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Article Iii And The Cause Of Action, Anthony J. Bellia Jr.

Journal Articles

This Article undertakes a systematic exploration of the concept of the "cause of action" as it is used by courts and scholars in making arguments about the scope of the federal judicial power. The concept of the cause of action figures prominently in debates about such fundamental questions as what kinds of cases Congress may empower federal courts to adjudicate (jurisdiction), who may initiate a case in federal court (standing), and when a federal court may afford a plaintiff a private remedy for the violation of a federal regulatory scheme (implied rights of action). Federal courts have answered these questions, …

Refreshing The Heart Of The City: Vacant Building Receivership As A Tool For Neighborhood Revitalization And Community Empowerment, James J. Kelly Jr.

Journal Articles

Vacant Building Receivership is a building code enforcement tool that dispossesses and forecloses on owners of vacant buildings who are unwilling or unable to bring their derelict properties into basic conformity with basic building codes. This article examines vacant building receivership as a tool for ensuring the renovation of vacant buildings and as a means by which communities can develop increased confidence in and control of residential development in their neighborhoods. After discussing the need for a vacant house strategy tailored to support mid-level urban neighborhoods, the article, in its second section, will analyze how Baltimore's vacant building receivership remedy …

Alternative Sanctions And The Federal Tax Law: Symbols, Shaming, And Social Norm Management As A Substitute For Effective Tax Policy, Michael S. Kirsch

Journal Articles

On several occasions in the past decade, when confronted with taxpayers taking advantage of the Internal Revenue Code in ways that Congress considered objectionable, Congress responded in an unusual way. Rather than merely modifying the Internal Revenue Code to alter the tax consequences of the taxpayer's actions, or imposing traditional civil or criminal penalties on the taxpayer, Congress turned to alternative sanctions. For example, in response to United States citizens who renounce citizenship to avoid taxes, Congress enacted public shaming provisions that require publication of the individuals' names in the Federal Register and modified the federal immigration laws to banish …

The Prodigal Argument: Mccollum V. Board Of Education, Gerard V. Bradley

Journal Articles

From the Introduction

Judges, lawyers, and scholars all cite the 1947 case, Everson v. Board of Education, as the cornerstone of Establishment Clause doctrine. They are right to do so. The Everson Court took two path-breaking steps: incorporation and strict separation. The justices there held, for the first time, that the Fourteenth Amendment made the Establishment Clause applicable to state action. Then they offered a novel account of what non-establishment meant. In sweeping language (which you can find at 330 U.S. 15 - 16) they held that it meant more than equality among religions. By requiring that all government …

The United States Supreme Court Rulings On Detention Of "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel

Journal Articles

In three rulings on prolonged military detention of so-called "unlawful enemy combatants" in the "war" against terrorism, the United States Supreme Court in June 2004 shielded the rule of law from some of the more extreme excesses of the Bush Administration. However, the Court also yielded some ground and left open a number of troublesome questions.

Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell

Journal Articles

To wage war consistently with international law, a national leader must be able to answer at least three questions in the affirmative: Is there a right to resort to force? Is the use of force necessary? If it is necessary, can it be carried out in a way that the cost in terms of human lives, property, and damage to the natural environment will not outweigh the value of resorting to force? If the answer to any of these questions is no, the use of force is unlawful. International lawyers tend to focus on the first question, understandably. Why analyze …

American Conversations With(In) Catholicism, Richard W. Garnett

Journal Articles

CATHOLICISM AND AMERICAN FREEDOM: A HISTORY. By John T. McGreevy. New York and London: W.W. Norton & Co. 2003. Pp. 431. $26.95.

John T. McGreevy's Catholicism and American Freedom tells the story of how America or, more particularly, American liberalism has reacted and responded to Catholic claims about the nature and purpose of freedom. It also addresses how these claims were, in turn, shaped by Catholicism's own interactions with, internal conversations about, and adjustment to American liberalism. As McGreevy shows, for many people and for many years, the Roman Catholic Church served as a foil for American values and …

Aesthetic Representation Of Traditional Chinese Painting In Two Fifth-Generation Chinese Films, Yuliyana Gencheva

Theses and Dissertations

No abstract provided.

Fluctuations In Federal Indian Policy In The Early 19th Century Using The Cherokee Nation As A Case Study, Helen Elizabeth Johnson

Theses and Dissertations

No abstract provided.

