Digital Commons Network^™

The Public-Private Security Partnership: Counterterrorism Considerations For Employers In A Post-9/11 World, Andrew P. Morriss

Faculty Scholarship

This Article examines the range of issues employers confront as a result of the federal government's reliance on private sector efforts as part of the war on terror. These include statutes protecting employees' positions while they serve on active duty, private activities by employees related to security concerns (e.g., the Arizona Minutemen, employees carrying concealed weapons), and employee involvement with charities and other organizations labeled as terror-connected. The Article also discusses the role of private security forces hired by employers and policy issues surrounding their cooperation with public security forces.

Student Quality As Measured By Lsat Scores: Migration Patterns In The U.S. News Rankings Era, William D. Henderson, Andrew P. Morriss

Faculty Scholarship

This study examines the change in entering-class median LSATscore, a key input into the U.S. News & World Report ("U.S. News') rankings, between 1993 and 2004. Using multivariate regression analysis, the authors model several factors that can influence the direction and magnitude of this change. The study presents six specific findings: (1) the marketfor high Law SchoolAdmission Test (LSAT) scores is divided into two segments that operate under different rules; (2) initial starting position is a strong predictor of the future gain or loss in LSATscores; (3) the allure of the high-end corporate law firms appears to cause a signficant …

Sustainability Reporting At Higher Education Institutions, Robert Heilmayr

CMC Senior Theses

Multiple declarations, governmental and non-profit organizations and universities have issued a call for proper reporting of social and environmental impacts and initiatives within academia. Such reporting can increase awareness of environmental and social impacts, encourage development of sustainable policy and build a campus culture more committed to sustainability. Sustainability reporting at Higher Education Institutions (HEIs) has the added benefit of being a powerful teaching aid. This paper follows multiple lines of inquiry in order to determine whether HEIs are taking advantage of the opportunities afforded by sustainability reporting. The analysis evaluates the history of sustainability reporting at HEIs and compares …

Victorians And The Underground, Melissa Mcdaniel

Theses and Dissertations

The Victorian Age created a revolution in technology that defined the age and has fostered its social ideologies. In every civilization, the technologies of the time reflect the social issues of the culture. For instance, the development of the printing press in the fifteenth-century revealed desires for higher literacy rates; the invention of the cotton gin incited the social injustices of American slavery; the progress of the Internet embodies this century's attachment to fast-food, fast-money, and fast-information. Likewise, in the Victorian Age, the invention of underground tunnels exposed some important social issues which developed in the period. Just as the …

Complying With The Help America Vote Act (Hava): Variations Among The States, Daniel Palazzolo, Sarah F. Liebschutz

Political Science Faculty Publications

Our focus is on both the causes for the variations in state compliance with HAVA and the consequences of HAVA requirements for election administration, with particular emphasis on the experiences of New Jersey, New York, and Pennsylvania in implementing HAVA. We identify administrative, political, and policy-related reasons for variations in HAVA compliance in each state. We also consider the effects of HAVA on state and local government interactions, funding decisions, and policy innovation. We begin by reviewing HAVA compliance requirements, describing how states responded to those requirements, and comparing New Jersey, New York, and Pennsylvania with the national norms for …

No Quick Fix: Foreign Aid And State Performance In Yemen, Sheila Carapico

Political Science Faculty Publications

few of the world's poorest countries better exemplify American interests in government performance than Yemen. Long overshadowed by its oilrich Persian Gulf neighbors, Yemen gained attention as both an occasional target and a natural haven for militant regional paramilitary groups (including but not limited to al Qaeda). Headlines were made at a time when development analysts were already worried about ecological and economic stresses exacerbated by the strains of structural adjustment and critical water scarcity. In view of these circumstances, analysts began wondering if Yemen is an example of the combustible mix of poor governance and economic stagnation that could …

The Origins Of And Economic Momentum Behind "Pay For Performance" Reimbursement, Rick Mayes

