Digital Commons Network^™

Personal Practical Conflicts, Joseph Raz

Faculty Scholarship

This preliminary reflection about practical conflicts confronting single agents does little to solve the problems conflicts create. Rather, it attempts to explain what conflicts are and what questions they raise. I suggest that we have two distinct notions of single-agent conflicts reflecting two distinct theoretical questions. The first concerns the possibility of there being a right action in conflict situations. It is the question of whether and, if so, how reasons deriving from different concerns or affecting different people can be of comparable strengths. The second concerns a sense that there is something unfortunate about conflicts and that when facing …

Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen

Faculty Scholarship

The subject matter we are going to talk about is variously named and thewords have some resonances of importance. I am going to use the phrase "Free Software" to describe this material, and I am going to suggest to you that the choice of words is relevant. We are talking not merely about a form of production or a system of industrial relations, but also about the beginning of a social movement with specific political goals, which will characterize not only the production of software in the twenty-first century, but the production and distribution of culture generally.

My purpose this …

The Alien Tort Statute, Civil Society, And Corporate Responsibility, Sarah H. Cleveland

Faculty Scholarship

The topic of this panel is civil participation in the global trading system, with a particular focus on Doe v. Unocal Corp. and use of the Alien Tort Statute (ATS) to enforce fundamental human rights norms against multinational corporations. These comments will therefore attempt to locate Doe v. Unocal and other ATS litigation in the broader efforts of civil society to establish and maintain normative principles for corporate responsibility in the global trading regime. This comment first explains the role of ATS litigation in the broader civil society context and the contribution of ATS cases to the development and enforcement …

The Muddles Over Outsourcing, Jagdish N. Bhagwati, Arvind Panagariya, T.N. Srinivasan

Faculty Scholarship

In the early 1980s, “outsourcing” typically referred to the situation when firms expanded their purchases of manufactured physical inputs, like car companies that purchased window cranks and seat fabrics from outside the firm rather than making them inside. But in 2004, outsourcing took on a different meaning. It referred now to a specific segment of the growing international trade in services. This segment consists of arm’s-length, or what Bhagwati (1984) called “long-distance,” purchase of services abroad, principally, but not necessarily, via electronic mediums such as the telephone, fax and the Internet. Outsourcing can happen both though transactions by firms, like …

Copyright And Free Expression: Analyzing The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

Faculty Scholarship

Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyse copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …

Religion And The Rehnquist Court, Kent Greenawalt

Faculty Scholarship

This summary Article pays predominant attention to what the Rehnquist Court has altered. It slights a significant range of continuity. That includes the Court's strong rejection of laws that discriminate among religions or that target religious practices and the Court's inhospitable response to religious exercises that are sponsored by public schools. Although "continuity" may be a misleading term for subjects a court has not addressed, the Supreme Court has not touched the law regarding judicial involvement in church property disputes since Rehnquist became Chief Justice, and nothing it has decided presages an obvious shift in that jurisprudence.

Supplemental Environmental Projects Have Been Effectively Used In Citizen Suits To Deter Future Violations As Well As To Achieve Significant Additional Environmental Benefits, Edward Lloyd

Faculty Scholarship

Supplemental Environmental Projects (SUPs) are environmentally benefical projects included in settlements of environmental law enforcement cases. Courts have addressed SEPs in two contexts: where proposed by parties in consent decrees and where courts have fashioned SEPs as apart of the relief ordered in an enforcement case. SEPs have been extensively used in both government and citizen enforcement cases despite the nearly universal absence of any explicit legislative authorization by Congress. Congress has tangentially recognized the place of SEPs in the penalty and deterrence scheme by giving the Administrator of the United States Environmental Protection Agency (EPA) and the Attorney General …

Unconstitutional Police Searches And Collective Responsibility, Bernard E. Harcourt

Faculty Scholarship

Then the police officer told the suspect, without just cause, "I bet you are hiding [drugs] under your balls. If you have drugs under your balls, I am going to fuck your balls up."

Jon Gould and Stephen Mastrofski document astonishingly high rates of unconstitutional police searches in their groundbreaking article, "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution." By their conservative estimate, 30% of the 115 police searches they studied – searches that were conducted by officers in a department ranked in the top 20% nationwide, that were systematically observed by trained field observers, and that were coded …

Table Of Contents

Maryland Law Review

No abstract provided.

Different But Equal: The Human Rights Of Persons With Intellectual Disabilities, Harold Hongju Koh

Maryland Law Review

No abstract provided.

Book Review

Maryland Law Review

No abstract provided.

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

Maryland Law Review

No abstract provided.

Smith V. Doe: Judicial Deference Towards The Legislative Intent Behind A Broad, Punitive Civil Law Betrays The Core Principles Of The Ex Post Facto Clause, Dana L. Mcdonald

Maryland Law Review

No abstract provided.

