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2006

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Opening The Doors To Women? An Examination Of Recent Developments In Asylum And Refugee Law, Marissa Farrone Jan 2006

Opening The Doors To Women? An Examination Of Recent Developments In Asylum And Refugee Law, Marissa Farrone

Saint Louis University Law Journal

No abstract provided.


History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy Jan 2006

History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy

Saint Louis University Law Journal

No abstract provided.


The Proxemic Study Of Dwelling: A Case Study Of Traditional Thai Houses At Ban Khlong Lamsali, Waricha Wongphyat Jan 2006

The Proxemic Study Of Dwelling: A Case Study Of Traditional Thai Houses At Ban Khlong Lamsali, Waricha Wongphyat

Manusya, Journal of Humanities

"Dwelling", as the heart of our existence, implies the establishment of a meaningful relationship between human and a given environment. In this respect, the private dwelling, the house, is a privileged entity for a phenomenological study of the intimate value of the lived space. Created from the inhabitants' experience accumulated through time, the lived space, or the existential space, not merely reveals the "here of life" of a dwelling place but also reflects the "microcultural pattern' of a society as a whole. Sadly, with the rapid growth of modernization and globalization, such characteristics of the traditional Thai dwelling, or ruan …


The Supreme Court Gets Constructive: A Case Note On Pennsylvania State Police V. Suders, Erin Hendricks Jan 2006

The Supreme Court Gets Constructive: A Case Note On Pennsylvania State Police V. Suders, Erin Hendricks

Saint Louis University Law Journal

No abstract provided.


Grand Valley Magazine, Vol. 5, No. 2 Winter 2006, Grand Valley State University Jan 2006

Grand Valley Magazine, Vol. 5, No. 2 Winter 2006, Grand Valley State University

Grand Valley Magazine

Grand Valley Magazine is a quarterly publication about Grand Valley State University produced by University Communications since 2001.


Sex-Based Discrimination In The American Workforce: Title Vii And The Prohibition Against Gender Stereotyping, Serafina Raskin Jan 2006

Sex-Based Discrimination In The American Workforce: Title Vii And The Prohibition Against Gender Stereotyping, Serafina Raskin

UC Law SF Journal on Gender and Justice

Employers across the nation are imposing sex "appropriate" dress codes in the workplace and courts across the country are deferring to employers' preferences under the guise of managerial discretion. In focusing on a feminist critique of the developing case law surrounding workplace appearance rules, this Note highlights how the existing conceptions of American sex-discrimination law fail to meet the changing forms of sexual discrimination in the workplace. The Note also addresses the way in which localities have attempted to legislate in the area of appearance and dress and asks whether such legislation will be able to force employers to change …


The Impact Of Legal Pluralism On Women's Status: An Examination Of Marriage Laws In Egypt, South Africa, And The United States, Brenda Oppermann Jan 2006

The Impact Of Legal Pluralism On Women's Status: An Examination Of Marriage Laws In Egypt, South Africa, And The United States, Brenda Oppermann

UC Law SF Journal on Gender and Justice

In countries where traditional law and national law coexist, the potential conflicts that may develop from this type of legal pluralism adversely affects women's rights. This Article examines the impact of legal pluralism with regard to the laws of marriage on the status of women in Egypt, South Africa, and the United States. Through this examination, the author finds that legal pluralism itself does not disadvantage women. Rather, certain forms of traditional law that do not reflect international human rights norms nor international standards of equity continue to discriminate against women. The author urges that these forms of traditional law …


A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose Jan 2006

A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose

Faculty Scholarship

Drawing on narrative, post-colonial, clinical and other critical theory, this article explores the role and necessity of critical reflection by lawyers in the construction of clients' stories in representation. In particular, the piece is framed by the experiences of transgender clients and their student attorneys. The piece begins by examining the "problem of representation" - the challenge of seeing and hearing clients' stories, particularly when those stories do not fit in to our understanding of how the world works. It moves on to describe first the "official stories" that govern how the legal system treats transgender people and second how …


Unraveling North Korea’S Preferences And Managing Its Nuclear Threat, Monti Narayan Datta Jan 2006

Unraveling North Korea’S Preferences And Managing Its Nuclear Threat, Monti Narayan Datta

