Digital Commons Network^™

How The New European Union Constitution Will Allocate Power Between The Eu And Its Member States--A Textual Analysis, Stephen C. Sieberson

Vanderbilt Journal of Transnational Law

The new European Union Constitution, if ratified by the EU's Member States, will replace the existing EC Treaty and Treaty on European Union. The Author analyzes the text of the Constitution to determine how it balances the functions and powers of the EU institutions with the role of the Member State governments within the EU system. Topic areas include the characteristics of the EU, the Union's values and objectives, and the substantive areas of EU activity. In each area the Constitution reveals a determined effort by its drafters to emphasize the corresponding characteristics, values, and powers of the Member States. …

Old Man And The Sky: The Brazilian Antitrust Implications For Rupert Murdoch's Expansion Of The Sky Global Satellite Network, Geoffrey Drake

Vanderbilt Journal of Transnational Law

To expand its global satellite network to the United States, Rupert Murdoch's News Corporation purchased DirecTV in 2003. Brazil's antitrust regulatory body, CADE, has expressed concern about a potential monopoly in the Brazilian satellite market controlled by Murdoch because News' Sky Latin America competes directly with DirecTV. If News opts to combine the two Brazilian satellite services, it will consolidate control of ninety-five percent of Brazil's satellite market, leaving satellite and cable competitors at a disadvantage. The Author argues that CADE should conditionally approve the acquisition because of the combination's ability to benefit Brazilian consumers, the government, and News Corporation …

Rebuilding A Broken Regime: Restructuring The Export Administration Act, Nathan T.H. Lloyd

Vanderbilt Journal of Transnational Law

The Export Administration Act (EAA) authorizes the President to control the export of "dual-use" goods and technology for national security and foreign policy purposes. "Dual-use" items are goods or technology that are commercial or civil in nature and can be used to produce sophisticated, dangerous weaponry. The EAA expired ten years ago, and although it has been continued by various Executive Orders since, Congress has failed to renew the legislation. As part of the larger export control regime in the United States, the EAA has been an utter failure. Dual-use goods have made their way into the hands of a …

From Everson To Zelman: The Advent Of True Private Choice And The Erosion Of The Wall Between Church And State, Melinda Barker

Santa Clara Law Review

No abstract provided.

All For The Love Of A Child: The Current State Of California's Grandparent Visitation Statute In Light Of Troxel V. Granville, Michael Varela

Santa Clara Law Review

No abstract provided.

Peer-To-Peer File Sharing And Copyright Infringement: Danger Ahead For Individuals Sharing Files On The Internet, Richard Swope

Santa Clara Law Review

No abstract provided.

Beyond Welfare Reform: Can We Build A Local Welfare State, Frank Munger

Santa Clara Law Review

No abstract provided.

The Needs Of Members In A Legitimate Democratic State, John A. Powell

Santa Clara Law Review

No abstract provided.

A Proposed Amendment To The California Public Records Act: Balancing Privacy And Public Access, Nora Culver

Santa Clara Law Review

No abstract provided.

Investigating Microcosms And Macrocosms: The History Of The Department Of Chemistry And Physics 1853-2003 At Arcadia University (Formerly Beaver College), Arthur Breyer

University Records

This unpublished manuscript by Professor Emeritus Arthur Breyer covers the history and development of the Department of Chemistry and Physics at Arcadia University (Beaver College) from its beginnings in 1853 until 2003. Topics covered include the role of the physical sciences and the department in the development of the University; departmental accreditation with the American Chemical Society; faculty biographies, awards, and grants; and student awards, senior thesis topics, accomplishments, and outcomes.

The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo

Articles

Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects. Nonetheless, comprehensive coverage of infertility treatments under employer-sponsored plans - where, like Jane, most Americans get health insurance - appears to be the exception rather than the rule. Can Jane sue for disability discrimination, sex discrimination, or both? While the answer - "it depends" - should not be surprising to anyone who has survived even a semester of law …

What’S In A Name?: Seeing Feminism, Universalism, And Modernity, Zillah Ruth Eisenstein

Wagadu: A Journal of Transnational Women's & Gender Studies

Women’s rights activists have claimed–and disowned–the label “feminist.” This article revisits old questions in feminist discourse and probes what feminism(s) mean today for women across the globe. It explores the possibility of a polyversal feminism which expresses women’s potential humanity and moves beyond divisions. The plural acts of resistance to Empire are neither western or non-western. Women activists are encouraged to radically pluralize, rather than liberally pluralize the concept of feminism.

