Digital Commons Network^™

Supranationalism And The Superpower Rubicon, Imtiaz Hussain

Human Rights & Human Welfare

A review of:

The Chapter VII Powers of the United Nations Security Council by Erika de Wet. Portland, OR: Hart Publishing, 2004. 413pp.

An American Tragedy: The Decline Of U.S. Unionism And Its Human Rights Implications, Peter Zwiebach

Human Rights & Human Welfare

A review of:

Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards by Lance Compa. Ithaca: Cornell University Press, 2004. 220pp.

Neotrusteeship In Afghanistan, Melanie Kawano

Human Rights & Human Welfare

Afghanistan is currently under the tentative rule of an international administration, or neotrusteeship, thereby restricting its national sovereignty. However, self-determination and nonintervention have never been persistent features of Afghanistan. Foreign interventions, invasions and great power showdowns on its territory have made a truly autonomous Afghan state a shortlived phenomenon. The outcome at each stage of Afghan history has been an unstable state that seems to invite even more external involvement.

Democratization In Bosnia, Melanie Kawano, Amber Goodman, Chris Saeger

Human Rights & Human Welfare

Democratization in post-conflict, post-Dayton Bosnia has been characterized by many scholars as a “noble experiment”: the West’s guinea pig for internationally initiated post-communist democratization. In a state so wearied by war and dictatorship, democracy would be expected to take root quickly and flourish. However, due to various cultural and political influences, what the Dayton Peace Agreement originally intended to quickly lead to Bosnia’s self-governance has instead resulted in the state’s crippling dependence on external actors. The articles in this section of this bibliography explore the myriad influences (primarily under the umbrella of ethnicity) on the process.

State-Building In Bosnia, Chris Saeger

Human Rights & Human Welfare

Although the idea of state-building is at least as contentious as the idea of the state itself, international technocrats and foreign policymakers remain resigned to this project. International state-building has been conceived of as maintaining intermestic social order, protecting individual rights, and consolidating transnational linkages of power. Yet whatever the motive, effect or standard form of state-building, some political organization called “the state” is a necessary condition for membership in international society, if not for protecting individual human rights.

Human Rights And Globalization: Is The Shrinking World Expanding Rights?, Zehra F. Kabasakal Arat

Human Rights & Human Welfare

A review of:

The Globalization of Human Rights. Edited by Jean-Marc Coicaud, Michael W. Doyle, and Anne-Marie Gardner. Tokyo: United Nations University Press, 2003.

and

Globalization and Human Rights. Edited by Alison Brysk. Berkely: University of California Press, 2002.

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Sri Lanka, Amanda Donahoe

Human Rights & Human Welfare

Sri Lanka has been entrenched in a civil war for two decades. As in ethnic conflicts in many other post-colonial countries, the different groups of Sri Lanka give loyalty primarily to the group, rather than to the entire country. The Sinhalese majority have slowly populated the government and treated the Tamil minority as a threat to national stability, instead of as candidates for conciliation and power sharing. Consequently, the Liberation Tigers of Tamil Eelam (LTTE) has taken up arms against the Sinhalese controlled government to fight for an independent homeland in the north and north-east parts of the country in …

Elephants And Suffering In Dusty Corners, Susanna Ferrar

Sound Scripts

The following non-refereed paper has been compiled by the editors from the audio transcript and notes provided by Susanna Ferrar for her talk delivered to the Inaugural Totally Huge New Music Festival Conference (Perth: 9 Oct. 2005). The original program note to her presentation reads: "I keep talking about this project I'm doing, visiting places where the ashes of my grandparents' children ended up, who were all born and raised in Western Australia. As I proceed, adventures seem to be befalling me. Sometimes it seems more important to hang out the washing or change the cat litter. The level of …

Using Postmodern Feminist Legal Theory To Interrupt The Reinscription Of Sex Stereotypes Through The Institution Of Marriage, Jessica Knouse

UC Law SF Journal on Gender and Justice

The institution of marriage has long been an engine of the subordination of women, the normalization of relationships and the repression of individual desires. This Article suggests that the time has come to dismantle the institution and end its deleterious impact upon society. The Article begins by defining "sex" and "sex stereotypes" and by examining, from various feminist perspectives, the influence of sex stereotypes upon individual identity creation. The Article proceeds to review the historical development of marriage, illustrating that marriage inevitably reinscribes sex stereotypes, and arguing that the institution and the stereotypes are presently so intertwined that disaggregation is …

Collecting Oral Histories For Entrepreneurship Research, Brian Mckenzie

New England Journal of Entrepreneurship

Oral history collections can offer a wealth of detailed information for entrepreneurship researchers. The stories that entrepreneurs tell provide researchers with insight into both perspective and into substantive issues of entrepreneurial behavior.