Political Science Faculty Publications

Chief among US national security concerns is the North Korean nuclear threat. Led by its reclusive, enigmatic leader, Kim Jong Il, the Democratic Peoples Republic of Korea (DPRK) is one of the last bastions of communism, representing a strategic and ideological challenge for the United States in the post-9/11 era. So great is the perceived threat of the DPRK, that in his 2002 State of the Union address, President Bush proclaimed, “States like these, and their terrorist allies, constitute an axis of evil, arming to threaten the peace of the world. By seeking weapons of mass destruction, these regimes pose …


Legality Of Age Restrictions In The Nba And The Nfl, Michael A. Mccann, Joseph S. Rosen Jan 2006

Legality Of Age Restrictions In The Nba And The Nfl, Michael A. Mccann, Joseph S. Rosen

Case Western Reserve Law Review

No abstract provided.


The Nba Gets A College Education: An Antitrust And The Labor Analysis Of The Nba's Minimum Age Limit, Daniel A. Applegate Jan 2006

The Nba Gets A College Education: An Antitrust And The Labor Analysis Of The Nba's Minimum Age Limit, Daniel A. Applegate

Case Western Reserve Law Review

No abstract provided.


The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark Tushnet Jan 2006

The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark Tushnet

Case Western Reserve Law Review

No abstract provided.


League Of Their Own: The Competition For Jewish-American Identity In The Novels Of Philip Roth, Rebeccah Amendola Jan 2006

League Of Their Own: The Competition For Jewish-American Identity In The Novels Of Philip Roth, Rebeccah Amendola

Honors Theses

In his insightful and sometimes troubled contemporary writings, Philip Roth demonstrates a nuanced understanding of how the development of Jewish-American identity is a painful and often hilariously paradoxical journey of discovery as Jewish traditions intersect (and often collide) with the American ideal of vertical advancement. Since the successful fulfillment of the American Dream requires some measure of assimilation into the majority American culture known as Americanization, Roth's Jewish-American characters are continually and precariously ill-balanced between retaining and abandoning their Jewish heritage in favor of a new American identity. Thus, if Americanization necessitates Anglo-conformity and the abandonment of immigrant mores, the …


Literary Love Making In Nicholas Sparks Novels: Finding The Balance Between The Writer’S Life And The Writer’S Work In Bestselling Romantic Literature, Ryan Spanich Jan 2006

Literary Love Making In Nicholas Sparks Novels: Finding The Balance Between The Writer’S Life And The Writer’S Work In Bestselling Romantic Literature, Ryan Spanich

Honors Theses

For almost a decade now Nicholas Sparks has been writing love stories. Not only has he been publishing his stories, but they have received high acclaim in each of their installments. Several of his novels have been made into major motion pictures and increased his popularity quite significantly. His status as a successful romantic fiction writer is undeniable, but the question is, why? What is it about Nicholas Sparks that makes his novels so engaging, and personally, what do I need to do as an aspiring novelist to try and acquire the same literary status? Sparks’s novels reach readers at …


Position Tracking And Motion Prediction Using Fuzzy Logic, Patrick Rodjito Jan 2006

Position Tracking And Motion Prediction Using Fuzzy Logic, Patrick Rodjito

Honors Theses

Unlike with traditional, computationally expensive algorithms, with Fuzzy Logic (FL) one does not have to own a fast computer or very precise measuring instruments to get good results. At lower costs, FL provides a simple way to arrive at a definite conclusion based upon vague, ambiguous, imprecise, noisy, or missing input information. This is a facet of AI that appears to resemble human intuition in an important way: the ability to make quick and urgent judgment calls, on the spot, without the need to be absolutely certain of the input. The benefit brought by a low-cost solution like FL to …


The Greater Challenge: Staying Home Or Emigrating?, Inger Wiehl Jan 2006

The Greater Challenge: Staying Home Or Emigrating?, Inger Wiehl

The Bridge

This presentation poses the challenge of emigrating versus that of staying home, exemplified by a Southern Jutlander who stayed home during the years of Prussian rule between 1864 and 1920 and one who left for America during those years. It begs the larger question of who endures more, those who leave or those who stay behind, a salient issue underlying all emigration and any significant parting. Put in classical terms: Who faces the greater challenge Odysseus or Penelope? He endures any number of dangers on his way back from Troy; she stays by her loom and keeps home intact for …


Appellate Review Of Racist Summations: Redeeming The Promise Of Searching Analysis, Ryan Patrick Alford Jan 2006

