Digital Commons Network^™

Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield

Articles

On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.

Ignore The Rumors—Campaigning From The Pulpit Is Okay: Thinking Past The Symbolism Of Section 501(C)(3), Michael Hatfield

Articles

This Article is enough to ruin many Thanksgiving family dinners. It is about American religion, politics, and taxes. Mostly it is about taxes. As I will explain, this is what sets it apart from the contemporary legal scholarship exploring the campaign restrictions on tax exempt churches. This Introduction identifies the problem addressed in the article, then introduces the contemporary legal scholarship and the alternative approach this article takes.

Part I of this Article introduces the reader to the legal context of "the problem" of churches being unable to campaign if they choose to be Tax Exempt under Section 501 (c) …

Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson

Articles

Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modem litigation over tribal rights takes place primarily in state courts that are tempted to interpret the few U.S. Supreme Court cases in ways that protect existing non-Indian uses over senior tribal water rights. Modern Indian water rights settlements tend to protect existing non- Indian uses while providing substantial benefits for tribes, but in a haphazard manner. This article examines the history …

Indian Water Rights: Litigation And Settlements, Robert T. Anderson

Articles

This article provides a brief overview of the law of Indian and federal reserved water rights and continues with an examination of the Snake River Water Rights Act. The Act serves as a vehicle for discussion of what is right and what is wrong with the current Indian water rights settlement process. Finally, the article suggests that the Administration modify the portion of its criteria and procedures for Indian water settlements dealing with federal financial contributions. These criteria and procedures need to more accurately reflect the realities of past settlements and promote more successes like the Snake River Water Rights …

Biotechnology Entrepreneurship And Ethics: Principles, Paradigms, And Products, Patricia C. Kuszler

Articles

Biotechnology, whether in the context of new drugs derived from DNA and genetic technology, genetically modified food, or biologics making use of living cells, raises ethical concerns at a variety of different levels. At the research level, there is concern that the very nature of research is being subverted, rather than enhanced, by entrepreneurship. This area of ethical concern has intensified in the United States as a result of the conflicts of interests resulting from the growing alliance between University academia and private industry in the research enterprise. As we travel down the research path into development of a drug …

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

Articles

Medical waste is produced everywhere that people live and by almost everyone at some point in their lives. Its treatment and disposal implicates the environment, public health, the economy, human dignity, and aesthetics. With the many issues involved, the need for federal regulation of medical waste today is manifest.

This Article examines the problem of medical waste disposal and evaluates the current state-based approach to regulation. Although many states have implemented stringent medical waste programs with some success, the absence of direct federal regulation in this area is problematic. The need for national leadership is clear, especially with respect to …

The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber

Articles

This article focuses on the application of European Union unfair contract terms law to retail Internet transactions that U.S. businesses might engage in with European consumers. It compares attitudes toward consumer protection regulation in the U.S. and the EU to provide some context within which the specific provisions of unfair contract terms law can be understood.

While many lawyers and legal academics in the U.S. who study the development of online markets are aware of the profound differences in U.S. and EU information privacy laws, the magnitude of the divergence in consumer electronic contracting law is not as widely recognized. …

Standing For Excellence, Reaching For Justice, Kellye Y. Testy

Articles

Commemorating thirty volumes of the Seattle University Law Review.

Mobile Applications That Empower People To Monitor Their Personal Health, Kay Connelly, A M. Faber, Y Rogers, Katie Siek, Tammy Toscos Phd

Health Services and Informatics Research

Researchers have an opportunity to develop assistive applications that empower people to change unhealthy habits through monitoring their behavior. Mobile applications can enhance self-monitoring by providing real-time feedback and employing persuasive technology. The projects presented demonstrate the potential of persuasive, assistive applications for both chronically ill and healthy individuals.

Expression Of Putative Virulence Factors Of Escherichia Coli O157:H7 Differs In Bovine And Human Infections, Rebecca A. Rashid, Tami A. Tabata, Melissa J. Oatley, Thomas E. Besser, Phillip I. Tarr, Steve L. Moseley

Open Access Publications

No abstract provided.

Blinded Comparison Of Repetitive-Sequence Pcr And Multilocus Sequence Typing For Genotyping Methicillin-Resistant Staphylococcus Aureus Isolates From A Children's Hospital In St. Louis, Missouri, Robert S. Liao, Gregory A. Storch, Richard S. Buller, Rachel C. Orscheln, Elaine R. Mardis, Jon R. Armstrong, W. Michael Dunne Jr.

Open Access Publications

No abstract provided.

