Digital Commons Network^™

Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks

Publications

In the upcoming Term, the Supreme Court will consider a case raising the question whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts state tort law, or only state positive law. FIFRA, under which the Environmental Protection Agency regulates pesticide labels, has an express preemption clause and clearly preempts state positive law on labeling. The question presented is whether and to what extent it also preempts state tort law, particularly claims for failure to warn. The Court's precedent on preemption of state tort law is erratic, but for some reason, the pro-preemption view has been much more popular with lower …

Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen Norton

Publications

Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers' views are not mistakenly attributed to the government. Consider, for example, Virginia's efforts to ban the Sons of Confederate Veterans' display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of "hate" or "heritage," Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier "VIRGINIA." The Fourth Circuit was unpersuaded, holding that the …

International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya

Publications

No abstract provided.

Tacking Left: A Radical Critique Of Grutter, Daria Roithmayr

Publications

No abstract provided.

Same Struggle, Different Difference: Ada Accommodations As Antidiscrimination, Michael Ashley Stein

Faculty Publications

The Americans with Disabilities Act (ADA) was heralded as an "emancipation proclamation" for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from earlier antidiscrimination measures, most notably Title VII, because providing accommodations results in something more than equality for the disabled. The Article challenges this prevalent belief by arguing that ADA-mandated accommodations are consistent with other antidiscrimination measures in that each remedies exclusion from employment opportunity by questioning the inherency of established workplace norms, and by …

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan H. Adler

Faculty Publications

What I want to talk about are some legal issues relating to labeling and, in particular, constitutional issues relating to mandatory labeling for genetically modified foods or food products that may contain genetically modified components. This is a separate issue from whether or not the FDA, or some other agency, has sufficient statutory authority at present to mandate labeling, and that is something worth discussing. Even if they do have such authority, or even if Congress tomorrow were to give the FDA such authority or were to require the FDA to impose labels on genetically modified foods, or if a …

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 …

Better Lucky Than Good, Neal Devins

Faculty Publications

No abstract provided.

The Vienna Convention On The Law Of Treaties In U.S. Treaty Interpretation, Evan J. Criddle

Faculty Publications

No abstract provided.

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Faculty Publications

No abstract provided.

Marry Me, Bill: Should Cohabitation Be The (Legal) Default Option?, Margaret F. Brinig, Steven L. Nock

Journal Articles

Are cohabitation and marriage similar enough to warrant similar legal treatment? Earlier public reports on cohabitation have focused on the question of whether cohabitation before marriage increases or decreases the divorce rate.

But increasingly cohabitation is being proposed not as a testing ground for marriage, but as a functional substitute for it. The trend in family law and scholarship in Europe and Canada is to treat married and cohabiting couples similarly, or even identically.

In this country, the American Law Institute [ALl] recently proposed that, at least when it comes to the law of dissolution, couples who have been living …

Helping Enact Unjust Laws Without Complicity In Injustice, John M. Finnis

Journal Articles

The form of enactments must be distinguished from their legal meaning (their "juridical effect"), that is, from the propositions of law which those enactments, properly interpreted, make legally valid. This distinction makes it possible, and rationally necessary, to conclude that, in certain contexts, a certain statute which declares or textually implies that some abortions are legally permitted (but others prohibited) is not apermissive law within the meaning of the principle, assumed in this article to be true, that permissive abortion laws are intrinsically unjust and may never be voted for. A permissive statute, in that sense, is one which has …

Establishing Partnerships, Dare Mighty Things

Partnerships/Community

While there are many nationally recognized benefits and advantages to partnership development, the answer to why one seeks to establish partnerships is relatively simple. There is added value in working with other organizations including the sharing of staff and financial resources. Partnership development is nor a new concept. Communities, organizations and individuals have been working together in partnerships to improve the quality of life at the grassroots level for a number of years. There are a number of multi-agency "stakeholder" partnerships both locally and nationally that manage and deliver a wide range of community development programs, as well as service …

Fidelity In Context: John Courtney Murray (1904-1967), Thomas Hughson

Theology Faculty Research and Publications

No abstract provided.

Reflections On The Manifold Means Of Enforcing The Antitrust Laws: Too Much, Too Little, Or Just Right?, Joseph P. Bauer

Journal Articles

Lately, much attention has been given to the scope of the antitrust laws. This discussion has two overlapping components: (1) consideration of the substantive doctrines specifying the behavioral or structural changes that are or are not unlawful and the appropriate methodology; and (2) analysis for making those determinations with attention given to the appropriate vehicles for enforcing the antitrust laws. Some argue that the antitrust laws proscribe activities that are either pro-competitive or at worst benign. Further, they assert that the multiplicity of antitrust enforcers and enforcement devices has resulted in undue burdens, including excessive cost, time delay, and forestalling …

Implications Of Personal Recovery History For Training And Development Of Addiction Treatment Workers, Bruce K. Barnard

Masters Theses

The purpose of the study was to identify and compare competencies perceived as most important by addiction treatment workers with, and without, a personal history of recovery. A survey was developed and administered to 94 workers in three community-based addiction treatment agencies. The study found broad support for the competencies published by the Addiction Technology Transfer Center, National Curriculum Committee (1998). There were no significant differences in perceptions of competencies by workers with a personal recovery history and those without such history. Results indicate that factors such as workplace culture may be more powerful than recovery history in influencing worker …

Effects Of Structured Versus Non-Structured Language Sampling Methods On The Expressive Language Output Of Children, Joy Schmitz

Masters Theses

No abstract provided.