Appellate Review Of Racist Summations: Redeeming The Promise Of Searching Analysis, Ryan Patrick Alford

Michigan Journal of Race and Law

This Article addresses the question of the appropriate response of appellate counsel for Black defendants tarred at trial by the indirect deployment of powerful racial stereotypes. The crux of the problem is that even now, the courts only take exception to blatant racist appeals, even though indirectly racist summations can have a determinative impact at trial. In laying out the contours of the problem, we must draw upon the discipline of rhetoric, or persuasion through oration, to describe various techniques of intentional indirectness that prosecutors use to obviate the possibility of appellate review under the stringent standards of the Fourteenth …


Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams Jan 2006

Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams

Michigan Journal of Race and Law

This Article analyzes Virginia's effort to remedy massive resistance and posits that, under reparations theory, a broader remedy is necessary to redress the scope of the state's wrongdoing. To do this, Part I briefly examines reparations theory, which provides the tools to identify the proper scope of the injury to be addressed, and, in turn, informs the proper choice of remedy. With this background, Part II discusses the Brown Fund Act and the massive resistance it seeks to remedy. In this connection, the Article demonstrates that the school shutdowns were part of a statewide decision to defy Brown and maintain …


The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii Jan 2006

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii

Michigan Journal of Race and Law

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …


Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee Jan 2006

Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee

Michigan Journal of Race and Law

This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment of …


The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong Jan 2006

The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong

Michigan Journal of Race and Law

This Article provides a brief overview of how Muslims were treated after 9/11. It documents how the USAPA and related measures have been used to monitor, investigate, detain, and deport Muslim U.S. citizens in violation of their civil rights. Of particular importance, is how the life circumstances of the Muslims in America have changed for the worse as a result of zealous enforcement and discriminatory application of the USAPA. In so doing, this Article seeks to provide concrete facts and a rich context to ascertain the implications of 9/11 on American society.


On Justitia, Race, Gender, And Blindness, I. Bennett Capers Jan 2006

On Justitia, Race, Gender, And Blindness, I. Bennett Capers

Michigan Journal of Race and Law

This Essay focuses on Justitia's more problematic attributes. Like Justitia's blindfold, which has been described as "the most enigmatic" of her traits. Is the blindfold merely emblematic of Justitia's purported impartiality, her claim to algorithmic justice? As law professor Costas Douzinas and art historian Lynda Nead have asked, does the blindfold enable Justitia "to avoid the temptation to see the face that comes to the law and put the unique characteristics of the concrete person before the abstract logic of the institution"? Or does the blindfold signify something more, a second sight of sorts? Maybe that Justitia, unable to see, …


Utb/Tsc Commencement – Winter 2006, University Of Texas At Brownsville, Texas Southmost College Jan 2006

Utb/Tsc Commencement – Winter 2006, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.


The "L" In "Cle" Stands For "Legal", Randall T. Shepard Jan 2006

The "L" In "Cle" Stands For "Legal", Randall T. Shepard

Valparaiso University Law Review

No abstract provided.


Law School Education And Liberal Cle, Jay Conison Jan 2006

Law School Education And Liberal Cle, Jay Conison

Valparaiso University Law Review

No abstract provided.


The Future: Transitioning From Training Lawyers To Improving Their Performance, Donald S. Murphy, Thomas Schwen Jan 2006

The Future: Transitioning From Training Lawyers To Improving Their Performance, Donald S. Murphy, Thomas Schwen

Valparaiso University Law Review

No abstract provided.


Competence And Character: The Heart Of Cle For The Profession's Gatekeepers, Patricia H. Murrell Jan 2006

Competence And Character: The Heart Of Cle For The Profession's Gatekeepers, Patricia H. Murrell

Valparaiso University Law Review

No abstract provided.


It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus Jan 2006

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Valparaiso University Law Review

No abstract provided.


Evading Miranda: How Seibert And Patane Failed To "Save" Miranda, Sandra Guerra Thompson Jan 2006

Evading Miranda: How Seibert And Patane Failed To "Save" Miranda, Sandra Guerra Thompson

Valparaiso University Law Review

No abstract provided.


A History Of Miranda And Why It Remains Vital Today, Roscoe C. Howard Jr., Lisa A. Rich Jan 2006

A History Of Miranda And Why It Remains Vital Today, Roscoe C. Howard Jr., Lisa A. Rich

Valparaiso University Law Review

No abstract provided.