When The Safety Net Fails: An Analysis Of Alternative Long-Term Care Services In Kentucky, Suzanne Dale

MPA/MPP/MPFM Capstone Projects

The Problem

In early 2003, the Kentucky Cabinet for Health Services, faced with a $450 million Medicaid shortfall, implemented several cost-cutting measures to the Medicaid program. The most visible measure included new stricter medical eligibility requirements for long-term care programs. As a result of these new requirements, approximately 2,813 elderly and disabled Kentuckians were denied services in Kentucky’s Aged/Disabled Home and Community-Based Waiver Program, a Medicaid program that provides long-term care services in people’s homes and in community-settings. The Cabinet for Health Services claimed that those who lost home and community-based Medicaid services could receive care through alternative state programs. …

Identifying The Potential Advantages And Disadvantages Of Creating A Separate Foundation For Development At The University Of Kentucky, David Shellhorse

MPA/MPP/MPFM Capstone Projects

Statement of Issue

The question of whether or not the University of Kentucky should create a legally independent, institutionally related foundation to receive, hold, invest, and administer the private gift support of the University has been an ongoing debate between UK administrators for many years. This study seeks to identify the potential advantages and disadvantages of creating such a foundation by: (1) conducting a qualitative analysis consisting of personal interviews with officials from the University of Kentucky, the University of Louisville, Western Kentucky University, and Murray State University; and (2) conducting a quantitative regression analysis to determine whether or not …

Evaluation Of Drip And Microasperation Irrigation Methods In Spinach (Spinaca Oleracea) And Swiss Lettuce (Valerianella Locusta) In Walipinis, Marina Roxana Luque Quispe

Theses and Dissertations

This study occurred at the Ventilla Ecologic farm, situated in the central Altiplano of the Murillo province, 26 km from La Paz. Its objectives were to evaluate two types of irrigation, by drip and by microasperation, in spinach and Swiss lettuce in Walipinis, and to conduct an economic analysis. The genetic material used was spinach (viroflay variety) and Swiss lettuce (large-leaved variety). Chapin irrigation belts and nebulizers were used, and two tensiometers were used to determine the soil moisture. Manual planting occurred on September 1, 2002, in all experimental areas. Seeds were dispersed in a continual flow with Swiss lettuce …

Review Of Encyclopedia Of Population, Ed. By Paul Demeny And Geoffrey Mcnicoll, Rebecca Tolley

ETSU Faculty Works

Review of Encyclopedia of Population. Paul Demeny and Geoffrey McNicoll Macmillan Reference USA. 2003. 2v, 0-02-865677-6, $240.00

Comments On A Class Action Rule For Mississippi Comments, Howard M. Erichson

Faculty Scholarship

In my primary contribution to this Symposium, I address whether Mississippi ought to adopt a class action rule. In that article, I show that the lack of a class action rule prevents neither mass disputes nor mass aggregate litigation. I argue that for some mass disputes, class actions provide a superior mechanism for dispute resolution, and that Mississippi therefore should adopt a rule permitting class actions. There is another important question, however, which is what such a rule should contain if adopted. Indeed, the questions of whether to permit class actions and what a class action rule should contain are …

Case Comments: Constitutional Law: Reaffirming Every Floridian’S Broad And Fundamental Right To Privacy, Diane Lourdes Dick

Faculty Articles

In this article Professor Diane Lourdes Dick examines the Parental Notice of Abortion Act (the Act) that was passed in 1999 by the Florida Legislature, which required minors seeking an abortion to either notify a parent prior to the procedure or obtain court approval to waive parental notice. A minor choosing the latter option must demonstrate to a court that she is either mature enough to make the decision or that, despite a court's finding that she lacks sufficient maturity, parental notification is clearly not in her best interest. The statute has never been enforced and the right to privacy …

Latin American Resistance Movements In The Time Of The Posts, Glen Kuecker

History Faculty publications

This article examines the flood of resistance movements in today’s Latin America. It places them in the context of the great economic changes that have swept the world since the end of the Cold War, what is often called “globalization.” Analysis focuses on the “newness” of our contemporary period, especially the importance of the transnational political and economic order. This essay illustrates how social scientists attempt to understand this moment of change, and emphasizes the limitations to their theory. Special emphasis is on the utility of New Social Movement theory as a tool for understanding today’s resistance movements as well …

Disability And Identity, Stacey L. Coffman

Master of Liberal Studies Theses

Chapter 1 establishes my search for reflections of my identities in the larger culture. I describe my search for recognition in a culture that glorifies the "able" bodied and explore why difference must be explored from multiple contexts.

Chapter 2 describes the methodology I chose for this project and how it reflects the nature of the perspectives I utilize. It explores the difficulties and rewards of autoethnographic work.

