Digital Commons Network^™

Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal

Faculty Scholarship

Today, it is no secret that the regime of copyright law, once an often-overlooked footnote to our legal system of property, now occupies a central position in modern debates surrounding the relationship between freedom of expression, language, and ownership. Curiously, however, while contemporary scholarship on copyright now embraces a wide range of political and economic approaches, it has often failed to consider how intellectual property law - as it is owned, constituted, created, and enforced - both benefits and disadvantages segments of the population in divergent ways. This absence is both vexing and fascinating. While issues of distributive justice have …

Apparent Consistency Of Religion Clause Doctrine, The The Rehnquist Court And The First Amendment, Abner S. Greene

Faculty Scholarship

A hallmark of religion clause scholarship is the complaint that the doctrine is a hopeless muddle. However, the Rehnquist Court brought a considerable amount of consistency-well, apparent consistency- to the doctrine. I say "apparent consistency" because, just as a paradox is only a seeming contradiction, so was the Rehnquist Court's religion clause jurisprudence only seemingly consistent. The doctrine focuses on whether the government singles out religion for special benefit (generally problematic under the Establishment Clause) or for special burden (generally problematic under the Free Exercise Clause). If, on the other hand, the government benefits religion as part of a more …

Grave Building: A Tribute To Charles J. Ogletree, Jr., And His Evolving Legacy, Robin A. Lenhardt

Faculty Scholarship

This tribute celebrates the tremendous legal career of Professor Charles J. Ogletree, Jr. It highlights his many contributions to the legal profession and academy, including his role in preparing a cadre of lawyers for the 21st Century; body of scholarship focusing on racial justice issues; and instrumental role in developing new approaches to civil rights lawyering.

Symposium Introduction: The Myth Of Moral Justice: Why Our Legal System Fails To Do What's Right, Thane Rosenbaum

Faculty Scholarship

I wrote The Myth ofMoral justice,' primarily, as a moral critique of the legal system. In examining the rituals and practices of the law under moral criteria-its obsessive focus on zero-sum contests, its dedication to cold rules and procedural technicalities over human emotion, its failure to acknowledge the spiritual pain of those who come before it, its inability to create an atmosphere where apologies, reconciliation, and the restoring of moral balance to relationships is possible, its preference for judicial economy over truth, its privileging of secrets and indifference to lies, and its failure to promote an atmosphere of mutual caring …

Death Bed, Deborah W. Denno

Faculty Scholarship

Lethal injection is this country's primary method of execution, adopted for use by all but one of the thirty-seven death penalty states, as well as the federal government. It is predictable, then, that questions would arise the moment such a widely accepted form of punishment becomes especially vulnerable to an Eighth Amendment attack, as recent cases have shown. This article discusses this author's involvement as an expert in one of these cases, Baze v. Rees, which concerned a 2005 challenge to the constitutionality of lethal injection in Kentucky. While the Baze court upheld the constitutionality of Kentucky's lethal injection procedure, …

Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel

Walden Dissertations and Doctoral Studies

This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. …

Direction Of Ghosts By Henrik Ibsen: Theatre Uni, Spring Semester 2004, Megan E. Schumacher

Dissertations and Theses @ UNI

The purpose of this study is to record and explain choices made in the direction of Ghosts by Henrik Ibsen. This creative thesis describes the director's process and includes a production journal, research and analysis, production goals and schedules, and a visual video recording of the production in performance. The goal of this process documentation is to provide the choices made through collaboration and authenticate those choices up to performances.

Ghosts was performed in the Bertha Martin Theatre located within the StrayerWood building as part of Theatre UNI's 2003-2004 season. Henrik Ibsen, the playwright, penned a domestic tale about a …

‘No Net Loss’ - Instrument Choice In Wetlands Protection, James Salzman, J.B. Ruhl

Faculty Scholarship

While not a high priority issue for most people, the public has long recognized the general importance of wetlands. Since President George H.W. Bush's campaign in 1988, successive administration have pledged to ensure there would be "no net loss" of wetlands. Despite these continuous presidential pledges to protect wetlands, in recent decades, as more and more people have moved to coastal and waterside properties, the economic benefits from developing wetlands (and political pressures on obstacles to development) have significantly increased. Seeking to mediate the conflict between no net loss of wetlands and development pressures, the U.S. Environmental Protection Agency (EPA) …

Words Avoiding A Reflexive Acyclic Relation, John Dollhopf, Ian Goulden, Curtis Greene

Mathematics & Statistics Faculty Scholarship

No abstract provided.

