Digital Commons Network^™

Remediation Of Aromatic Hydrocarbons In Low Permeability Soils: Updating The Remediation Decision Tree (Synthesis Study), Inez Hua, Andy Hopf

JTRP Technical Reports

Because of the large number of technologies for in situ remediation, the very different types of contaminants to which these technologies are applicable, and the wide range of field conditions, it can be difficult to choose an optimal technology for a specific site. Sorting and prioritizing the various factors which contribute to the success of a particular clean-up can be daunting. Furthermore, non-technical factors, such as those in the legal, political, or financial realm, may also influence which technology is ultimately chosen. Most in situ treatment methods are effective in permeable soil. However, much of Indiana soil is low-permeability, so …

Advanced Compaction Quality Control, Carlos Zambrano, Vincent P. Drnevich, Philippe L. Bourdeau

JTRP Technical Reports

This Synthesis Study gathered the current knowledge on the topic of Intelligent Compaction and provides INDOT with recommendations for action. It appears that totally embracing this technology at this time is premature. On the other hand, it also appears that prudent use of this technology could provide tremendous benefit-to-cost ratios over the long term and position Indiana as a leader among the States in adopting it. After examining the technological developments over the last decade it is concluded that Intelligent Compaction is a near certainty in the future. The big question is: When is the right time to begin working …

The Effectiveness And Criteria For Placement Of Raised Pavement Markers (Synthesis Study), Yi Jiang

JTRP Technical Reports

Raised pavement markers (RPM) are used in highway centerlines and edge lines as a traffic safety measure to provide more positive guidance for motorists in inclement weather and low light conditions. They have been widely applied by highway agencies as delineation treatments to improve driver preview distances. The Indiana Department of Transportation (INDOT) has installed RPMs on selected roadway sections primarily as position guidance devices in order to better guide drivers in night conditions. In Indiana, RPMs are installed on all interstate highways and multilane divided highways. However, RPMs are used on only a few of the Indiana’s two-lane highways. …

Journal Use By Graduate Students As Indicated By Masters’ Theses Bibliographies At An Urban Commuter College, 1991-2004., Ellen A. Sexton

Publications and Research

Citation analyses were carried out on master’s thesis in three disciplines, forensic psychology, forensic science and criminal justice, completed and deposited in John Jay library from 1991 to 2004. The aim was to determine the effect of availability of electronic journals on students’ choice of references. The number of journal citations and the ratio of journal articles to all citations was assessed. Criminal justice theses listed more citations that either science of psychology theses, but relatively fewer journal articles. An increase over time was seen in the number of journal articles cited and in the ratio of journal articles to …

Animal Law In Action: The Law, Public Perception, And The Limits Of Animal Rights Theory As A Basis For Legal Reform, Jonathan R. Lovvorn

Animal Law Review

No abstract provided.

Just Say Neigh: A Call For Federal Regulation Of By-Product Disposal By The Equine Industry, Mary W. Craig

Animal Law Review

This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted by-products of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine by-products by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal …

Confronting Barriers To The Courtroom For Animal Advocates, Delcianna J. Winders

Animal Law Review

On April 14, 2006, the Student Animal Legal Defense Fund of New York University School of Law hosted a symposium on how to overcome some common courtroom barriers faced by animal advocates. Panelists discussed cultural and legal transitions, legal standing for nonhuman animals, and potential causes of action. Symposium participants included prominent attorneys, authors, philosophers, and professors specializing in the field of animal protection law. The following articles have been adapted from transcripts of the symposium.

Confronting Barriers To The Courtroom For Animal Advocates: Introduction, Clayton Gillette, Joyce Tischler

Animal Law Review

Joyce Tischler describes the development of the field of animal law from the first animal law conference to its current recognition as one of today’s most important issues. Tischler traces the beginnings of animal law and its development, both parallel to and as part of the animal rights and protection movements. Tischler further explores common dilemmas facing animal lawyers and how these dilemmas, along with their responses, have helped shape animal law as we know it today.

Confronting Barriers To The Courtroom For Animal Advocates: Linking Cultural And Legal Transitions, Taimie Bryant, Una Chaudhuri, Dale Jamieson, Laura Ireland Moore, David J. Wolfson

Animal Law Review

Panelists: Taimie Bryant, Una Chaudhuri, and Dale Jamieson

Moderators: Laura Ireland Moore and David J. Wolfson

In this discussion, panelists explore the many viewpoints society holds with respect to nonhuman animals. The discussion broadly covers ethics and what constitutes ethical behavior in this regard. The question dealt with is, largely, what is the appropriate ethical model to use when arguing that animals deserve better treatment and expanded rights? Unlike parallel movements for human civil rights or women’s equality, the animal rights movement has much greater hurdles to overcome when it comes to arguing that animals deserve equal treatment under the …