Political Science Faculty Publications

"Pay for performance," a reimbursement method under which some physicians and hospitals are paid more than others for the same services because they have been deemed to deliver better quality care and their patients appear to have better outcomes, is enormously controversial. Disputes invariably arise over how "quality" should (or even can) be measured. Nevertheless, differentiating between medical providers, financially, lies at the heart of this new reimbursement innovation developed by insurance companies and employers. Its two main objectives are: (1) to increase the overall quality of health care that patients receive, and (2) to encourage behavioral change on the …

Hiv/Aids In Africa, Sandra F. Joireman

Political Science Faculty Publications

The response of the United States to the HIV/AIDS pandemic in Africa is an example of the redefined nature of security threats that characterizes the post-September 11 period. Even the most ardent realists now accept that serious threats exist to US security apart from those brewing in organized states. Scholars and governments have been forced to adopt a greater sensitivity to the issues that underlie international violence and terrorism, such as a lack of political freedom, state failure, poverty, and HIV/AIDS, the topic addressed in this chapter as an indirect threat to US security interests in Africa.¹

Utilitarianism And Beyond: Contemporary Analytical Political Theory, David Miller, Richard Dagger

Political Science Faculty Publications

In this chapter we sketch a body of political thought that became predominant in the second half of the twentieth century among academic political philosophers, primarily in the English-speaking world, but increasingly elsewhere, too. To call this type of political thought ‘analytical’ may not be particularly revealing, but no other term better describes the movement in question. Sometimes ‘liberal political theory’ is used, and there is indeed a close connection between analytical theory and liberalism. But that label is in one way too broad and in another too narrow for this kind of political thinking: too broad because liberalism has …

Aquaculture Law And Policy In Canada And The Duty To Consult With Aboriginal Peoples, Richard Devlin, Ronalda Murphy

Articles, Book Chapters, & Popular Press

In November 2003, a Mi’kmaq elder from the community of Eskasoni launched a court action seeking to stop seismic testing in the waters off Cape Breton. He claimed that the government of Nova Scotia had failed to consult with his First Nation before issuing an approval to allow the testing by Corridor Resources, as part of its oil and gas exploration program.1 Aboriginal communities throughout Canada assert they must be consulted before governments or corporations make decisions that could impair the constitutional rights of Aboriginal peoples. Invocation of the duty to consult as an independent source of legal entitlement is …

Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh

Articles, Book Chapters, & Popular Press

Genetic research involving indigenous populations provokes many legal, ethical and cultural issues. Arguably, of these issues, two dominate the literature. The first is whether human genetic materials are or ought to be patentable, which is often argued against on the basis that such patents offend human dignity generally and are culturally offensive to many indigenous peoples. The second is whether researchers must obtain informed consent from representatives of indigenous groups as a whole before attempting to obtain consent for participation from individual members of that group. I argue that there is limited benefit in continuing to debate the patentability of …

Assessing Human Trafficking In Canada Flawed Strategies And The Rhetoric Of Human Rights, Constance Macintosh

Articles, Book Chapters, & Popular Press

This paper will present the argument that Canada’s rhetoric of protecting the human rights of trafficking victims is at odds with its practice. Trafficking victims are treated essentially the same as any other irregular migrant, and the specter of trafficking is invoked to justify acts which arguably violate Canada’s international human rights obligations. This paper will offer an overview of what little information is available regarding the extent of trafficking in Canada, and then will conduct a close examination of the Canadian approach to trafficking and its victims. In addition to considering the logic and consequences of the Canadian strategy …

The Taxation Of Aquaculture In Canada: A Comparison With The Taxation Of Agriculture And Its Policy Implications, Faye Woodman

Articles, Book Chapters, & Popular Press

In Canada, at both the federal and the provincial government levels, the tax rules applicable to agricultural producers under the Income Tax Act and other taxing statutes often apply with relatively few modifications to the aquaculture sector. The agriculture rules differ in significant aspects from those applied to other taxpayers. They also tend to be more generous. Thus, the aquaculture sector operates under regimes of taxation in Canada that may be characterized as preferential, but may also have been developed with the needs and circumstances of agriculture, not aquaculture, in mind. This chapter will examine the rationales underlying the various …

Problematic Principles: The Cma On Public/Private Health Care, Jocelyn Downie, Nuala Kenny, Chantelle Rajotte

