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Past And Present Proposed Amendments To The United States Constitution Regarding Marriage, Edward D. Stein

Articles

Proposals to amend the Constitution to prohibit same-sex marriages were recently actively discussed in the U.S. Senate and are likely to receive attention in the House before the year's end. This article situates arguments for these proposals within the history of attempts to amend the Constitution related to marriage by providing the first detailed, synthetic analysis of such previously proposed amendments. This examination reveals 133 previously proposed amendments to the Constitution relating to marriage, consisting primarily of proposals to prohibit interracial marriage, proposals to prohibit polygamy, and proposals to empower Congress to make uniform laws concerning marriage and divorce. By …

[Introduction To] Data Structures With Java, John R. Hubbard, Anita Huray

Bookshelf

For a freshman/sophomore-level course in Data Structures in Computer Science. This text teaches the use of direct source code implementations and the use of the Java libraries; it helps students prepare for later work on larger Java software solutions by adhering to software engineering principles and techniques such as the UML and the Java Collections Framework (JCF). Using the spiral approach to cover such topics as linked structures, recursion, and algorithm analysis, this text also provides revealing illustrations, summaries, review questions, and specialized reference sections.

[Introduction To] Universal Coverage: The Elusive Quest For National Health Insurance, Rick Mayes

Bookshelf

Universal health coverage has become the Mount Everest of public policy in the United States: the most daunting challenge on the political landscape. But, despite numerous attempts, all efforts to achieve universal health care have failed. In Universal Coverage, Rick Mayes examines the peculiar and persistent lack of universal health coverage in America, its economic and political origins dating back to the 1930s, and the current consequences of this significant problem.

Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon

Articles

The 1993 amendments to Rule 11 of the Federal Rules of Civil Procedure successfully reduced both the number of sanctions motions and the chilling effect on meritorious claims, contrary to initial concerns that weaker sanctions would increase frivolous filings. By introducing a safe harbor provision and altering the timing of Rule 11 motions, the amendments mitigated hindsight bias and encouraged the withdrawal of non-meritorious claims without penalty. Empirical evidence, including judicial surveys and a decline in sanctions motions, confirms the amendments' effectiveness in balancing deterrence of frivolous litigation with protection of legitimate claims.

Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams

Articles

At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …

Good Guys And Bad Guys: Punishing Character, Equality And The Irrelevance Of Moral Character To Criminal Punishment, Ekow Yankah

Articles

No abstract provided.

The Qi Connection: A Study In Studying Qi, Elizabeth Brooke Barrett

Presidential Scholars Theses (1990 – 2006)

The concept of Qi (pronounced "chee") is a difficult one to understand, let alone study. It strikes most of us as amorphous at best. Traditional Chinese Medicine enthusiasts in the West translate the term as "life-energy". How much more broad could it be! Some try to make the term scientific, referring to Qi as "bio-electrical" or "bio-magnetic", but they succeed only in clouding the issue further. Certainly, it does not help matters that those who would seem to know the most about this concept of Qi, the Qigong masters, are themselves most mysterious. Is it any wonder that many in …

The Formation Of The Bible, Steve Allen

Presidential Scholars Theses (1990 – 2006)

How could such a diverse group of books written over a period of 1500 years by over 40 different authors from all walks of life on three different continents and in three different languages be included in one single compilation (McDowell, 4)? Yet, this is what the present day Bible consists of The New Testament and the Old Testament were brought together by different means and at different times, but both have been declared complete and exhaustive by the early church and most people today. So, the main question revolves around how these particular sixty-six books (see chart 5) were …

Sox In The Boardroom: The Impact Of Sarbanes-Oxley 2002 On The Corporate Reporting Of The Fortune Fifty, Angela Boedeker

Presidential Scholars Theses (1990 – 2006)

