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Compass, Armstrong State University

Armstrong News & Publications: Compass (Archived)

No abstract provided.

The Metaphysics Of The Sublime: Old Wine, New Wineskin?, Philip J. Rossi

Theology Faculty Research and Publications

John Milbank’s and Phillip Blond’s narratives of modernity’s descent to nihilism identify the “metaphysics of the sublime” as a feature of modernity, assimilated from Kant’s critical project, that is particularly problematic for the robust post-modern Christian theology proposed in Radical Orthodoxy. This essay argues that the sublime is not the concept most fundamental to their account of Kant’s role in modernity. Far more important is the “phenomenon/noumenon” distinction, which Milbank and Blond read as a “two-world” distinction—an understanding that, despite a long history in Kant interpretation, is not Kant’s. It is less important, however, that constructive dialogue between Radical Orthodoxy …

Noah’S Younger Brother Revisited: Anti-Noachic Polemics And The Date Of 2 (Slavonic) Enoch, Andrei Orlov

Theology Faculty Research and Publications

No abstract provided.

Review Of The Church In A Postliberal Age By George Lindbeck, M. Therese Lysaught

Theology Faculty Research and Publications

Dr. Lysaught reviews George Lindbeck's book The Church in a Postliberal Age.

M. Therese Lysaught was affiliated with the University of Dayton at the time of publication.

Kentucky's Perpetual Prisoner Machine: It's About Money, Stephen C. Richards, James Austin, Richard S. Jones

Social and Cultural Sciences Faculty Research and Publications

Kentucky is currently facing a severe budget crisis and is seeking ways to lower its prison and community corrections costs. This article focuses on our study of the prison and parole experience of men and women in Kentucky. What we found is a virtual “perpetual incarceration machine” where prisoners are recycled from prison to parole and back to prison. The following discussion includes: Kentucky's prison population continues to grow, parole failure, methods, description of interview samples, interview data, the structure producing parole failure, and Kentucky's perpetual incarceration mechine. Based on our findings, several promising reforms are recommended that if implemented …

Closed But Not Forgotten: Government Review Of Consummated Mergers Under Section 7 Of The Clayton Act, Scott A. Sher

Santa Clara Law Review

No abstract provided.

Rethinking The War Powers Resolution: A Strengthened Check On Unfettered Presidential Decision Making Abroad, Kelly L. Cowan

Santa Clara Law Review

No abstract provided.

An End Run Around Antitrust Law: The Second Circuit's Blanket Application Of The Non-Statutory Labor Exemption In Clarett V. Nfl, Scott A. Freedman

Santa Clara Law Review

No abstract provided.

Book Review [Gulag: A History], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson

St. Mary's Law Journal

The Attorney General of Texas is the only elected official charged with regulating the state’s charitable interest. This duty and authority over charitable assets and entities are comprehensive and unique in themselves. Although the broader state representation role of American attorneys general has evolved considerably and been substantively codified in the statutory law, the area of charity regulations has remained remarkably true to its common law root. This Article will briefly examine the early roots of charity regulation and then discuss the authority and duties of the Attorney General of Texas in the modern context of charity regulation. In Texas, …

New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood

St. Mary's Law Journal

Abstract Forthcoming.

Employment Law - Racial Discrimination - Circumstantial Evidence Of Racial Discrimination May Be Introduced To Raise A Genuine Issue Of Material Fact, Patricia W. Moore

Faculty Articles

In Hopson v. DaimlerChrysler, the United States Court of Appeals for the Sixth Circuit decided whether summary judgment was appropriate for the defendant on racial discrimination claims based on violations of Title VII, 42 United States Code § 2000e-2000e-17 and the Elliott-Larsen Civil Rights Act, Michigan Compiled Laws Annotated 37.2101.

Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

A Nonkilling Society Resists Evil And Injustice And Asserts Our Human Dignity And Solidarity, Benjamin T. Tolosa Jr

Political Science Department Faculty Publications

No abstract provided.

Gaming Delaware, William Wilson Bratton

Articles

No abstract provided.

2004-2005 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

El Poder Del Texto Y La Transformacion Del Personaje En Cien Años De Soledad, Sally F. Quiroz

Honors Theses

No abstract provided.

Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen

Publications

This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.

Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber

Publications

Modern criminal law is intensely one-sided in its treatment of victims and defendants. Crime victims and criminal defendants do not enter the trial process on an equal moral footing. Rather, from the beginning victims are assumed blameless, truthful, and even beyond doubt, while defendants are guilty, not worthy of credence, and immoral. This one-sided view of victims, however, is a fiction. As any other people, victims differ in their characterizations. Some are indeed trustworthy, truthful, blameless and ultimately innocent. Others, however, are bad actors themselves, have memory failures, falsely identify, provoke, and even lie. Some victims are in fact, and …

Abandoning Principles: Qualified Tuition Programs And Wealth Transfer Taxation Doctrine, Wayne M. Gazur

Publications

In 1996 Congress gave its imprimatur to a modest qualified tuition program provision. Over the course of the next five years the provision was expanded, providing additional wealth transfer taxation and income taxation benefits. This essay proposes that unless limited, such benefits are inconsistent with established taxation principles and also have the potential to undermine the integrity of the wealth transfer tax structure and the progressive nature of the income tax.

