Digital Commons Network^™

Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.

NYLS Law Review

No abstract provided.

Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman

NYLS Law Review

No abstract provided.

The Life Of The Law Online, David R. Johnson

NYLS Law Review

No abstract provided.

“Ain’T No Goin’ Back”: Teaching Mental Disability Law Courses Online, Michael L. Perlin

NYLS Law Review

No abstract provided.

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair

NYLS Law Review

No abstract provided.

A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis

NYLS Law Review

No abstract provided.

A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson

Publications

Professor Martha C. Nussbaum is an accomplished scholar in an impressive variety of fields. Drawing on her diverse academic backgrounds, Nussbaum has written extensively about emotions and their importance for law from the perspective of her primary specialty, philosophy. Her book Hiding from Humanity criticizes the roles that two particular emotions, disgust and shame, play in the law. Its central thesis is that, as legal actors, we should be wary of disgust and shame because indulging in those emotions allows us to hide from our humanity - both our humanity in the general sense and also those specific features of …

Graduate Catalog 2006-2007, University Of North Florida

UNF Course Catalogs

No abstract provided.

The Legal Character Of Private Codes Of Conduct: More Than Just A Pseudo-Formal Gloss On Corporate Social Responsibility, Veronica Besmer

UC Law Business Journal

Corporate codes, nothing more than statements that define a corporation's own best behavior, have become ubiquitous in today's business reality that witnesses ever-louder demands for greater corporate accountability. However, the codes' enforceability is uncertain, as they lack the statutory liability or the jurisdictional nexus in case of transnational enterprises. Still, consumers, who are increasingly socially and environmentally conscious, often reward any voluntary declaration of corporate social responsibility. This article outlines the current forms of regulations and reviews some legal enforcement theories. The author concludes that quasi-formal enforcement mechanisms such as stakeholder pressure and greater consumer demand for responsible corporate behavior …

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

UC Law Business Journal

Employers who employ both Americans and non-citizens in America, as well as those who employ either Americans or non-citizens overseas, will face a wide range of demands for cooperation with counterterror agencies, choices about employment policies that affect counterterror efforts, and concerns by employees about the impact of counterterror measures on their employment. This Article surveys some of the less immediately obvious issues that employers need to consider in adjusting to the post-9/1 1 environment-an environment in which counter-terror operations have become the nation's highest government priority.

Class Warfare 1988-2005 Over Top Individual Income Tax Rates: Teeter-Totter From Soak-The-Rich To Robin-Hood-In-Reverse, John W. Lee Iii

UC Law Business Journal

The Tax Reform Act of 1986 effected for highest income individuals parity of tax treatment as to ordinary and capital gains income, thus ending the sixty-five year horizontal and vertical inequities described in "The Capital Gains 'Sieve' and the 'Farce' of Progressivity 1921-1986," 1 Hastings Bus. L. J. 1. This article examines the income tax rate wars 1988-2005, which destroyed this parity. During this latter period, political factions developed "fairness" rhetoric and "class warfare" counter rhetoric. This article analyses the cause and effects of the changes to the tax law from 1988-2005.

Employers Beware: The I-9 Form: Verifying Identity And Identity Documents In The Employment Context, Jason Korosec

UC Law Business Journal

Verification of identity has taken on new importance in a post 9/11 environment. This article discusses employers' obligation to verify the identification of their employees and the technical problems with identity verification employers face under current approaches. Attempts by the government to resolve these issues will meet resistance from both privacy advocates and liberty defenders. Understanding the issues with the current state of documentation of identity will enable employers to make more informed decisions about who they are hiring, particularly if the analysis is completed prior to the hiring decision. For the time being, the 1-9 form and associated process …

A Briefing For American Businesses Looking To Invest In Vietnam, Valerie Clemen

UC Law Business Journal

Positioned to become the newest member of the WTO later this year, Vietnam is an ever more appealing destination for foreign investors. In 2005 alone, the country received an impressive $5.8 billion in foreign investment. This note provides the essential information for any American business contemplating expansion into Vietnam. After a brief overview of modem Vietnam, this note delves into the major trade agreements between the United States and Vietnam and changes that are being made to make Vietnam a more comfortable environment for business. The final section deals with the risks that remain a part of doing business in …

An Unconscionable Application Of The Unconscionability Doctrine: How The California Courts Are Circumventing The Federal Arbitration Act, Stephen A. Broome

UC Law Business Journal

This Article examines the California courts' unconscionability jurisprudence, highlighting the disparate application of unconscionability doctrine in cases involving arbitration agreements as contrasted with cases involving "ordinary" contracts. The article undertakes an empirical analysis of California cases applying unconscionability doctrine and finds that unconscionability challenges before the California appellate courts succeed with far greater frequency when the contractual provision at issue is an arbitration agreement. The article concludes that California's unconscionability jurisprudence violates the basic mandate of the FAA that arbitration agreements be placed on equal footing with ordinary contractual provisions.

