Digital Commons Network^™

International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

No abstract provided.

Suppressing The Incriminating Statements Of Foreigners, John Quigley

William & Mary Bill of Rights Journal

No abstract provided.

The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore

William & Mary Bill of Rights Journal

No abstract provided.

A Law Student In The Supreme Court: United States V. Drayton And The Future Of Consent Search Analysis, Dennis J. Callahan

William & Mary Bill of Rights Journal

No abstract provided.

Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren

William & Mary Bill of Rights Journal

No abstract provided.

The Extraordinary Execution Of Billy Vickers, The Banality Of Death, And The Demise Of Post-Conviction Review, David R. Dow, Jim Marcus, Morris Moon, Jared Tyler, Greg Wiercioch

William & Mary Bill of Rights Journal

No abstract provided.

Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber

William & Mary Bill of Rights Journal

No abstract provided.

Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall

William & Mary Bill of Rights Journal

No abstract provided.

Evaluating Progress In Behavioral Programs For Children With Pervasive Developmental Disorders: Continuous Versus Intermittent Data Collection, Anne Rena Cummings

Dissertations

It is well documented that intensive behavioral treatment of early childhood autism can result in significant improvements in adaptive behavior. The typical teaching format in such programs is based on the restricted operant (i.e., discrete trial) in which the performance of an exemplar skill follows a clear instruction and precedes programmed reinforcement or error correction. Because of the often-intensive nature of behavioral treatment, it is not unusual for thousands of learning opportunities to be presented each week. There currently exists a professional debate regarding the frequency of data collection necessary in autism treatment programs. One side of the argument favors …

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Political Dynamics Within The Balkans: The Cases Of Bosnia & Herzegovina, Macedonia, Bulgaria, Serbia, And Montenegro, Lisen Bashkurti

Chicago-Kent Law Review

The Essay intends to analyze the regional and local political dynamics within the Balkans and focuses on the most problematic and disputable areas after the Cold War. Through analyses of individual states, bilateral relations, and regional relations, the author gives a broad and complex view of the current and future reconfiguration of the Balkans. Individual cases with contradictory political trends, interstate problems with reciprocal implications, regional "domino effects" of overall solutions, and local and international engagements to support the process in accordance with the modern trend of democratization and integration of the Balkans are included in the Essay's laboratory of …

The Insufficiency Of International Legal Personality Of Kosova As Attained Through The European Court Of Human Rights: A Call For Statehood, Iliriana Islami

Chicago-Kent Law Review

The Essay starts with the question whether the idea of a "sovereign state" should wither away in the face of new processes, namely globalization and human rights, processes which are sweeping the world. My conclusion is that the bureaucratic rationale of statehood allows citizens to improve their human rights through participation in a political process. If human rights are not respected, international law would support the national law system that is akin to statehood.

Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.

Chicago-Kent Law Review

Final status for Kosovo must include a mechanism for resolving claims incident to the breakup of Yugoslavia and the secession of Kosovo from Serbia. Models and theory drawn from other experiences with the dissolution of states provide only partial guidance for Kosovo because the earlier efforts tended to neglect private claims and tended to concern successor states where sovereignty was clearer than it has been during the period of international administration of Kosovo. The most attractive possibility for Kosovo is to establish an international tribunal modeled in part on the Iran and Iraqi claims tribunals, with some decision makers appointed …

Final Status Of Kosovo: The Role Of Human Rights And Minority Rights , Wolfgang Benedek

Chicago-Kent Law Review

In view of the massive human rights violations experienced in Kosovo, the reconstruction of society and the final status of the territory have to be based on human rights and minority rights. Besides universal human rights instruments, European regional standards are of particular importance as Kosovo wants to be fully integrated into Europe. The Article identifies the relevant European and international standards and procedures and finds shortcomings with regard to guarantees on economic, social, and cultural rights, which are an indispensable element of human security.

