Digital Commons Network^™

The Great Divide: Citizenship And Statelessness, Kristy Belton

Electronic Theses and Dissertations

This thesis investigates the implications of State control of citizenship upon the individual's ability to choose membership in a given State polity. It briefly examines how States gained absolute control over the granting, denying and revoking of citizenship and demonstrates how the acquisition of citizenship and statelessness are both State-determined statuses. The repercussions of statelessness at the individual, regional and global levels are presented to demonstrate the severity of being unable to choose a citizenship. Efforts made by States and the international community to prevent and reduce statelessness are examined in order to illustrate the lack of prioritization given to …

In Search Of The American Dream: An Examination Of Undocumented Students, In-State Tuition, And The Dream Act, Kathleen A. Connolly

Catholic University Law Review

No abstract provided.

Eos Spheres, Vol. 4, Issue 2 (Spring 2005), University Of New Hampshire. Institute For The Study Of Earth, Oceans And Space

EOS Spheres

Newsletter of the Institute for the Study of Earth, Oceans, and Space, at the University of New Hampshire.

A Perspective On Multicultural Education, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

Defining Judicial Inactivism: Models Of Adjudication And The Duty To Decide, Chad M. Oldfather

Faculty Publications

Debates over the proper function of courts tend to focus on delineating the outer limits of judicial authority. One of the primary concerns in these debates is the phenomenon often described as judicial activism. Although there is no fixed notion of precisely what constitutes judicial activism, the core idea is a concern about judges overstepping the bounds of their role, and somehow or other doing more than is proper.

What might be characterized as judicial inactivism, in contrast, has generally been overlooked. This is somewhat curious. Underlying concern about judicial inactivism is a recognition of the possibility that judges might …

A Behavioral Critique Of Command-And-Control Environmental Regulation, Molly Walker Wilson

Fordham Environmental Law Review

No abstract provided.

Federalism And The Politics Of Sentencing, Rachel E. Barkow

Faculty Articles

The politics of sentencing over the past three decades have been one- sided. Voices in favor of tougher sentences dominate the legislative debate at the state and federal levels. Those advocating on behalf of sentencing reform or alternatives to incarceration garner little attention. Although there are various options for improving deliberation in light of this political imbalance, one mechanism appears to be having an impact in many jurisdictions: a focus on the direct costs of incarceration. There is evidence from the states that tight budgets and a corresponding concern with the rising costs of existing incarceration policies have prompted greater …

Community Partnerships For Older Adults: A Case Study, Elise J. Bolda Phd, Jane I. Lowe, George L. Maddox, Beverly S. Patnaik

Faculty Publications

Over the past several decades, federal policy has made states and communities increasingly more responsible for providing long-term care for older adults. The Community Partnerships for Older Adults, a national program of The Robert Wood Johnson Foundation, saw this as an opportunity to explore new, sustainable ways to meet current and future needs for community-based long-term care. This initiative focuses on collaborative organizational partnerships, a distinctive philosophy of teaching and learning through the exchange of experience between communities, and program learning focusing on known factors promoting organizational sustainability. Using principles that emphasize the development of social capital and collective efficacy, …

Book Review: Predators, Pedophiles, Rapists, And Other Sex Offenders By Anna Salter, Wendy A. Walsh

Sociology

No abstract provided.

The Dynamics Of Global E-Commerce: An Organizational Ecology Perspective, Rajshekhar G. Javalgi, Robert F. Scherer

Marketing

Purpose - A classical model of organizational ecology dynamics which is utilized to characterize an ecosystem called the internet is proposed and a parallel is drawn between the population ecology model and the current global e-commerce environment.

Design/methodology/approach - Survivorship theory is applied to global e-commerce. The Verhulst-Pearl logistic equation can be used to describe the inhibition of growth within an ecosystem. The approach is to apply the Verhulst-Pearl logistic equation to describe international growth dynamics of the internet.

Findings - When applying the Verhulst-Pearl equation to the internet environment around the world, the number of domain names or host …

2005 Vol. 14 No. 2, Cleveland-Marshall College Of Law

Law Notes

No abstract provided.

