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Portrait Of A Peddler, Enok Mortensen

The Bridge

Editors learn about potential articles in many ways. Last spring my wife and I were participating in "volunteer week" at the Danish Immigrant Archive - Dana College. During one of the twice daily breaks for coffee and kringle, Marilyn Juul Hanson, a volunteer from Cedar Falls, Iowa, shared some anecdotes about her great uncle, an itinerant peddler named Jergen Juul. When I expressed an interest in the story of Jergen Juul, Marilyn and her husband, Roger Hanson, a retired professor of physics at the University of Northern Iowa, gave me a copy of an article in English about the peddler …

Reviews

The Bridge

Written in the 1930s, Petersen, in his memoirs, tells the story of his life beginning with his childhood in Denmark in the 1860s and concludes in the 1890s when he married and became a settled citizen in Dannebrog, Nebraska. He is best known for his decade-long service as postmaster in Dannebrog and publisher of the Dannebrog News. But instead of telling about his career as postmaster and publisher, he relates, in great detail, events from his youth, his various jobs, his travels from place to place as his work directed him, and incidents that he witnessed. Nevertheless, his story is …

Full Issue

The Bridge

No abstract provided.

The Re-State-Ment Of Non-State Law: The State, Choice Of Law, And The Challenge From Global Legal Pluralism, Ralf Michaels

Faculty Scholarship

Should choice of law norms ever designate non-state norms as applicable law? The question is not new of course, although it is seldom discussed systematically. Yet the question moves from the periphery to the center once we view conflict of laws through the lens of globalization. If, through the lens of globalization, states and non-state communities both create norms, this should pose a challenges to conflict of laws rules that traditionally only designates state norms as applicable law. Somewhat surprisingly, conflict of laws and global legal pluralism rarely meet, so far, in analyses This paper does not set out its …

Europe, America And The “Unity” Of International Law, Joost H. B. Pauwelyn

Faculty Scholarship

Is international law "Europeanized"? If so, what are the implications of such "Europeanization" for the unity and coherence of international law? This paper claims, first, that the application of international law by domestic courts in Europe does not threaten the unity of international law. There may be good reasons for domestic courts not to give effect to international law, based on democratic legitimacy, internal balance of powers or reciprocity with other nations. Yet, the risk of fragmentation or inconsistent interpretations is not one of them. Second, the definition and pursuit of a European agenda or European approach to international law …

Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witnesses, Robert P. Mosteller

Faculty Scholarship

In Crawford v. Washington (2004), the United States Supreme Court radically altered Confrontation Clause analysis for the admission of hearsay statements. It created a very firm rule of actual confrontation for a narrowed class of covered hearsay, termed “testimonial statements,” and created only a limited number of exceptions. This new regime differed dramatically from the trustworthiness/reliability mode of analysis of Ohio v. Roberts (1980), which provided very wide but incredibly shallow protection against the admission of hearsay offered by the prosecution against the defendant. This article analyzes the basic teachings and uncertainties left in the wake of Crawford, sifting through …

Rights, Performatives, And Promises In Karl Olivecrona’S Legal Theory, Martin P. Golding

Faculty Scholarship

Karl Olivecrona (1971) maintains that "right" is a "hollow word," and so also for some other legal terms. "Right," he says, "has no conceptual background." He arrives at this position after an examination of metaphysical and naturalistic accounts, including American legal realism. Some of Olivecrona's arguments will be evaluated here. His position is influenced by Hagerstrom's theory of legal language, but he argues that Hagerstrom fails to account for how such terms as "right," "duty," etc. function in legal discourse and why they are useful. A parallel approach is also found in Olivecrona's book The Problem of the Monetary Unit …

2005 Literacy Survey Results, Community Research Institute-Johnson Center

Research, Reports, and Publications

No abstract provided.

