Digital Commons Network^™

Religious Lawyering Critique, The Aals Presentations, Bruce A. Green

Faculty Scholarship

One might think about the relationship between law practice and religion in different ways, depending on how one views either the professional norms or religious belief and observance. Some of the most recent academic literature on "religious lawyering" is premised on a highly critical view of the profession's norms and a claim that religious convictions that bear on the practice of law are incompatible with, and preferable to, aspects of the professional norms. My purpose here is to identify, and raise some questions about, both this critique and this suggestion, and to show how they are in tension with other …

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America , Catherine Powell

Faculty Scholarship

This Article challenges the culture clash view of human rights law, which posits a clash between Western countries' presumed respect for women's human rights and non-Western countries' presumed rejection of these rights on cultural and religious grounds. Since the September 11 terrorist attacks, this view has taken on new significance, in light of the perceived civilizational divide between the Western and Muslim worlds. The Article calls into question this view, by examining cultural stereotypes of women used to oppose U.S. ratification of the Convention on the Elimination of All Forms of Discrimination Against Women. My reading, therefore, is at odds …

Judicial Regulation Of Excessive Punishments Through The Eighth Amendment, Youngjae Lee

Faculty Scholarship

This article considers judicial regulation of excessive punishments through the Eighth Amendment.

Crossing The Himalayas: Exculpatory Clauses In Global Transport, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Teaching National Security Law, Scott L. Silliman

Faculty Scholarship

No abstract provided.

Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar

Faculty Scholarship

A report to the Illinois State Bar Association of a study examining the incidence, frequency, size of verdicts and other aspects of the medical malpractice system in Illinois. The study looked at statewide data where available, concentrating on Cook and DuPage counties, and Madison and St. Clair counties. The study concludes that the Illinois tort system does not appear to be the cause of the undisputed fact that doctors' liability insurance premiums showed dramatic rises.

The Confused U.S. Framework For Foreign-Bank Insolvency: An Open Research Agenda, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Rights, Performatives, And Promises In Karl Olivecrona’S Legal Theory, Martin P. Golding

Faculty Scholarship

Karl Olivecrona (1971) maintains that "right" is a "hollow word," and so also for some other legal terms. "Right," he says, "has no conceptual background." He arrives at this position after an examination of metaphysical and naturalistic accounts, including American legal realism. Some of Olivecrona's arguments will be evaluated here. His position is influenced by Hagerstrom's theory of legal language, but he argues that Hagerstrom fails to account for how such terms as "right," "duty," etc. function in legal discourse and why they are useful. A parallel approach is also found in Olivecrona's book The Problem of the Monetary Unit …

The Sutherland Report: A Missed Opportunity For Genuine Debate On Trade, Globalization, And Reforming The Wto, Joost H. B. Pauwelyn

Faculty Scholarship

In January 2005, at the 10th anniversary of the organization, the World Trade Organization (WTO) issued the long-awaited high-level panel report on The Future of the WTO. This essay explains why the so-called Sutherland Report, named after one of its authors, is likely to be regarded by history as a missed opportunity. The report was written by insiders, focuses on insider problems and offers what are essentially insider-based solutions. The essay addresses two specific foundational problems skirted in the Sutherland report: (i) the WTO's protectionist/producer bias and (ii) the question of coordination and coherence with other international organizations. It also …

Captured By Evil: The Idea Of Corruption In Law, Laura S. Underkuffler

Faculty Scholarship

Corruption is one of the most powerful words in the English language. When it comes to the treatment of corruption by law, however, corruption is a troubled concept. With increasing recognition of the costs of corruption for economic development, democratic governance, international aid programs, and other world goals, attempts to articulate what this destructive force is have led to an avalanche of theoretical writing. In the last fifteen years, corruption has been variously defined as the violation of law, a public servant's breach of public duty, an agent's betrayal of a principal's interests, the pursuit of secrecy, the denial of …

Need To Create And Express| An Intrapersonal Journey, Katrin R. Chandler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Out Under The Big Blue Sky| Creating A New Theatrical Work By Expanding On The Documentary Theatre Form, Laramie Dean Carlsen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Mouse Cytomegalovirus M33 Is Necessary And Sufficient In Virus-Induced Vascular Smooth Muscle Cell Migration, Ryan Melnychuk, Patsy Smith, Craig N. Kreklywich, Franziska Ruchti, Jennifer Totonchy, Laurel Hall, Lambert Loh, Jay A. Nelson, Susan L. Orloff, Daniel N. Streblow