The Spider, The Bee, The Snail And The Camel: Legal Knowledge, Practise, Culture, Institutions And Power In A Changing World, Harry W. Arthurs

Comparative Research in Law & Political Economy

This keynote address, delivered on the occasion of the 5th Canadian Graduate Law Students Conference, held in Toronto on May 6.7, 2005, addresses the challenges for legal theory, legal practice and education in a globalized environment. Legal education is described as deeply embedded in the changing political economy of legal scholarship and legal practice. With increased subjection of law schools to allegedly clearly definable market demands, strong winds blow through the law schools in North-America and elsewhere. From the LL.B./J.D. program through graduate studies, curricular reform becomes enmeshed in larger considerations of greater inter-school competition and greater compatibility to the …

Biometric Technology: The Impact On Privacy, Darcie Sherman

Comparative Research in Law & Political Economy

The introduction of biometric technology has resulted in a significant shift, which defies tradition and some of the very values that we cherish as a society. Additionally, there have been numerous recent developments, which have facilitated a fundamental global re-assessment of the safety and security needs of our communities. Other challenges, like the delivery of government-granted social services, have resulted in governments looking for ways to ensure entitlement prior to the provision of finite resources to individuals. As technology is increasing in sophistication, it is being deployed in novel and creative ways to meet some of these new demands. However, …

Research Involving Children: Regulations, Review Board, And Reform, Rupali Gandhi

Journal of Health Care Law and Policy

No abstract provided.

Violation Of Latino Civil Rights Resulting From Ins And Local Police's Use Of Race, Culture And Class Profiling: The Case Of The Chandler Roundup In Arizona, Mary Romero, Marwah Serag

Cleveland State Law Review

The case of the Chandler Roundup provides a unique window into law enforcement practices including the planning, staging and procedures employed in removing undocumented immigrants from a specific urban space. We begin with an overview of the Chandler Roundup and community protests resulting from the five-day immigration raid. This section provides a general outline of the five day raid, including incidents leading up to the joint operation, official investigations conducted and lawsuits filed. The basis of the lawsuits filed was that "individuals were stopped and interrogated by the Chandler Police Department based exclusively on the fact that their physical characteristics …

Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro A. Malavet

Cleveland State Law Review

In this closing for the LatCrit VIII symposium, I adopt a collective view of the articles, and attempt to develop how the themes discussed in them fit within LatCrit scholarship. I will then interrogate the future of our enterprise by discussing the danger of succumbing to the seduction of the real or perceived need "to reinvent the wheel," or at least to clothe ideas in overly-developed language. Last, the Conclusion discusses how LatCrit scholarship is both promoted and challenged by the articles published here. I further include some suggested institutional responses to the opportunities for mentoring and nurturing that I …

Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes

Cleveland State Law Review

This note contends that Ohio should join the modern trend and allow expert testimony on the battered woman syndrome in a limited form in domestic violence prosecutions. Part II of this note explores the syndrome and its origins. Part III provides background on the evidentiary uses of the syndrome in Ohio. It discusses the emergence of the battered woman syndrome in Ohio courts, and then examines the unsuccessful initial attempts by prosecutors in Ohio to use expert testimony on the syndrome.Part IV looks at how several jurisdictions outside of Ohio have addressed this issue. Part V presents the argument that …

2005 Commencement Program, Morehead State University. Registrar's Office.

Morehead State Commencement Programs

2005 commencement programs of Morehead State University.

Differentiating Types Of Domestic Violence: Implications For Child Custody, Nancy Ver Steegh

Faculty Scholarship

This article examines child custody determinations through the lens of a domestic violence typology. The resulting analysis (1) reconciles competing viewpoints and contradictory evidence about domestic violence; (2) matches families with appropriate child custody court procedures and services such as parent education, mediation, supervised visitation and parent coordination; and (3) exposes serious deficiencies in current domestic violence childcustody statutes.

The Real Versus The Possible: Closing The Gaps In Engagement And Learning, Judith A. Ramaley, Lee Zia

Public Administration Faculty Publications and Presentations

No abstract provided.

Preparing The Way For Reform In Higher Education: Drawing Upon The Resources Of The Community-At-Large, Judith A. Ramaley

Public Administration Faculty Publications and Presentations

Higher education is being asked to pay more attention to student learning and to contribute to the enhancement of the social and economic conditions of the community it serves. As a result, educational institutions will no longer be self-contained. Community members and organizations have become not only critical partners in framing the goals and intentions of the educational reform movement, but they also have assets that must be tapped by educational institutions that wish to implement change and respond to social needs.