The False Wisdom Of Tuition Based Ranking Of Allied Health Programs: Is Your Program Affordable?, Tamara L. Little

Internet Journal of Allied Health Sciences and Practice

Purpose: The purpose of this analysis was to investigate the extent to which the ranking of programs based on total tuition cost changes when housing and program length were added to total tuition. Method: To accomplish this, the cost of tuition at 13 physical therapist education programs was compiled. Programs were ranked from most expensive to least expensive. The costs associated with housing, program length, and lost opportunity to earn wages were then added to total tuition. Programs were again ranked from most expensive to least expensive. Results: Regional differences in the cost of living and the total length of …

Meeting The Federal Mandates: Research On Effective Reading Instructional Programs And Implications For Classroom Teachers, Sekhar Pindiprolu, David Forbush, Lori J. Marks

ETSU Faculty Works

Both the No Child Left Behind (NCLB) mandate (2001) and the Individuals with Disabilities Education Improvement Act (IDEA) (2004), call for use of scientifically validated reading instructional practices, curricula, and accountability for successful learning outcomes. This paper highlights one of the reading programs identified as scientifically validated by independent research groups and discusses its implications for classroom teachers. On the other hand, we do not embrace the idea that other reading programs are ineffective. We believe that there is no one single method or program to teach all children effectively. However, we believe that use of programs that have been …

Comparison Of Microbial Water Quality Parameters Of Four Geographically Similar Creeks In Northeast Tennessee, Kimberlee K. Hall, L. K. Gallagher, Brian G. Evanshen, Kurt J. Maier, Phillip R. Scheuerman

ETSU Faculty Works

Four creeks within the Watauga River watershed in Northeast Tennessee are routinely monitored for water quality assessments. To identify sources and monitor remediation, Sinking Creek, Cash Hollow Creek, Buffalo Creek and Boones Creek are monitored for chemical and microbial parameters. These parameters include phosphates, nitrates, BOD and fecal coliforms. Sinking Creek is a tributary of the Watauga River with 10 miles of impaired water. Cash Hollow Creek enters the Watauga River at river mile 11.4 with 3.4 miles of impaired water. Boones Creek contains 18.6 impaired miles while the status of water quality in Buffalo Creek is not yet determined. …

Private Enforcement Of The Americans With Disabilities Act Via Serial Litigation: Abusive Or Commendable?, Carri Becker

UC Law SF Journal on Gender and Justice

Title III of the Americans with Disabilities Act ("ADA") was developed to provide disabled persons with access to public businesses, buildings, and other accommodations. For a variety of reasons, very few public accommodations comply with the detailed accessibility standards imposed by Title III. As a result a cottage industry has developed of private plaintiffs suing for accessibility. This Note discusses the proliferation of these suits, especially by so called serial plaintiffs who file hundreds of lawsuits per year. A history of legislative attempts to curtail these suits is provided as well as suggestions for future legislative efforts that will both …

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Saftey, Angelica Chazaro, Jennifer Casey

UC Law SF Journal on Gender and Justice

A decade after the 1996 Peace Accords that marked the end of the 36-year internal armed conflict, Guatemala fails to provide basic protection of women's human rights. The plight of asylumseeker Rodi Alvarado and the spiked increase in the murders of Guatemalan women ("femicides") highlight the scope of Guatemala's lack of protection for women. After suffering ten years of brutal domestic violence, with the authorities ignoring her pleas for protection, Rodi fled Guatemala, seeking asylum in the United States. She is not alone in her suffering. Since 2001, over 1,500 women have been murdered in Guatemala, with the perpetrators enjoying …

Psychopathology In Young People With Intellectual Disability, Stewart L. Einfeld, Andrea M. Piccinin, Andrew Mackinnon, Scott M. Hofer, John Taffe, Kylie M. Gray, Daniel E. Bontempo, Lesa R. Hoffman, Trevor Parmenter, Bruce J. Tonge

Department of Psychology: Faculty Publications

Context—Comorbid severe mental health problems complicating intellectual disability are a common and costly public health problem. Although these problems are known to begin in early childhood, little is known of how they evolve over time or whether they continue into adulthood.

Objective—To study the course of psychopathology in a representative population of children and adolescents with intellectual disability.

