Digital Commons Network^™

Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Deystone

Publications

No abstract provided.

Unconstitutional Courses, Frederic M. Bloom

Publications

By now, we almost expect Congress to fail. Nearly every time the federal courts announce a controversial decision, Congress issues a call to rein in "runaway" federal judges. And nearly every time Congress makes a "jurisdiction-stripping" threat, it comes to nothing.

But if Congress's threats possess little fire, we have still been distracted by their smoke. This Article argues that Congress's noisy calls have obscured another potent threat to the "judicial Power": the Supreme Court itself. On occasion, this Article asserts, the Court reshapes and abuses the "judicial Power"--not through bold pronouncements or obvious doctrinal revisions, but through something more …

Executive Power And The Public Lands, Harold H. Bruff

Publications

No abstract provided.

The Supreme Court, Rule 10b-5, And The Federalization Of Corporate Law, Mark J. Loewenstein

Publications

This Article examines Supreme Court jurisprudence since 1997 under the federal securities laws in light of the Court's earlier securities law decisions and in light of its recent decisions construing the Constitution and federal statutes as they relate to the regulation of business. These post-1977 cases strongly suggest that the much-heralded new federalism philosophy of the Supreme Court is not a factor in securities law cases or in business cases generally. Indeed, the opposite seems to be the case. In this context, new federalism cases appear to be an anomaly, with the reality being that the Court is still as …

Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang

Publications

This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article …

Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton

Publications

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.

The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …

The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson

Publications

The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's understanding of the facts of the underlying dispute about the identity of a corpse. The author's investigations into newspaper archives and the original case documents point to …

Lucerne - Is It For Me? - Workshop Development Guide For Facilitators, Richard O'Donnell

Agriculture reports

This workshop has been developed as part of the GRDC/NDSP-funded ?A Million Hectares for the Future? Project with support and input from key personnel from the Department of Agriculture, Western Australian (DAWA). Thank you also, to the farmers who participated in the pilot workshops, providing valuable feedback on structure and content.

Introduction To Salinity - Workshop Development Guide For Facilitator, T M. Lacey

Agriculture reports

Participants will be able to recognise landscape components on their farm, which are at risk of salinity (current, imminent or future) and will be aware of a range of available options available to them to managing this risk.

Lucerne Is It For Me? Participants Notes, Richard O'Donnell

Agriculture reports

Participants will be able to recognise landscape components on their farm, which are at risk of salinity (current, imminent or future) and will be aware of a range of available options available to them to managing this risk. This workshop has been developed as part of the GRDC/NDSP funded ?A Million Hectares for the Future? Project.

A Template Functional-Gage Design Using Parameter-File Table In Autodesk Inventor, Cheng Lin, Moustafa Moustafa

Engineering Technology Faculty Publications

A systematic approach using Autodesk Inventor to design the functional gages of Geometric Dimensioning & Tolerancing (GD&T) is presented. The gages can be used to check straightness, angularity, perpendicularity, parallelism, and position tolerances of a part when geometric tolerances are specified with Maximum Material Condition (MMC). Four steps are proposed to accomplish the task: (1) creation of two-dimensional (2-D) initial template files, (2) generation of hierarchical folders for the template files, (3) creation a 3-D gage model from a specific template file, and (4) dimensioning and generation of the gage drawing. Results show that, by following this approach, students can …

Community Benchmarks: An Analysis Of Performance Measurements In Urban Planning Management, Susan Joan Daluddung

Dissertations and Theses

New public management practices in the U.S. call for governmental accountability, performance measures and benchmarks. Community benchmarks research provides a basis for current information and further research for planners and educators in the urban planning profession. A benchmark is simply a standard for performance or targeted level of service delivery aspired to by the city. Community benchmarks, as defined by the researcher, are tied to an adopted community plan. Community plans take many shapes including the General or Comprehensive Plan, the city's budget document, or a variety of strategic planning documents.

The intent of the study was to complete research …

Diabetes Care In School : Enhancing Teachers Level Of Knowledge, Susan L. Lorenz

Theses and Dissertations

No abstract provided.

The United Nations Security Council : Impact Of Its Characteristics As A Public Organization On The Conflict Resolution Process, Pavel Tchikov

Theses and Dissertations

No abstract provided.

Deep Drains To Manage Groundwater, Neil Cox, Sylvia Tetlow, Neil Coles

Bulletins 4000 -

A channel that is 1.0 m to 3.0 m in depth is considered to be a deep drain. The drain is excavated to a depth that is sufficient to intercept the watertable in order to capture and convey that groundwater from flat, poorly drained land.