Why Does It Matter Where I Live? Welfare Reform, Equal Protection, And The Maryland Constitution, Karen Syma Czapanskiy

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.

With Strings Attached: The Limits On Local Control, Richard Briffault

Faculty Scholarship

In a December 2003 decision, a Colorado trial court judge invalidated the state's new school voucher program. The decision was unusual in that the court relied not on traditional separation-of-church-and-state concerns, but instead on a provision of the Colorado state constitution that vests control over public education in local school boards. The court held that by failing to give local school boards any" input whatsoever into the instruction to be offered by the private schools" that accepted voucher students, the state had violated the constitutional provision that grants local boards "control of instruction in the public schools of their respective …

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 …

The Peculiar Federal Marriage Amendment, Scott Dodson

Faculty Scholarship

No abstract provided.

Coverage: Findings From A National Sample Of Introductory Psychology Syllabi, Scott Bates

Psychology Faculty Publications

No abstract provided.

Sexual Tensions Of Post-Empire, Katherine M. Franke

Faculty Scholarship

In this essay Katherine Franke examines two contemporary cites in which state efforts to eradicate the traces of empire and to resurrect an authentic post-colonial nation have produced sexual subjects that serve as a kind of existential residue and reminder of a demonized colonial past and absence. Looking first at post-colonial Zimbabwe, Franke argues that President Mugabe's aggressively homophobic policies have played a key role in fortifying his leadership as authentically African and post-colonial.

Franke then turns to current efforts by the Mubarak government in Egypt to publically prosecute men for having sex with men. The Mubarak government has used …

Incorporation By Law, Joseph Raz

Faculty Scholarship

My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.

Regulating By Litigation: The Epa's Regulation Of Heavy-Duty Diesel Engines, Andrew P. Morriss, Bruce Yandle, Andrew Dorchak

Faculty Scholarship

In this Article, the authors provide a case study of heavy-duty diesel engine regulation under the Clean Air Act, which reveals how the Environmental Protection Agency (EPA) chooses various means of regulation at different times. The Article relates the EPA's choices to the incentives the agency faces. The Article also shows how the different forms of regulatory activity influence agency regulations. Finally, the Article concludes with a critique of regulation-by-litigation as a means of imposing substantive rules.

The Appropriation Of The Prospect Of Taking Medication For Psychological Complaints: An Empirical-Phenomenological Investigation, Daniel R. Mangine

Electronic Theses and Dissertations

The purpose of this investigation was to describe the lived experience of being confronted with the prospect of taking medications for a psychological complaint, namely a depressive disorder. Descriptions of such experiences were obtained from adult participants and were analyzed qualitatively in order to explicate the themes and meanings that were most significant to forming the experience as such.

The findings of this study were dialogued with literature on medication taking, the doctor-patient relationship, dialogic psychology and the construction of the self, and theories of willing, motivation and identity. This analysis contributes to the current literature by illuminating the lived …

The Effects Of Stretching Prior To A 25-Yard Sprint In Female Swimmers, Melissa Lee Tippet

Dissertations and Theses @ UNI

While stretching is commonly part of the pre-performance routine in many sports including swimming, its function has been a controversial topic in the research community. Researchers have found decrements in performance measures such as force (Fowles, Sale, & MacDougall, 2000) and torque (Avela, Kyrolainen, & Komi, 1999) after stretching. While still controversial, some researches have also found decreases in one repetition maximum lifts (Kokkonen, Nelson, & Cornwell, 1998) and various jumping tests (Knudson, Bennett, Com, Leick, & Smith, 2001) after the inclusion of stretching.

Because there is much conflicting evidence in the literature pertaining to stretching and a lack of …

Sport Nutrition Education: A Study Of Nutritional Practices And Knowledge Among Mississippi Valley Conference High School Athletic Programs In The State Of Iowa, Sara Lynn Hallgren

Dissertations and Theses @ UNI

High school athletes are becoming more involved in nutritional supplementation and including foods in their diet high in fat and sugar through increased consumption of "convenience foods" and fast-food. These poor eating behaviors and use of supplementation are reasons why it is becoming increasingly important to bring sport nutrition education to the high school level. It is imperative these athletes receive appropriate education needed to make educated choices about food selections to meet nutritional needs for their sport and development. The purpose of this study is to determine the status of sport nutrition education among Mississippi Valley Conference high school …

The New Formalism: Requiem For Tiered Scrutiny?, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Claims For Protection Based On Religion Or Belief: Analysis And Proposed Conclusions, Karen Musalo

Faculty Scholarship

No abstract provided.

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Using Mediation Techniques To Manage Conflict And Create Healthy Work Environments, Debra Gerardi

Faculty Scholarship

No abstract provided.

Curing Conflict, Debra Gerardi, Dale C. Hetzler, Virginia L. Morrison, Lorraine Sanchez Hayes

Faculty Scholarship

No abstract provided.