(In)Visible Dimensions Of Identity In Virginia Woolf, Leeann D. Hunter

Electronic Theses and Dissertations 2000 - 2009

This study of three novels by Virginia Woolf---Mrs. Dalloway, To the Lighthouse, and The Waves---examines the various narrative techniques Woolf employs to construct her concept of character in the modernist novel, and also considers her related assumptions about the multiple dimensions of identity. As Woolf questions whether life and reality are "very solid or very shifting," she generates a series of framing devices---such as mirrors, portraits, dinner parties, and narratives---that acknowledge a solid, visible, and structured reality within the frame amidst a shifting, invisible, and unstructured reality outside it. Woolf's attention to the operation of the frame as simultaneously facing …

Assessment Of The Organizational Effectiveness Of Faith-Based And Secular Community Development Corporations In The Provision Of Economic Development And Other Services, Natacha Jasmine Yacinthe

Electronic Theses and Dissertations 2000 - 2009

This dissertation develops an approach and a model for assessing the effectiveness of faith-based and secular community development corporations (CDCs) in the provision of economic development and other services. This dissertation contends that faith-based and secular CDCs are essentially comparable entities whose characteristics and functions are virtually indistinguishable, thus to speak of organizational effectiveness of CDCs is sufficient to encompass both faith-based and secular CDCs. The study uses an empirical approach, directed by the literature, to discover the characteristics and functions of faith-based and secular CDCs, the extent to which they are involved in economic development activities, and to determine …

Book And The Labyrinth Were One And The Same: The Figure Of The Labyrinth In Danielewski, Borges And Eco, Jedediah. Palmer

Electronic Theses and Dissertations 2000 - 2009

This thesis examines the figure of the labyrinth in the contemporary novel House of Leaves by Mark Z. Danielewski, and in relation to works by Jorge Luis Borges and Umberto Eco. House of Leaves presents not only labyrinths with which its characters interact, but a seemingly material, textual labyrinth its readers are forced to navigate. This thesis argues that what are important about these features are that they serve to both extend the broader theoretical concerns of the book, and to (paradoxically) invest the reader more deeply in "the story" and to greater emotional effect.

Analysis Of Sphingolipids From Biological Sources Using On-Line High Performance Liquid Chromatography With Detection By Atmospheric Pressure Chemical Ionization And Electrospray Ionization Mass Spectrometry, Richard H. Perry

Electronic Theses and Dissertations 2000 - 2009

Sphingolipids (SPLs) are important structural components of membranes in some types of cells and are involved in numerous signaling processes. Sphingomyelin (SPM) and dihydrosphingomyelin (DHS) are the two major SPLs in membranes. Very little is known about the molecular species and role of DHS in biological systems. In this work, we employed high performance liquid chromatography with detection by atmospheric pressure chemical ionization and electrospray ionization (ESI) mass spectrometry to elucidate the SPL composition in biological extracts. No common dietary source of DHS is known to exist. A novel analytical method developed to analyze complex SPL mixtures was used to …

Adaptive Two-Level Watermarking For Binary Document Images, Edin. Muharemagic

Electronic Theses and Dissertations 2000 - 2009

In our society, large volumes of documents are exchanged on a daily basis. Since documents can easily be scanned, modified and reproduced without any loss in quality, unauthorized use and modification of documents is of major concern. An authentication watermark embedded into a document as an invisible, fragile mark can be used to detect illegal document modification. However, the authentication watermark can only be used to determine whether documents have been tampered with, and additional protection may be needed to prevent unauthorized use and distribution of those documents. A solution to this problem is a two-level, multipurpose watermark. The first …

Anti-Cancer Activity Of Pomegranate (Punica Granatum ) Extracts In Testicular Cancer, Jayann Marie Brown

Electronic Theses and Dissertations 2000 - 2009

Recent advancement in chemotherapy has resulted in higher and longer survival rates of testicular cancer patients. However the use of chemotherapeutic agents are not without serious, sometimes fatal side effects. This study investigated the potential therapeutic efficacy of pomegranate extracts in testis cancer cells, GC1-spg, in vitro. A battery of assays was used to determine the chemosensitivity of GC1-spg cells to two pomegranate extracts, S (seed) and P (pericarp), in single and combination treatments: MTS and LDH to determine post-treatment survival rate (growth inhibition) and cytotoxicity respectively; Acridine Orange/Ethidium Bromide fluorescent dye to assess treatment-induced apoptosis/necrosis; Annexin V-FITC and TUNEL …

Cinderella Effect: The Psychological Bases And Mental Dynamics Of Step-Parental Ambivalence, Mandy E. Miller

Electronic Theses and Dissertations 2000 - 2009

Cross-cultural empirical data show that stepchildren receive lower levels of parental investment than their genetic counterparts. Beyond economic deprivation, stepchildren are abused, neglected, and murdered at the hands of stepparents at significantly higher rates than their genetic counterparts (the Cinderella Effect). This study was focused on emotional capital as a resource for purposes of parental investment. Using the tools of dynamical systems, this study investigated the affective components of the differential levels of parental investment in genetic and step-children in light of predictions derived from evolutionary and personality/synchronization based psychological mechanisms. This was accomplished by defining and comparing the valence …

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

Publications

No abstract provided.