When I began this research project I believed that I would find some major differences in reporting between the 2001 and 2002 financial reports of major corporations. My research question was, "What was the impact of the Sarbanes-Oxley Act of 2002 on the corporate reporting of the top 50 corporations in America as identified by Fortune magazine." Each year Fortune magazine lists the top 500 public corporations in American with the rankings based upon revenues. The results of the 2001 financial reports of these corporations led to the 2002 listing in the magazine; the results of the 2002 financial reports …

Intergenerational Preferences Regarding Punishment Of Criminal Offenders, Allison Deutsch, Molly Movall, Christine Van Berkum

Presidential Scholars Theses (1990 – 2006)

The purpose of this study is to examine intergenerational differences regarding corporal punishment of criminal offenders, particularly preferential differences that occur between members of the Baby Boom and Echo-Baby Boom generations. This research is of interest due to America 's changing culture. The children of Baby Roomers see fewer acts and practices as sinful and morally wrong than do their parents, and our research examines if similar changes occurred in the criminal justice system in response to how offenders should be punished. No studies currently exist which examine this issue, and this research will create awareness in the discipline of …

Paperless Construction: How Contractors Can Adjust To Change In The Industry, Tyler Hackman, James Lindgren, Kerri Rackow, Chris Snyder

Presidential Scholars Theses (1990 – 2006)

Paperless construction, in a nut shell, is the use of online or electronic programs for managing contracts, changes, drawings, submittals, RFis, correspondence, lab data, and inspection reports (Construction). The paperless construction movement is making its way through all types of construction, including residential, commercial, and heavy highway. It affects the whole project, from pre-bid, to project management, to closeout, and as the industry constantly becomes more paperless, contractors are forced to make changes in their processes to keep up with the trend. Peters Construction Corporation in Waterloo, Iowa, is an example a company committed to keeping on the leading edge. …

Rules-Based Vs. Principles-Based Accounting Standards: Analyzing The Impact Of Amending Apb No. 18 To A Principles-Based Standard, Jodi E. Ferring

Presidential Scholars Theses (1990 – 2006)

In the above analysis I considered the impact of amending APB No. 18 to a principles-based standard upon implementation, accounting objectives, and management manipulation. The analysis has uncovered both positive and negative aspects to a change in the accounting standards setting process. Implementation would be more costly and require more resources due to applying judgment instead of objective tests. Accounting objectives of comparability and reliability could arguably be improved assuming implementation is accurate. Principles-based accounting standards would not significantly improve consistency. Management structuring of transactions could be decreased assuming accurate implementation. The analysis has discovered that the potential success of …

Isaiah And The Suffering Servant: A Look At Isaiah 52:13-53:12 (Biblical References: English Standard Version), Laura Helmke

Presidential Scholars Theses (1990 – 2006)

As I read the book of lsaiah and the prophecy it holds, it gives a certain insight into something much bigger than my own understanding. As an Orthodox Jewish man once spoke about prophecy, Isaiah takes the viewpoint as one looking down from a precipice. It isn't necessarily looking directly into the future; instead, it takes the divine big picture and tries to explain it in human terms. So, when looking through the 66 chapters of Isaiah, I understand why this section of Scripture draws curiosity, debate, and passion.

As a child growing up with the Bible as a common …

Sarbanes-Oxley: A Compliance Case Study, Rachel Kass

Presidential Scholars Theses (1990 – 2006)

Sarbanes-Oxley is a piece of legislation passed into law on July 30, 2002 (The Sarbanes Oxley Act of 2002 With Analysis, 2002, p. iii). The act was developed to, " .. . to enhance public company governance, responsibility, and disclosure (p. l)." The official name of the act is Public Company Accounting Reform and Investor Protection Act. The name Sarbanes-Oxley comes from the act's co-sponsors: Senator Paul Sarbanes, D-Maryland and Senator Michael Oxley, R-Ohio. (Callaghan, 2004) The legislation adds requirements for publicly held corporations, not private companies, in the United States regarding internal controls and financial reporting. Sarbanes-Oxley, nicknamed SOX, …

Similarities And Differences In Perception And Production Of Diphthong Sounds Among Native Speakers Of Spanish And English, Kelley Wilkinson

