Digital Commons Network^™

Investigating Alternatives To Rights: The Hungarian Constitutional Court And The Protection Of A Minimum Level Of Assistance, Graham Reynolds

Dalhousie Journal of Legal Studies

In recent years, in the attempt to achieve “fiscal responsibility”, governments have decreased social assistance rates, reduced program eligibility, and terminated social services. As a result, more and more individuals have slipped into poverty. In order to prevent governments from cutting these services to below subsistence levels, this paper proposes that Canada take steps to achieve constitutional protection of a minimum level of assistance. The concept of a constitutionally protected minimum level of assistance has been considered. Most recently, advocates focused their efforts on achieving constitutional protection through the language of rights. However, both through the legislature and the judiciary, …

The Mirror Has Many Faces: Recognizing Gender Identity In Canadian Anti-Discrimination Law, Frank Durnford

Dalhousie Journal of Legal Studies

Owing to our failure to acknowledge the complexity and diversity of gender identity, gender and gender politics are contentious subjects in Canadian anti-discrimination law. On the one hand, Queer theorists continue to challenge the rigidity of the male/female binary, while on the other hand, Canadian law insists that identity is invariably determined by one’s biological sex. The result is a power struggle, pitting those who fit neatly into rigid male/female categories against the marginalized Other—the transgendered community. Transgendered persons have encountered many barriers in their search for equality in the law, partly owing to a lack of a proper legal …

Isram: Information Security Risk Analysis Method, Bilge Karabacak, Ibrahim Sogukpinar

All Faculty and Staff Scholarship

Continuously changing nature of technological environment has been enforcing to revise the process of information security risk analysis accordingly. A number of quantitative and qualitative risk analysis methods have been proposed by researchers and vendors. The purpose of these methods is to analyze today's information security risks properly. Some of these methods are supported by a software package. In this study, a survey based quantitative approach is proposed to analyze security risks of information technologies by taking current necessities into consideration. The new method is named as Information Security Risk Analysis Method (ISRAM). Case study has shown that ISRAM yields …

Mirabile Dictu: The Bryn Mawr College Library Newsletter 9 (2005), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

Team Physicians As Co-Employees: A Prescription That Deprives Professional Athletes Of An Adequate Remedy For Sports Medicine Malpractice, Matthew J. Mitten

Faculty Publications

No abstract provided.

Trademark Assignment “With Goodwill”: A Concept Whose Time Has Gone, Irene Calboli

Faculty Publications

Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. …

Applying Cost-Benefit To Past Decisions: Was Environmental Protection Ever A Good Idea?, Lisa Heinzerling, Frank Ackerman, Rachel Massey

Georgetown Law Faculty Publications and Other Works

In this Article, however, we do not mount a critique from outside the technique of cost-benefit analysis. Instead, we examine an argument that proponents of cost-benefit analysis have offered as a linchpin of the case for cost-benefit: that this technique is neither anti- nor pro-regulatory, but rather a neutral tool for evaluating public policy. In making this argument, these proponents have often invoked the use of cost-benefit analysis to support previous regulatory decisions (their favorite example involves the phase down of lead in gasoline, which we shall shortly discuss) as a sign that this technique can be used to support …

Fame And The Making Of Marriage In Northwest England, 1560-1640, Jennifer Mcnabb

Quidditas

Because England did not enact a comprehensive reform of its medieval marital law until Lord Hardwicke’s Act in 1753, it was possible to construct a binding marriage outside the authority of the Church of England during the Tudor and Stuart periods. Marriages created by the exchange of present-tense consent, even if they failed to follow the church’s suggested rules concerning time and place, its emphasis on clerical presence, and its stress on publicity (through three readings of the banns or the procurement of a marriage license), were considered spiritually legitimate throughout the eight decades prior to the civil wars. An …

Tax Reform In Russia: Encouraging Voluntary Compliance Through Persuasion, Camille Jackson

Sigma: Journal of Political and International Studies

No abstract provided.

Differences In Levels Of Voter Turnout Among The Mexican States, David R. Hansen, Errol L. King, Samuel H. Peterson

Sigma: Journal of Political and International Studies

No abstract provided.

The Rise Of The Spanish Silver Real, Rachel Piccolo Moisés

Sigma: Journal of Political and International Studies

No abstract provided.

Theories Of Presidential Decision Making: Wilson, Roosevelt, And The Soviet Union, Jeremy Lloyd

Sigma: Journal of Political and International Studies

No abstract provided.

Front Matter, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Articulation: Challenges And Solutions, Martha G. Abbott

Russian Language Journal

Providing students with a seamless progression of language development within the K-12 school curriculum remains a challenge for the foreign-language profession as we enter the new century. As national standards are developed for foreign-language education in the K-12 continuum and school districts throughout the country consider implementing foreign-language programs earlier in the curriculum, we have an opportunity to confront that challenge with renewed vigor.

The State Of The Art In Language Assessment: Notes For The Third Millennium, Bernard Spolsky

Russian Language Journal

In the 2000 years during which human abilities have been assessed formally, tests and examinations have grown more powerful. A century ago, critics launched a strong attack on examinations, citing their “inevitable uncertainty,” but a growing testing industry and governmental cries for “accountability” have managed a stubborn defense. More recently, appreciation of the complexity of notions such as “language proficiency” and acceptance of the resulting impossibility of finding a single measure of those notions have led testing experts to a realization that assessing language knowledge is multipart and intricate—and more likely to be served by profiles than by simple scores.

