Digital Commons Network^™

The City Of God And The Cities Of Men: A Response To Jason Carter, Randy Beck

Georgia Law Review

Jason initially considers and rejects philosophical positions that call for citizens to put aside their religious beliefs when they participate in the political sphere.' He advocates, instead, the freedom to live a "religiously integrated existence" in all areas of life, including political life. Here, Jason reminds me of another Carter-Professor Stephen L. Carter of the Yale Law School. In The Culture of Disbelief, Professor Carter contends that "[in our sensible zeal to keep religion from dominating our politics, we have created a political and legal culture that presses the religiously faithful to be other than themselves, to act publicly, and …

A Reply To Professor Beck, Jason Carter

Georgia Law Review

The 2004 election reinvigorated the debate about Christianity's role in our nation's lawmaking. The election saw increased polarization between the secular left, and the politicized Christian right.' Evangelical Protestants voted overwhelmingly for the Republican candidate, George W. Bush, while the most secular voters voted overwhelmingly for John Kerry.2 The 2004 election emboldened the Christian right. In addition to what they believed was their crucial role in President Bush's victory, the Christian right celebrated the passage of constitutional amendments banning gay marriage in all eleven states where such amendments were on the ballot.? One leader of the Christian right stated that …

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

Georgia Law Review

The aftermath of Hurricane Katrina brought to the nation's attention the dangers of disease from unmanaged hazardous medical waste. Congress recognized this concern long ago when it passed the Medical Waste Tracking Act (MWTA), but since this program expired in the early 1990s, little of consequence has been done to regulate medical waste on the federal level. It is now time for a uniform federal system of medical waste regulation-one which (1) specifies minimum standards for handling, disposal, and treatment; (2) calls for nationwide tracking; (3) creates a regulatory framework for individual sources of medical waste; and (4) imposes civil …

United We Stand: The Interstate Compact As A Tool For Effecting Climate Change, Claire Carothers

Georgia Law Review

After United States withdrawal from the Kyoto Protocol, state and local governments began seeking regional solutions to address the mounting problem of climate change. The Regional Greenhouse Gas Initiative (RGGI), the most recent and ambitious of these cooperative efforts, is a voluntary interstate agreement dedicated to the establishment of carbon dioxide limits through a market based mechanisms. The proposed agreement, however, will likely encounter challenges under the Compacts Clause of the Constitution. While mere agreements between states do not require congressional consent, this Note argues that a plan or compact regulating emission controls in the absence of federal approval will …

Chicken Little Revisited: Nafta Regulatory Expropriations After Methanex, Jessica C. Lawrence

Georgia Law Review

In August, 2005, a NAFTA dispute-resolution panel handed down its decision in Methanex Corp. v. United States, holding that, inter alia, California's regulatory ban on the gasoline additive MTBE was not a regulatory expropriation under NAFTA's Article 1110. Many of NAFTA's supporters reacted jubilantly to the decision, claiming that it proved--contrary to the "doomsday predictions" of anti-NAFTA "Chicken Littles"--that the agreement's investment chapter does not interfere with states' ability to enact regulations designed to protect the public interest. Such elation, however, is premature. This Note explains how, far from having "consigned to the garbage heap" the idea that the regulatory …

Pakootas V. Teck Cominco Metals, Ltd.: Finding A Sustainable Solution To Transboundary Pollution, Kate Mcdonald

Georgia Law Review

Transboundary pollution has become an issue of increasing concern as scientists learn more about the global effects of industry pollutants and the harm they pose to human health. - Advances in our understanding of the environment opened the door to disputes over responsibility for prevention and mitigation of the harmful effects of pollutants and created a search for techniques for international conflict resolution. Recently, industrial pollution of the Columbia River resulted in a legal battle between Washington citizens and a Canadian corporation over who was financially responsible for restoring the health of a portion of the river lying within the …

"Anything Rather Than A Deliberate And Well-Considered Opinion" -- Henry Lord Brougham, Written By Himself, Fred C. Zacharias, Bruce A. Green

Faculty Scholarship

No abstract provided.

What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt

Faculty Publications

No abstract provided.

A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause

Faculty Publications

No abstract provided.

Judicial Accountability In A Time Of Legal Realism, William P. Marshall

Faculty Publications

No abstract provided.

Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller

Faculty Publications

No abstract provided.

Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller

Faculty Publications

High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such revisionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initiate a dialogue regarding how …

Mutual Dependency In Child Welfare, Clare Huntington

Faculty Scholarship

The child welfare system is in need of fundamental reform. To the great detriment of parents and children, in the current system the state waits for a crisis in a family and then intervenes in a heavy-handed fashion. The state pays scant attention to the prevention of child abuse and neglect. This article argues that the principle conceptual barrier to the adoption of a prevention-oriented approach to child welfare is the dominant conception of family autonomy, which venerates freedom from state control. This article proposes a novel reconfiguration of family autonomy that encourages engagement with the state, rather than simply …

Continued Vitality Of Structured Sentencing Following Blakely: The Effectiveness Of Voluntary Guidelines, The , John F. Pfaff

Faculty Scholarship

In two recent opinions, Blakely v. Washington and United States v. Booker, the U.S. Supreme Court effectively invalidated the binding nature of sentencing guidelines used by many states and the federal government over the past thirty years. Not surprisingly, numerous commentators have asserted that Blakely and Booker profoundly altered the nature of sentencing in the United States. But these claims have been made without any meaningful empirical consideration of whether viable alternatives exist. This Article fills that gap. It explores the extent to which voluntary, nonbinding criminal sentencing guidelines influence the sentencing behavior of state trial judges. In particular, it …