Presidential Scholars Theses (1990 – 2006)

This thesis studies the similarities and differences between native speakers of the Spanish and English languages in the pronunciation of diphthong sounds, both the speakers' perception of such sounds as well as the actual sound produced. Two methods were used in determining trends and dissimilarities. Participants were asked to identify how many distinct segments they perceived in each of four test words. The results were then calculated and compared to seek common trends between the languages. The second method of determining similarities and differences involved measuring voice samples from the participants with a spectrograph. The end results were that while …

Prostitution As Legitimate Work: An Analysis Of Sex Work In America, Nicholas J. Osborne

Cal Poly Humboldt theses and projects

This thesis investigates the proposition that prostitution should be viewed as legitimate work in order to minimize the abuse and exploitation directed at sex workers by clients, pimps, and those engaged in trafficking. This thesis argues that paid sex work should be viewed as a public health and social welfare problem, not a criminal act that is socially constructed along rigid moral boundaries. Evaluation of the effectiveness of legal sex work in promoting safer sex practices is included in the thesis. Additionally, a legal analysis of various policies and legislation proposed and developed in relation to prostitution and the different …

Identity In The Movement For ProvençAl, Anne Bakken

Undergraduate Theses and Senior Projects

No abstract provided.

Music To My Ears : The Definition And Creation Of A Modern Musical, Seth Tanner Christman

Undergraduate Theses and Senior Projects

No abstract provided.

Individual And Overt Religious Community Attitudes : A Cross-Cultural And Inter-Denominational Study Using A Noam Chomsky Theory, Crystal Bostow

Undergraduate Theses and Senior Projects

No abstract provided.

Social Anxiety, Sexual Behavior, And Partner Selection, Tracy Emerson

Undergraduate Theses and Senior Projects

No abstract provided.

Good Enough To Use For Research, But Not Good Enough To Benefit From The Results Of That Research: Are The Clinical Hiv Vaccine Trials In Africa Unjust?, Ruqaiijah A. Yearby

All Faculty Scholarship

The epidemic of the Human Immunodeficiency Virus (HIV) infection in Sub-Saharan Africa, the region most affected by the HIV pandemic and where HIV is the leading cause of death, is reaching insurmountable proportions. In fact, out of the 36.1 million HIV infections worldwide, 25.3 million, seventy percent, are in Sub-Saharan Africa. Additionally, of the more than 15,000 people who are infected with HIV every day, ninety-five percent of the cases are in populations that live in developing countries such as those located in Sub-Saharan Africa. Due to the significant number of Africans infected with HIV, many researchers and ethicists have …

The Potential For State Labor Law: The New York Greengrocer Code Of Conduct, Matthew T. Bodie

All Faculty Scholarship

While labor law academics bemoan the ossification of federal labor law, the potential for state labor law has just begun to be explored. This Article takes a closer look at the New York Greengrocer Code of Conduct, a unique approach to the problem of industry-wide employment law violations. The Code, negotiated by the New York Attorney General's Office in conjunction with groups representing workers and greengrocers, provides a set of minimum terms and conditions for grocers which to some extent go beyond statutory requirements. In return for agreeing to the Code, grocers can avoid liability for past state employment law …

Beyond Bakke: Grutter-Gratz And The Promise Of Brown, Joel K. Goldstein

All Faculty Scholarship

The Supreme Court’s long-awaited decisions this past summer in the Michigan affirmative action cases provided yet another landmark in the continuing controversy regarding race and education. A quarter century, almost to the day, after the Court handed down its badly splintered decision in Regents of the University of California v. Bakke,[1] the Court again concluded that universities may sometimes, but not always, give some preference to racial and ethnic minorities in deciding whom to admit. The Court, in a 5-4 decision in Grutter v. Bollinger, upheld the constitutionality of the University of Michigan Law School’s admission policy that considered race …

Disentitlement? The Threats Facing Our Public Health-Care Programs And A Rights Based Response, Sidney D. Watson

All Faculty Scholarship

In the battle over the future of American health policy, the lines are drawn. On one side are those who seek to turn health care financing and delivery over to private markets that are individualized—where patients strike their own bargains rather than relying on employers or government insurers—and free from governmental mandates. On the other side are those who support a continuing role for government in assuring access to health insurance and health services and in controlling costs and monitoring the quality of care. The lines are hard, fast, and ideological.