Effect Of Sensory Stimulation On Off-Task Behavior In Children Within The Autistic Spectrum, Erin Elizabeth Downs

Masters Theses

No abstract provided.

Socio-Cultural Examination Of The Collegiate Experiences Of White International Student-Athletes At Historically Black Colleges And Universities In The United States, Jana Matouskova

Masters Theses

No abstract provided.

Presenting Issues, Severity Of Problems And Treatment Outcomes Of Asian College Students, Earl Anthony Evangelista

Masters Theses

The current study attempts to add to the limited body of literature on Asian American and Asian international students in counseling. Presenting issues, severity of problems, treatment outcome, and gender interactions of Asian American and Asian international college students were examined and compared to non-Asian college students. Data for this study were obtained from an existing database from an East Coast university counseling center. The overall sample consisted of 209 males and 297 females, all of whom were seeking treatment for the first time at the counseling center. The primary groups of interest were Asian American students (n = …

The Role Of Mood As A Mediator In Trait-Congruent Cognitive Processing: Does Mood State Mediate The Relationship Between Personality Traits And Judgment?, Janice E. Harewood

Masters Theses

The relationship between affective traits and predictive judgment was investigated using a mediation framework approach to examine whether the current mood state of participants acted as a mediator between traits and judgment. This relationship was examined for anxious trait, anxious mood, and judgment for negative events and for subjective well-being, happy mood, and judgment for positive events. A written scenario and an imaginal procedure were used to create anxious, happy, or neutral moods in participants, and a fourth group received a simple cognitive task. Results showed that the mood inductions were invalid. Given that the correlations necessary to test for …

The Effects Of Family Functioning And Parent Structure On The Prevalence And Intensity Of Childhood Fears, Rebecca Leis Pederson

Masters Theses

The current study was designed to examine the relation between family factors, such as family functioning and parent structure, and the prevalence and intensity of childhood fears. One hundred and sixteen children in grades 3-12 were surveyed using the Fear Survey Schedule-II. Of the 116 children surveyed, 75 had parents who returned the Self Report Family Inventory and demographic survey. Results indicated that younger, female participants reported fears of greater prevalence and intensity than male participants. Contrary to predictions, neither family functioning or any of its associated factors were found to be related to the prevalence and intensity of childhood …

Narcissistic Self-Enhancement And Willingness To Seek Feedback On Weaknesses, Jessica J. Dhom

Masters Theses

In the current study, I investigated the relationship between narcissism level and feedback-seeking behavior. Using a dimensional approach to personality classification, I considered narcissism to be a component of normal personality and measured this construct with the Narcissistic Personality Inventory. I also investigated the willingness of narcissistic individuals to view feedback regarding their weaknesses, as well as the relationships between narcissism and different cognitive reactions to favorable and unfavorable feedback. Results indicated that, when given the opportunity, narcissistic people seek favorable feedback that pertains to their strengths, while passing on opportunities to receive feedback regarding their weaknesses. They also react …

Current Preschool Screening Practices In Illinois And The Role Of The School Psychologist, Susan M. Kapper

Masters Theses

Current preschool screening practices in Illinois and the role of the school psychologist in these practices were investigated. A survey focusing on current screening practices and the role of the school psychologist in the development and implementation of screening programs was developed and sent to 200 randomly selected members of the Illinois School Psychologists Association (ISPA). Results indicate that some consistency in the procedures and administration of preschool screening do exist between programs within the state of Illinois. These consistencies include consensus on the purpose of preschool screening programs, personnel involved in the administration of these programs, assessment tools utilized …

Course Schedule Spring 2004, William & Mary Law School

Course Information

No abstract provided.

Highlights Of Campus Compact's Annual Membership Survey, Campus Compact

Service Learning, General

The trend toward increasing civic engagement among colleges and universities is stronger than ever. In Campus Compact's 2003 survey, member institutions reported not only record participation in community service but also an increase in structural and financial support for initiatives to improve communities and to make civic learning part of academic life.

Changing Landscapes: Enduring Values, Angela Bodino

Service Learning, General

The campus of Raritan Valley Community College (RVCC) seems pastoral with 160 acres of woods, a pond, and gentle grassy slopes. Two miles to the west are two golf courses and farmland. Two miles east are homes built in the 17th and 18th Centuries close to the North Branch of the Raritan River, close to a colonial cemetery and the soaring spire of the Reformed Church. This setting reminds us of an early American ethic of hope and change, the promise of vast spaces, new destinies and new communities.

Report Of William & Mary Marshall-Wythe School Of Law 2003-2004, William & Mary Law School

Annual Report

No abstract provided.

Insurance Triggers As Judicial Gatekeepers In Toxic Mold Litigation, Gregory A. Goodman

Vanderbilt Law Review

At the dawn of the 21st century, a new plague is leeching across the nation's legal landscape. "Some call it the Perfect Storm-a confluence of events that merged into a financial crisis for the insurance industry and a politically charged catastrophe for... homeowners, threatening disaster for the.., economy." What exactly is this Perfect Storm quickly overwhelming both the legislative and judicial systems? Mold. Not the harmless mold growing in a neglected bathtub, but toxic mold that can ravage homes and other buildings from the inside out, while allegedly causing the inhabitants to suffer nasty fates. Mold destroying dwellings is nothing …

The Granite, 2004, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-