Articles, Book Chapters, & Popular Press

In June 2006, the Canadian Medical Association [CMA] published a discussion paper, "It's about access! Informing the debate on public and private health care," to evaluate how best to manage the public and private health care sectors in order to improve access to high-quality health care. The report comes at a critical time for the health care system in Canada, with the talk of renewal and reform at the forefront of public discussion. In their report, the CMA "identified 10 first-order policy principles that should guide any policy and decision-making related to the public-private interface." The CMA's use of these …

Climate Change And The Use Of The Dispute Settlement Regime Of The Law Of The Sea Convention, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process …

A Principled Approach To Property Rights In Canadian Aquaculture, Phillip Saunders, Richard Finn

Articles, Book Chapters, & Popular Press

The 1995 Federal Aquaculture Development Strategy summarized some of the difficulties facing aquaculture development in a federal state such as Canada, where the jurisdictional entitlements relevant to this “new” (or at least newly significant) industry are by no means clear:

Aquaculture is a formidable policy challenge. As a new industry, it straddles the line between fishing and farming, cuts across significant regional differences and is placed in a context involving the participation of municipal, provincial/territorial and federal governments.

An Other Christian Perspective On Lawrence V. Texas, Victor C. Romero

Faculty Scholarship

The so-called Religious Right's reaction to Lawrence v. Texas has been both powerful and negative, characterizing the case as an assault on the traditional conception of marriage and family life. This essay is an attempt to present a different Christian view. Modeled on the life and teachings of Jesus, this perspective celebrates the Lawrence case as consistent with God's call to social justice for the oppressed. It also outlines a Christian sexual ethic that lifts up genuine, monogamous, committed love between two individuals, whether of the same or opposite sex.

Transparency In International Commercial Arbitration, Catherine A. Rogers

Faculty Scholarship

Scholars have long been making the case for expanding transparency in the international commercial arbitration system, but recently these proposals have taken on a greater sense of urgency and an apparent willingness to forcibly impose transparency reforms on unwilling parties. These new transparency advocates exhort the general public's stakehold in many issues being arbitrated, which they contend necessitates transparency reforms, including compulsory publication of international commercial arbitration awards.

In this symposium essay, I begin by developing a definition of transparency in the adjucatory setting, and conceptually distinguishing from other concepts, like "public access" and "disclosure," which are often improperly treated …

Europe's Thirteenth Directive And U.S. Takeover Regulation: Regulatory Means And Political Economic Ends, Marco Ventoruzzo

Faculty Scholarship

Cross-border acquisitions, especially through hostile takeovers, represent one of the most dramatic consequences of the growing integration, both within Europe, and when considering the economic balance of power between the US and the European industries. This Article focuses on the single most important piece of legislation on European takeover law, the Thirteenth Directive of the European Union on Takeover Regulation, which was approved on April, 21 2004 and must be implemented by Member States before the end of 2006.

Passage of the Thirteenth Directive is no minor event. Earlier versions were embroiled in arresting political controversies that generated significant Member …

Behavioral Genetics Research And Criminal Dna Databanks, David H. Kaye

Faculty Scholarship

This article examines the current concerns about whether DNA databases may be used for actions other than to apprehend criminals, such as genetic research, in particular, searching for a "crime gene". Part II considers the perspective that these databases may be useful for research. The information within a DNA sample consists of a limited number of DNA base-pair variations, which are important to identification, but not necessarily to genetic research. However, while it may be difficult to conduct genetic research, it is not impossible. Part III examines state and federal database legislation. There are examples of three states' statutes and …

Specific Antibodies To Recombinant Allergens Of Aspergillus Fumigatus In Cystic Fibrosis Patients With Abpa, Viswanath P. Kurup, Alan P. Knutsen, Richard B. Moss, Naveen K. Bansal

Mathematics, Statistics and Computer Science Faculty Research and Publications

Background

Aspergillus fumigatus, a widely distributed fungus, has been implicated in causing life threatening infections as well as severe asthma and allergic diseases in man. Allergic affliction like allergic bronchopulmonary aspergillosis (ABPA) is a disabling lung disease frequently seen in patients with asthma and cystic fibrosis. Immunodiagnosis of the former is comparatively easier due to the availability of purified antigens and sensitive methods. However, this is not true with cystic fibrosis patients where the prevalence of ABPA is fairly high and the morbidity and mortality are significant.