The most recent skirmish ended November 24, 2003, when …

Five Easy Pieces: Motifs Of Health Law, Sandra H. Johnson

All Faculty Scholarship

The film Five Easy Pieces is named for a selection of five piano compositions that the Jack Nicholson character played in a childhood recital. Here, its namesake refers to five motifs of teaching and practicing health law. Like playing the piano pieces, some of these motifs sound difficult to teach but are quite easy, and others sound easy but are quite difficult.

First, whether it is the lawyers shaking their heads about the doctors or the doctors stunned by the ignorance of the lawyers, these two professions have difficulty reaching common understandings. Health law’s defining characteristic is that it attempts …

Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo

All Faculty Scholarship

Several recent films have villainized the health insurance industry as central elements of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical …

A Tyrannosaurus-Rex Aptly Named 'Sue': Using A Disputed Dinosaur To Teach Contract Defenses, Miriam A. Cherry

All Faculty Scholarship

This piece focuses on the discovery of a T-Rex skeleton, and the contract formed between the private fossil collectors and the Native American rancher who ostensibly owned the land where the fossil was situated. Although the fossil was eventually sold at auction for over eight million dollars, the fossil collectors paid the rancher only $5,000 for its excavation. In addition to the rancher, the Sioux tribe and the Department of Justice also became involved in the case.

As described in my work, the law school Socratic method has come under attack in recent years. In response to such criticisms, the …

Whistling In The Dark? Corporate Fraud, Whistleblowers, And The Implications Of The Sarbanes-Oxley Act For Employment Law, Miriam A. Cherry

All Faculty Scholarship

Passed in 2002 in the wake of the accounting scandals that resulted in billions of dollars of lost value to shareholders, the Sarbanes-Oxley Act has as its major goal the prevention of corporate corruption. This Article analyzes the impact of Section 806, the portion of the Sarbanes-Oxley Act that provides protections for employees who report securities fraud, and describes the effect that Sarbanes-Oxley has on existing employment law. In addition, this Article contributes to the debate over the general effectiveness of the Sarbanes-Oxley Act, a topic of contention among both academics and press commentators. This Article argues that the Act …

Faith, Confidence And Health Care: Fostering Trust In Medicine Through Law, Robert Gatter

All Faculty Scholarship

This Article responds to the work of Professor Mark A. Hall, who has written an accompanying essay in reply, published in the same issue of the Wake Forest Law Review.

This Article identifies an emerging medical trust movement and challenges its normative claim that, as a matter of policy, the law should be used to preserve, if not promote, trust in medicine. Key to this challenge is the fact that the emerging movement defines medical trust in emotional terms as a kind of faith that goes beyond rationally based confidence. First, because the movement defines medical trust as faith, it …

20 Years Of Speleothem Paleoluminescence Records Of Environmental Changes: An Overview, Yavor Y. Shopov

International Journal of Speleology

This paper discusses advance of the research on Speleothem Paleoluminescence Records of Environmental Changes after it have been first introduced by the author 20 years ago. It is demonstrated that most of the progress in this field was made in result of the operation of the International Program “Luminescence of Cave Minerals” of the commission on Physical Chemistry and Hydrogeology of Karst of UIS of UNESCO. Potential, resolution and limitations of high resolution luminescence speleothem proxy records of Paleotemperature, Solar Insolation, Solar Luminosity, Glaciations, Sea Level advances, Past Precipitation, Plants Populations, Paleosoils, Past Karst Denudation, Chemical Pollution, Geomagnetic field and …