Isolation, Evaluation And Molecular Characterisation Of Bacillus Thuringiensis Isolates Against Prostephanus Truncatus, A Major Storage Pest In Maize, Jane Wamaitha Mwathi

All Master’s Theses

The study was initiated to investigate the potential of locally isolated Bacillus thuringiensis (Bt) isolates for the control of the larger grain borer (LGB) (Prostephanus truncatus), a major storage pest of maize and cassava in Kenya. Samples of soil, grain and dead insects were collected from various maize growing areas in Kenya and screened for the presence of Bt. The isolates were tested for toxic activity against P. truncatus in the laboratory. Bacillus thuringiensis var. tenebrio (Btt), toxic to the Colorado Potato Beetle (CPB) was included in the bioassays as a Standard control reference. Bt precipitate obtained from broth was …

Aga Khan University Prospectus 2006, Aga Khan University

The Aga Khan University Prospectuses and Brochures

The University, Faculty of Health Sciences, University Hospital, University Resources, Libraries, Learning Resource Centre, Student Activities, Sports and Rehabilitation Centre, Admissions, Financial Assistance, Contested Decisions, Code of Conduct, Faculty of Health Sciences, Centre of English Language, Department for Educational Development, Postgraduate Medical Education, Medical College, Graduate Programmes, Master of Science (MSc programmes), PhD in Health Sciences, Undergraduate Medical Education, MBBS programme, School Of Nursing, Graduate Programmes, Master of Science in Nursing, Undergraduate programmes, Bachelor of Science in Nursing, Post RN BSCN programme, Diploma in General Nursing, Institute for Educational Development Institute for Study of Muslim Civilisations University Governance, List of …

Aga Khan University Tanzania Institute Of Higher Education Prospectus 2006, Tanzania Institute Of Higher Education

The Aga Khan University Prospectuses and Brochures

• Vision, Mission and Values of the University

• Advanced Nursing Studies (ANS) Programme

• Introduction
• Principal Aims of the AKU Nursing Initiative in Tanzania
• Strategic Objectives
• Programmes Offered

• Post–Registration BSc Nursing Degree Programme

• Structure of the Programme
• Admission and Academic Requirements
• Enrolled Nurse to Registered Nurse Conversion Diploma
• Postgraduate Medical Education Programme
• Family Medicine Training Programme
• Logo and Symbolism
• About the University
• List of Faculty

Let's Talk About Sex Baby: Lyle V. Warner Brothers Television Productions And The California Court Of Appeal's Creative Necessity Defense To Hostile Work Environment Sexual Harassment, Sarah Pahnke Reisert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Predicting Institutional Adjustment With The Psychological Inventory Of Criminal Thinking Styles And The Psychopathology Checklist : Screening Version , Wanda Mandell

PCOM Psychology Dissertations

This correlational study investigates the incremental validity of the Reactive (R) composite scale of the Psychological Inventory of Criminal Thinking Styles (PICTS) relative to Psychopathy Checklist: Screening Version (PCL:SV) total score for predicting medium security federal adult male inmate adjustment over a 12 month period. Adjustment, the criterion variable, was operationalized as the number of incident reports received over 12 months. Archival data for 146 offenders were obtained for incident reports and categorized as aggressive or non-aggressive. Scores for the PICTS P and R composite scales were obtained from archival electronic files. Data for rating the PCL:SV were gathered from …

2006 - 88th Annual Lectureship, "Messages From The Gospel Of John", Abilene Christian University, Abilene Christian University

Lectureship and Summit Programs

No abstract provided.

2006 - 89th Annual Lectureship, "Messages From The Gospel Of John 9-21", Abilene Christian University, Abilene Christian University

Lectureship and Summit Programs

This is the brochure for the 2006 89thh Annual Bible Lectureship held at Abilene Christian University.

Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr.

Faculty Publications

Imagine that you have returned to your first year of law school. In your legal writing course, you are required to finish the year with an extensive brief analyzing a legal problem. After months in your doctrinal courses dealing with mind-bending legal issues such as liquidated damages, substantive due process, felony murder, personal jurisdiction, and shifting executory interests, you are ready to sink your teeth into a challenging legal writing assignment. You want to show your stuff and prove that your writing is law review caliber. Your assignment starts as follows: Greenacre is a parcel of land bounded on three …

Closing The "Equity Gap" In Startup/Seed Investment For Ict Ventures (Israeli Experience), Jimmy Schwarzkopf

Student Scholarship

In Israel\, an innovative program called Entrepreneur/ Executive in Residency (EIR) was initiated by venture capital firms to increase the probability that ICT startup/seed ventures will be funded. EIR programs help VCs to maintain 6%-10% of their portfolio (measured in invested dollars per year) in ventures in the startup/seed stage. This research\, based on qualitative interviews with Israeli VC executives and entrepreneurs who participate in EIR programs\, promotes understanding about how EIR programs work to increase the perceived confidence coefficient of the VC partners until it overcomes the “equity gap” that exists in assessing startup/seed entrepreneurial deals. Variant types of …

Unf Journal Winter 2006, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

The Citizenship Dialectic, Ediberto Román

Faculty Publications

Imagine that you reside in a country not unlike the United States, with a similar cultural, economic, racial and ethnic mix. As in many other countries, the events of September 11, 2001, dramatically changed the lives of the inhabitants of your land. Your country passed a series of Special Laws specifically designed to enhance national security, and has joined the United States in its efforts in Afghanistan and Iraq. Your country's law enforcement and military officials, in several high-profile arrests that captured the attention of the populace, took three suspects into custody who allegedly were involved in terrorist-related activities. While …

Access To Information In The European Union: A Comparative Analysis Of Ec And Member State Legislation (Book Review), Darla Jackson

Other Faculty Publications

No abstract provided.