Confronting Barriers To The Courtroom For Animal Advocates: Legal Standing For Animals And Advocates, David Cassuto, Jonathan Lovvorn, Katherine Meyer, Joyce Tischler

Animal Law Review

Panelists: David Cassuto, Jonathan Lovvorn, and Katherine Meyer

Moderator: Joyce Tischler

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal’s interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish …

Confronting Barriers To The Courtroom For Animal Advocates: Animal Advocacy And Causes Of Action, Carter Dillard, David Favre, Eric Glitzenstein, Mariann Sullivan, Sonia Waisman, Leonard Egert

Animal Law Review

Panelists: Carter Dillard, David Favre, Eric Glitzenstein, Mariann Sullivan, and Sonia Waisman

Moderator: Leonard Egert

In the third panel of the NYU Symposium, distinguished animal law professionals discuss various causes of action which may be used on behalf of animals in the courtroom. Panelists talk about traditional forms of standing, make suggestions for innovation using existing laws, and discuss visions of how they would like to see the law develop as it pertains to standing for animals.

The Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard, Jr

Georgia Law Review

Recent events like the Terri Schiavo case typify the familiar phenomenon of a matter of legal significance becoming the focus of attention on the part not only of the courts, but also of the public, the media, and the government. Legal contemplation tends to consider these and other legal disputes isolated from their community roots and insulated from their political implications. Most private disputes remain private, and do not attract the interest of the media or the political branches of government. The media's estimate of public curiosity, however, transforms a select number of disputes into high-profile cases, which leads to …

A Tragedy Of The Common: The Common Interest Rule, Its Common Misuses, And An Uncommon Solution, Nicole Garsombke

Georgia Law Review

Almost every state allows some form of the common interest rule, which protects communications and documents exchanged between attorney, client, and certain third parties from waiver of the attorney-client privilege. This Note is a critique of two important exceptions to privilege waiver, the common interest and coclient rules, and discusses the rationales and justifications for the exceptions, scenarios to which the exceptions apply, and other confusing elements of courts' applications and interpretations.An examination of the common interest and coclient rules in Georgia is provided to give a particular case study of the development and use of these two exceptions. Finally, …

Constitutional Norms In A State Of Permanent Emergency, Sanford Levinson

Georgia Law Review

Perhaps the most important constitutional issue of our time involves claims by the President to exercise power sufficient to confront ostensible 'emergencies" faced by the United States. One question is whether the Constitution grants the President sufficient powers. If not, are presidents justified in going 'beyond the Constitution"in order to do what they believe necessary in the given context? Professor Levinson demonstrates that debates about "emergency powers" have been a feature of our political system almost from its beginning. Many of those deemed our "greatest" presidents-Jefferson, Lincoln, and Franklin Roosevelt-have acted in questionable ways with regard to what might legitimately …

Meditations On Carl Schmitt, Mark Tushnet

Georgia Law Review

A spectre is haunting Professor Levinson - the spectre of Carl Schmitt. The German--or should it be Nazi? - constitutional theorist flits in and out of Professor Levinson's discussion. Professor Levinson has done yeoman work in bringing Schmitt's perspective to the attention of constitutional theorists. My comments offer my own reaction to what I take to be Schmitt's points, and in doing so may confirm Professor Levinson's assessment of Schmitt's importance today. I start with the sentence Professor Levinson quotes: "Sovereign is he who decides on the exception. Professor Levinson focuses on the first part of the sentence, because, in …

Protecting The Inner Environment: What Privacy Regulation Can Learn From Environmental Law, Dennis D. Hirsch

Georgia Law Review

This Article takes insights from the field of environmental law and applies them to the emerging area of privacy regulation. Professor Hirsch begins by showing that the information economy's negative impacts on personal privacy are analogous to the smokestack economy's harmful effects on the environment. He then identifies specific regulatory strategies pioneered in the environmental field and explains how to adapt them for use in protecting privacy

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 …

"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.

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

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 …

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 …

Direction Of Ghosts By Henrik Ibsen: Theatre Uni, Spring Semester 2004, Megan E. Schumacher

Dissertations and Theses @ UNI

The purpose of this study is to record and explain choices made in the direction of Ghosts by Henrik Ibsen. This creative thesis describes the director's process and includes a production journal, research and analysis, production goals and schedules, and a visual video recording of the production in performance. The goal of this process documentation is to provide the choices made through collaboration and authenticate those choices up to performances.

Ghosts was performed in the Bertha Martin Theatre located within the StrayerWood building as part of Theatre UNI's 2003-2004 season. Henrik Ibsen, the playwright, penned a domestic tale about a …