Criminal Justice And The 2003-2004 United States Supreme Court Term, Christopher E. Smith, Michael Mccall, Madhavi Mccall

New Mexico Law Review

No abstract provided.

Enforcement And Compliance In The Northeast Groundfish Fishery: Perceptions Of Procedural Justice In Fishery Management, The Effects Of Regulatory Methods, And Prospects For Compliance, Reena L. Shaw

Open Access Dissertations

High levels of regulatory compliance are essential to the success of environmental and natural resource management. The physical presence of enforcement agents and threat of penalties for noncompliance were once thought to be the only factors capable of achieving acceptable compliance levels. Enforcement of environmental regulations often constitute the greatest cost of the management program for which monitoring and enforcement of rules governing how the natural resource is used is primal to insuring the resource is not over used and depleted in quantity, quality, or both. Additional factors concerning regulatory legitimacy and the legitimacy of the governing authority implementing the …

From International Law To Law And Globalization, Paul Schiff Berman

GW Law Faculty Publications & Other Works

International law's traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important - though sometimes inchoate - processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that "international law" is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …

From Pluralism To Individualism: Berle And Means And 20th-Century American Legal Thought, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

This article is an intellectual history of Adolf A. Berle, Jr. and Gardiner C. Means, The Modern Corporation and Private Property (1932). I argue that Berle and Means's concern was not the separation of ownership from control in large pubic corporations, as many scholars have suggested, but rather the allocation of power between the state and a wide range of institutions. As I demonstrate, Berle and Means shared a legal pluralist vision of the modern state. Legal pluralism treated organizations as centers of power that had to be accommodated within the political and legal structure. Berle and Means viewed collective …

The Labor Movement Needs A Twenty-First Century Committee For Industrial Organization, Charles B. Craver

GW Law Faculty Publications & Other Works

Following the enactment of the NLRA in 1935, American Federation of Labor craft unions had difficulty organizing persons employed in manufacturing industries since most failed to fit within the jurisdictions of particular unions. The AFL formed the Committee for Industrial Organization to determine how best to organize these workers, and this Committee ultimately withdrew from the AFL and formed the Congress of Industrial Organizations. The CIO unions quickly organized the industrial workers in the steel, automobile, electrical manufacturing, and rubber industries. By the late 1950s, 35 percent of private sector employees were union members. As the United States economy began …

Law And Accounting: Cases And Materials, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Accounting textbooks for law or business schools invariably provide secondary narrative presentations of materials in the authors' own words. A better approach to learning this subject is to present thematically arranged original accounting pronouncements. The design this innovative book, helps readers appreciate how accounting is a tool that provides conceptual organization to economic exchange. The tool facilitates analyzing legal, business and public policy aspects of the transactions that accounting addresses. The original accounting standards, as well as SEC enforcement actions, presented in this book illuminate why transactions are pursued and related decisions made, economic aspects of transactions, and the conceptual …

The Current Generation Of Constitutional Law, David Fontana

GW Law Faculty Publications & Other Works

In this piece reviewing Mark Tushnet's "The New Constitutional Order," David Fontana argues that Tushnet's admirably comprehensive book faces some of the same problems that many other pieces of popular constitutionalism scholarship do: He discusses the Constitution outside of the courts without examining the actual behavior of the Constitution outside of the courts. As it turns out, Tushnet is mostly right that there has not been a major constitutional revolution in the past generation. Still, by understudying the behavior of institutions besides courts, the book does not focus enough on the extent to which the entire political dynamic has moved …

The New York Bar And Reform Of The Elected Judiciary After The Civil War, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This paper deals with the history of America's other peculiar institution: the elected judiciary. Elected judges are found virtually nowhere else in the world, but in America they are a fact of life in the considerable majority of states. The history of the elected judiciary is surprisingly little explored. This paper examines the post-Civil War trend away from Jacksonian populism and toward a more aristocratic view of the judiciary as a body set apart from the people. After the Civil War, many states, including New York, lengthened terms of office for their elected judges; some states even switched back to …

Norms And Enforcement: The Case Against Copyright Litigation, Ben Depoorter, Sven Vanneste

Faculty Scholarship

No abstract provided.