Design, Setting, and Participants—The participants of the Australian Child to Adult Development Study, an epidemiological cohort of 578 children and adolescents recruited in 1991 from health, education, and family agencies that provided services to children with intellectual disability aged 5 to 19.5 …

Disciplining Service Learning: Institutionalization And The Case For Community Studies, Dan W. Butin

Education Faculty Publications

This article argues that the service-learning field has been pursuing the wrong revolution. Namely, service learning has been envisioned as a transformative pedagogical practice and philosophical orientation that would change the fundamental policies and practices of the academy. However, its attempted institutionalization faces substantial barriers and positions service learning in an uncomfortable double-bind that ultimately co-opts and neutralizes its agenda. This article argues that a truly transformative agenda may be to create a parallel movement to develop an “academic home” for service learning within academic “community studies” programs. This “disciplining” of service learning is the truly revolutionary potential of institutionalizing …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2006-2008, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

Co-Rumination And Depression In College Students, Maurita M. Burns

Honors Theses

Studies concerning depression consistently reveal higher levels in women than men. One explanation for this is that women and men cope with depressive emotions differently. While women tend to focus on their negative emotions and the causes and consequences of these feelings, men are more likely to engage in distracting, active behavior. The persistent self focus on negative emotions, rumination, has been found to prolong and exacerbate feelings of depression (Nolen-Hoeksema, 1991). At the same time, women tend to have more intimate and close friendships characterized by self-disclosure than men. While such intimate relationships theoretically provide social support that can …

Political Differentiation In Consumer Preferences For Underdog Businesses : Does Everybody Love A Winner?, Kelly O'Connor

Honors Theses

In an exploratory study of the intersection between the worlds of social behavior and personal economics, this experiment will examine the links between political ideology and consumer preference for an ''underdog" business. The stereotypical image of the Mom and Pop comer store is romantic, but when we juxtapose this sentiment with the convenience and predictability of shopping at a giant retailer, it is unclear which store consumers will prefer, and why. This study tested the hypothesis that individuals with more liberal political orientations will be more likely to exhibit a preference for underdog businesses than individuals with conservative political leanings, …

Courting Disaster : Women, Romance, And Novels In Eighteenth And Nineteenth Century Britain, Beth J. Massie

Honors Theses

Society always fears that something is corrupting its youth and therefore dooming the future. In the late eighteenth century, British High Society believed that the sentimental and overly dramatic courtship novel was adversely affecting the actions of marriageable young women. In response to these fears, women writers of the early nineteenth century produced literature designed to guide young women safely and happily through the steps of courtship and marriage. The impact of British society's changing views on courtship and marriage combined with the fears raised by the courtship novel in the minds of older society transformed the courtship novel of …

Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink

Richmond Journal of Law and the Public Interest

The purpose of this article is to review the various conceptual components of the issue of domestic violence by first explicating the numerous challenges to understanding the complexity of this issue. The societal costs from domestic violence within the broader purview of sexual assault, family violence and other violence in the community are described, as well as the challenges of developing community collaboration initiatives to comprehensively address family violence. Highlights are presented from a process evaluation from one community's efforts to develop a community plan for a comprehensive and collaborative family violence approach that encompasses governmental, for-profit and nonprofit sectors. …

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis

Richmond Journal of Law and the Public Interest

Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.

Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin

Richmond Journal of Law and the Public Interest

In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?

Bennett, Louise, Daryl Cumber Dance

English Faculty Publications

Louise Bennett, affectionately called Miss Lou, is Jamaica's most beloved folk poet, performer, and collector; she was born in Kingston, Jamaica, on September 7, 1919. Her father, a baker, died when she was seven years old, and her mother worked as a dressmaker to provide for her only child. She was educated in Jamaica at Calabar Elementary School, Excelsior High School, and St. Simon's College, after which she received a scholarship to study at the Royal Academy of Dramatic Art in England.

Further Studies In Rio Grande Valley History, Milo Kearney, Anthony K. Knopp, Antonio Zavaleta

Studies in Rio Grande Valley Regional History Series

Salt: basis of wealth in South Texas / David J. Mycue -- The Zavaleta Family : a legacy of public service / Antonio N. Zavaleta and James E. Zavaleta with Theresa Zavaleta -- Carnaval y fiestas Mexicanas de Matamoros / Rosaura Alicia Davila -- A history of the development of Brazos Santiago Pass / Carl Chilton -- El Retraso español y su interés final por la colonización del Bajo Bravo / Arturo Zarate Ruiz - Fugitive slaves and free Blacks in South Texas / Alberto Rodriguez -- reporting from the Rio Grande : how the press saw the Brownsville area …