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2005

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Changes In Gender Ideology Among Professional Women And Men In Cuba Today, Marta Nunez Sarmiento Jan 2005

Changes In Gender Ideology Among Professional Women And Men In Cuba Today, Marta Nunez Sarmiento

Cleveland State Law Review

This presentation summarizes the reflections of what it means to be women and men in Cuba today, among a group of Havana professionals. I asked them to emphasize the influence in this process of women's employment and decision making among women, two citizen rights which have been strongly promoted in Cuba in the last forty years. I also asked them to think about the socialization processes, which took place in Cuba and which contributed to these changes. Therefore, this paper is divided into two main topics: First, changes in gender ideology among Cuban professional men and women under the influence …

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Reparations For Mexican Braceros - Lessons Learned From Japanese And African American Attempts At Redress , Ronald L. Mize Jr. Jan 2005

Reparations For Mexican Braceros - Lessons Learned From Japanese And African American Attempts At Redress , Ronald L. Mize Jr.

Cleveland State Law Review

The U.S.-Mexico Bracero Program, 1942-1964, was designed originally to be a war-time labor relief measure that brought Mexican laborers to the United States to work in the agricultural and railroad industries. Over the past six years, I have conducted field research in Colorado and California with those who were most directly impacted by the Bracero Program - the formerly contracted Mexican workers. During the summer of 2002, my research was submitted as expert testimony on behalf of Braceros in a class action lawsuit associated with the Bracero savings program. The ten percent deducted from workers' paychecks is, from my research, …

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How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossission Of Mexican Landowners In California After 1848, Kim David Chanbonpin Jan 2005

How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossission Of Mexican Landowners In California After 1848, Kim David Chanbonpin

Cleveland State Law Review

The goal of this paper is to show how the rule in Plume v. Seward and the actual practice of the Board of Land Commissioners in California at the time are not in synch. In Section II, I provide the historical background to the United States imperialist goal of Manifest Destiny. This section also gives a factual introduction to Plume and the procedure of the Board of Land Commissioners. Section III contrasts the result in Plume with the outcomes in the Board's decisions in factually similar land claims. Section IV analyzes the Guadalupe-Hidalgo Treaty Land Claims Act proposed to Congress …

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Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman Jan 2005

Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman

Cleveland State Law Review

This article is divided into five parts. The first part discusses the justification for our society's continued promotion of the institution of marriage. The second discusses why prenuptial agreements have become so widespread. The third gives an account of American courts' shift from rejecting prenuptial agreements to routinely enforcing them. The fourth presents my argument for treating as inequitable per se the enforcement of prenuptial agreements. And the fifth explores how the adoption of my view of prenuptial agreements might affect the popularity of marriage.

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Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz Jan 2005

Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz

Cleveland State Law Review

This Article examines closely a narrow range of highly factually analogous cases, in which state constitutional rights are asserted despite a clear lack of entitlement to assert any federal constitutional claim. Specifically, the cases selected are those in which private persons assert a right to conduct expressive activity, including electoral activity, in private shopping centers during hours when the properties are held open to the general public. These cases may be referred to colloquially as “the mall cases.” Selected here are only those cases that were decided after the federal question became clear. The Article first inquires into the role …

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Eastern Visions, Western Voices: A Sermon On Love In The Valley Of Law, John W. Teeter Jr. Jan 2005

Eastern Visions, Western Voices: A Sermon On Love In The Valley Of Law, John W. Teeter Jr.

Cleveland State Law Review

This is an appeal to your generation, the generation struggling to make the prolonged and stressful transition from law student to seasoned attorney. This evolution can be painfully despiriting, and I hope that my little sermon will provide ideas on how to transform a potentially grueling struggle for sustenance into a genuine labor of love. My sources stem from divergent roots, both Eastern—Buddhist with pinches of Hindu—and Western— ranging from Platonic to perhaps the moronic. I make no pretense of being an expert in any philosophical school, and I have no desire to indoctrinate others. To the contrary, I aspire …

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Repudiating Morals Legislation: Rendering The Constitutional Right To Privacy Obsolete, Sonu Bedi Jan 2005

Repudiating Morals Legislation: Rendering The Constitutional Right To Privacy Obsolete, Sonu Bedi

Cleveland State Law Review

This article is set out in three parts. Part II outlines the difficulties with the right to privacy. Part III articulates the relationship between morals legislation and privacy, demonstrating that we no longer need the latter as long as the state eschews the former. Part IV argues that the Court in Lawrence articulates a new standard of rational review where specific appeal to morality is constitutionally suspect, allowing us to reject the right to privacy

