Digital Commons Network^™

The Too Easy Historical Assumptions Of Crawford V. Washington, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Witnesses In The Confrontation Clause: Crawford V. Washington, Noah Webster, And Compulsory Process, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank W. Munger

Articles & Chapters

Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out services forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic diversion and disqualification of large numbers of would-be applicants who are left without alternatives to the labor market. In this article I discuss an empirical study of the effects of deregulation of welfare on the self-perceptions of recipients. Interviews with recipients and with low-wage health care workers, former recipients, show that, criticisms of welfare notwithstanding, they have embraced welfare reforms …

Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

Freedom And Fear Post-9/11: Are We Again Fearing Witches And Burning Women Leo C. Goodwin Symposium: Tilting The Scales: The Changing Roles Of Women In The Law And Legal Practice, Nadine Strossen

Articles & Chapters

No abstract provided.

Is Minnesota Progressive - A Focus On Sexually Oriented Expression Minnesota Progressive, Nadine Strossen

Articles & Chapters

No abstract provided.

Reproducing Women's Rights: All Over Again Speech, Nadine Strossen

Articles & Chapters

No abstract provided.

What Role Religious Should Play (Or Not Play) In Our Public Policy Symposium: World Views Collide, Nadine Strossen

Articles & Chapters

No abstract provided.

Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feingenson, Spiesel Christina

Articles & Chapters

Law today has entered the digital age. The way law is practiced - how truth and justice are represented and assessed - is increasingly dependent on what appears on electronic screens in courtrooms, law offices, government agencies, and elsewhere. Practicing lawyers know this and are rapidly adapting to the new era of digital visual rhetoric. Legal theory and education, however, have yet to catch up.

This article is the first systematic effort to theorize law's transformation by new visual and multimedia technologies and to set out the changes in legal pedagogy that are needed to prepare law students for practice …

Manifesto For Visual Legal Realism, A Symposium: Access To Justice: Law And Popular Culture, Richard K. Sherwin

Articles & Chapters

No abstract provided.

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

Articles & Chapters

No abstract provided.

Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti

Articles & Chapters

No abstract provided.

The Wages Of Just War [Comments], Ruti Teitel

Articles & Chapters

No abstract provided.

Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel

Articles & Chapters

No abstract provided.

Making America ‘The Land Of Second Chances’: Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele S. Williams

Articles & Chapters

No abstract provided.

Deductibility Of Treble Damages Paid For Breach Of National Health Service Corps Scholarship Contracts: The Misuse Of I.R.C. 265(A)(1) In Stroud V. United States And Of The Origin Of The Claim Test In Keane V. Commissioner, Richard C.E. Beck

Articles & Chapters

A deduction for treble damages paid for breach of the taxpayer's National Health Service Corps medical service obligation was erroneously denied under IRC 265(a)(1) in 'Stroud v. US', 906 F. Supp. 990 (1995). The provision does not apply because taxpayer's damages were not a cost of earning a tax-exempt scholarship which had been received many years earlier, but rather a deductible cost of buying out one employment obligation in order to earn taxable income in another. The history of IRC 265(a)(1) is analyzed and criticized. In 'Keane v. CIR', 75 TCM 2046 (1998), the taxpayer's deduction for current interest on …

The South African Judicial Appointments Process, Penelope Andrews

Articles & Chapters

Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate …

The South African Constitution As A Mechanism For Redressing Poverty, Penelope Andrews

Articles & Chapters

No abstract provided.

Changing Patterns Of Indigenous Economic Systems: Agrarian Change And Rural Transformation In Bungoma District 1930-1960, Nicholas Ekutu Makana

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study is about how the agrarian economy of peasant households in Bungoma district interacted with the strategies of the colonial state between 1930 and 1960. During this period, the production and exchange systems of peasant households were integrated more forcefully into the mainstream of the colonial capitalist economy and the wider global economy. The policies of the colonial state, environment, and the structure of the market were important variables that exercised an influence on the degree of peasant household receptivity to the forces of agricultural commercialization. Thus whereas the strategies that were devised by the colonial state were tailored …

Democracies And Foreign Policy, Conflict Or Cooperation? The Leadership /Institutions Nexus., David J. Plazek

Graduate Theses, Dissertations, and Problem Reports (ETD)

Democratic peace theory holds a homogenous view of democracy. Leadership studies and institutions literature have demonstrated that variation does exist across democracies, which suggests that democratic peace theory in underspecified. Taking a monadic approach to democratic peace, I examine the effect variations in leadership, institutional structures, and the interaction between leadership and institutions have on foreign policy outputs in democracies. The chapter on leadership reviews US administration belief sets from 1945-1992 to assess their effect on foreign policy decision-making. The findings are that belief sets do impact the conflict-proneness of administrations and that beliefs often shift over time. The institutions …

Learning From All Fifty States: How To Apply The Fourth Amendment And Its State Analogs To Protect Third Party Information From Unreasonable Search, Stephen E. Henderson

Faculty Articles

We are all aware of, and many commentators are critical of, the Supreme Court's third-party doctrine, under which information provided to third parties receives no Fourth Amendment protection. This constitutional void becomes increasingly important as technology and social norms dictate that increasing amounts of disparate information are available to third parties. But we are not solely dependent upon the Federal Constitution. We may have more constitutional protection as citizens of states, each of which has a constitutional cognate or analog to the Federal Fourth Amendment. As Justice Brennan urged in a famous 1977 article, those provisions should be interpreted to …

"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi

Articles by Maurer Faculty

This Comment focuses on the nuances of post-Booker cooperation departures and sentence variances. Section 5K1.1 of the Guidelines governs the provision of cooperation, or substantial assistance, departures. This provision was the primary method for defendants to receive cooperation departures prior to Booker. The section 5K1.1 provision allowed substantial assistance departures where the prosecution actually benefited from the defendant’s cooperation.