Chapter 3 describes the process of identity formation. Since this project views disability as a construct, I must determine which forces create and perpetuate our identity as human beings. I also explore …

The Bacterium Xenorhabdus Nematophila Inhibits Phospholipases A2 From Insect, Prokaryote, And Vertebrate Sources, Youngjin Park, Yonggyun Kim, David Stanley

Department of Entomology: Faculty Publications

The bacterium Xenorhabdus nematophila is a virulent insect pathogen. Part of its pathogenicity is due to impairing cellular immunity by blocking biosynthesis of eicosanoids, the major recognized signal transduction system in insect cellular immunity. X. nematophila inhibits the first step in eicosanoid biosynthesis, phospholipase A₂ (PLA₂). Here we report that the bacterium inhibits PLA₂ from two insect immune tissues, hemocytes and fat body, as well as PLA_2s selected to represent a wide range of organisms, including prokaryotes, insects, reptiles, and mammals. Our finding on a bacterial in-hibitor of PLA₂ activity contributes new insight into …

Lipopolysaccharide Evokes Microaggregation Reactions In Hemocytes Isolated From Tobacco Hornworms, Manduca Sexta, Jon S. Miller, David W. Stanley

Department of Entomology: Faculty Publications

Insect cellular immune reactions to bacterial infection include nodule formation. Eicosanoids mediate several cellular actions in the nodulation process, including formation of hemocyte microaggregates, an early step. In previous work, we reported that isolated hemocytes produce and secrete eicosanoids that influence hemocyte behavior in response to bacterial challenge. We also reported that microaggregate formation in response to challenge was mediated by prostaglandins (PGs), but not by products of the lipoxygenase (LOX) pathways. In this paper we describe experiments designed to test the idea that exposing isolated hemocytes to lipopolysaccharide (LPS) evokes formation of hemocyte microaggregates and this cellular action is …

Reflections [Complete Issue : Second Quarter 2004, Vol 30, 2], Sigma Theta Tau International, Amber Luchtenburg, Dawn Freshwater, Christopher Johns, Beverly J. Taylor, Norma Krumwiede, Sonja J. Meiers, Hema Santhanam

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

Encounter with Crisis: Lessons I Learned

Return to El …

Reflections [Complete Issue : Third Quarter 2004, Vol 30, 3], Sigma Theta Tau International, Jane W. Swanson, Karlene M. Kerfoot, Steven S. Ivy, Melodie Ruth Daniels, Helen French, Theresa L. Carroll, Tommye Austin, Mei-Yu Yu, Shao-Mei Shang

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

Self-healing Practices: Essential Tools for Balance

On the Road …

Outer South East Livable Infill Project, Debbie Collard, Kristine Dos Remedios, Krista Hornaday, Harper Kalin, Ying Lin, Kris Sorensen

Master of Urban and Regional Planning Workshop Projects

The City of Portland, Oregon has experienced unprecedented population growth in the last decade, much of which has been accommodated through infill development. Not all infi ll development has contributed to meeting design goals, prompting the City’s Bureau of Planning to launch the Infill Design Project in 2003. The Infill Design Project aims to improve the design of multi-dwelling and rowhouse development outside the Central City. This study supports the Infill Design Project by studying the design of new, multi-family infi ll development in a section of Outer Southeast Portland, Oregon. Through public outreach, this study identifies community design preferences …

Predicting The Success Of Commercial Aska Services, In The United States And Abroad, Kate Lyons, Jenny M. Baum

Publications and Research

This article discusses the quality of commercial and library-sponsored AskA services and uses this as a prediction for the success of the programs. The authors also explore the idea of the commoditization of information and its acceptance rates in different countries, and use these to predict the success of commercial and library-sponsored AskA services both in the United States and abroad.

The Spillikin (Vol. 21), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.

With Malice Toward All: The Increased Lethality Of Violence Reshapes Transferred Intent And Attempted Murder Law, Mitchell Keiter

University of San Francisco Law Review

WHAT MAKES SOME crimes worse than others? As crimes require both a mens rea and an actus reus, some commentators have deemed the corresponding concepts of culpability and harm the elements that determine the severity of a crime. The factors operate on a sliding scale whereby more of one compensates for less of the other. There is a third element, however, that is often overlooked: the danger posed by the offender's conduct.

Plagiarism In Academia And Beyond: What Is The Role Of The Courts?, Roger Billings

University of San Francisco Law Review

THOMAS MALLON, AUTHOR of the modern classic on plagiarism, "Stolen Words," wrote, "In 2001 the professoriate remains more inclined to pieties than to policing its own.... "2 If cases involving plagiarism are any guide as to the veracity of this statement, Mallon is mistaken. Careers are ruined because plagiarism is fiercely policed in universities as if it is one of the seven deadly sins. Reacting to the dishonest nature of plagiarism, university administrators drum both student and teacher plagiarizers out of the academy. Practitioners of law and medicine are similarly intolerant of plagiarism.

Supreme Court Review Of The Foreign Trade Antitrust Improvements Act: A Case Of A Misleading Question?, Joshua P. Davis

University of San Francisco Law Review

AN ATTORNEY DEFENDING a deposition may at times raise a relatively obscure objection-that the interlocutor has asked a "misleading question." The objection is appropriate when any answer will provide erroneous information. The classic example is, "Have you stopped beating your wife?" As a useful book on the topic explains, "If the witness answers [']yes,['] the implication is that he at one time did beat his wife; if he answers 'no,' it sounds as though he continues to beat her." The query calls naturally for one of two responses and both are misleading.