It then compares the role given to human and minority rights in the Constitutional Framework …

Self-Determination Under The Terms Of The 2002 Union Agreement Between Serbia And Montenegro: Tracing The Origins Of Kosovo's Self-Determination , Enver Hasani

Chicago-Kent Law Review

State building of the union between Serbia and Montenegro represents the biggest challenge for peace and stability in the Balkans and beyond, with the issue of an unsettled Kosovo as an everlasting indicator of that challenge. The USM Agreement alone is not enough to produce the desired results. Only an overall, nonterritorial restructuring of Kosovar society along the principles and norms of the rule of law, democracy, and the respect for human and minority rights can produce the desired results. An approach based on new internal territorial divisions, such as the ongoing process of decentralization, can only further exacerbate the …

Some Key Principles For A Lasting Solution Of The Status Of Kosova: Uti Possidetis, The Ethnic Principle, And Self-Determination, Zeinullah Gruda

Chicago-Kent Law Review

Five years after the end of the conflict in Kosova, final status remains an object of discussion. The author elaborates several options that have been proposed by analysts, diplomats, and various forums. The author argues that final status must be based on the factors that influence the creation of states and on the principles behind any democratic and just solution concerning statehood: uti possidetis, the ethnic principle, and the right to self-determination.

The Designation Of "Distinct Population Segments" Under The Endangered Species Act In Light Of National Association Of Homebuilders V. Norton, Katherine M. Hausrath

Chicago-Kent Law Review

The term "distinct population segment" in the Endangered Species Act has no defined scientific meaning. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have jointly promulgated a policy requiring a distinct population segment to be both: (1) discrete and (2) significant. However, the implementation of this policy has led to inconsistent listing decisions and the failure to list distinct populations of species that require protection under the Endangered Species Act. These problems are clearly illustrated in National Association of Homebuilders v. Norton, in which the plaintiffs sued the U.S. Fish and Wildlife Service in district …

Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman

Georgia State University Law Review

No abstract provided.

Dayton Business Leader, Winter 2004-05, University Of Dayton

Dayton Business Leader

The Dayton Business Leader, published out of the Office of Public Relations, later University Communications, then University Marketing and Communications, provided news from the University of Dayton School of Business Administration to alumni and friends. It was published from the late 1990s to about 2010.

Protection Of Human Rights Under Kosovo's Criminal Code And Criminal Procedure Code, Rexhep Murati

Chicago-Kent Law Review

The Criminal Code and Criminal Procedural Code of Kosovo, together with other laws from the fields of criminal and procedural law, provide protection of human rights to all of Kosovo's citizens based on the most advanced international standards of human rights. The Criminal Code of Kosovo increases the number of human rights and freedoms that are protected by law. The most important human rights and freedoms that benefit from this protection are the right to life and security of the person; fundamental rights and freedoms; and the rights to honor, reputation, personal dignity, marriage, family, and health. In the Criminal …

Economic Integration As A Means For Promoting Regional Political Stability: Lessons From The European Union And Mercosur, Thomas Andrew O'Keefe

Chicago-Kent Law Review

The Article explores ways to ensure the future economic viability and the territorial integrity of Kosovo, whether as an independent state or as an entity with autonomous powers under the sovereignty of Serbia. The Article discusses the experiences of the European Union and MERCOSUR economic integration projects that have led to permanent peaceful relations among the participating countries, and contributed to overcoming historically bitter rivalries and conflicts. In examining the EU experience, the Article explores how supranational institutions coupled with the concept of subsidiarity have heightened regional autonomy within existing national states and made demands for secession both redundant and …

The Legal And Political Grounds For, And The Influence Of The Actual Situation On, The Demand Of The Albanians Of Kosovo For Independence, Hajredin Kuci

Chicago-Kent Law Review

The Article argues in support of the Kosovar Albanians' right to independence and self-determination. By examining the ancient and recent ethnic history of these people and their neighbors, particularly the Serbs, the author brings to light the shared beliefs within each group. Then by examining developments since the dissolution of the Federal Republic of Yugoslavia, through the lenses of international law and politics, the author analyzes the building blocks of sovereign statehood: defined borders, governmental institutions, and international recognition.

A Strategy For Renewing Franchise Negotiations In Kosovo, Matthew V. Topic

Chicago-Kent Law Review

A group of Kosovar entrepreneurs recently attempted to purchase a franchise of a U.S. business. While the presence of such a business would benefit Kosovar economic development, the Kosovar entrepreneurs were quickly denied by the U.S. company. It is unclear, however, whether U.S. trademarks are protected against unauthorized use in Kosovo, either under U.S. or Kosovar law, and it is possible that the entrepreneurs could use the franchise mark regardless of the rejection.