The drain can either be ‘open’ to allow the inflow of surface water or ‘leeved’ to exclude surface water. An open deep drain has its spoil banks placed on one side or on alternate sides of the channel (Figure 1) while a leveed deep drain has continuous spoil banks placed on both sides of the …

A Manual For Raised Bed Farming In Western Australia, Derk Bakker, David Houlbrooke, Greg Hamilton, Cliff Spann

Bulletins 4000 -

This manual provides a complete set of information on the nature, location, occurrence and reasons for waterlogging and how to prevent it. The preventative technology, raised bed farming, is explained in terms of: how and why it works; the practical means of installing and maintaining a bedding system; the cropping practices and machinery adaptations needed to effectively farm raised beds; and, the improved productivity and profitability that result from its adoption. The geographic distribution of water.

Allometric Scaling Models Of Isometric Biceps Strength And The Effects Of Resistance Training, Eric Dobert Ryan

Electronic Theses and Dissertations 2000 - 2009

The purpose of this study was to (1) derive gender-specific allometric scaling models using pre-training muscle cross-sectional area (CSA) and body mass (BM) as scaling variables, (2) test model appropriateness using regression diagnostics, and (3) cross-validate the models before and after training. A subset of FAMuSS study data (n = 319, females = 183, males = 136) was randomly split into two groups (A & B). Group A pre-training data for female BM, female CSA, male BM, and male CSA models produced scaling exponents of 1.08, 0.44, 0.63, and 0.68, respectively. The female BM model was deemed inappropriate due to …

Atmosphere For "Orthodoxy": A Chestertonian Reading Of The Marian Heroine In Charles Dickens's "Dombey And Son", Jill A. Kriegel

Electronic Theses and Dissertations 2000 - 2009

Considering the fervent Catholicism of convert G. K. Chesterton's societal views, his championship of Charles Dickens, a seemingly avid non-Catholic, may appear misplaced. Upon examination, however, the wisdom of Chesterton's rationale will manifest itself; in fact, rereading Dickens's Dombey and Son through the eyes of Chesterton's Orthodoxy will prove Dickens himself to be a champion, albeit an inadvertent one, of the very core of Catholicism. Presenting Florence Dombey as a heroine, as a paragon of religious strength, and as a path to salvation for her misguided father, I present her not only as Dickens's literary and moral contribution to readers …

Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram

Publications

Abstract: Artists and other creators of expressive works often include trademarks and trademarked products as part of their works. They do so for a number of reasons, including lighthearted humor, critical cultural commentary, parody, or even simply to shock. In instances where such use is both unauthorized by and perceived as disparaging to the mark owner or the trademarked product, owners have attempted to sue under trademark law to enjoin the expressive use. This Article argues that, under a proper analysis of trademark law, precedent, and the free expression ideal enshrined in the First Amendment, mark owners should rarely, if …

Valuing Diversity As An Imperative For Fulfilling The Mission Of The Church, Walter B. T. Douglas

Faculty Publications

Demographic shifts, cultural and ethnic diversity, globalization, and the rapid expansion of the church in the southern hemisphere strongly suggest that the future growth of Adventism may emerge in the developing nations. This article is an attempt to engage in conversation on the changing face of Adventism and the challenge this new Adventism presents across cultural, ethnic, and racially diverse communities. This article provides the church with a window of opportunity to view diversity not as an event but as a process to maximize and explore the richness of its diversity and to see it not as a problem to …

Nature/Culture Clash: The Transnational Trade In Gmos, Dayna Scott

All Papers

This paper aims to offer a fresh perspective into what is at stake in the cross-cultural trade dispute over genetically-modified organisms (GMOs) by subjecting a particular discursive sample, the parties’ submissions to the WTO panel, to critical scrutiny. The first step involves a survey of the rhetorical strategies deployed by the parties’ in the presentation of their arguments to the Panel. Next, I embark on the task of ‘disassembling the double helix’. My use of the term ‘double helix’ in this analysis refers to the close coupling of scientific and legal discourses in the trade regime: science and law are …

Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller

Journal Articles

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.

Researching Georgia Law, Nancy P. Johnson, Nancy J. Adams, Elizabeth G. Adelman

Journal Articles

No abstract provided.

