Digital Commons Network^™

The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart

Faculty Publications

No abstract provided.

The Trouble With Taxes: Fairness, Tax Policy, And The Constitution, Leo P. Martinez

UC Law Constitutional Quarterly

Fairness stands for a complicated set of moral and practical instructions inculcated in us since childhood. Consequently, fairness presents knotty problems of application for legal and policy analysts in the formulation of tax policy. This article probes the contours of the concept of fairness in taxation. I begin and end with the observation that fairness or the perception of fairness in taxation is a deceptively unsophisticated proposition. Part I includes a brief description of the public perception of fairness in the context of taxation. Part II follows with an exploration of the concept of fairness as a fundamental tenet of …

A Review Of Exploring Heaven, #1, Stephen K. Moroney

Quaker Religious Thought

No abstract provided.

"Preemptive War": Is It Constitutional?, John B. Mitchell

Santa Clara Law Review

No abstract provided.

Knowledge Production, Resource Accumulation Maintenance And Access: A Southeast Asian Experience, A.B. Shamsul

Research Publications (2000 to 2005)

No abstract provided.

Teaching In And Against The Empire: Critical Pedagogy As Revolutionary Praxis, Peter Mclaren, Gregory Martin, Ramin Farahmandpur, Nathalia Jaramillo

Education Faculty Articles and Research

"All across the country, critical educators are fighting on dozens of fronts, searching in both form and content for a coherent pedagogical expression that captures their opposition to what they perceive as major developments of world-historical importance... Whilst we will mention some of these fronts in our discussion, our focus will be on expanding the concept so that it addresses both the urgency and the scope of the current crisis of capitalism in relation to the crisis of educational reform, and takes as its central aim the struggle against capitalism and imperialism."

Is Lawrence Libertarian?, Dale Carpenter

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Mount Rainier - A Ticking Time Bomb, Justin Tureson

Honors Capstones

Mount Rainier, though beautiful, presents a major problem to the area around the Puget Sound. This includes the metropolitan area of Seattle, Tacoma, Olympus, Puyallup, and their suburbs. The problem is the threat of volcanic disaster. The purpose of this project was to look into the potential volcanic hazards to the area and the preparedness of the area in response to an eruption. This was done by looking at the history of the mountain, past eruptions, and emergency management plans in place. To predict an eruption now, the 1980 Mount St. Helens eruption was looked at for comparison. Research on …

Development And Analysis Of A Feedback Treatment Strategy For Parturient Paresis Of Cows, Radhakant Padhi, S. N. Balakrishnan

Mechanical and Aerospace Engineering Faculty Research & Creative Works

An intelligent on-line feedback treatment strategy based on nonlinear optimal control theory is presented for the parturient paresis of cows. A limitation in the development of an existing nonlinear mathematical model for the homogeneous system is addressed and further modified to incorporate a control input. A neural network based optimal feedback controller is synthesized for the treatment of the disease. Detailed studies are used to analyze the effectiveness of a feedback medication strategy and it is compared with the current "impulse" strategy. The results show that while the current practice may fail in some cases, especially if it is carried …

Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Wiiliam E. Nelson

Faculty Articles

I need to begin by defining a legal realist as anyone, including a practitioner of sociological jurisprudence, who rejects formalism’s faith that judges can derive results in hard cases deductively from nonpolitical, neutral, and objective sources of law such as cases and statutes. A realist believes that judges must bring something else to the table. But what else? Here I need to draw an overly sharp, analytical distinction. On the one hand, a judge might see herself as an agent of society who is under a duty to make law conform to the wishes of society. If such a judge …

Teachings Of The Book Of Mormon, Semester 3: Transcripts Of Lectures Presented To An Honors Book Of Mormon Class At Brigham Young University, 1988-1990, Hugh Nibley

Maxwell Institute Publications

Hugh Nibley is one of the best-known and most highly revered of Latter-day Saint scholars. For over forty years this near-legendary teacher has enthralled his readers and listeners with his encyclopedic knowledge, his wit, and his untiring research in defense of Latter-day Saint beliefs.

Now you can join Dr. Nibley in the first of four Honors Book of Mormon classes that he taught at BYU during 1988-90. Part three contains twenty-nine lectures focusing on Alma 45 through 3 Nephi 20. It is vintage Nibley, with his insights, humor, and passionate convictions, discussing a book that he loves and knows so …

Exponent Vol. 36, No. 15, 2004-01-21, University Of Alabama In Huntsville

2004

No abstract provided.

Blood On The Third Coast: Causes And Consequences Of Madison's 1970 Sterling Hall Bombing, Andrea Rochelle Blimling

Lawrence University Honors Projects

Causes and consequences of Madison's 1970 Sterling Hall Bombing.

Closing A Loophole In Accountability For War Crimes: Successor Commanders' Duty To Punish Known Past Offenses, Carol T. Fox

Case Western Reserve Law Review

No abstract provided.

Comment: A Public Choice Perspective On The Federal Circuit, Andrew P. Morriss

Case Western Reserve Law Review

No abstract provided.

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?

The Legacy Of The Danish Resistance In World War Ii, Joy Ibsen

The Bridge

When I first heard about this conference, I immediately thought of this topic, because I believe the Danish Resistance in World War II provides a legacy of critical importance. It is one which can be of help in guiding our way through today's murky social and political problems as we grapple with terrorist threats and moral issues confronting us in this new millennium. It is a story of special significance to all Danes and Danish-Americans.

