Digital Commons Network^™

Postcoloniality And Mythologies Of Civil(Ized) Society, Tayyab Mahmud

Faculty Articles

This article argues that the discourse of viability of civil society in postcolonial polities is theoretically ungrounded, and helps to further marginalize subordinated sections of these societies. These failings result from the imprisonment of dominant social theories in Eurocentric unilinear evolutionism, an imprisonment that blinds one from the particularities of supposedly universal categories that issue from Europe's experience of modernity. Furthermore, enthusiasm for civil society ignores the truncated colonial career of modernity and the nature of the postcolonial state. In order to substantiate these propositions, the paper traces the genealogy of the concept of civil society, examines the colonial career …

Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve

Faculty Articles

The article offers a look on the Somerset's Case that served as a milestone in the campaign to abolish slavery in Great Britain. The case become famous in the Anglo-American law of slavery, with its proceedings widely circulated in periodicals. However, historians have argued about what the ruling was and its effects. It has been known in English slavery law that courts prior to the case generally agreed that English law governed status, but also limited slavery, for slaves who came to England.

Markets, Monocultures, And Malnutrition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen Gonzalez

Faculty Articles

Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities, such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under a variety of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental human right …

Linguistics As A Knowledge Domain In The Law, Janet Ainsworth

Faculty Articles

This article focuses on the use of linguistic expertise by trial courts to aid in fact-finding. It identifies many of the ways the legal system has been enriched by donations from linguistic scholarship. In addition, it discusses the underutilized-at-present use of linguistic knowledge by appellate courts as a tool for crafting and applying doctrinal rules. Whereas courts have adopted economics analysis in determining appropriate legal rules, linguistic science has been neglected. Linguistic predictions are more testable and falsifiable than economic predictions. Linguistic research can be useful—particularly in the areas of comprehensibility of texts and resolving textual ambiguity. Indeed, legislatures and …

Latinos And American Law: Landmark Supreme Court Cases, Steven W. Bender

Faculty Articles

In this review, the author advocates for a work which provides much needed attention to Latinos in the context of American Law. Specifically, the review outlines key elements of Soltero’s work, which highlights Latino Supreme Court cases.

Web-Based Learning Among Rare Pride Conservation Education Campaign Managers., Ashley Jeanne Parkinson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Factors Associated With Prolonged Prehospital Delay Of African Americans With Acute Myocardial Infarction, Angela D. Banks, Kathleen Dracup

Nursing and Health Professions Faculty Research and Publications

BACKGROUND: Delays in seeking treatment for signs and symptoms of acute myocardial infarction are longer for African Americans than for whites.

OBJECTIVE: To determine factors associated with prolonged delay and the extent to which perceived racism influences prehospital delay in African Americans with acute myocardial infarction.

METHODS: Sixty-one African Americans with acute myocardial infarction were interviewed within 1 month of hospital admission. Delay times were calculated on the basis of the interviews. Independent t tests and chi(2) tests were used to determine factors associated with prolonged delays. RESULTS: Median delay was 4.25 hours and did not differ significantly between women …

Reconsidering The Medical Expert Witness System, Yunwei Jiang

LLM Theses and Essays

The expert witness is indispensable in a medical malpractice case. However, there are three main defects in the currently existing expert witness system. One is incompetence of expert witnesses. Another is professional negligence of expert witnesses. The other is dishonesty of expert witnesses. To make the expert witness system more efficient, this article examines currently existing rules and offers some proposals regarding the three issues. For the first one, the suggestion of this article is to rely on the standards of expert qualification and admitting expert testimony. For the second one, this article distinguishes expert witnesses from lay witnesses, and …

A Comparative Study On The Trade Barriers Regulation And Foreign Trade Barriers Investigation Rules, Junrong Song

LLM Theses and Essays

The Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules are enacted in the European Union and China respectively. Both of them establish a procedure for the private sector to petition the government to challenge foreign trade barriers. Through the comparative study on the two pieces of law, this paper intends to dig out the similarities and differences between them and develop some suggestions for the improvement of them.