Some Varieties And Vicissitudes Of Lochnerism, Barry Cushman

Journal Articles

This article is a contribution to the Lochner Centennial Symposium at Boston University School of Law. Until recently, a consensus appeared to be emerging among constitutional historians concerning how best to interpret Lochner-era decisions involving Fifth and Fourteenth Amendment challenges to state and federal economic regulation. After decades during which the Court's jurisprudence had been characterized as the product of a reactionary judiciary's commitments to Social Darwinism and laissez-faire economics, more recent scholars had come to see the Court's police powers decisions as animated by what Professor Howard Gillman has called the principle of neutrality. On this view, the Court's …

Sacrifice, The Common Good, And The Catholic Lawyer, John J. Coughlin

Journal Articles

For some two decades since I entered law school, the connection between the philosophy of the human person and law has been of comparative interest to me. My interest was stimulated in no small part by the late Pope John Paul II, who urged that canon law reflect the essential elements of what it means to be human. Comparative legal study of the canon law of the Catholic Church with the law of the liberal state has convinced me of the importance of the understanding of the human person that underpins the law. Canon law and the Catholic intellectual tradition …

The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead

Journal Articles

A survey of the commentary following the conclusion of the Theresa Marie Schiavo matter leaves one with the impression that the case was a victory for the cause of autonomy and the right of self-determination in the end-of-life context. In this essay, I seek to challenge this thesis and demonstrate that, contrary to popular understanding, it is the defenders of autonomy and self-determination who should be most troubled by what transpired in the Schiavo case. In support of this claim, I will first set forth (in cursory fashion) the underlying aim of the defenders of autonomy in this context. Then, …

Keeping The Faith: The Presbyterian Press In Peace And War, 1913-1919, Michelle Fowler

Theses and Dissertations (Comprehensive)

There has been very little scholarship in recent years which provides a detailed analysis of Christian support for the First World War in Canada. This work attempts to fill this gap with respect to the Presbyterian Church in Canada. It is a thorough analysis of the Presbyterian periodicals in war and peace between 1913 and 1919. The work is presented as a contribution to our understanding of Canada's Great War experience. One of the few academic articles which examined Protestant support for the war was the influential article 'The Methodist Church and World War I'. In this article, published in …

Allosteric Models For Multimeric Proteins : Oxygen-Linked Effector Binding In Hemocyanin., Michael Menze, Nadja Hellman, Heinz Decker, Manfred Grieshaber

Faculty and Staff Scholarship

In many crustaceans, changing concentrations of several low molecular weight compounds modulates hemocyanin oxygen binding, resulting in lower or higher oxygen affinities of the pigment. The nonphysiological effector caffeine and the physiological modulator urate, the latter accumulating in the hemolymph of the lobster Homarus Vulgaris during hypoxia, increase hemocyanin oxygen affinity and decrease cooperativity of oxygen binding. To derive a model that describes the mechanism of allosteric interaction between hemocyanin and oxygen in the presence of urate or caffeine, studies of oxygen, urate, and caffeine binding to hemocyanin were performed. Exposure of lobster hemocyanin to various pH values between 7.25 …

Strategies For Universal Prevention Of Depression In Adolescents., Patrick Possel

Faculty and Staff Scholarship

Background: The occurrence of depressive disorders in adolescence is of high individual and social importance because of their prevalence and persistence into adulthood and their co-morbidity with other psychological disorders and psychosocial problems. International researchers have recognized the seriousness of depressive disorders in adolescence and thus have been involved in the development and evaluation of prevention programs.

Methods: This article will present the difficulties encountered in prevention research with adolescents and in the determination of prevention program efficacy. The main focus will be an overview of current prevention programs and their efficacy with special attention paid to programs featured in …

Iterative Equalization Using Improved Block Dfe For Synchronous Cdma Systems, Sang-Yick Leong, Kah-Ping Lee, Y. Rosa Zheng

Electrical and Computer Engineering Faculty Research & Creative Works

Iterative equalization using optimal multiuser detector and trellis-based channel decoder in coded CDMA systems improves the bit error rate (BER) performance dramatically. However, given large number of users employed in the system over multipath channels causing significant multiple-access interference (MAI) and intersymbol interference (ISI), the optimal multiuser detector is thus prohibitively complex. Therefore, the sub-optimal detectors such as low-complexity linear and non-linear equalizers have to be considered. In this paper, a novel low-complexity block decision feedback equalizer (DFE) is proposed for the synchronous CDMA system. Based on the conventional block DFE, the new method is developed by computing the reliable …