Celebrating Diversity Through Fashion? A Cultural Analysis Of Tommy Hilfiger Online, Adam D. Taylor

Electronic Theses and Dissertations 2000 - 2009

Tommy Hilfiger is a popular fashion designer who incorporates a unique mix of style, patriotism and cultural diversity into the advertising and marketing of his products. But does his approach communicate true equality or divide Americans through race, class, and/or consumerism? Does his conceptualization of cultural diversity support ideals of multiculturalism or promote principles of assimilation? Tommy Hilfiger's official website, www.tommy.com, is analyzed from a cultural studies perspective to examine these questions. Political economic, cultural economic and semiotic theories are applied at the levels of production, text and consumption to reveal whether hegemonic or counter-hegemonic themes prevail. As a result, …

Cinematographic Reading And Catalogues In Walt Whitman's "Leaves Of Grass", Manuel J. Jaramillo

Electronic Theses and Dissertations 2000 - 2009

Walt Whitman's visual imagination was influenced by paintings, panoramas, and photography. His expansive vision reflects changes in methods of perception. Whitman was also an influence on early filmmakers, like Dziga Vertov. Vertov's "Kino-Eye" theory and Whitman's poetry reflect each other in their attempts to attain a "fresh" perception, to see the world "photogenically." Consequently, there is more than just similitude between Whitman and cinema. In fact, both are meant to be seen. Although the idea of reading Whitman "cinematographically" has been mentioned by some critics, none has suggested how this reading process is to be enacted or understood by the …

Controlling The Body: The Nature Of The Cultural Spectacle, Brooke A. Bailey

Electronic Theses and Dissertations 2000 - 2009

Feminist theorists have criticized Rene Descartes' conception of oppositional dualism, finding that it falsely separates mind from body and invidiously values mind over body. This ideology generally associates marginalized groups with the body and devalues physicality as seen in the human body and the natural world. Many institutions such as the zoo, the strip club and the historic display of Non-Westerners reflect Cartesian patterns of human isolation from the physical body, from the natural world and from one another. Each of these institutions produces a cultural spectacle in which a member of a marginalized group is marked as the denigrated …

Creep And Shrinkage Effects On Integral Abutment Bridges, Sivakumar. Munuswamy

Electronic Theses and Dissertations 2000 - 2009

Integral abutment bridges provide bridge engineers an economical design alternative to traditional bridges with expansion joints owing to the benefits, arising from elimination of expensive joints installation and reduced maintenance cost. The superstructure for integral abutment bridges is cast integrally with abutments. Time-dependent effects of creep, shrinkage of concrete, relaxation of prestressing steel, temperature gradient, restraints provided by abutment foundation and backfill and statical indeterminacy of the structure introduce time-dependent variations in the redundant forces. An analytical model and numerical procedure to predict instantaneous linear behavior and non-linear time dependent long-term behavior of continuous composite superstructure are developed in which …

Dancing Beneath The Surface: Men, Masculinity And Expressions Of The Feminine, Christa M. Hodapp

Electronic Theses and Dissertations 2000 - 2009

The masculine gender identity in western United States culture is constructed in opposition to femininity, and is maintained through the culture modes of discipline and surveillance. However, instances of male femininity challenge these rigid constructs of gender, and suggest that gender is in fact a performance reflecting cultural norms as opposed to an internal core of identity. Instances of male femininity can be located in heterosexual male cross-dressing activities, ranging from the recent phenomena of "metrosexuality" to heterosexual men completely dressing as women. While frequently presenting some problematic conceptions of gender, these behaviors also provide instances of subversive breaks in …

Does Perceived Parenting Affect Children's Attachment Style In Middle Childhood?, Brooke C. Corby

Electronic Theses and Dissertations 2000 - 2009

This longitudinal study examined the likely direction of influence between perceived parenting and attachment style in middle childhood. In each of two successive years, measures of perceived parenting behaviors and of attachment style were administered to 164 children (mean age 10.2 in Year 1). Avoidant (but not preoccupied) attachment predicted change in perceived parenting over time, in that avoidant children perceived their mothers as increasingly overprotective, as less monitoring, as less affectionate, and as providing less reliable support over time. There was little evidence that perceived parenting led to change in attachment style over time, although low perceived maternal support …

Effects Of Target Neuron Loss On Olfactory Sensory Neurons In Adult Mice, Yona. Ardiles