The life stories of entrepreneurs offer students of entrepreneurship insight into both the explicit and the tacit knowledge of working entrepreneurs.

Everything You Always Wanted To Know About Ipos* But Were Afraid To Ask, Joseph E. Levangie

New England Journal of Entrepreneurship

Many entrepreneurs want to reach high to the heavens to achieve unlimited success. These hardworking, often underappreciated, venturers often crave fame and fortune as they strive to create their personal business legacy. One strategic path many have wandered down is that of the Initial Public Offering (IPO), whereby shares of the company are sold to the public. The IPO has many strong attractions. Large amounts of capital can be brought into the company.The company’s stock can be used as currency to acquire other companies. Early investors realize a good ROI. Employees can perceive real value in their stock options. Customers, …

Usa -Chile: Otterbein University, Universidad San Sebastian, November 27-December 22, 2005, Carmen J. Galarce

Faculty Books

Information is provided about the country of Chile in South America for a study-travel class (Spanish 390) that went from Otterbein College in Westerville, Ohio to visit the Universidad San Sebastian in Valdivia, Chile from November 27-December 22, 2005.

A Comparison Study Between Writing On Handheld Computers And Pencil -Paper In The Elementary Classroom, Ling-Chin Ko

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to compare the difference in writing effort associated with two methods, pencil and paper and handheld computers in the third grade classroom. The methods were compared in terms of the quality of the stories written, and the length of the stories in number of words, and time on task during writing of the stories. Three hypotheses were defined to identify the effect of writing efforts associated with the two methods, two classes and the effect on the interaction between the methods and the class. All three hypotheses were analyzed with a two-way MANOVA test. …

Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams

Faculty Publications

This article describes the widespread violence, beatings and other abuse the U.S. Justice Department has found in its inspections of several state juvenile detention facilities. The article then discusses Missouri's Division of Youth Services (DYS), which is widely considered the national model of sound practices. The article concludes with recommendations for national reform.

Table Of Contents, California Western Law Review

California Western Law Review

No abstract provided.

The White House Counsel Torture Memo: The Final Product Of A Flawed System, Aaron R. Jackson

California Western Law Review

No abstract provided.

Ameritemps Inc And/Or Hartford Insurance V. Utah Labor Commission : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Utah Court of Appeals

High-Technology Industry Developments - 2005-06; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

In Passing: Arab American Poetry And The Politics Of Race, Katherine Wardi-Zonna, Anissa Janine Wardi

Ethnic Studies Review

Racial passing has a long history in America. In fact, there are manifold reasons for passing, not the least of which is to reap benefits-social, economic and legal-routinely denied to people of color. Passing is conventionally understood to be a volitional act that either situationally or permanently allows members of marginalized groups to assimilate into a privileged culture. While it could be argued that those who choose to pass are, in a sense, race traitors, betraying familial, historical and cultural ties to personhood,1 Wald provides another way of reading passing, or "crossing the line," as a "practice that emerges from …

We Both Eat Rice, But That's About It: Korean And Latino Relations In A Multi-Ethnic City, Chong-Suk Han

Ethnic Studies Review

On any given day, in any given restaurant in Koreatown, countless orders are taken, meals are served, tables are cleared, dishes are washed, and checks are paid. Down the street at a corner convenience store, shelves are stocked, beverages are placed into large refrigerators, and purchases are rung up. Even to the most casual observer, it becomes obvious that Korean workers take the orders and collect the money while Latino workers replenish the shelves, clear the tables, and wash the dishes.

The Failure Of The Broadcast Flag: Copyright Protection To Make Hollywood Happy, Lisa M. Ezra

UC Law SF Communications and Entertainment Journal

Digital online piracy of television programming is a growing problem that has the television industry, production studios, and the Motion Picture Association of America searching for a cure. The FCC's planned cure is the "broadcast flag," which requires manufacturers of television equipment to bear the burden of protecting broadcast programming from pirates. The FCC's scheme not only contains several loopholes allowing pirates to circumvent the flag technology, it also protects only a tiny fraction of digital television content, at the cost of consumers. This note explains the ineffectiveness of the "broadcast flag," and suggests an alternate scheme based around copyright …

Will Mechanicals Break The Digital Machine: Determining A Fair Mechanical Royalty Rate For Permanent Digital Phonographic Downloads, David Kostiner