Vitality Of Voluntary Guidelines In The Wake Of Blakely V. Washington: An Empirical Assessment, The Articles On Guideline Operation Issues, John F. Pfaff

Faculty Scholarship

This Article explores the extent to which voluntary, non-binding criminal sentencing guidelines influence the sentencing behavior of state trial judges. In particular, it focuses on the ability of such guidelines to encourage judges to sentence consistently and to avoid improperly taking into account a defendant's race or sex. It also compares such guidelines to more-binding presumptive guidelines, which were recently found constitutionally impermissible in Blakely v. Washington. In general, the results indicate that voluntary guidelines are able to accomplish much, though not all, that presumptive guidelines were able to, especially with respect to sentence variation. For example, voluntary guidelines appear …

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. …

Fine Art And Processing Fluency: Symmetry And Contrast Influence Preference In Paintings, Jennifer Ann Grossheim

Dissertations and Theses @ UNI

How do we discern beauty? The question has been debated by competing theorists throughout the years. Recently, Reber, Schwarz, and Winkielman (2004) have proposed that beauty is a function of an individual's processing fluency. In other words, the more easily one first processes an image the more beautiful it is judged to be. The current research aimed to tests this hypothesis using selected works of fine art. Using self-reports, responses to altered and unaltered images were recorded. Images were either left intact or altered in order to reduce or increase their symmetry or figure-ground contrast-two elements considered to be hallmarks …

Two Economists, Three Opinions? Economic Models For Private International Law - Cross Border Torts As Example, Ralf Michaels

Faculty Scholarship

Many agree that private international law does a poor job of leading to good and predictable results. Can law and economics bring more scientific, objective foundations to the discipline? Economics, one may hope, can bring the conclusiveness to the field that doctrine could not. But even a fleeting review of existing studies reveals a discrepancy of views or economic approaches that mirrors the discrepancy in the traditional private international law doctrine. This article sets out to test whether different models lead to different outcomes. It makes arguments in three economic models - a private law model, an international law model, …

Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler

Faculty Scholarship

In this article, I argue that from 1992 (when the Lucas case was decided) and for almost ten years thereafter, what I call the "Scalian view" of property and justice dominated Supreme Court jurisprudence. Under this vision, property provides a concrete, objectively knowable, and immutable legal barrier which marks the line between protected individual interests and the exercise of collective power. If government transgresses this line, the individual is almost always deemed to have been wronged. And compensation is required, as a matter of "justice," under the Takings Clause. I argue that with the Court's decisions in Palazzolo and Tahoe …

Annual Reports Of The Town Of Seabrook, New Hampshire For The Year Ending December 31st, 2005 As Compiled By The Town Officers., Seabrook Town Representatives

Seabrook, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Larry Rivers And Frank O'Hara: Reframing Male Sexualities, Dong-Yeon Koh

Dissertations, Theses, and Capstone Projects

In 1970, Sam Hunter complained that the distinctive persona of proto-Pop artist Larry Rivers had overshadowed his artistic achievement. "Too often he has been taken as an engaging public performer", wrote Hunter, claiming that some critics "make the mistake of confusing his irrepressible exhibitionism with an imagined artistic flaw of fitful or unsteady inspiration". 1 This dissertation presents an alternative proposition regarding the relationship between Rivers' artistic persona and art: that an examination of Rivers' numerous activities inside and outside the artistic arena, such as poetry, jazz, and media, is indeed useful for understanding his work. Particularly, Rivers' involvement with …

Revista Digital Amigos - Vol 16, Número 5, Aspectos Culturales, Semos Unlimited

Amigos Revista Digital

Cover 1
Contenido 2
Las Escuelas Bilingües de Las Cruces 3
Mohandas Karamchand Gandhi 4,5,6
Aspectos Culturales Programa de Radio 7
Frosty de Nieve/Frosty the Snowman 8
Asuntos de la Medicina Tradicional y la Salud Mental 9
¡Nuevo México Feliz 94 Años! 10
Así es Nuevo México 11
North America 12
Unos Pensamientos para el Año Nuevo 13
Una Actividad: Manipular los Dichos 14
Trovo: El Café y el Atole 15
New Mexico Department of Game and Fish 16
Traditional Recipes 17
Federal Writers’ Project* 1
The Golden Image 18,19,20
Respuesta al Crucigrama 20
La Serie Matt the Rat 21 …

Hegel, Modernity, And Telos In Cormac Mccarthy’S Southwestern Novels: An Inquiry Into Mccarthy’S Philosophical Position, Ian K. Jensen

Graduate Student Theses, Dissertations, & Professional Papers

In this study, I examine the first four of Cormac McCarthy’s Southwestern or Western novels. I begin with Blood Meridian and continue with the three Border novels: All the Pretty Horses, The Crossing, and Cities of the Plain, often referred to as the Border Trilogy.

McCarthy’s erudite and sometimes inflorescent prose obscures attempts to decipher his philosophical viewpoint. I examine this viewpoint herein. In order to proceed with this project, I find value in G.W.F. Hegel’s thought, as well as his philosophical architecture and preoccupations.

Following the Introduction, my first Chapter discusses Hegel’s thought and our two-fold concern with it …

Lettie Conrad And Victorian Ideals In The American West, Jennifer Delaney Rose

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 …