Full Issue

The Bridge

No abstract provided.

Individual Aboriginal Rights, John W. Ragsdale Jr.

Michigan Journal of Race and Law

This Article will, in Section I, deal with the legal development of the concept of individual aboriginal rights. It will focus on the Western Shoshone land claims before the Indian Claims Commission, and the federal government's trespass claims against the ranching operations of the redoubtable, irrepressible Dann sisters. Section II will explore the development and utilization of the doctrine of individual aboriginal rights in a series of cases involving the Dann sisters, subsequent Western Shoshone, and other efforts by native people to secure subsistence hunting and fishing rights and possession of or access to sacred sites. Section III will explore …

The Education Of Joseph Prince: Reading Adolescent Culture In Eighteenth-Century New England, Douglas L. Winiarski

Religious Studies Faculty Publications

Among the earliest extant manuscripts composed by a New England adolescent, Prince's commonplace book both confirms and modifies existing studies of the transition from childhood to adulthood in early America. Unlike the night-walking youths who appear in revisionist scholarship, Prince never was haled before the Plymouth County court to answer charges of "frolicking" with his cronies. Instead, this dutiful scion of a wealthy and politically powerful southeastern Massachusetts clan spent most of his free time perusing the books in his father's extensive library. Yet the very act of reading held subversive potential. While his parents sought to hone his religious …

Punitive Damages In Cyberspace: Where In The World Is The Consumer?, Michael L. Rustad

Chapman Law Review

No abstract provided.

Roman Catholicism: Theology And Colonization, G. Scott Davis

Religious Studies Faculty Publications

The Catholic tradition in the Latin West grew up on the foundations laid by Rome. It accepted as fact the urban establishments that had started as colonial settlements and the need for such settlements to safeguard the imperial order. Thus in Catholic religious thought colonization and colonialism have no independent status; they are matters for legal and political reflection. Nonetheless, Catholic moral theology, particularly as it dealt with mission and conquest, had much to say about the activities that made colonization possible.

Resource For Social Cause Design, Hang Lian

Theses

The goal of this project is to compile a working resource to help graphic designers develop effective solutions for social cause design problems. The intent is to provide a starting place for designers rather than to create a comprehensive resource that covers every aspect of social cause design.

Small-State Foreign Policy: An Analysis Of Kiribati, Nauru, Palau, Tonga, Tuvalu And Mauritius, Thomas M. Ethridge

Masters Theses

Small-state foreign policy is often characterized by the types of alliances that form between small and large states. It is rarely disputed that small states fend for themselves in the global milieu that creates today's societies. Rather, the debate usually begins as to why small states seek strategic alliances with large states.

This thesis, on the other hand, questions the very existence of small-state alliances by examining the foreign policy behavior of six small island states. The analysis begins with a quantitative breakdown of United Nation voting behaviors by five Pacific states — Kiribati, Nauru, Palau, Tonga, and Tuvalu. Next, …

The Reality Of A Last Victim And Abuse Of The Sanctioning Power, George Cochran

Loyola of Los Angeles Law Review

No abstract provided.

Information Control In Times Of Crisis: The Tools Of Repression (Symposium, Privacy And Surveillance), Christina E. Wells

Faculty Publications

This article identifies several tools of information control that occur consistently throughout history. The government does not use all of these tools in every national security crisis. Nor does it always abuse them. However, the patterns that emerge suggest a certain predictability to (1) the government's actions during national security crises, and (2) the potentially negative consequences flowing from them that warrants our attention. Understanding this historical pattern of government action allows one to identify and potentially prevent future problems. This is especially important in the post-9/11 world in which the government has asked for and received controversial powers with …

Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott

Michigan Journal of International Law

Not so long ago, in 1998, the world acknowledged both the fiftieth anniversary of the Universal Declaration of Human Rights and the 350th anniversary of the Peace of Westphalia. The Universal Declaration was celebrated in the popular press, by thousands of activists, and at well attended open forums at schools and universities. Westphalia was noted almost exclusively at academic conferences. But public obscurity is an undeserved fate for Westphalia, for its legacy in organizing our political world vies with that of the American and French revolutions. What Westphalia inaugurated was a system of sovereign states where a single authority resided …

Arbitral Law-Making, Thomas E. Carbonneau

Michigan Journal of International Law

Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …

Nations Without States: Political Communities In The Global Age, Montserrat Guibernau

Michigan Journal of International Law

The nation has become one of the most contested concepts of our times. The multifarious definitions of the nation focus on cultural, political, psychological, territorial, ethnic, and sociological principles according to different scholars, politicians, and political activists willing to shed some light into such a disputed term. Their lack of agreement suggests a major difficulty in dealing with such a complex phenomenon. The crux of the matter probably resides close to the link which has been established between nation and State, and to the common practice of using the nation as a source of political legitimacy. To be or not …

Methods Of Power For Development: Weapons Of The Weak, Weapons Of The Strong, John Braithwaite

Michigan Journal of International Law

Peter Drahos and John Braithwaite conducted a study during the 1990s on global business regulation, interviewing more than five hundred key players in approximately twenty globalizing business regulatory regimes. Results from that study are used in this paper to inform the identification of seven elements of American power in global governance. The paper then poses the question whether those elements can be acquired by developing countries.