UC Law SF Communications and Entertainment Journal

Digital Downloading has become an exciting distribution model that has made large amounts of music available to consumers for a fraction of the price of a compact disc. However, if the mechanical royalty rate paid to composers for the reproduction of their work remains pegged to a fixed number, fluxuations in the retail price of downloads will either reduce or increase the relative value of the payment. To avoid smaller margins, which could dissuade independent labels from making masters available online, or a disproportionately low mechanical rate, the statutory mechanical royalty should be set as a percentage of wholesale receipts, …

As A Matter Of Fact, It's A Question Of Law: A Case For De Novo Review Of Likelihood Of Confusion In Trademark Cases, Richard A. Dilgren Iii

UC Law SF Communications and Entertainment Journal

A stark circuit split mars the consistency of trademark infringement analyses within U.S. Circuit Courts of Appeal; some circuits review likelihood of confusion as a matter of fact, while others review it as a matter of law. This disparity places appellants at a disadvantage in some circuits and unnecessarily hinders the function of appellate courts by constraining their review of a substantially subjective balancing of facts. This Note concludes that although the individual factors indicating a likelihood of confusion are issues of fact, the ultimate issue of likelihood of confusion should be reviewed as a matter of law, allowing Circuit …

Female Genital Cutting Among The Somali Of Kenya And Management Of Its Complications, Guyo W. Jaldesa, Ian Askew, Carolyne Njue, Monica Wanjiru

Reproductive Health

The Somali community living in Kenya (and in their native Somalia) has practiced the severest form of female genital cutting (FGC)—infibulation—for centuries. To understand the context within which the practice takes place, and how its complications are managed, the Population Council’s Frontiers in Reproductive Health Program undertook a diagnostic study that confirmed that FGC is a deeply rooted and widely supported cultural practice. Several closely related reasons are used to sustain the practice: religious obligation, family honor, and virginity as a prerequisite for marriage; an aesthetic preference for infibulated genitalia was also mentioned. The study also found that the health …

Technical Assistance And Training For Procosi Operations Research Program, Bolivia, Fernando Gonzales Salguero, Ricardo Vernon

Reproductive Health

In September 1999, PROCOSI, a Bolivian network of 24 nongovernmental organizations that provide health services, invited the Population Council Frontiers in Reproductive Health (FRONTIERS) program to provide technical assistance for designing and conducting operations research aimed at increasing the quality and impact of their reproductive health programs. In collaboration with PROCOSI, FRONTIERS conducted four training workshops on design of operations research projects, qualitative research methods, utilization and dissemination of research results, and preparing research reports. Technical assistance on other topics, such as developing research instruments, creating databases, and using EpiInfo for transcribing and analyzing data was provided on-site to each …

Involving Men In Maternity Care: Health Service Delivery Issues, Saiqa Mullick, Busi Kunene, Monica Wanjiru

Reproductive Health

Men in South Africa have traditionally not been involved in the reproductive health care of their partners. They do not normally accompany their partners to family planning or antenatal care consultations, and are mostly absent during labour and delivery. Partner notification and treatment for sexually transmitted infections have also remained problematic due to several factors, including poor power relations between men and women, lack of knowledge and men’s interest in their partner’s reproductive health, and poor couple communication. | In 2001, the Reproductive Health Research Unit (RHRU) of Witwatersrand University, in partnership with the FRONTIERS Program of Population Council and …

Owning Persons: The Application Of Property Theory To Embryos And Fetuses, Jessica Wilen Berg

Faculty Publications

Embryos are all over the news. According to the New York Times there are currently 400,000 frozen embryos in storage. Headlines proclaim amazing advances in our understanding of embryonic stem cells. And legislation involving cloning and embryos continues to be hotly debated. Despite the media attention, theoretical analysis of embryos' legal status is lacking.

This article advances a number of novel arguments. First, recognition of property interests does not preclude the recognition of personhood interests. Embryos, fetuses and children may be both persons and property. Second, property law is conceptually more suited to resolving debates about embryos than procreative liberty, …

Being The Government Means (Almost) Never Having To Say You’Re Sorry: The Sam Sheppard Case And The Meaning Of Wrongful Imprisonment, Jonathan L. Entin

Faculty Publications

Dr. Sam Sheppard was at the center of the highest profile crime in Ohio history. As the Ohio Supreme Court put it, the case contained "[m]urder and mystery, society, sex and suspense." Sheppard's conviction was overturned by the U.S. Supreme Court in a landmark 1966 ruling, but the controversy over the case continues to the present. The final legal chapter in the story may have been written with an unsuccessful wrongful-imprisonment lawsuit brought by the Sheppard estate in April 2000.

This paper uses the long debate over the Sheppard case as a vehicle for exploring the concept of wrongful imprisonment. …

Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski

Faculty Publications

Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.