Crawford’S Impact On Hearsay Statements In Domestic Violence And Child Sexual Abuse Cases, Robert P. Mosteller

Faculty Scholarship

This Essay examines the important ancillary doctrines that need to be developed in the wake of Crawford v. Washington (2004) and the "testimonial statement" approach to Confrontation Clause analysis to ensure that when confrontation is provided it in fact satisfies the requirements of the Clause. More than just some opportunity to cross-examine is required. The witness must be asked to make a public accusation in his or her direct testimony rather than simply being made available for questioning by defense counsel. A public accusation in not simply an after-thought of the right; rather, both it and cross-examination are central components. …

"And What Do You Say I Am?": The Meaning Of The Kentucky Display, Gerard V. Bradley

Journal Articles

In McCreary County v. ACLU, a bare majority of the Supreme Court affirmed that secularism is still the overriding principle of church-state law. Their “touchstone” was the “principle” which “mandates governmental neutrality between...religion and nonreligion.” But that’s actually not quite it. “Neutrality” between something and its absence— such as “religion” and “nonreligion”—would be (if it is imaginable at all) at least some of the thing. “Neutrality” between, say, a desert climate and a tropical climate would be someplace like Northern Indiana: rains here quite a bit but nothing like it does in the Amazon.

If “neutrality” means anything here …

Shopping For Law In A Coasean Market, G. Marcus Cole

Journal Articles

In the twentieth century, two Nobel-Prize winning economists wrote two seemingly unrelated characterizations of the processes constraining human behavior. One, Ronald Coase, wrote a short article entitled The Nature of the Firm,1 in which he reduced all managerial decision-making to a fundamental choice between making the factors of production, or buying them. This article and the idea of the "make or buy" decision for which it has come to be known, have proven to be among the most seminal in the history of financial economics and organizational behavior.

The second economist, Friedrich Hayek, wrote what he thought to be a …

Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett

Journal Articles

There is nothing new in the United Kingdom about either the threat of terrorism or a legal response to it. For almost one hundred and fifty years, the troubled spectre of Irish politics has haunted mainland Britain and produced a variety of reactions, some worth noting and others richly deserving oblivion. In surveying the legislation it is important to bear in mind that the events of September 11, 2001 did not immediately bring about any dramatic change in the legislation directed to anti-terrorism. Most of it was already there. Having said that, the events of 9/11 have certainly had an …

Proportionality And Federalization, Stephen F. Smith

Journal Articles

The thesis of this Article is that proportionality of punishment has become a casualty of federalization and that the federal courts helped kill it. The federal courts like to portray themselves as the victims in the vicious cycle of federalization, left defenseless in the face of rapacious efforts by Congress and the Department of Justice to use the federal criminal code for their own selfish ends. The federal judiciary repeatedly complains that its judges are overburdened with criminal cases that belong in state court. This is the story the leading lights in the academy have accepted: Congress is responsible for …

In Search Of A Theory For Constitutional Comparativism, Roger P. Alford

Journal Articles

Constitutional comparativism - the notion that international and foreign material should be used to interpret the U.S. Constitution - is gaining currency. Yet proponents of this practice rarely offer a firm theoretical justification for the practice. This Article contends that constitutional comparativism should be examined from the perspective of constitutional theory. The use of comparative and international material must be deemed appropriate or inappropriate based on a particular judge's interpretive mode of constitutional analysis. The Article presents four classic constitutional theories - originalism, natural law, majoritarianism, and pragmatism - and addresses the propriety of constitutional comparativism under each theory. This …

Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell

Journal Articles

Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against …

The Spiritual Values Of Wilderness, John Copeland Nagle

Journal Articles

The Wilderness Act of 1964 is the principal legal mechanism for preserving wilderness in the United States. The law now protects over 100 million acres of federal land, half of which is in Alaska. Yet the contested meaning of the term wilderness continues to affect the management of those wilderness areas, and the designation of additional lands as wilderness areas. Much current thinking about wilderness emphasizes the ecological and recreational interests that Congress cited when it enacted the law. These justifications for wilderness preservation are important, but they are incomplete. They are best supplemented by a better understanding of the …

