Digital Commons Network^™

The Significance Of National Wildlife Refuges In The Development Of U.S. Conservation Policy, Robert L. Fischman

Articles by Maurer Faculty

A retrospective of National Wildlife Refuge System conservation shows a promising trajectory. The system has overcome persistent neglect to contribute to conservation policy. Haltingly, it has kept pace with conservation science to remain the chief American contribution to large-scale wildlife protection. Early on, it pioneered the use of habitat acquisition to protect imperiled species. More recently, it has begun to implement the cutting-edge ecological mandate to maintain biological integrity, diversity, and environmental health. Perhaps the most meaningful feature of the history of the refuge system is how closely it mirrors the development of conservation policy in the twentieth century.

This …

Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer

Articles by Maurer Faculty

In Vieth v. Jubelirer, the U.S. Supreme Court seemed poised to offer the Court's definitive position on political gerrymandering questions. Yet the Court splintered along familiar lines and failed to offer a definitive answer. This Article focuses on the plurality opinion, and particularly its conclusion that judicially manageable standards are wanting in this area. This conclusion is implausible and masks the real question at the heart of the case. The Vieth plurality is best understood by examining the Court's political and prudential concerns, as cabined by the political question doctrine. One understanding is simply that the plurality is making a …

German Legal Culture And The Globalization Of Competition Law: A Historical Perspective On The Expansion Of Private Antitrust Enforcement, Hannah Buxbaum

Articles by Maurer Faculty

One trend developing in international competition regulation is the expansion of private antitrust litigation as an enforcement mechanism. This article examines Germany's response to that trend, investigating the extent to which it has roots in the country's legal and economic history. It begins by tracing the development of German competition law post-World War II - focusing in particular on the patterns of pressure and resistance within the transatlantic relationship - and identifies the emergence of an indigenous regulatory enforcement philosophy. It then turns to two recent developments that indicate the expansion of private enforcement in ways relevant to Germany's domestic …

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Stability Of The Tranquilizer Drug Propionylpromazine Hydrochloride In Formulated Products, Thomas M. Primus, Bruce A. Kimball, Jerome Hurley, John J. Johnston, Sherm Blom, Peter J. Savarie

United States Department of Agriculture Wildlife Services: Staff Publications

An analytical method to evaluate propionylpromazine hydrochloride (PPZHCl) in tranquilizer formulations was developed using high-performance liquid chromatography (HPLC). During analysis of aged quality-control samples, a previously unreported chromatographic response was observed at a shorter retention time than PPZHCl. Further investigation of formulations stored in trap tap devices at temperatures ranging from 5 to 40 ◦C during field trials at four different locations confirmed the degradation of the active ingredient. Further investigation using HPLC/tandem mass spectrometry revealed two to five degradates, with the major degradates being oxidation products of the active ingredient, PPZHCl. As PPZHCl formulations must be stable when stored …

The Perverse Paradox Of Privacy, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

The most recent effort of the Supreme Court of the United States to define the judicially created constitutional right to privacy has demonstrated once again why that contrived right poses such a pronounced threat to constitutional self-government. In writing for the majority in Lawrence v. Texas (2003) to overrule a case of only seventeen years' standing that allowed the states to prohibit homosexual sodomy, Justice Anthony Kennedy insisted that the idea of liberty in the Constitution's due process clauses is not limited to protecting individuals form "unwarranted governmental intrusions into a dwelling or other private places" but has "transcendent dimensions" …

Attitudes Toward Race, Hierarchy And Transformation In The 19th Century, Sandra J. Peart, David M. Levy

Jepson School of Leadership Studies articles, book chapters and other publications

Using the debates between Classical political economists and their critics as our lens, this paper examines the question of whether we're the same or different. Starting with Adam Smith, Classical economics presumed that humans are the same in their capacity for language and trade ; observed differences were then explained by incentives, luck and history, and it is the "vanity of the philosopher" incorrectly to conclude otherwise. Such "analytical egalitarianism" was overthrown sometime after 1850 , when notions of race and hierarchy came to infect social analysis as a result of attacks on homogeneity by the Victorian Sages (including Thomas …

African Americans And Aboriginal Peoples: Similarities And Differences In Historical Experiences, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference brought together some of the more significant actors in the Civil Rights arena—including Gary Orfield, Julian Bond, Antonia Hernandez, Glenn Loury, William Julius Wilson, and Gerald Torres—to reflect on the dynamics of residential segregation, racial identity, institutional barriers to racial integration, inequalities in higher education, and, or …

