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Democracy As Problem Solving: Campaign Finance And Justice Breyer's Theory Of "Active Liberty", Robert F. Bauer

University of Miami Law Review

No abstract provided.

Transcript: Election Law Symposium February 19, 2005 -- Panel 3, Paul Smith

University of Miami Law Review

No abstract provided.

527s: The New Frontier For Election Law And Associational Rights, Adriana Riviere

University of Miami Law Review

No abstract provided.

Not Quite Shays' Rebellion: Putting Mcconnell V. Federal Election Commission In Perspective, Brandon L. Lowy

University of Miami Law Review

No abstract provided.

Amicus Briefs In Barrett V. Rosenthal, California Supreme Court

Historical and Topical Legal Documents

No abstract provided.

2006-2007 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2006-2007 graduate catalog for Morehead State University.

2006-2007 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2006-2007 undergraduate catalog for Morehead State University.

Rousseau's Gift To Geneva, Helena Rosenblatt

Publications and Research

People often seem to forget that Rousseau dedicated his Second Discourse to “The Republic of Geneva.” This is a shame because, in doing so, they miss precious clues not only about the meaning of the Discourse itself, but also about its place in Rousseau’s political thought as a whole.

It is no accident that Rousseau dedicated the Discourse on Inequality, his most radical work of all, to his hometown of Geneva; but it requires some research into the historical context to understand why. In Geneva a patrician ruling elite was using social contract theory to subvert the democratic principles …

Foreign Relations As A Matter Of Interpretation: The Use And Abuse Of Charming Betsy, Roger P. Alford

Journal Articles

Charming Betsy is a canon of construction that construes legislative enactments consistent with the law of nations. This canon promotes the passive virtue of avoiding constitutional problems by eschewing potential international law violations through statutory interpretation, thereby enhancing the United States' performance in foreign affairs. As a rule of separation of powers, Charming Betsy helps explain how foreign relations concerns clarify the scope of legislative, executive, and judicial authority. But when advocates contend that the Constitution likewise should be read through the lens of Charming Betsy, they abuse the doctrine by ignoring its purpose. While structural guarantees that relate to …

Participation, Claire Bishop

Publications and Research

An anthology of key writings on the topic of participation in art, from the 1950s to the 2000s.

A Theory Of Federal Common Law, Jay Tidmarsh, Brian J. Murray

Journal Articles

Federal common law is a puzzle. Despite Erie's declaration that "[t]here is no federal general common law,"' well-established and stable pockets of federal common law persist in several areas: cases affecting the rights and obligations of the United States,2 disputes between states, 3 cases affecting international relations,4 and admiralty.5 If anything, federal common law is expanding. Eighteen years ago, a case in which state law was in "significant conflict" with "uniquely federal interests" provided an occasion for the Supreme Court to create another form of federal common law.6 Five years ago, the Court added yet another piece to the puzzle, …

Orientalisms In The Interpretation Of Islamic Philosophy, Muhammad Ali Khalidi

Publications and Research

The recent death of Edward Said has reignited the debate as to whether his landmark work Orientalism still has something to teach us about the study of Arab-Islamic civilization. In this article, I will argue that Saidʼs central thesis in Orientalism has a direct explanatory role to play in our understanding of the work produced in at least one area of scholarship about the Arab and Islamic worlds, namely Arab-Islamic philosophy from the classical or medieval period. Moreover, I will claim that it continues to play this role not only for scholarship produced in the West by Western scholars but …

The Federal Constitutional Court: Guardian Of German Democracy, Donald P. Kommers

Journal Articles

Germany’s Federal Constitutional Court rivals the Supreme Court of the United States in protecting political democracy. Its jurisprudence of democracy has shaped the course and character of German politics while upholding the rule of law and defending the constitutionally prescribed “free democratic basic order.” In furtherance of these objectives, the Constitutional Court has invalidated regulations limiting the rights of minor parties and constitutionalizing measures designed to stabilize Germany’s system of parliamentary government. These purposes have been served by constitutional decisions on voting rights, public funding of election campaigns, dissolution of Parliament, and proportional representation, including the limiting 5 percent clause. …

Roman Catholic Lawyers In The United States Of America, Thomas L. Shaffer

Journal Articles

My agenda here is Roman Catholics in the American legal profession, from George Higgins's Jerry Kennedy to Judge Samuel Alito's joining the four other Catholics to make a majority on the federal Supreme Court. (I thought, as I said this in Washington, just before the Senate confirmation hearings in January 2006, that some in attendance may not have thought about this, and may have wanted to leap to their feet and phone their senators.)

Begin with ethnographic narrowing: When I talk about Catholic lawyers in the U.S., I mean to talk about descendants of the late immigrants—that is, people whose …

Refusals To Deal With Competitors By Owners Of Patents And Copyrights: Reflections On The Image Technical And Xerox Decisions, Joseph P. Bauer

Journal Articles

Under the patent and copyright laws, the owner of a patent for an invention or of a copyright for a work has the right to sell, license or transfer it, to exploit it individually and exclusively, or even to decide to withhold it from the public. By contrast, under the antitrust laws, a unilateral refusal to deal may constitute an element of a violation of Section 2 of the Sherman Act, and the courts may then impose a duty on the violator to deal with others, including possibly with its actual or would-be competitors.

The central question addressed by this …

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

Journal Articles

It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …

Judicial Activism And Its Critics, Kermit Roosevelt, Richard W. Garnett

Journal Articles

"Judicial activism," writes Professor Kermit Roosevelt, of Penn, has been employed as an "excessive and unhelpful" charge--one "essentially empty of content." As a substitute, Roosevelt reviews here the framework for analysis of Supreme Court opinions that receives fuller treatment in his recent book, The Myth of Judicial Activism. Professor Richard W. Garnett, of Notre Dame, is willing to go along with "much, though not all, of" Roosevelt's position. Ultimately, Garnett suggests "that 'judicial activism' might be salvaged, and used as a way of identifying and criticizing decisions...that fail to demonstrate th[e] virtue" of constitutional "humility."

