmark sodomy case Lawrence v. Texas. By examining the legal authorities in which the case's various opinions are grounded, the article shows that the differing positions taken by the Court reflect radically diverging views on the significance of homosexuality in contemporary culture.

Beyond the rather easy observation that the Supreme Court justices are speaking different languages in the Lawrence opinion, the article contends that the rhetoric of the majority and dissent converge on at least …

Sexual Minority Rights In The Workplace Twenty-First Annual Carl Warns Labor & Employment Institute, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Thoughts On Lawrence V. Texas, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Toxic Contamination Of The Arctic: Thinking Globally And Acting Locally To Protect Arctic Ecosystems And People, Sarah Hamilton

Colorado Environmental Law Journal

No abstract provided.

Industry-Based Solutions To Industry-Specific Pollution: Finding Sustainable Solutions To Pollution From Livestock Waste, Nicholas White

Colorado Environmental Law Journal

No abstract provided.

The Diaries Of Mary Lois Walker Morris, Melissa Lambert Milewski

Theses and Dissertations

An edited transcription of the 1879 to 1887 diaries of Mary Lois Walker Morris (1835-1919). Mary Lois, a plural wife in 19th century Utah, went in and out of hiding between 1885 and 1887 to protect her husband Elias Morris from prosecution for illegal cohabitation. Her daily diaries culminate with the court trial of her husband for illegal cohabitation in September 1887. At the trial, she testified falsely, stating that she had been separated from her husband since the beginning of 1883, when in fact the couple did not separate until May of 1885. As a result, her husband was …

Putting "Protection" Back In The Equal Protection Clause: Lessons From Nineteenth Century Women's Rights Activists' Understandings Of Equality, Lucinda M. Finley

Journal Articles

No abstract provided.

The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley

Journal Articles

I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on …

Turning Worms: Some Thoughts On Liabilities For Spreading Computer Infections, Richard Owens

Canadian Journal of Law and Technology

Two aspects of the virus/worm liability problem are of particular note. The first is how tightly the Internet binds together many possible defendants; those who build and run it, those who populate it with increasingly complex electronic commerce Web sites, those who provide terminal software, those who send electronic mails, those who design its security algorithms, those who insure it, and those who hack it, amongst others.

The second aspect is how speculative such a review is. Little case law pertains. Even the language of the law(what does it really mean when we assess liability on the basis of a …

Psychological Characteristics Of Six Successful Ncaa Division I University Student-Athletes, Thomas E. Jackson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Cultivating Student Internal Locus Of Control Using Participatory Rural Appraisal In Villa Santa Honduras, Journey M. Herbeck

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Faking It: Emotional Labor And Prostitution, Mary Pat Dutton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Riparian And Stream Habitat Variables Influencing The Distribution Of Tubifex Tubifex In Chamberlain Creek Montana, Amy M. Sacry

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Exploratory Study And Assessment Of Montana's Volunteer Fire Departments : Trends Motivations And Priorities, Billy R. Preston

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Patterns And Consequences Of Dispersal In Columbia Spotted Frogs (Rana Luteiventris), William Christopher Funk

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Physiological And Psychological Measurements Of Dogsled Drivers During The 1049 Mile Iditarod Trail Sled Dog Race, Carla E. Cox

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.