Electronic Theses and Dissertations 2000 - 2009

Olfactory sensory neurons (OSN) expressing the same odor receptor (OR) project their axons to topographically fixed glomeruli in the olfactory bulb (OB). This topographic map results from axon guidance mechanisms determined by ORs, glia and molecular guidance cues. The present study examined the organization of mature OSNs expressing the P2 OR in adult mice after ablation of bulb neurons with N-methyl-D-aspartate (NMDA). Rapid neuronal degeneration was followed by progressive laminar disorganization of the OB and glomerular shrinkage. P2 axon targeting and convergence was maintained within degenerating glomeruli for up to 2 weeks. After that time, fewer P2 axons were observed …

Distributed Leadership: An Exploratory Study, Rosemary T. Lucia

Electronic Theses and Dissertations 2000 - 2009

The purpose of this study was to investigate the distribution of leadership and its effectiveness in an elementary school setting. This investigation viewed distribution as a horizontal continuous process, rather than a hierarchical process with administrators, teachers and support staff each demonstrating varying degrees of involvement in leadership activities according to roles, situations, leadership styles and organizational relationships. This study was anchored in a democratic, distributed perspective using the work of Jack Gibb, Richard E. Elmore, Peter Gronn, and James Spillane as its foundation. The design of this study involved the use of both quantitative and qualitative methods. The quantitative …

Does Evaluation Make A Difference? The Effect Of Evaluation On Remedial Education In Florida's Community Colleges, Shari. Lyes-Maclachlan

Electronic Theses and Dissertations 2000 - 2009

Throughout the nation, many community college students arrive at the doors of public higher education without college-level skills. As the need for remediation over the years has grown, the controversy over who should be responsible for it---and whether it should be provided at all---has also grown. In Florida, more than 60 percent of all incoming college students must enroll in one or more remediation courses in the areas of reading, writing, or mathematics. Florida law requires students to take non-credit "College-Preparatory" classes if they score below mandated cut-off scores on state-approved placement tests. The central theory of this study is …

Dwellings And Beings, Spaces And Places: A Topoanalysis Of Vladimir Nabokov's "Lolita", Sally M. Badawi

Electronic Theses and Dissertations 2000 - 2009

This thesis conducts a toponalysis of phenomenological notions of "Being" and "dwelling" in Vladimir Nabokov's Lolita and concludes that the existence of the characters rests in their relationships to dwelling and the ramifications of their separation from home. As Humbert and Lolita experience alienation and uprooted-ness, they embark upon a two-year journey which orbits around reality, as their travels follow what David Seamon calls, Journey-Dwelling Spiral, however, without ever attaining a state of dwelling. As they attempt to overcome their disorientation, Lolita distances herself from Humbert, and Humbert projects his nympholepsy onto another, Quilty. Because Lolita succeeds in her goal, …

Emotion, Language, And Heroism In C. S. Lewis's Space Trilogy, Heather Marie Leger

Electronic Theses and Dissertations 2000 - 2009

C. S. Lewis's Space Trilogy presents a hero in the person of philologist Dr. Elwin Ransom. Lewis's presentation exhibits a purposeful and precise use of language that describes experience and characterizes emotional authenticity. This use of language becomes particularly interesting when examined in light of the theories of Owen Barfield, who along with Lewis recognizes that myth is significant as an expression of language and its relation to the human condition, and Joseph Campbell, who discusses the journey of the hero. In his own writings Lewis contends that there has been a process of working against the "mythical imagination," moving …

Finite Element Modeling For Dislocation Generation In Semiconductor Crystals Grown From The Melt, Xinai. Zhu

Electronic Theses and Dissertations 2000 - 2009

Dislocations in Gallium Arsenide (GaAs) and Indium Phosphide (InP) single crystals are generated by excessive stresses that are induced during the crystal growth process, and the fabrication and packaging of microelectronic devices/circuits. The presence of dislocations has adverse effects on the performance, lifetime and reliability of the GaAs and InP-based devices/circuits. It is well known that dislocation density can be significantly reduced by doping impurity atoms into the GaAs and InP crystal and/or decreasing the thermal stresses in these crystals during their growth process. In order to reduce the dislocation density generated in the GaAs and InP crystals, the influence …

Father, The Son And The Sense Of Humor: The Novels Of John Fante, Emanuele. Pettener

Electronic Theses and Dissertations 2000 - 2009

John Fante is a well-known novelist in Italy and Europe, but still very much unknown and unrecognized in the United States. Yet, John Fante is an American writer and, though his father came from Torricella Peligna---a small town in the middle of Italy---Fante did not speak Italian; he felt American and, most of all, he wanted to be considered an American writer. His novels are imbued with both "Italian Americanicity" as well as "Americanicity". In fact, throughout his eight novels, one of the main topics is the American motif par excellence, the American Dream. What are the reasons for such …