Digital Commons Network^™

A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy

Publications

In this article Professor Guruswamy advances an argument for new energy agreements that address the immense global environmental challenge presented by the increasing global energy demands of both the developed and developing world. Arguing that new energy accords are needed to meet this challenge, he identifies and describes the decidedly interdisciplinary knowledge base and analytics required to negotiate such international instruments. The construction of these knowledge bases call for scientific, engineering, technological, legal, social, economic and behavioral expertise. Professor Guruswamy identifies pragmatic steps--including a targeted research agenda--that will contribute to such an undertaking and begin the arduous process of addressing …

Sustainable Energy: A Preliminary Framework, Lakshman Guruswamy

Publications

No abstract provided.

City Of Sherrill V. Oneida Indian Nation Of New York: A Regretful Postscript To The Taxation Chapter In Cohen's Handbook Of Federal Indian Law, Sarah Krakoff

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 …

Capitalism, Social Marginality, And The Rule Of Law's Uncertain Fate In Modern Society, Ahmed A. White

Publications

The rule of law is liberalism's key juridical aspiration. Yet its norms, centered on the principles of legality and legal generality, are being compromised all over the political and legal landscape. For decades, the dominant explanation of this worrying condition has focused mainly on the rise of the welfare state and its apparent incompatibility with the rule of law. But this approach, though shared by a politically diverse range of scholars, is outdated and misconceives the problem. A central function of the modem state has always been to prevent capitalism's inherent tendencies toward social marginalization from devolving into general social …

Rewriting The Telecom Act: An Introduction, Philip J. Weiser

Publications

No abstract provided.

Policing The Spectrum Commons, Philip J. Weiser, Dale N. Hatfield

Publications

One of the most contested questions in spectrum policy is whether bands of spectrum left as unlicensed will fall victim to the tragedy of the commons. Advocates of increased unlicensed spectrum often downplay what enforcement measures are necessary to minimize interference and to prevent the tragedy of the commons problem. Even imposing spectrum etiquette requirements in addition to the FCC's equipment certification program will fail to address this concern effectively, as the development of such measures - e.g., the requirement that devices listen before they talk - does not ensure that they will be followed. Indeed, if there are incentives …

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

Publications

In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …

International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman

Publications

No abstract provided.

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 …

Energy, Environment & Sustainable Development, Lakshman D. Guruswamy

Publications

No abstract provided.

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.

Guide To Growing Summer Grain & Forages In The South Coast Region, Western Australia, Andrea Hills, Sally-Anne Penny

Agriculture reports

Growing summer grain and forages in the south coast region of Western Australia. Information is included for sorghum, millet family, sunflowers, and safflower.

Isotopic Tracers As Evidence Of Denitrification In The Karlsruhe Aquifer, Eben J. Spencer

Theses and Dissertations

The Karlsruhe Aquifer of north-central North Dakota has experienced considerable nitrate contamination sparking an investigation by the North Dakota State Water Commission. Certain portions of the aquifer have experienced nitrate-N concentrations of up to seven times the drinking water standard. Although contamination is evident it is possible the NO₃¯ is naturally being eliminated by denitrification, whereby bacteria reduce NO₃¯ to nitrogen gas. Evidence of denitrification may be illustrated by accelerated reduction of NO₃¯ relative to the conservative tracer Cl¯ coupled with an increase in the heavy isotopes of 15N and 18O within the NO₃¯ ion. Such an increase is not …

Revenue Sharing In North Dakota, Jerome A. Tate

Theses and Dissertations

No abstract provided.

Nontraditional Student Needs : A Study Of The Perceived Needs Of The Nontraditional Student Population In The Und Apartment Housing Community, Malia Young

Theses and Dissertations

No abstract provided.

Actor And Partner Effects Among Marital Dyads In Retirement Adjustment And Well-Being, Julie Guenette Howard

Dissertations and Theses

Our understanding of and interest in how retirement impacts the lives of individuals have grown over the past 20 years. Studies to date have ranged from small, convenience samples composed primarily of men to large, national longitudinal samples of men and women from different professional and socioeconomic backgrounds. There is consensus in the literature that older adults generally function better with a partner; however, gaps remain. We know little about the impact of retirement beyond the individual, although research in other areas on couples has produced evidence of crossover and contagion effects relative to depression and other outcomes, including absenteeism, …

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.

Groundwater Study Of The Boddington Townsite, Gregory Paul Raper

Resource management technical reports

A study of the groundwater beneath the Boddington townsite was carried out in April 2002. The aim was to assess the salinity risk to the townsite infrastructure and to accelerate the implementation of effective salinity management for the town. The study consisted of field reconnaissance, a drilling program, expansion of a groundwater-monitoring network installed in March 2001, and groundwater monitoring.

An Inventory Of Rangelands In Part Of The Broome Shire, Western Australia, W E. Cotching

Technical Bulletins

The inventory of rangelands in part of the Broome Shire in Western Australia was undertaken by DAFWA between 1989 and 1990. It describes and maps the natural resources of the region’s pastoral leasehold land. This survey report provides a baseline record of the existence and condition of the natural area’s resources, to assist with the planning and implementation of land management practices. The report identified and described the condition of soils, landforms, vegetation, habitat, ecosystems, and declared plants and animals. It also assessed the impact of pastoralism and made land management recommendations. The survey of part of the Broome Shire …

Managing Grey Clays : To Maximise Production And Sustainability, Greg Hamilton, Peter Fisher, Matt Baimbridge, Jennifer Bignell, Jessica Sheppard, Rod Bowey

Bulletins 4000 -

This bulletin discusses the identification, understanding and management of grey clay soils in the south-west of Western Australia.

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.