Bulletin 2006-2007, Seattle University School Of Law

Viewbooks

No abstract provided.

Development Of A Risk Assessment Model For Global Information Technology Outsourcing, June Wei, Brian Peach

Journal of International Technology and Information Management

Global Information Technology (IT) outsourcing has been recognized to have important potential benefits. However, researchers and practitioners also recognize potential risks involved in global IT outsourcing, which sometimes lead to undesirable consequences. This paper develops a model to assess risks in global IT outsourcing. Specifically, this paper begins by identifying global IT outsourcing risk factors by considering the national infrastructure, organizational infrastructure, and project environment. Second, a Global IT Outsourcing (GITO) engagement model for risk assessment is developed to logically link all these risk factors together. Third, one quantifiable approach based on a relative-weighted assessment model is presented to demonstrate …

State Representation Of Children's Interests, Naomi R. Cahn

GW Law Faculty Publications & Other Works

The state's claim that it can represent children's interests plays a significant role in defining the structure of families, the relationships within families, and the development of children's interests. This paper explores three different contexts involving the state and the contested nature of how the interests of minors are represented in both national and international law: first, in restricting the abortion rights of minors, the state claims to be protecting them; second, in allowing parents to decide who will act as caretaker for their children if both parents are dead, the state defers to parents' wishes; and third, in dysfunctional …

Access To And Control Over Plant Genetic Resources For Food And Agriculture In South And Southern Africa: How Many Wrongs Before A Right?, Debbie Collier

Minnesota Journal of Law, Science & Technology

No abstract provided.

Genetic Discrimination, Torben Spaak

Minnesota Journal of Law, Science & Technology

No abstract provided.

Dad Was Born A Thousand Years Ago? An Examination Of Post-Mortem Conception And Inheritance With A Focus On The Rule Against Perpetuities, Joshua Greenfield

Minnesota Journal of Law, Science & Technology

No abstract provided.

When Is A Mutual Fund Director Independent? The Unexplored Role Of Professional Relationships Under Section 2(A)(19) Of The Investment Company Act, Larry D. Barnett

DePaul Business & Commercial Law Journal

No abstract provided.

Sex In The City Of God, Diana Macalintal

School of Theology and Seminary Graduate Papers/Theses

The Church does not canonize saints; it canonizes causes, lifestyles, and attitudes. This is increasingly evident in the causes for lay people, especially married couples. Although it has made recent strides toward a more balanced theology of sexuality, the Catholic Church will not be comfortable canonizing happily married, sexually active couples until Mary is valued as a disciple and not exclusively as a virgin. Through an examination and evaluation of the explicit and implicit theology of sexuality as found in Scripture, Church teaching, and the canonization process, this paper will propose a new theology of sexuality based on a re-visioning …

Spears For Hire: The Utilization And Motivations Of Greek Mercenaries In The Archaic And Classical Ages., Stephen Kyle Tadlock

Honors Theses

Greek mercenaries were widespread in the Mediterranean in the Archaic and Classical periods. This thesis examines the mercenaries themselves and the kingdoms that employed them in order to discover both why mercenaries turned to the service and why rulers hired them. The focus is primarily on Greek hoplites serving in the kingdoms of Persia and Egypt, although other mercenaries and other employers are also considered. Most of the sources used in this study were Greek literary works in translation, although some use was made of archaeological, epigraphical and rhetorical evidence. The ancient sources used were chosen based upon previous readings …

Flannery O'Connor's Depiction Of Baptism, The Eucharist, And Marriage: The Convergence Of The Orthodox With The Unorthodox, Karen Elizabeth Brickey

Honors Theses

For my thesis 1 researched the Southern Catholic writer Flannery O’Connor by reading almost all of her fiction - all ten short stories in her collection, A Good Man is Hard to Find; all nine short stories in her later collection. Everything That Rises Must Converge; her short story, “The Partridge Festival;” and her two novels, Wise Blood and The Violent Bear It Away - eight non-fiction prose pieces, a collection of about two hundred of her letters, and eleven criticism books. I came to see that O’Connor’s strong Christian faith and her loyalty to the Catholic Church defined her …

