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Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar

Faculty Scholarship

This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …

Checks And Balances: Congress And The Federal Court, Paul D. Carrington

Faculty Scholarship

This essay was published as a chapter in Reforming the Supreme Court: Term Limits for Justices (Paul D. Carrington & Roger Cramton eds, Carolina Academic Press 2006). Its point is that Congress has long neglected its duty implicit in the constitutional doctrine of separation of powers to constrain the tendency of the Court, the academy and the legal profession to inflate the Court's status and power. The term "life tenure" is a significant source of a sense of royal status having not only the adverse cultural effects noted by Nagel, but also doleful effects on the administration and enforcement of …

The Kyoto Protocol's Clean Development Mechanism: Prospects For Japan-Philippines Partnership, Rosalina Palanca-Tan

Economics Department Faculty Publications

The Kyoto Protocol's Clean Development Mechanism (CDM) is a system by which a developed country can earn carbon emission reduction (ER) credits through an emission-mitigating project undertaken in a developing country. While allowing developed countries to meet their Kyoto Protocol commitments at less cost, CDM benefits the host developing countries with new capital investments and the transfer of clean technologies. In view of the potential supply of ERs on the Philippine side and a pressing demand on Japan's side, this article explores the relatively low level of CDM cooperation between the Philippines and Japan, and suggests ways of moving forward.

Beautiful Noise, Will Swanson

Contemporary Aesthetics (Journal Archive)

This article aims to explore the nature of discordant sound, such as guitar feedback, in several respects: its status as music, its status as art and the extremely interesting aesthetic responses it evokes. I will argue for its value as an art form on the grounds that: (1) it is a neglected and overlooked area of music in terms of philosophical aesthetics; (2) it raises some interesting ontological questions about the nature of artworks; and (3) it highlights some key aspects of aesthetic responses, e.g., emotions and the body. Examining the works of such music artists as The Jesus and …

Gesture, Pulsion, Grain: Barthes' Musical Semiology, Michael Szekely

Contemporary Aesthetics (Journal Archive)

Although Barthes is perhaps best known as a semiotician, he is paradoxically always in search of precisely that which defies the constraints of language, whether art, signs or, in fact, language itself. Enter the relevance of music for Barthesian aesthetics. Barthes called for a "second semiology," in contrast to the classical semiology, which would explore "the body in a state of music." In this essay, I explore Barthes' musical semiology in terms of key concepts, including gesture, pulsion, grain, and jouissance. I extend the relevancy of Barthes' concepts, often articulated within the context of the Western classical musical tradition, to …

Reflections On An Aesthetics Of Touch, Smell And Taste, Mădălina Diaconu

Contemporary Aesthetics (Journal Archive)

Modern aesthetics regards sight and hearing as the only senses which were able to produce art. Touch, smell and taste might offer pleasant stimuli, but can never achieve the status of art objects. What are the arguments for this rejection, and are they still sustainable? This paper focuses on the general and specific difficulties of forming an aesthetics of touch, smell and taste; some can be overcome, while others are still waiting for a proper answer. At the same time, artistic movements, as well as changes in recent discussions of the aesthetics of everyday life prove the necessity of extending …

Interrupting Danto's Farewell Party Arrangements: Comments For Grigoriev, Kalle Puolakka

Contemporary Aesthetics (Journal Archive)

This paper is a response to Serge Grigoriev's article "Living Art, Defining Value: Artworks and Mere Real Things" (Contemporary Aesthetics Volume 3, 2005) in which he develops Joseph Margolis' provocative Danto-criticism. He especially criticizes Danto's art-philosophical starting point, the problem of indiscernibles, claiming that it presupposes an objective value judgment that cannot be maintained and that it misrepresents the way in which people interact with art. In this article, Grigoriev's argument is found lacking mainly on two grounds. First, it overlooks where the source of Danto's starting point lies; and second, I argue that it does not lead to the …

A Reply To Puolakka, Serge Grigoriev

Contemporary Aesthetics (Journal Archive)

No abstract provided.

A Plea For A Cognitive Iconology Within Visual Culture, Ian Verstegen

Contemporary Aesthetics (Journal Archive)

A place is needed for a 'cognitive iconology' within "visual culture." Like Logical Positivism before it, visual culture must reexamine its tacit assumption that conflation of psycho-sociological contributions to visual meaning is an adequate methodology, and that sociologism is a worthwhile overriding philosophy. Cognitive iconology isolates the psychological contribution to the study of images and does not monopolize it but isolates the foundational basis for it on which narrower interpretations must be built. With examples from the work of Titian, it is shown how the cognitive and 'cultural' contributions must work together to make meaning. Using the philosophy of Maurice …

The Color Of The Sublime Is White, Jeffrey Downard

Contemporary Aesthetics (Journal Archive)

In this paper, I examine Melville's discussion in Moby Dick of the whiteness of the whale from the perspective of a Kantian account of the sublime. My aim, in the first instance, is to see if the comparison helps to shed light on Melville's puzzling discussion of the color white and why this color serves to heighten the feeling of being overwhelmed by terror when confronted with something extremely large or powerful. In turn, I intend to use Melville's discussion of whiteness to put pressure on some of the philosophical assumptions behind a Kantian analysis of the sublime. In particular, …

Realism And The Riddle Of Style, Catharine Abell

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Internal Control Over Financial Reporting - Guidance For Smaller Public Companies, Volume I : Executive Summary, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

New Urbanist Zoning For Dummies, Michael Lewyn

Scholarly Works

No abstract provided.