Methods

In the present study, we have evaluated purified recombinant allergens from …

Beyond The Buzzwords: A Perspective On Integrated Coastal And Ocean Management In Canada, Aldo Chircop, Lawrence Hildebrand

Articles, Book Chapters, & Popular Press

It is now more than five years since the Oceans Act came into force as Canada’s modern legal framework for integrated coastal and ocean management (ICOM). Although there have been several integrated management initiatives at the national, regional and provincial level, the assessment of the record to date is not a simple matter.

Access To Justice And The Evolution Of Class Action Litigation In Australia, Camille Cameron, Bernard Murphy

Articles, Book Chapters, & Popular Press

The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class …

Foreword [To Boilerplate: Foundations Of Market Contracts Symposium], Omri Ben-Shahar

Articles

It is tempting to open this symposium with yet another "boilerplate" salute to the challenge that standard-form contracts pose for contract law doctrine. You may have seen many tributes to this fundamental problem. If I were to offer my own variation on this familiar introduction, I would have perhaps tried to come up with an original spin to induce you to read forward another paragraph or two. I would probably have talked about a major divide within contract law between the "law of negotiations" and "product regulation." The former is the body of doctrines that determine the legal consequences of …

Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort

Articles

Legal scholars have long debated the efficacy and necessity of videotaping investigative interviews with children when allegations of child sexual abuse have surfaced. This debate has been advanced from the perspectives of adversaries in the criminal justice system, prosecutors and defense advocates. Absent from this debate has been the perspective of the broader community. This debate has failed to consider how other investigative tools might be used in conjunction with videotaping to advance the interests of the community. Moreover, the debate about videotaping has taken place with little actual data. This Article seeks to accomplish two goals. First, it seeks …

Second Best Damage Action Deterrence, Margo Schlanger

Articles

Potential defendants faced with the prospect of tort or tort-like damage actions can reduce their liability exposure in a number of ways. Prior scholarship has dwelled primarily on the possibility that they may respond to the threat of liability by augmenting the amount of care they take.1 Defendants (I limit myself to defendants for simplicity) will increase their expenditures on care, so the theory goes, when those expenditures yield sufficient liability-reducing dividends; more care decreases liability exposure by simultaneously making it less likely that the actors will be found to have behaved tortiously in the event of an accident and …

Tennessee Archivist 29, No. 1, Society Of Tennessee Archivists

Tennessee Archivist newsletters

Winter 2006 issue of the Tennessee Archivist, a newsletter produced by the Society of Tennessee Archivists.

Suffolk University Beacon Yearbook, 2006, Suffolk University

Undergraduate Yearbooks

No abstract provided.

A Curvature-Mediated Mechanism For Localization Of Lipids To Bacterial Poles, Kerwyn Casey Huang, Ranjan Mukhopadhyay, Ned S. Wingreen

Physics

Subcellular protein localization is a universal feature of eukaryotic cells, and the ubiquity of protein localization in prokaryotic species is now acquiring greater appreciation. Though some targeting anchors are known, the origin of polar and division-site localization remains mysterious for a large fraction of bacterial proteins. Ultimately, the molecular components responsible for such symmetry breaking must employ a high degree of self-organization. Here we propose a novel physical mechanism, based on the two-dimensional curvature of the membrane, for spontaneous lipid targeting to the poles and division site of rod-shaped bacterial cells. If one of the membrane components has a large …

Social Impact: Productive Aging: Tapping Into Energy Of Older Americans, Janet Edwards

Social Impact Publication

Welcome to the new era of "Productive Aging." As the first wave of baby boomers turns 60 this year, the typical retirement scenario of softening 60-somethings retreating into a vacation-like vacuum is passé. Healthier, wealthier, and better educated, this new generation of older adults seeks—perhaps “demands” — ongoing productive roles in mainstream society.

SOCIAL IMPACT | Spring 2006 | FEATURE STORY Productive Aging