When Is It Time For Science?, Raymond J. Dagenais

Publications & Research

The title of this article begs the question, "When should we be teaching science to our children?"

Even before birth human beings may recognize natural phenomena such as pressure and temperature differences, and spontaneously react to changes in such things. These are learning experiences. It can be argued that as the brain continues to grow and develop, connections are beginning to be formed and subconscious memories created. Information gathered through the senses may be stored in unarticulated patterns in the brain. Here is the foundation for a scientific understanding of nature.

Adobe Medicus 2006 1 January-February, Health Sciences Library And Informatics Center

adobe medicus

No abstract provided.

Place Of Invention| Writing Western Women, Rachel Toor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Liberation Du Maghreb A Travers Sa Litterature, Jeremie S. Marrow

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Transparency In The Budget Process, Elizabeth Garrett, Adrian Vermeule

Public Law and Legal Theory Working Papers

Budget procedures are often adopted or changed to improve “transparency” in budgeting. This phrase can refer to two different, although related, stages of the budget process. First, transparency may refer to the outputs of budgeting; here the ideal is that the tradeoffs inherent in a budget should be made clear, salient and understandable to policy makers and the public. Second, transparency may refer to the inputs of budgeting; here the ideal is to ensure that the decision-making process is itself conducted in public. This paper focuses on the second concept of budget transparency—the degree to which important budgeting decisions are …

Feeling The Grain: Experiences In Boat Restoration And Writing, Stephen Clark Irving

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Erosional Processes After Wildfires: The Impact Of Vegetative Ash And The Morphology Of Debris Flows, Andy Bookter

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Role Of Trust And Ownership In Community Wildfire Protection Planning In West Central Montana, Paul R. Lachapelle

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Physiological Life History And Behavioral Responses Of A Breeding Bird Community To Experimentally Reduced Nest Predation Risk, Joseph J. Fontaine

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Relationship Between President's Leadership Style And Faculty's Job Satisfaction At Upgraded Universities Of Technology In Taiwan, Lung-Chuan Lawrence Liao

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

From Newgate To The New World: A Study Of London's Transported Female Convicts 1718-1775, Jennifer Lodine-Chaffey

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Symbiotic Fungi And The Mountain Pine Beetle: Beetle Mycophagy And Fungal Interactions With Parasitoids And Microorganisms, Aaron S. Adams

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Temporal And Spatial Patterns Of Populus Angustifolia Along The Upper Yellowstone River And Clonal Recruitment: Extent And Requirements, Mary Louise Polzin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Easton Family Of Southeast Massachusetts: The Dynamics Surrounding Five Generations Of Human Rights Activism 1753--1935, George R. Price

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Acquisition And Evaluation Of Sedimentologic Paleomagnetic And Geochemical Time -Series Data From Flathead Lake Montana: Implications For Late Pleistocene And Holocene Paleoclimate, Michael Sperazza

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A General And Age-Dependent Physiological Based Pharmacokinetic (Pbpk) Model Development, Xianping Tong

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Muscle Glycogenolysis And Resynthesis In Response To A Half Ironman Triathlon: A Case Study, Trevor L. Gillum

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Factors Effecting Core Temperature And Hydration During Arduous Work, Julie A. Ham

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

All Grown Up: How The Counterculture Affected Its Flower Children, Eva P. Dunn-Froebig

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Closing The Divide Between Negative And Positive Conceptions Of Liberty: How Contemporary American Speech Doctrines Reconcile The Classical Ideal Of Liberty With The Reality Of Social Intolerance, Justin Jay Fontenot

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Local Currency Loans And Grants: Comparative Case Studies Of Ithaca Hours And Calgary Dollars, Jeff Mascornick

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.