This Note explores the consequences of such unauthorized use. It examines both the uncertain nature of Kosovar trademark law and the nuances of extraterritorial application of the …

Take It Or Leave It: Monsanto V. Mcfarling, Bowers V. Baystate Technologies, And The Federal Circuit's Formalistic Approach To Contracts Of Adhesion, Christopher M. Kaiser

Chicago-Kent Law Review

The Federal Circuit has been widely criticized for unrelenting formalism. Perhaps because Congress charged the court with establishing national uniformity in areas of the law where uniformity was lacking, the Federal Circuit has often expressed a significant preference for bright-line rules. According to many critics, this preference has come at the expense of fairness. In two relatively recent decisions, the Federal Circuit has expanded its formalism into the area of contracts of adhesion, a topic it had not had the opportunity to consider before. This Note examines those two decisions, the formalistic approach taken by the Federal Circuit, and the …

Ke Alaka'i, Vol. 70, No. 13 (2004-12-01), Brigham Young University Hawaii

Ke Alaka'i

No abstract provided.

Psychosocial Antecedents Of Sex Offender Criminality And Violence., Sonia Marie Perry Mills 1965-

Electronic Theses and Dissertations

Sexual abuse and sexual violence perpetrated against women and children in the United States are social problems that need to be addressed. The United States is one of the most sexually violent societies in the world, having one of the highest rates of any industrialized country of rape and sexual violence (Stewart, 2002). Although any type of sexual victimization is problematic, sexual violence in particular can have particularly devastating effects for the victim. We urgently need to know why some adults sexually abuse and assault (Cannon, 2001). Examination of the psychosocial antecedents of sex offender criminality and violence will add …

Novel Synthesis Techniques For Nanostructures., Romaneh Jalilian 1977-

Electronic Theses and Dissertations

Crystalline beta-Ga2O3 nanowires with two distinct morphologies have been synthesized through simple physical evaporation of Te doped GaAs powder in argon atmosphere. The structure of the nanowires was characterized by SEM, TEM, XRD, EDX, and raman spectroscopy. Nanowires as long as hundreds of micrometers with diameters in the range of 20-200 nm have been produced with a high yield. Absence of Tellurium in the nanowires indicates that the growth mechanism is not VLS based. The role of Tellurium in the growth process is not clear. Substitution of sulfur in place of tellurium resulted in similar nanostructures. One of the morphologies …

Atoms, Complexes, And Demonstration: Posterior Analytics 96b15-25, Owen Goldin

Philosophy Faculty Research and Publications

There is agreement neither concerning the point that is being made in Posterior analytics 96b15-25 nor the issue Aristotle intends to address. There are two major lines of interpretation of this passage. According to one, sketched by Themistius and developed by Philoponus and Eustratius, Aristotle is primarily concerned with determining the definitions of the infimae species that fall under a certain genus. They understand Aristotle as arguing that this requires collating definitional predictions, seeing which are common to which species. Pacius, on the other hand, takes Aristotle to be saying that a genus is studied scientifically through first determining the …

The Benefits Of Marriage Reconsidered, Barbara Wells, Maxine Baca Zinn

The Journal of Sociology & Social Welfare

This paper suggests that analyses of marriage experience take into account both structures of inequality and context. Although marriage is widely viewed as producing economic well-being and family stability, this analysis of a sample of White rural families finds the likelihood of realizing these benefits to be closely related to social class position. Marriage failed to produce these benefits for many working class and poor families. Although gains in economic self-sufficiency are viewed as an explanation for White women's perceived retreat from marriage, the limited opportunity structure for women in this rural place provides a context in which women continue …

Cleavage In American Attitudes Toward Social Welfare, William M. Epstein

The Journal of Sociology & Social Welfare

Opinion polls probing both the narrow and broad senses of social welfare among Americans indicate hardly any substantial differences over crucial social sentiments among a variety of groups with at least theoretically divergent interests: rich and poor, men and women, blacks and whites, a variety of ethnic groups, union and nonunion households. The items mainly concern the provision of welfare to the poor through AFDC, now TANF, and Food Stamps but also cover OASDHI. Consistently over more than sixty five years of systematic opinion polling, there is an astonishing consensus, so large in fact that it may undermine any effort …