The Effect Of Embedded Metacognitive Prompts And Probes On Students’ Awareness In A Multimedia Lesson For Elementary School Students, Wendy Janine Parcel Edd

Dissertations

In a study he called The Effect of Embedded Metacognitive Cues and Probes on Use of Learner Control Features in an On-line Lesson for Elementary Students, Watson (2001) found that minimal prompting by an online tutorial increased 5th grade students’ comprehension of how much they understood. While Watson’s findings demonstrated a significant difference in the ability of prompted and non-prompted students to accurately predict their own performance on posttests, actual scores were not greater than those of control students until the results were analyzed by gender. The purpose of this study was to replicate and extend Watson’s study to determine …

Newsnotes

Vincentian Studies

No abstract provided.

Charlotte Dacre’S Zofloya: The Gothic Demonization Of The Jew, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

The Rise And Fall Of Law And Economics: An Essay For Judge Guido Calabresi, Ugo Mattei

Maryland Law Review

No abstract provided.

Whatever Happened To Law And Economics?, Anita Bernstein

Maryland Law Review

No abstract provided.

Liability Insurance And Accident Prevention: The Evolution Of An Idea, Kenneth S. Abraham

Maryland Law Review

No abstract provided.

Happy No More: Federalism Derailed By The Court That Would Be King Of Punitive Damages, Michael L. Rustad

Maryland Law Review

No abstract provided.

Neologisms Revisited, Guido Calabresi

Maryland Law Review

No abstract provided.

Introduction Of Guido Calabresi, Oscar S. Gray

Maryland Law Review

No abstract provided.

Tributes To Professor Edward Tomlinson, Karen Rothenberg, David Bogen, Alan D. Hornstein, Gary E. Bair

Maryland Law Review

No abstract provided.

Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann

Maryland Law Review

Millemann surveys the legal remedies that convicted persons in Maryland have, focuses on the remedies provided by the Uniform Post Conviction Procedures Act, identifies several problems with the application of the Act - including the courts' overuse of the waiver provisions and failures to more fully develop and use exceptions to waiver, and argues that state courts have a special responsibility to protect the rights of prisoners given the general disengagement by federal courts.

Analogical Modeling And Morphological Change: The Case Of The Adjectival Negative Prefix In English, Don William Chapman, Royal Skousen

Faculty Publications

This article examines the usefulness of Skousen’s Analogical Modeling (AM) for explaining morphological change. In contrast to previous accounts of analogy, AM constitutes a general unified model of language that accounts for both sporadic and systematic changes. AM also provides explicit constraints on analogy that allow explanation of how morphological changes begin, which forms most likely serve as patterns for analogy, and which forms are most likely to change.

AM is then tested on the case of the adjectival negative prefix in English (in-, un-, dis-, etc.), using the Middle and Early Modern English portions of the Helsinki corpus as …

Speech Interactions With Linguistic, Cognitive, And Visuomotor Tasks, Christopher Dromey, Emily Bates

Faculty Publications

Lip movements were examined across several repetitive speaking conditions (speech alone and speaking concurrently with a linguistic, cognitive, or visuomotor challenge task) in 20 young adults. Performance in these nonspeech activities was also compared between isolated tasks and concurrent speech conditions. Linguistic challenges resulted in increased spatiotemporal variability of lip displacement across repetitions. Motor challenges led to more rapid speech with smaller lip displacement. These qualitatively different changes suggest that different aspects of attention are required for linguistic versus manual visuomotor activity. Vocal intensity increased for all concurrent task conditions compared with speech alone, suggesting increased effort compared to the …

Japan, The Ambiguous, And My Shelf, James W. Hofman Ii

Neureuther Book Collection Essay Competition

Graduate Winner: 2nd Place, 2005. 18th Annual Carl Neureuther Student Book Collection Competition.