First, Part I.A of this Comment will provide an overview of the original goals of the Sentencing Commission and the section 5K1.1 substantial assistance provision. Part I.B of the Comment summarizes United States v. Booker and its impact on cooperation departures. …

Ferromagnetism And Structure Of Epitaxial Cr-Doped Anatase Tio2 Thin Films, T. C. Kaspar, T. Droubay, V. Shutthanandan, S. M. Heald, C. M. Wang, D. E. Mccready, S. Thevuthasan, J. D. Bryan, D. R. Gamelin, A. J. Kellock, M. F. Toney, X. Hong, C. H. Ahn, S. A. Chambers

Xia Hong Publications

The materials and magnetic properties of Cr-doped anatase TiO₂ thin films deposited on LaAlO₃(001) and SrTiO₃(001) substrates by oxygen-plasma-assisted molecular beam epitaxy have been studied in detail to elucidate the origin of ferromagnetic ordering. Cr substitution for Ti in the anatase lattice, with no evidence of Cr interstitials, segregation, or secondary phases, was independently confirmed by transmission electron microscopy with energy dispersive x-ray spectroscopy, extended x-ray absorption fine structure, and Rutherford backscattering spectrometry in the channeling geometry. Epitaxial films deposited at ~0.1 Å/ s were found to have a highly defected crystalline structure, as quantified …

Representing The Media At Trial, Joseph A. Tomain, Richard M. Goehler, Amanda G. Main

Articles by Maurer Faculty

No abstract provided.

The Problem Of Secular Sacredness: Ronald Dworkin, Michael Perry, And Human Rights Foundationalism, Ari Kohen

Department of Political Science: Faculty Publications

The concept of human rights ultimately rests on the premise that there are some things that ought to be done for human beings and other things that ought not to be done to human beings in light of the fact that they are human. According to the Universal Declaration of Human Rights, these rights stem from the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family” (Ishay 1997: 407). Some would argue that this notion has its roots in the natural law and natural rights tradition that is an important …

A Preliminary Biological Assessment Of Long Lake National Wildlife Refuge Complex, North Dakota, Murray K. Laubhan, Robert A. Gleason, Gregory A. Knutsen, Rachel A. Laubhan, N. H. Euliss Jr.

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

This report represents an initial biological assessment of wetland conditions on Long Lake National Wildlife Refuge (NWR), Slade NWR, and Florence Lake NWR that was conducted as part of the pre-planning phase for development of a Comprehensive Conservation Plan (CCP). According to the 1997 National Wildlife Refuge System Improvement Act (NWRSIA), decisions guiding NWR management should be based on the best available scientific information. Therefore, this report attempts to integrate relevant information from many different scientific disciplines (e.g., geology, hydrology, biology) to assist the U.S. Fish and Wildlife Service (USFWS) in identifying ecological constraints and opportunities imposed by the land …

Bio-Bibliography: Stephen James Meredith Brown (1881-1962), Michael R. Hill

Department of Sociology: Faculty Publications

Stephen James Meredith Brown, S.J., was born in County Down, Ireland, on 24 September 1881. He was educated at Clongowes Wood College and was ordained as a Jesuit in 1914. Brown also pursued studies at Tullabeg, Jersey, Paris, and Hastings. Teaching posts included Clongowes and University College. At the latter, he launched the post-graduate school of librarianship, serving on the faculty for 24 years. Brown founded the Central Catholic Library in 1922 and was its motive force for some four decades. He is remembered today as a major bibliographer of Irish literature.

Fundamental Provisions For National Space Laws, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Whilst national space laws currently are a 'hot' topic in general discussions on space law and policy, and rightly so, one should never lose sight that 'national space law' is not something self-evident or nature-given. In each case there is a general need to justify any efforts and resources inevitably required for establishment to start with, then continuing adaptation and implementation, of a national space law. From that perspective, the present paper tries to answer three questions that are of paramount importance. Firstly, why do we need or want national space laws in the first place? Secondly, the question follows …

Towards Monitoring Galileo: The European Gnss Supervisory Authority In Statu Nascendi = Zur Künftigen Überwachungsagentur Des Galileo Systems, Vers Une Autorité De Surveillance Du Système Galileo, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

There is little doubt that one of the most interesting and revolutionary, but also complicated and challenging space projects of today is Galileo, Europe’s own full-fledged second-generation navigation satellite system. Developed jointly by the European Union through the Commission and the European Space Agency, Galileo should by the end of the decade have thirty operational satellites in middle-earth-orbits providing timing, positioning and navigation signals across the globe.

From the very beginning Galileo was envisaged in particular by the Commission as a public-private-partnership (PPP). On the one hand, a private concessionaire should operate the system as of full operational capability (originally …

A Model For Predicting The Evolution Of Multiple Cracks On Multiple Length Scales In Viscoelastic Composites, David H. Allen, C. R. Searcy

Department of Engineering Mechanics: Faculty Publications

A model is presented herein for predicting the evolution of numerous cracks on multiple length scales, the objective of such a model being to develop the capability to predict failure of structural components to perform their intended tasks. Such a capability would then be useful as a predictive tool for designing structural components so as not to fail, but rather to succeed in performing their intended tasks. The model developed herein is somewhat involved, being based in continuum mechanics and thermodynamics, but is nevertheless expected to be cost effective (wherever sufficient accuracy permits) when compared to more costly experimental means …