Pharmacy Faculty Articles and Research

Mouse cytomegalovirus (MCMV) encodes two potential seven-transmembrane-spanning proteins with homologies to cellular chemokine receptors, M33 and M78. While these virus-encoded chemokine receptors are necessary for the in vivo pathogenesis of MCMV, the function of these proteins is unknown. Since vascular smooth muscle cell (SMC) migration is of critical importance for the development of atherosclerosis and other vascular diseases, the ability of M33 to promote SMC motility was assessed. Similar to human CMV, MCMV induced the migration of mouse aortic SMCs but not mouse fibroblasts. To demonstrate whether M33 was required for MCMV-induced SMC migration, we employed interfering-RNA technology to specifically …

Non-Directive Female-Pejorative Language (Ndfpl): The Effects Of Indirect Pejorative Language On Females' Perception And Thought, J. Leah Morris

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

An Estimation Of Distribution Algorithm Based On Linkage Discovery And Factorization, S. V. Pulavarty

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Assessing The Success Of Swift Fox Reintroductions On The Blackfeet Indian Reservation Montana, David E. Ausband

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Effects Of Sediment Pulses On Channel Morphology And Sediment Transport In A Gravel-Bed River, Daniel F. Hoffman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Neurological Complications Following Extrusion Of Sodium Hypochlorite Solution During Root Canal Treatment., R. Witton, K. Henthorn, M. Ethunandan, S. Harmer, P. A. Brennan

Peninsula Dental School

AIM: To report the presentation and management of two cases with neurological complications secondary to the extrusion of sodium hypochlorite solution into the facial soft tissues during root canal treatment. SUMMARY: The clinical features, with particular emphasis on nerve deficit following inadvertent extrusion of sodium hypochlorite, are discussed and its management highlighted. Early and aggressive treatment is advocated following such incidents in order to reduce potentially serious complications. KEY LEARNING POINTS: *Neurological sequelae can follow inadvertent hypochlorite extrusion. *Early recognition may avert a potentially more serious outcome. *Active hospital treatment including intravenous steroids and antibiotics is recommended.

Using Howard Gardner's Entry-Point Framework To Analyze A Multiple Intelligence Collaborative Unit Including A Multigenre Research Paper And Altered Books, Julia Richardson Radtke

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Nontarget Effects Of Host-Specific Biological Control Agents, Dean E. Pearson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Sedimentary Record Of Glacial Dynamics Lake Level Fluctuations And Tectonics: Late Pleistocene-Holocene Structural And Stratigraphic Analysis Of The Flathead Lake Basin And The Mission Valley Montana United States America, Michael H. Hofmann

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Physiological Ecology Of Male And Female Trees Of Austrocedrus Chilensis Along A Moisture Gradient In Patagonia Argentina, Cecilia IneìS Nunìƒez

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

For Better Or For Worse: Flathead Indian Reservation Governance And Sovereignty, Heather M. Cahoon

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Revegetating Decommissioned Roads In A Dry Douglas-Fir Forest Of The Oregon Cascades : Seeding With Non-Natives Versus Natural Recovery, Jolanta H. Glabek

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Passive Decisions And Potent Defaults, James J. Choi, David Laibson, Brigitte C. Madrian, Andrew Metrick

Faculty Publications

Default options have an enormous impact on household choices. Such effects have now been extensively documented in the literature on 401(k) plans (Madrian and Shea 2001; Choi et al. 2002b, 2004). Defaults have been shown to affect participation, savings rates, rollovers, and asset allocation. For example, Choi et al. (2004) study three firms that use automatic enrollment. When employees at these firms are automatically enrolled in their 401(k) plan, only a tiny fraction opt out, producing participation rates exceeding 85 percent regardless of tenure. But when employees at these firms were not automatically enrolled, participation rates were significantly lower, ranging …

Art Of Forgiveness, Carrie Benedict

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"We Shall Fight For The Things We Have Always Held Nearest Our Hearts": Rhetorical Strategies In The U.S. Woman Suffrage Movement, Stephanie L. Durnford

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Influences Of Landscape Structure On Snowshoe Hare Populations In Fragmented Forests, Carly Jane Walker

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Strategic Writing: Moving Beyond The Classroom Assignment, Deborah Dean

Faculty Publications

By focusing on specific strategies that they could apply to different stages of the writing process, Deborah Dean helped students acquire control over their writing in varying contexts.

I would never think of teaching a reading strategy that worked for only one text. And students do not consider predicting or summarizing to be strategies unique to a specific text, either. Why, then, do students so often look at writing strategies as practices useful for only one assignment? Why do they complete freewrites or webs after they have finished the paper? Or "mess up" a copy of a paper just to …

The Fryingpan Arkansas Project: A Political Economic And Environmental History, Brian D. Petersen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.