Congressional Power And State Court Jurisdiction, Anthony J. Bellia Jr.

Journal Articles

Federal laws that regulate state institutions give rise to what the Supreme Court has described as the oldest question of constitutional law. In recent years, the Court has confronted questions of congressional power to regulate state legislatures and executives, but has not directly confronted any question of congressional power to regulate state courts. Since the Founding, questions of congressional power to regulate state court jurisdiction of Article III cases have arisen - most notably, congressional power to assign jurisdiction of federal criminal cases to state courts. Today, significant questions of congressional power to regulate state court jurisdiction over non-Article III …

Religion, Division, And The First Amendment, Richard W. Garnett

Journal Articles

Nearly thirty-five years ago, in Lemon v. Kurtzman, Chief Justice Warren Burger declared that state programs or policies could excessive(ly) - and, therefore, unconstitutionally - entangle government and religion, not only by requiring or allowing intrusive public monitoring of religious institutions and activities, but also through what he called their divisive political potential. Chief Justice Burger asserted also, and more fundamentally, that political division along religious lines was one of the principal evils against which the First Amendment was intended to protect. And from this Hobbesian premise about the inten(t) animating the First Amendment, he proceeded on the assumption that …

Assimilating Non-Probabilistic Assessments Of The Estimation Of Uncertainty Bias In Expert Judgment Elicitation Using An Evidence Based Approach In High Consequence Conceptual Designs, Colin K. S. Barrows

Engineering Management & Systems Engineering Theses & Dissertations

One of the major challenges in conceptual designs of complex systems is the identification of uncertainty embedded in the information due to lack of historic data. This becomes of increased concern especially in high-risk industries. This document reports a developed methodology that allows for the cognitive bias, estimation of uncertainty, to be elucidated to improve the quality of elicited data. It consists of a comprehensive literature review that begins by defining a 'High Consequence Conceptual Engineering Environment' and identifies the high-risk industries in which these environments are found. It proceeds with a discussion that differentiates risk and uncertainty in decision-making …

Oh. What A Tangled Web...The Continuing Evolution Of Personal Jurisdiction Derived From Internet-Based Contacts, Scott T. Jansen

Missouri Law Review

The explosive impact of the Internet has, by its very existence and lack of defining boundaries, opened the door to a fundamental shift in our traditional conceptions of commerce, interaction and accessibility to information. As the law struggles to address this medium of communication - as a realm unto itself requiring new law or simply as another method of communication to which we will apply traditional notions - technology continues to march forward. New conundrums seem to pop up each year, as the World Wide Web further invades daily life. Of course, the usual suspects are involved: free speech, privacy, …

Eighth Circuit Revisits Restoration Exception To Domestic Violence Gun Ban And Says Restore Means Restore, Natalie J. Nichols

Missouri Law Review

Under the Eighth Circuit's analysis and Missouri law, a person who did not go to jail following a domestic violence conviction may be forever barred from possessing a firearm, while a person who did serve jail time will be able to possess a firearm upon completion of the sentence.4 Several circuits have adopted the Eighth Circuit's reasoning. Others have attempted to avoid similarly odd results.5 For example, the First and Sixth Circuits have held that persons who have not lost their civil rights under state law may, nevertheless, be treated as having them restored in order to qualify for the …

Profiling Helper T Cell Subset Gene Expression In Deer Mice, Lauren Oko, Bethany Aduddell-Swope, Derall Willis, Robyn Hamor, Teresa A. Coons, Brian Hjelle

Biological Sciences Faculty Publications

BACKGROUND: Deer mice (Peromyscus maniculatus) are the most common mammals in North America and are reservoirs for several zoonotic agents, including Sin Nombre virus (SNV), the principal etiologic agent of hantavirus cardiopulmonary syndrome (HCPS) in North America. Unlike human HCPS patients, SNV-infected deer mice show no overt pathological symptoms, despite the presence of virus in the lungs. A neutralizing IgG antibody response occurs, but the virus establishes a persistent infection. Limitations of detailed analysis of deer mouse immune responses to SNV are the lack of reagents and methods for evaluating such responses.

RESULTS: We developed real-time PCR-based detection assays for …

Multiphysics Modeling And Simulation Of Pvdf (Polyvinylidene Fluoride) Volume Displacement Sensors, Ashutosh C. Phadke

Theses and Dissertations

No abstract provided.

Improving The Mechanical And Degradation Properties Of Poly (L-Lactide) By Copolymerization With Poly (Vinyl Pyrrolidone) Macroinitiators, Suman Sannigrahi

Theses and Dissertations

No abstract provided.

Geographic Variables Affecting Bald Eagle (Haliaeetus Leucocephalus) Nest Locations In The Red River Valley Of North Dakota And Minnesota, Josh Johnston

Theses and Dissertations

No abstract provided.

The Effectiveness Of The Domestic Violence Offender Treatment Program Curriculum, Chris Green

Theses and Dissertations

No abstract provided.

Herbert Hoover And The Conservative Response To The New Deal, John R. Hendrickson

Theses and Dissertations

No abstract provided.

A Study Of The Difference Between Adn And Bsn Nursing Students' Perceptions Of Nursing, Sara A. Gebhardt

Theses and Dissertations

No abstract provided.

Towards A Platform Specific Model For Java, Travis Dazell

Theses and Dissertations

No abstract provided.