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Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog Jan 2005

Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog

Cleveland State Law Review

The immutability factor is possibly the most disputed of the four factors of the Frontiero test, a test laid out by the Supreme Court to identify suspect classifications. Doctors and scientists have spent years studying sexual orientation, attempting to find the cause of homosexuality in order to determine whether or not sexual orientation may be changed. Unfortunately, the many studies have not provided a definitive answer to the question of immutability. This Note considers many of the psychological, hormonal, and more recent genetic studies and determines what the medical and scientific evidence means for homosexuals in their pursuit for equal …

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Sovereign Immunity For Nuisance And Takings Claims In Texas After City Of Dallas V. Jennings, Eliot Shavin, Chad Baruch Jan 2005

Sovereign Immunity For Nuisance And Takings Claims In Texas After City Of Dallas V. Jennings, Eliot Shavin, Chad Baruch

SMU Law Review

No abstract provided.

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Statutory Rape In A Post Lawrence V. Texas World, Arnold H. Loewy Jan 2005

Statutory Rape In A Post Lawrence V. Texas World, Arnold H. Loewy

SMU Law Review

No abstract provided.

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Partnership - Sharing Of Profits - The United States Bankruptcy Court For The Northern District Of Texas Holds An Insurer Liable For The Bankruptcy Debt Of Its Obligor Based On Finding Of De Facto Partnership When Premiums Entitled The Insurer To Share In The Obligator's Profits, Sarah Moore Jan 2005

Partnership - Sharing Of Profits - The United States Bankruptcy Court For The Northern District Of Texas Holds An Insurer Liable For The Bankruptcy Debt Of Its Obligor Based On Finding Of De Facto Partnership When Premiums Entitled The Insurer To Share In The Obligator's Profits, Sarah Moore

SMU Law Review

No abstract provided.

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Medical Monitoring Without Physical Injury; The Least Justice Can Do For Those Industry Has Terrorized With Poisonous Products, Richard Bourne Jan 2005

Medical Monitoring Without Physical Injury; The Least Justice Can Do For Those Industry Has Terrorized With Poisonous Products, Richard Bourne

SMU Law Review

No abstract provided.

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Bankruptcy And Creditors' Rights, Roger S. Cox Jan 2005

Bankruptcy And Creditors' Rights, Roger S. Cox

SMU Law Review

No abstract provided.

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Appellate Practice And Procedure, Alan Wright, Ladawn H. Conway, Debra J. Mccomas, Kendyl Hanks Darby Jan 2005

Appellate Practice And Procedure, Alan Wright, Ladawn H. Conway, Debra J. Mccomas, Kendyl Hanks Darby

SMU Law Review

No abstract provided.

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Civil Evidence, Kelli M. Hinson, Jennifer Evans Morris, Elaine Chen Jan 2005

Civil Evidence, Kelli M. Hinson, Jennifer Evans Morris, Elaine Chen

SMU Law Review

No abstract provided.

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Conflict Of Laws, James P. George, Anna K. Teller Jan 2005

Conflict Of Laws, James P. George, Anna K. Teller

SMU Law Review

No abstract provided.

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Franchise Law, Deborah S. Coldwell, Heather Morschauser, Eli Burriss, Altresha Burchett Jan 2005

Franchise Law, Deborah S. Coldwell, Heather Morschauser, Eli Burriss, Altresha Burchett

SMU Law Review

No abstract provided.

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Corporations, Glenn D. West, Sarah E. Stasny Jan 2005

Corporations, Glenn D. West, Sarah E. Stasny

SMU Law Review

No abstract provided.

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Personal Torts, Michael W. Shore, Judy Shore Jan 2005

Personal Torts, Michael W. Shore, Judy Shore

SMU Law Review

No abstract provided.

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Wills And Trusts, Gerry W. Beyer Jan 2005

Wills And Trusts, Gerry W. Beyer

SMU Law Review

No abstract provided.

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Zoning And Land Use, Arthur J. Anderson Jan 2005

Zoning And Land Use, Arthur J. Anderson

SMU Law Review

No abstract provided.

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Proving Discriminatory Intent In Selective Prosecution Challenges - An Alternative Approach To United States V. Armstrong, Kristin E. Kruse Jan 2005

Proving Discriminatory Intent In Selective Prosecution Challenges - An Alternative Approach To United States V. Armstrong, Kristin E. Kruse

SMU Law Review

No abstract provided.

