Digital Commons Network^™

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 …

Monster At The Foot Of The Bed: Surviving The Challenge Of Marketplace Forces On Higher Education, Raoul A. Arreola

To Improve the Academy: A Journal of Educational Development

The impact of technology on society has caused a paradigm shift in the basic support for higher education. Where higher education was traditionally supported as a function of government, the knowledge explosion and global economy resulting from the impact of computer and other technologies is moving the underlying support of higher education to the marketplace. There is evidence that traditional academic strategies and practices that were successful under the old paradigm may no longer be working. Twelve suggestions are offered for revolutionary changes that the academy must make in order to survive, even thrive, in the new paradigm.

Perceptions Of Faculty Developers About The Present And Future Of Faculty Development At Historically Black Colleges And Universities, Phyllis Worthy Dawkins, Andrea L. Beach, Stephen L. Rozman

To Improve the Academy: A Journal of Educational Development

The development of faculty at Historically Black Colleges and Universities (HBCUs) has been a challenge and commitment since their inception before and after the civil war. Historically, faculty have assumed many roles, but they primarily sought to address the needs of black students. The HBCU Faculty Development Network, founded in 1994, has been instrumental in providing a platform to showcase accomplishments and challenges in education at this unique group of colleges and universities. To address future needs, we surveyed the membership to explore current program goals and influences, practices, and new directions. The results are compared with data for the …

Practicing What We Preach: Transforming The Ta Orientation, Patricia Armstrong, Peter Felten, Jeffrey Johnston, Allison Pingree

To Improve the Academy: A Journal of Educational Development

Brookfield (1995), Schön (1983), and others articulate the necessity and complexity of being critically reflective in our work. Indeed, the value of critical reflection is inherent to educational development as a field in that we frequently encourage such thinking in our consultations with instructors. But practicing what we preach can be difficult. This chapter reflects on an experiment in the transformation of a teaching assistant orientation, a central event of our teaching center. We not only describe and assess the process of revising this orientation, but we also reflect on the implicatiom of this case for broader programming issues in …

Distribution Of Boreal Toad Populations In Relation To Estimated Uv-B Dose In Glacier National Park, Montana, Usa, Blake R. Hossack, Stephen A. Diamond, Paul Stephen Corn

United States Geological Survey: Staff Publications

A recent increase in ultraviolet B radiation is one hypothesis advanced to explain suspected or documented declines of the boreal toad (Bufo boreas Baird and Girard, 1852) across much of the western USA, where some experiments have shown ambient UV-B can reduce embryo survival. We examined B. boreas occupancy relative to daily UV-B dose at 172 potential breeding sites in Glacier National Park, Montana, to assess whether UV-B limits the distribution of toads. Dose estimates were based on ground-level UV-B data and the effects of elevation, local topographic and vegetative features, and attenuation in the water column. We also …

Divergent Patterns Of Abundance And Age-Class Structure Of Headwater Stream Tadpoles In Burned And Unburned Watersheds, Blake R. Hossack, Paul Stephen Corn, Daniel B. Fagre

United States Geological Survey: Staff Publications

Wildfire is a potential threat to many species with narrow environmental tolerances like the Rocky Mountain tailed frog (Ascaphlls montanlls Mittleman and Myers, 1949), which inhabits a region where the frequency and intensity of wildfires are expected to increase. We compared pre- and post-fire counts of tadpoles in eight streams in northwestem Montana to determine the effects of wildfire on A. montanus. All streams were initially sampled in 2001, 2 years before four of them bumed in a large wildfire, and were resampled during the 2 years follo\ving the fire. Counts of tadpoles were similar in the 1\\'0 …

A Review Of Achievement Goal Theory In Physical Education, Julie A. Jahn

Graduate Research Papers

Terrell H. Bell once said there are three things to remember about education. The first one is motivation. The second one is motivation. The third one is motivation. These simple, yet profound words state the clear truth about the journey through education. To teachers, students, administrators, or parents - these words speak volumes. Motivation can be viewed as students' biggest asset or their biggest problem. All children are motivated to do something; however it may not always be what the teacher desires. Teachers want their students to achieve the product of learning, but they also want them to enjoy and …

Supremacy And Diplomacy: The International Law Of The U.S. Supreme Court, Harlan G. Cohen

Faculty Scholarship

In 2003-2004, a Presidential campaign year dominated by debates about international affairs and international law, the U.S. Supreme Court took an unusual number of cases of international import. The Court considered the Alien Tort Claims Act and the future of human rights suits in U.S. courts, the applicability of the Foreign Sovereign Immunity Act to claims involving Nazi-stolen artwork, the applicability of American antitrust law to foreign anticompetitive activity, and the legality of the Guantanamo detentions. A great deal of ink has been spilled analyzing the individual impacts of each of these cases. What has been less considered is how …

City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster

Faculty Scholarship

One of the goals of land use (and pollution control) law is to force the internalization of these costs. This otherwise economic view of land use law is also rooted, however, in an ecological understanding of urban land use. Legal scholars writing over three decades ago successfully argued, based upon the ecological facts of life, that "[p]roperty does not exist in isolation" because the effects of its uses flow outside of the boundaries of ownership. The notion that property is inextricably part of a network of social and economic relationships, and that its impacts traverse legally defined boundaries and relationships, …

Court-Ordered Confidentiality In Discovery Symposium: Secrecy In Litigation: I: Article, Howard M. Erichson

Faculty Scholarship

The debate over discovery confidentiality has raged for over twenty years, since before the Supreme Court's decision in Seattle Times Co. v. Rhinehart, and it shows no sign of fading. If anything, issues of litigation confidentiality appear to have gained increased attention in recent years. The United States District Court for the District of South Carolina attracted nationwide attention in 2002 when it adopted a local rule severely restricting secret settlements and addressing other aspects of court-ordered confidentiality. In 2004 the Federal Judicial Center completed an empirical study of sealed settlements. It seems that each month of 2005 brought new …

Safe-Conduct Theory Of The Alien Tort Statute, The, Thomas H. Lee

Faculty Scholarship

In this Article, Professor Lee introduces a novel explanation of the Alien Tort Statute (ATS) - a founding-era enactment that has achieved modern prominence as a vehicle for international human rights litigation. He demonstrates how the statute was intended to address violations of something called a "safe conduct" - a sovereign promise of safety to aliens from injury to their persons and property. The safe-conduct theory advances a new modern role for the ATS to redress torts committed by private actors - including aliens - with a U.S. sovereign nexus, and not for international law violations committed by anyone anywhere. …