The Dot Chromosome Of Drosophila: Insights Into Chromatin States And Their Change Over Evolutionary Time, Nicole Riddle, Sarah C.R. Elgin

Biology Faculty Research

Historically, chromatin has been subdivided into heterochromatin, transcriptionally inactive regions that remain densely packaged throughout the cell cycle, and euchromatin, transcriptionally active regions that take on a diffuse appearance as the cell enters interphase. The banded portion of the small fourth chromosome (dot chromosome) of Drosophila melanogaster is unusual in exhibiting many characteristics of heterochromatic domains, and at the same time maintaining a gene density typical of euchromatin. Similar to genes embedded in pericentric heterochromatin, many of the dot chromosome genes have adapted to a heterochromatic environment. Little is known about the regulation of these genes and less about their …

Opto-Electronic Processes In Srs:Cu Actfel Devices, Dharmashankar Rajagopalan

University of Kentucky Master's Theses

The a. c. thin film electroluminescent (ACTFEL) devices are of scientific interest due to their applications in large area, flat panel displays. Of particular interest to the research community is the mechanism of electron transport and luminance in these devices. Toward this end, a physical model and a mathematical model for SrS:Cu ACTFEL Devices were developed and published earlier by our group. The purpose of this thesis is to obtain a qualitative and quantitative match between experiment and theory. A brief summary of the model can be found here [1]. Effects of variation in drive parameters in experimental steady state …

Disrupting Preconceptions: Postcolonialism And Education, Ed. By Anne Hickling-Hudson, Julie Matthews, And Annette Woods, James C. Carl

Education Faculty Publications

Book review by Jim Carl:

Hickling-Hudson, Anne, Julie Matthews, and Annette Woods, eds. Disrupting Preconceptions: Postcolonialism and Education. Brisbane: Post Pressed, 2004.

ISBN 1-876682-56-6

The book grew out of a conference held in August 2001 at the University of Queensland in Brisbane, Australia. It is composed of a collection of thirteen essays that address postcolonialism in education. The presenters examine the postcolonial in educational structures and practices in Asia, Africa, North America, and Australia, but the colonial legacy remains—the language of the conference is English, the publisher is Australian, and the book is printed in Great Britain.

Overall, this …

The Critical Factors Of Coaching Practice Leading To Successful Coaching Outcomes, Margaret K. Marshall

Antioch University Dissertations & Theses

The purpose of this study was to identify the critical aspects in coaching outcomes as perceived by experienced coaches in the United States in both business and life coaching settings. Nineteen coaches provided a total of 109 critical incidents that led the client to the coaching process. Six dimensions of coaching emerged from the coding process; personal philosophies of coaching, coach functions, the coaching process, breakdown and success factors, precipitating factors and outcomes of coaching. A model was constructed to depict the relationship of the dimensions to one another. The personal philosophy of the coach influenced every other dimension. The …

The Adventure(S) Of Blackness In Western Culture: An Epistolary Exchange On Old And New Identity Wars, Adrienne D. Davis, Robert S. Chang

Women, Gender & Sexuality Studies Faculty Research

Through a series of letters, Professors Robert Chang and Adrienne Davis examine the politics of positionality in law and literary criticism. They use the scholarly debates and conversations around critical race theory and feminist legal theory as a starting point to formulate some thoughts about Critical Race Feminism ("CRF") and its future. The authors use the epistolary form as a literary device to allow them to collaborate on this project while maintaining their own voices. Thus, the letters are not dated.

The letters pay particular attention to various border crossings: male attempts to engage in feminist literary criticism, white attempts …

The Adventure(S) Of Blackness In Western Culture: An Epistolary Exchange On Old And New Identity Wars, Adrienne D. Davis, Robert S. Chang

Scholarship@WashULaw

Through a series of letters, Professors Robert Chang and Adrienne Davis examine the politics of positionality in law and literary criticism. They use the scholarly debates and conversations around critical race theory and feminist legal theory as a starting point to formulate some thoughts about Critical Race Feminism ("CRF") and its future. The authors use the epistolary form as a literary device to allow them to collaborate on this project while maintaining their own voices. Thus, the letters are not dated. The letters pay particular attention to various border crossings: male attempts to engage in feminist literary criticism, white attempts …

The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence Symposium: The Jurisprudence Of Justice Stevens: Panel V: First Amendment/Voting Rights, Gregory P. Magarian

Scholarship@WashULaw

In his three decades on the Supreme Court, Justice John Paul Stevens has developed a distinctive approach to the First Amendment. During his tenure, the Court's majority has crystallized a theory of First Amendment speech protection as an abstract, negative protection of individual autonomy against government interference. In contrast, Justice Stevens' pragmatic judicial methodology has caused him to place greater emphasis on free speech decisions' practical consequences, particularly their effectiveness in making democratic debate inclusive as to both participants and subject matter in order to ensure robust, well-informed public discourse. Alone on the present Court, Justice Stevens manifests a deep …