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Habitat Use By Waterfowl Wintering In Narragansett Bay, Rhode Island, Richard A. Mckinney Jan 2005

Habitat Use By Waterfowl Wintering In Narragansett Bay, Rhode Island, Richard A. Mckinney

Open Access Dissertations

Coastal areas near urban centers often provide waterfowl habitat, but little is known of the effects of human development on wintering waterfowl. We used energetic and modeling approaches to examine habitat use by wintering waterfowl along a gradient of human disturbance in an urban estuary in the northeast U.S. Using estimates of the energetic costs of thermoregulation and different behaviors, we developed a model to estimate daily energy expenditure (DEE) of wintering buffleheads (Bucephala albeola) at six sites in Narragansett Bay, RI. Bufflehead DEE ranged from 46.9-52.4 kJ/hr, and energetic costs of thermoregulation comprised as much as 28% of their …

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Identity Politics Of Disability: The Other And The Secret Self, Alice Wexler Jan 2005

Identity Politics Of Disability: The Other And The Secret Self, Alice Wexler

Journal of Social Theory in Art Education

Ambivalence with severe physical and mental abnormality runs deep in pedagogy, but it is only a reflection of an historical ambivalence in western culture. By analyzing institutionalized behaviors towards, and assumptions about, disability in art and education, I hope to speak to the theme of the journal, which is "(Un)becoming." For at least a century individuals with severe physical disabilities have been derided as freaks, while for two decades of youth counterculture, the same term denoted a rite of passage. Individuals who exhibit their disability professionally want to be called performers or entertainers, while the Mothers of Inventions' first album …

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Abu Ghraib: (Un)Becoming Photographs: How Can Art Educators Address Current Images From Visual Culture Perspectives?, Nancy Pauly Jan 2005

Abu Ghraib: (Un)Becoming Photographs: How Can Art Educators Address Current Images From Visual Culture Perspectives?, Nancy Pauly

Journal of Social Theory in Art Education

On Friday, May 7, 2004 the front page of The New York Times contained two photographs and a headline: "From Picture of Pride to Symbol of Abuse" (Dao, 2004, p.1). In the top photograph Lynndie R. England appears in 2003, smiling, standing in a relaxed family setting, and wearing a blue" Authentic USA" hooded sweatshirt with red and white lettering. Until early May that photo had been displayed in the Mineral County West Virginia Courthouse with other photographs of local soldiers stationed in Iraq.

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Visual Culture And Teenage Girls: Unraveling “Cultural” Threads Tied To “Self” And “Other”, Carrie Markello Jan 2005

Visual Culture And Teenage Girls: Unraveling “Cultural” Threads Tied To “Self” And “Other”, Carrie Markello

Journal of Social Theory in Art Education

Visual culture is prevalent in almost every aspect of our lives. We take photos with our cell phones, read magazines brimming with full color images, visit art museums, download streaming video, watch MTV, and scan street signs to find our favorite fast food restaurant. One hundred years ago, except for visiting art museums and reading magazines, these activities were nonexistent. As the twentieth century progressed, visual culture has increasingly been disseminated through new technological developments. In the sixties, Marshall McLuhan forecasted the impact of media upon our changing world. "The medium or process, of our time-electronic technology-is reshaping and restructuring …

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The Arkansas Trust Code: Good Law For Arkansas, Lynn Foster Jan 2005

The Arkansas Trust Code: Good Law For Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

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Female Judging, Theresa M. Beiner Jan 2005

Female Judging, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

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Intersexuality And The Social Construction Of Anatomical Sex, Jessica Knouse Jan 2005

Intersexuality And The Social Construction Of Anatomical Sex, Jessica Knouse

Cardozo Journal of Equal Rights & Social Justice

The article challenges the legal and societal practice of assigning individuals as exclusively male or female, arguing that this binary framework perpetuates harmful sex stereotypes and restricts individual self-determination. It advocates for the elimination of sex assignment to liberate individuals from these constraints and promote diversity.

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The Lost Glory Of Folk Medicine, Amrit Pal Singh Jan 2005

The Lost Glory Of Folk Medicine, Amrit Pal Singh

Ethnobotanical Leaflets

Folk medicine is significant source of Ayurvedic, Unani, Traditional Chinese Medicine (TCM) and Medical herbalism. Folk medicine incorporates crude medicinal herbs, decoctions and infusions and syrups. Folk medicine is still practiced by some vendors, hakims and vaids in remote areas and some folk preparations are of surprisingly high curative value. A large proportion of the population in a number of developing countries still relies on traditional practitioners, including traditional birth attendants, herbalists and bonesetters and on local medicinal plants to satisfy their primary health care needs. Vincristine and vinblastine, the potent anti cancer drugs were derived from folk plant, Vinca …

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