Lawsuit Abandonment Options In Possibly Frivolous Litigation Games, Peter H. Huang

Publications

This paper develops a new theory of possibly frivolous litigation by focusing on a plaintiff's options to unilaterally abandon a lawsuit. Federal Rule of Civil Procedure 41(a)(1)(i) and its various state law counterparts permit, under certain circumstances, a plaintiff to voluntarily dismiss her lawsuit without prejudice. This paper's options approach to litigation, including quite possibly, frivolous litigation is placed in the context of the literature of economic models about litigation in general and frivolous litigation in particular. This paper demonstrates that possibly frivolous lawsuits will be filed and settled when the values of a plaintiff's options to unilaterally abandon litigation …

A Narrative Of Sovereignty: Illluminating The Paradox Of The Domestic Dependent Nation, Sarah Krakoff

Publications

For the last thirty years the Supreme Court has been adjusting the boundaries of American Indian tribal sovereignty. Some cases affirm tribal inherent powers, but recently the trend has been to limit those powers. Yet neither the Court nor the Congress, which can reverse Supreme Court decisions on questions of tribal sovereignty, has been informed about how these alterations to tribal powers actually affect American Indian tribes on the ground. This article provides that information by examining the interplay between Supreme Court decisions and the Navajo Nation's exercise of its sovereign governmental powers from 1970-2003. In the categories of general …

Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet

Publications

This Article asks a simple question: Could third-party mediators be helpful in deals, just as they are in disputes? This Article makes a theoretical argument for such interventions, but also presents preliminary empirical evidence suggesting that transactional mediation may already be taking place.

My Dinner At Langdell's, Pierre Schlag

Publications

This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.

No Provincial Or Transient Notion: The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich

Articles

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2004, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Guard-Ring Electrode Effects On Crosstalk In Simulated 2d Cmos Compatible Vertical Photodiode Pixel Arrays, Paul Jansz-Dravetzky, Steven Hinckley

Research outputs pre 2011

In this study, we have simulated the electrical crosstalk in back-illuminated and front-illuminated photodiode arrays as a function of substrate thickness and junction depth for single junction photodiode pixels, with and without guard-ring electrodes. The physical mechanisms responsible for electrical crosstalk suppression are explained using an absorption volume proportion concept. The results obtained show that significant crosstalk suppression can be achieved for back-illuminated thin substrate guarded-pixel arrays

How Bank Risk Profiles Affect Their Strength : An Assessment Of Banks In The Asia-Pacific Region, David E. Allen, Mahendra Chandra, Jaime Li Ping Yong

Research outputs pre 2011

This paper analyses bank relative riskiness by testing the sensitivity of Asia-Pacific banks to overall market risk, global credit risk shocks, interest rate risk shocks and maturity risk shocks. The banks’ risk profiles are categorised according to their capitalisation levels and functional degree of diversification. Our results indicate that highly capitalised banks yield higher average stock returns whilst functionally diversified banks have less volatile returns. Generally, banks that adopt capital adequacy guidelines and hold higher capital levels have greater protection from these risks. Functionally diversified banks are also more strongly positioned against system-wide shocks to the banking sector.

Ausfta And Its Implications For The Australian Stock Market, David E. Allen, Lee Kian Lim, Trent Winduss

Research outputs pre 2011

This paper investigates whether current and future domestic and United States macroeconomic variables can explain long and short run stock returns in Australia. This is undertaken with a view to examining the potential implications of the Australia-United States Free Trade Agreement (AUSFTA). America is included in the analysis as a “foreign influence”. In the recent past it has been Australia’s second largest trading partner after Japan. The long run relationship tested in this study is based on the present value model of stock prices, which is tested using a range of cointegration and causality tests. These include the Johansen ML …

Will A Rise In Consumption Tax Share Increase The Effectiveness Of Government Spending?, Y H. Cheung

Research outputs pre 2011

The Australian tax reform in July 2000 gave heavier weights to consumption tax in the tax mix at the expense of the income tax. This paper shows that the trade off among the tax-mix policy parameters depends on the structure of the economy. Given that the reform is tax-revenue neutral and no change in monetary stance, a rise in the share of consumption tax in the tax mix may increase the effectiveness of government spending in stabilising the economy if certain contain is fulfilled. A numerical example is included for illustration purpose.