Gambling For Certainty: Luck, Chance, And Uncertainty In Politics, Mindy Peden, Nicole M. Elias

Publications and Research

How much of what we do is the result of our will, and how much the result of chance or luck or fortune? This is a decidedly un-decidable question, but one that needs to be asked. The general assumption seems to be that a person's "lot" in life is physically, morally, politically, even romantically linked to choice. But the use of the term "lot" betrays the underlying uncertainty of what "causes" our "lot", laying bare questions of responsibility, burden, and even explanation. Much (perhaps at the very least 50% according to Machiavelli) of what happens in our lives can be …

Event Planners' Ratings Of Destination Selection Variables: A Comparison Between Members Of Three Professional Association Groups, Marta Godlewska

Electronic Theses and Dissertations

Several researchers have attempted to understand the destination selection criteria that are important to event planners (Crouch & Ritchie, 1998; Getz, 2003; Oppermann, 1996). However, an examination of the previous studies indicated that only limited understanding of the destination selection criteria has been provided. There is little research that compares event planners belonging to different professional associations and their rating of destination selection criteria. This study examined the differences that exist between three groups of event planners in rating thirteen destination selection variables. The study provides more understanding in the search of an optimal combination of destination selection mix based …

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 …

Every Dog Can Have Its Day: Extending Liability Beyond The Seller By Defining Pets As "Products" Under Products Liability Theory, Jason Parent

Animal Law Review

Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and, as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animals’ propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering …

2005-2006 Legislative Review, Sunrise Cox

Animal Law Review

No abstract provided.

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 …

There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases, Lynn A. Epstein

Animal Law Review

Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The …

The Ethical Case For European Legislation Against Fur Farming, Andrew Linzey

Animal Law Review

In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms.

"If The Train Should Jump The Track.. .": Divergent Interpretations Of State And Federal Employment Discrimination Statutes, Alex B. Long

Georgia Law Review

As interpretational issues surrounding federal employment discrimination statutes have become more complex and controversial, there have arisen more opportunities for parallel state anti-discrimination law to jump the track" and take alternative courses. Not surprisingly, when dealing with their own parallel state statutes, a number of state appellate courts in recent years have chosen this course of action. Even where state and federal employment discrimination have not yet taken different paths, the potential for such divergent interpretations of state and federal anti-discrimination law has increased in recent years to the point where we may enter an era not unlike that of …

Redefining Physicians' Duties: An Argument For Eliminating The Physician-Patient Relationship Requirement In Actions For Medical Malpractice, Patrick D. Blake

Georgia Law Review

Nearly every state requires a patient to prove the existence of a formal physician-patient relationship in order to proceed with a claim for medical malpractice. In the absence of such a relationship, a physician's actions are measured by an ordinary negligence standard instead of the professional standard of care. Because courts have traditionally held that independent medical examinations, such as pre-employment health screenings, do not give rise to formal physician-patient relationships, individuals undergoing these examinations have been prevented from bringing malpractice claims against physicians who fail to disclose important health information detected during the examination. Recently, a small number of …

The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin J. Heller

Georgia Law Review

It may seem odd to begin a discussion of whether the President should have the power to act extraconstitutionally in times of necessity with a quote from The Dwarfs. As I researched this Comment, though, I could not escape the uneasy feeling that I was witnessing what could only be described as a Pinteresque conversation-a conversation in which Professor Levinson and his interlocutors, "while exchanging remarks apparently on a common topic, and using mutually comprehensible vocabulary, are revealed as experiencing a profound failure to communicate with one another."2 Professor Levinson wants to find a workable balance between constitutional restraints and …

Time To Look Abroad? The Legal Regulation Of Emergency Powers, William E. Scheuerman

Georgia Law Review

The starting point for Professor Levinson's thought-provoking ruminations on emergency power and constitutionalism is his deep skepticism about the Bush Administration's legal response to 9/11.1 In the context of the "war on terror," Professor Levinson accurately recounts, the Administration has claimed the right to override both longstanding domestic and international legal commitments.2 Even strict prohibitions on torture, it seems, are not exempt from the President's constitutionally based prerogative as "Commander in Chief to keep the nation out of harm's way, and only he apparently possesses the rightful authority to determine the fate of accused terrorists. Although many constitutional lawyers will …

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 …

The Deepening Crisis Of American Constitutionalism, Sanford Levinson

Georgia Law Review

Events since my Sibley Lecture in March 2005 have only underscored the importance of the general topic "Constitutional Norms and Permanent Emergencies"-whatever the adequacy of my own analysis. Probably the most prominent example is the controversy generated by disclosure of the National Security Agency (NSA) surveillance of phone calls of American citizens, undertaken without a scintilla of judicial approval, and by the Bush Administration's defense of the surveillance in spite of legislation, the Foreign Intelligence Surveillance Act (FISA), that seems quite clearly to make it illegal.' Also noteworthy, however, is the Bush Administration's continued assertions that it simply does not …

Banishing Acts: How Far May States Go To Keep Convicted Sex Offenders Away From Children?, Bret R. Hobson

Georgia Law Review

Few legislative goals are more commendable than states' attempts to prevent child sexual abuse. Given the difficult nature of this problem, some judicial deference to legislative efforts is appropriate. Politicians, however, should not receive carte blanche to enact reactionary, overinclusive statutes of questionable efficacy. When laws such as residency restrictions target all convicted sex offenders who have already paid their debt to society, courts should closely examine whether such laws violate substantive due process and the Ex Post Facto Clause. Despite the difficulty in articulating a discrete fundamental right that is infringed by residency restrictions,these laws restrain the liberty of …