Keynote Address: 2004 American Indian Studies Consortium Annual Conference, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

This special issue of Wicazo Sa Review continues the theme of colonization/decolonization from the previous issue and contains transcriptions of two sessions of the 2004 American Indian Studies Consortium annual conference, entitled "Who Stole Indian Studies?" at Arizona State University. The articles add to our knowledge by contributing important discussions addressing such issues as empowerment, law, research ethics, Freedmen entitlements, reproductive rights, spiritual appropriation, and identity. The Consortium transcripts provide invaluable presentations by key native scholars about the past, present, and future of American Indian studies. Dr. David Wilkins provided the keynote address for the conference.

Reginald Pecock On The Authority Of Reason, Scripture And Tradition, Stephen E. Lahey

Department of Classics and Religious Studies: Faculty Publications

Bishop Reginald Pecock (c. 1390–1461) is remembered for vernacular works formulated to combat Lollardy using reason, not the force of ecclesiastical authority. He argued that Scripture’s teachings are true not because they are in Scripture, but because they are evident to unassisted reason. While scholars have explored his arguments in ecclesiastical and historical context, little analysis exists of the scholastic background to Pecock’s conception of the relation of reason to faith. This article suggests that Pecock’s arguments are grounded in the thought of Aquinas and Scotus, and illustrates how his understanding of reason’s capabilities directs his conception of the authority …

Helping End-Users “Engineer” Dependable Web Applications, Sebastian Elbaum, Kalyan-Ram Chilakamarri, Bhuvana Gopal, Gregg Rothermel

School of Computing: Conference and Workshop Papers

End-user programmers are increasingly relying on web authoring environments to create web applications. Although often consisting primarily of web pages, such applications are increasingly going further, harnessing the content available on the web through “programs” that query other web applications for information to drive other tasks. Unfortunately, errors can be pervasive in web applications, impacting their dependability. This paper reports the results of an exploratory study of end-user web application developers, performed with the aim of exposing prevalent classes of errors. The results suggest that end-users struggle the most with the identification and manipulation of variables when structuring requests to …

Profiling Deployed Software: Strategic Probe Placement, Madeline Diep, Sebastian Elbaum, Myra B. Cohen

School of Computing: Technical Reports

Profiling deployed software provides valuable insights for quality improvement activities. The probes required for profiling, however, can cause an unacceptable performance overhead for users. In previous work we have shown that significant overhead reduction can be achieved, with limited information loss, through the distribution of probes across deployed instances. However, existing strategies for probe distribution do not account for several relevant factors: acceptable overheads may vary, the distributions to be deployed may be limited, profiled events may have different likelihoods, and the user pool composition may be unknown. This paper evaluates strategies for probe distribution while manipulating these factors through …

Calcareous Nannoplankton Response To Late Albian Oceanic Anoxic Event 1d In The Western North Atlantic, David K. Watkins, Matthew J. Cooper, Paul A. Wilson

Department of Earth and Atmospheric Sciences: Faculty Publications

Well-preserved nannofossil and stable isotope records from the mid-Cretaceous of Ocean Drilling Project Leg 171B (western North Atlantic) indicate cyclical, productivity-based variations in surface water characteristics, suggesting orbitally paced changes in upwelling intensity and the strength of deep mixing associated with oceanic anoxic event (OAE)1d. Paleontologic and isotopic evidence suggest that collapse of upper water column stratification associated with OAE1d was preceded by approximately 1 m.y. of progressively decreasing water column stability and increasing surface water fertility. Thirteen species went extinct during a short (ca. 200 k.y.) interval associated with OAE1d. Nine of these have morphological characters suggesting adaptation to …

Evolving Standards Of Evidentiary Review: Revising The Scope Of Review, William V. Dorsaneo Iii

Faculty Journal Articles and Book Chapters

Recently, the Texas Supreme Court has embraced an important recapitulation of the scope of evidentiary review in cases governed by the preponderance of the evidence standard of review. A similar approach has been applied by the court to cases controlled by the clear and convincing evidence standard of review. This article explores and explains these important developments.