"The Sad (Or Angry) Lament:" An Exposition Of African American Struggles With Issues Of Gender In Relationships Depicted Through Works Of Literature., Bethany Joy Conner

Honors Theses

African-American gender roles have traditionally been problematic in regards to studying the effects of traditional western nonns upon the black community. The purpose of this work is to elaborate on the particular difficulties that African-American women face when confronted with rigid social constraints in relationships (platonic, romantic, and familial). African- American fictitious literature is adept at depicting the many and varied subtleties and complexities of African-American female experiences in relationships and presents an intriguing slant to this topic. Thus, this work is mostly based upon fiction by African-American female writers who deal directly with the effects of African-American gender roles. …

Country Is…The Portrayal Of Southern Culture In Country Music, Allison Ann Worley

Honors Theses

This thesis explores the Image of the South and Its culture that Is presented to the public through country music, primarily contemporary, popular country music. The lyrics of several songs were analyzed to determine how they represent the South and its people. Songs were chosen based on their message, with a great deal of consideration being given to the popularity of each song. The thesis argues that country music presents a more positive South than most other media interpretations of the culture. That portrayal is quite complex, with often contradictory Ideas being contained within the various songs. As a whole, …

A Comparative Law Look At Pain And Suffering Awards, Stephen D. Sugarman

DePaul Law Review

No abstract provided.

Coming Down To Earth: Why Rights-Based Theories Of Tort Can And Must Address Cost-Based Proposals For Damages Reform, Benjamin C. Zipursky

DePaul Law Review

No abstract provided.

Why Do Proposals Designed To Control Variability In General Damages (Generally) Fall On Deaf Ears? (And Why This Is Too Bad), Joseph Sanders

DePaul Law Review

No abstract provided.

Two Conceptions Of Tort Damages: Fair V. Full Compensation , John C.P. Goldberg

DePaul Law Review

No abstract provided.

On Bended Knee (With Fingers Crossed), Lee Taft

DePaul Law Review

No abstract provided.

Right Of Return: Lee V. City Of Chicago And Continuing Seizure In The Property Context, Graham Miller

DePaul Law Review

No abstract provided.

Winston Churchill And Social Reform, Patrick Winston Kelso

Honors Theses

The purpose of this Senior Honors Thesis is to examine the role of Winston Churchill in regards to social reform in Twentieth Century Britain. Although many books have been written on Churchill’s life, few specifically speak to his role in domestic politics. Often times Churchill’s role as Prime Minister during World War II overshadows his lengthy parliamentary career. This study will attempt to explain the role Winston Churchill played i__ domestic politics in respect to social reform and the rise of the British welfare state. Biographies, academic journal articles, books, memoirs, speeches, archival material, as well as books by the …

China's Growing Unemployment Problems: Past, Present, And Future, Andrew Piletz

Honors Theses

China’s unemployment problem is relatively new because of the planned economy under Mao Zedong. This study shows how China’s employment has been affected by Deng’s “socialist market economy,” educational reforms in 1999, and accession to the WTO in 2001. Also, it sets out to determine the effectiveness of China’s reemployment efforts, and proposes solutions for the future. Data for this thesis was attained through three main methods. The first was through scholarly secondary sources. The second was through primary data such as government statistics. The third was through a survey I had conducted at Shandong University at Weihai among over …

Ils En Ont Parle, Mary Elizabeth Roe

Honors Theses

The Dreyfus Affair, which began in 1894. was not only a political clash. It also engulfed the social and cultural worlds of France during the nineteenth and twentieth centuries. From the highest politician to the average French citizen, people from ever}' background were aware of the Dreyfus Affair and its implications for France. This Affair divided the people of France in every way possible and impressed itself upon every walk of French life for over a decade. With the aid of modem mass media, the Affair spread to every corner of France. By causing divisions in its cultural, social, and …