Featured Web Site: Merlot, Randal Baier

LOEX Quarterly

No abstract provided.

A Mighty Kauri Has Fallen: Hugh Winder Nibley (1910–2005), Louis Midgley

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Spectrum, 2004, Northwestern College

Spectrum literary magazine

Literary journal

Apathy In Action: Baby Boomers' Attitudes Towards Product Placements In The Mass Media, Nicole M. Schmoll

Student Work

Product placement, or the paid inclusion of branded products in to entertainment media, is a highly lucrative and popular practice. While much research has been done on the attitudes of college-aged individuals towards the practice of product placement, none had been conducted on any other populations’ attitudes towards product placements in media besides television and motion pictures. The current quantitatively-focused study employed a 23-question survey instrument to examine a baby boomer enumeration’s attitudes towards product placements in film, television, music videos, video games and internet web sites. Chi-square analysis, tests of correlation, ANOVA and simple means comparison were used to …

European Conference, Cynhadledd Ceiliog Y Rhos = 3rd International Black Grouse Conference (Llys Fasi Agricultural College, Ruthin, North Wales: March 20-25, 2005): Conference Review

Galliformes Specialist Group and Affiliated Societies: Conference Proceedings

The Countryside Council for Wales: The 2005 Black Grouse Conference, Roger Lovegrove

Spatially explicit modelling of black grouse (Tetrao tetrix L.) habitat quality evolution induced by green alder (Alnus alnobetula (Ehrh.) C. Koch) expansion on abandoned meadows in the northern French Alps, Samuel Decout, Philippe Delcros, and Jean-Jacques Brun

Factors affecting black grouse numbers: An overview of the part of predators [Short note], M. Loneux, Karl-Heinz Kolb, J.-C. Ruwet, and P. Poncin

Modelling the influence of climate on black grouse population dynamics in Lüneburger Heide (North Germany), Michèle Loneux, Manfred Lütkepohl, Jann Wübbenhorst, and James K. Lindsey

Modelling …

Evolution Of A Late Cenozoic Supradetachment Basin Above A Flat-On-Flat Detachment With A Folded Lateral Ramp, Se Idaho, A. N. Steely, Susanne U. Janecke, S. P. Long, S. C. Carney, R. Q. Oaks Jr., V. E. Langenheim, P. K. Link

Geosciences Faculty Publications

Uplift and exposure of the Bannock detachment system and the synextensional basin fill deposits of the Salt Lake Formation provide a unique exposure of the three-dimensional geometries of a low-angle normal fault system and the stratal architecture of the overlying supradetachment basin. Within this system, structural and stratigraphic analyses, outcrop patterns, tephra geochronology, and geological cross sections document several important relationships: (1) the Bannock detachment system developed above the Sevierage Cache-Pocatello culmination and resembles the Sevier Desert detachment in its geometry, structural setting, and kinematic evolution; (2) the Bannock detachment system initiated and slipped at low angles; (3) flat-on-flat, ramp-flat, …

Silicose, Silice Et Cancer Du Poumon : Méta-Analyse De La Littérature Médicale, Yves Lacasse, Sylvie Martin, Marc Desmeules

États de la question, rapports d’expertise et revues de littérature

Problématique de santé et sécurité du travail et objectifs spécifiques :

La silicose est une maladie pulmonaire causée par l’exposition à la poussière de silice. Il s’agit d’une maladie se caractérisant par la destruction du tissu du poumon qui peut continuer d’évoluer même si le travailleur est retiré du travail et si l’exposition à la silice cesse. Les secteurs de l’activité ouvrière les plus souvent concernés comprennent les mines et carrières, les fonderies ainsi que l’utilisation du jet de sable. La maladie est le plus souvent décelée chez les travailleurs ‚gés d’environ une soixantaine d’années, après plusieurs décennies d’exposition aux …

A Brief Survey Of Deconstruction, Pierre Schlag

Publications

No abstract provided.

The Corporation As Insider Trader, Mark J. Loewenstein, William K.S. Wang

Publications

With regard to issuer purchases, some of the traditional policy rationales against insider trading do not apply or apply with less force. Nevertheless, courts, commentators, and the SEC have all stated or assumed that a public corporation violates rule 10b-5 by buying its own shares in the market based on material, nonpublic information. In rule 10b-5 cases involving face-to-face transactions, several circuit courts have ruled that the company may not purchase its own stock based on material information not known to the seller. No good reason exists not to apply these precedents to stock market trades by issuers, especially because …

Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet

Publications

This Article combines contractarian economics and traditional ethical theory to argue for a radical revision of the legal profession's codes of ethics. That revision would end the legal profession as we know it-one profession, regulated by one set of ethical rules that apply to all lawyers regardless of circumstance. It would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This "contract model" of legal ethics, in which lawyers could opt in and out of various ethical constraints, …

Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss

Publications

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …

Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter

Publications

As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …

A Response To Professor Bix, Robert F. Nagel

Publications

No abstract provided.

Does An Individual Lacking Contractual Privity Have Standing Under § 1981 To Bring A Claim For Racial Discrimination?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

What Is The Scope Of The Federal Tort Claims Act's Wavier Of Sovereign Immunity?, Ralph Anzivino

Faculty Publications

No abstract provided.