Holocene Paleoecology Along The Blekinge Coast, Southeast Sweden, And Implications For Climate And Sea-Level Changes, Shi-Yong Yu, Björn E. Berglund, Per Sandgren, Sherilyn C. Fritz

Department of Earth and Atmospheric Sciences: Faculty Publications

To investigate the Holocene vegetation history and shoreline displacement along the southeastern Swedish coast, two radiocarbon dated pollen, macrofossil, and mineral magnetic sequences were studied in the western Blekinge coast: Hunnemara Lake and Smygen Bay. Both pollen records show mosaic vegetation with grasslands, heaths and woodlands prior to 11,300 cal. BP. Pinus-dominated mixed forest was initially established by 11,000 cal. BP. By 10,000 cal. BP, mixed forest with higher species diversity was fully established. Expansion of broad-leaved trees began at about 8,600 cal. BP, indicating the onset of the mid-Holocene thermal maximum in Scandinavia. Following the Ulmus decline ~5,800 …

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai

Faculty Articles

Torture as a past and present tool of interrogation in Iraq threatens to undermine the country's struggle towards democracy. In confronting the substantial task of reforming interrogation practices and their public perception, Iraqis may draw valuable lessons from the United States' experience with the constitutional regulation of the admissibility of confessions in criminal cases. After reviewing the constitutional bases relied on by the U.S. Supreme Court to exclude confessions, this Article argues that writing Miranda-like rules into the Iraqi constitution would go far in alleviating the especially coercive environment of custodial interrogation in Iraq and restoring public confidence in the …

A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino

Faculty Articles

No abstract provided.

Hospital Chaplaincy Under The Hipaa Privacy Rule: Health Care Or Just Visiting The Sick, Stacey A. Tovino

Faculty Articles

No abstract provided.

The Rule Of Capture--An Oil And Gas Perspective, Bruce M. Kramer, Owen L. Anderson

Faculty Articles

No abstract provided.

The Unconstitutionality Of Oklahoma's Statute Denying Recognition To Adoptions By Same-Sex Couples From Other States, Robert G. Spector

Faculty Articles

No abstract provided.

Illusions Of Liberty And Equality: An "Alien's" View Of Tiered Scrutiny, Ad Hoc Balancing, Governmental Power, And Judicial Imperialism, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

Polar Ordering Of Reactive Chromophores In Layer-By-Layer Nonlinear Optical Materials, Kevin Van Cott, James R. Heflin Jr., Harry Gibson, Richey M. Davis

Department of Chemical and Biomolecular Engineering: Faculty Publications

Thin films exhibiting second-order nonlinear optical (NLO) properties, as well as materials and methods for producing Such films, are provided. The films are formed by depositing, on a Substrate, alternate layers of a polyelectrolyte and a low molecular weight chromophore. The chromophore contains an electrophilic group that reacts with a previously deposited polyelectrolyte, and ionizable groups which present absorption sites for the next polyelectrolyte layer. The films find application in, for example, electro-optic modulators and frequency doubling devices.

Writing A Short Science Fiction Novel For Young Adults, Cheryl Robson

Graduate Research Papers

The purpose of this project is to write a dystopian science fiction short novel for young adults, in tum raising awareness of the genre among young people, as well as causing them to consider today's technology issues from a different viewpoint. Background research commenced on characteristics, history, and readership of science fiction. The sub genre of dystopian science fiction was reviewed through the examination of scholarly research in this particular area. After additional reading of science fiction books, the first chapter of the researcher's science fiction novel was written. Next, students in three sections of high school language arts classes …

Book Review: Gideon Yaffee, Manifest Activity: Thomas Reid’S Theory Of Action, Jennifer Mckitrick

Department of Philosophy: Faculty Publications

Gideon Yaffee’s Manifest Activity is an important contribution to both the studies of Thomas Reid’s views and action theory. Reid is known as an early advocate of an agent-causal view of free will; more recent advocates include Roderick Chisholm. Manifest Activity is a well-appreciated effort at bringing Reid’s particular version of agent-causalism and his arguments for it into the contemporary discussion. Manifest Activity should be of interest to Reid scholars, action theorists, and anyone who wants to explore a focused, critical analysis of a fascinating thinker.

Yaffee’s writing is clear and readable, yet rigorous and detailed. Yaffee’s aim in each …

Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry

Human Rights Brief

No abstract provided.

The Unocal Settlement: Implications For The Developing Law On Corporate Complicity In Human Rights Abuses, Rachel Chambers

Human Rights Brief

No abstract provided.

Iraq’S Constitutional Process: Challenges And The Road Ahead, Vanessa J. Jiménez

Human Rights Brief

No abstract provided.

Book Reviews, Gwyneth Hesser, Mark Vorkink, Mihir Mankad

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.

Alumni Profile, Emily Wann

Human Rights Brief

No abstract provided.