Digital Commons Network^™

God And War In The Old Testament, Pierre Winandy

Perspective Digest

No abstract provided.

The Personhood Of The Holy Spirit And Why It Matters, Ron E. M. Clouzet

Journal of the Adventist Theological Society

No abstract provided.

Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg

NYLS Law Review

No abstract provided.

Organizations, Movements, And Networks, Charles Heckscher

NYLS Law Review

No abstract provided.

The Role Of International Law In Post-Conflict Constitution-Making: Toward A Jus Post Bellum For “Interim Occupations”, Jean L. Cohen

NYLS Law Review

No abstract provided.

Class Warfare 1988-2005 Over Top Individual Income Tax Rates: Teeter-Totter From Soak-The-Rich To Robin-Hood-In-Reverse, John W. Lee Iii

UC Law Business Journal

The Tax Reform Act of 1986 effected for highest income individuals parity of tax treatment as to ordinary and capital gains income, thus ending the sixty-five year horizontal and vertical inequities described in "The Capital Gains 'Sieve' and the 'Farce' of Progressivity 1921-1986," 1 Hastings Bus. L. J. 1. This article examines the income tax rate wars 1988-2005, which destroyed this parity. During this latter period, political factions developed "fairness" rhetoric and "class warfare" counter rhetoric. This article analyses the cause and effects of the changes to the tax law from 1988-2005.

Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller

UC Law Business Journal

Austin Instrument, Inc. v. Loral Corp. is a favorite among Contracts casebooks because the New York Court of Appeals held that it was a "classic" example of economic duress. The close division of judicial opinion suggested, however, that there was a more complex story behind the Court of Appeals' recitation. Indeed, revisiting the case reveals a rich and intricate story. Why were Austin and Loral litigating so fiercely over roughly $22,000? Was it possible that the threat of Austin, a small, privately held company, could coerce Loral, a large, publicly traded company? What influence did the conflict in Vietnam have …

Sophie Treadwell's Machinal: Electrifying The Female Body, Katherine Weiss

ETSU Faculty Works

Excerpt: The American playwright and journalist Sophie Treadwell dedicated her literary career to exploring the lives and motives of lonely and trapped individuals.

The Proliferation Security Initiative: A Model For International Cooperation, John Yoo, Glenn Sulmasy

Hofstra Law Review

No abstract provided.

New Paradigms For The Jus Ad Bellum?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

I am delighted to be here today to honor Ed Cummings, a wonderful colleague and a source of great wisdom for so many of us. I first worked with Ed in the Legal Adviser's Office in the late 1980s. More than fifteen years later, Ed is still the person I turn to for insight on the most difficult issues in the law of armed conflict. Most memorably of all, while serving at the National Security Council in 1999, I worked closely with Ed in achieving an important treaty milestone: the Procotol restricting the use of child soldiers in armed conflict …

Unitariness And Myopia: The Executive Branch, Legal Process And Torture, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

What promotes legality on the part of government under strain? This Article looks to the role of intra-executive processes in facilitating well-reasoned, legitimate conclusions on questions like the one addressed in this symposium: What are the legal authorities and limits governing coercive interrogation tactics? Admittedly, even the best legal processes are no guarantee of good substantive outcomes. Many critics would disagree with the substance of the executive's August 1, 2002, legal position on coercive interrogation no matter how it was derived. And even were all the best processes faithfully adhered to in developing the government's legal position on torture, it …

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Fordham International Law Journal

Our specific topic is Guantanamo, but in my brief remarks I would like to take the long view of U.S. counterterrorism policy (including Guantanamo) and link it to the question of the compliance of the United States, as today's superpower, with international human rights norms, its relationship to the United Nations and, speaking very broadly, international law norms as conceived by the international community. This is partly a question of the relationship of U.S. counterterrorism policy to international law. But it is also a question of the relationship of the superpower to the rest of the international community, and in …

Volunteerism To Professionalism : The Dakota And North Dakota National Guard, 1885-1916, David L. Betz

Theses and Dissertations

No abstract provided.

Global And Going Nowhere: Sustainable Development, Global Governance &(And) Liberal Democracy, James C. Kraska

Denver Journal of International Law & Policy

No abstract provided.

From Orthodoxy To Heresy: A Theological Analysis Of Sonnets Xiv And Xviii, Timothy J. Burbery

English Faculty Research

The commentary on Milton's eighteenth sonnet ("On the Late Massacre' in Piedmont") is rich and extensive. Kester Svendsen's often cited 1945 essay, the first close reading of the poem; ushered in many other interpretations of its biblical imagery, as well as speech-act analyses, reader- response discussions, and at least one Foucaldian study. Yet even though a religious conflict inspired the sonnet, and although numerous interpreters have paid close attention to the work's biblical texture, no sustained theological account of the poem has been offered. The present essay seeks to fill that gap by examining the work in light of two …

Winston Churchill And Social Reform, Patrick Winston Kelso

Honors Theses

The purpose of this Senior Honors Thesis is to examine the role of Winston Churchill in regards to social reform in Twentieth Century Britain. Although many books have been written on Churchill’s life, few specifically speak to his role in domestic politics. Often times Churchill’s role as Prime Minister during World War II overshadows his lengthy parliamentary career. This study will attempt to explain the role Winston Churchill played i__ domestic politics in respect to social reform and the rise of the British welfare state. Biographies, academic journal articles, books, memoirs, speeches, archival material, as well as books by the …

The Changing Relationships Of Women Helping Women: Patterns And Trends In Domestic Violence Advocacy, Jennifer Rose Wies

University of Kentucky Doctoral Dissertations

This research explores the themes of participation and professionalization as they intersect with power in domestic violence advocacy by using a case study from one region in Kentucky. Throughout this dissertation, I investigate the ways political and economic pressures influence local domestic violence advocates and the ways these macro-level pressures influence 1) an advocate's level of participation in the organization and 2) a transition in social service provision to a professional model of advocacy. The research illustrates that the nature of domestic violence service provision is changing in the United States as a result of the increasingly privatized nature of …

Why Kelo Is Not Good News For Local Planners And Developers, Daniel H. Cole

Articles by Maurer Faculty

When the Supreme Court announced its 2005 decision in Kelo v. City of New London, few legal scholars were surprised at the outcome, which was premised on precedents extending back to the middle of the 19th century. Legal scholars were surprised, however, by the intense political reaction to Kelo (fueled substantially by Justice O'Connor's hyperbolic dissent), as property-rights advocates, legislators (at all levels of government), and media pundits assailed the ruling as a death knell for private property rights in America.

Kelo's combination of relative legal insignificance and high political salience makes it an interesting case study in cross-institutional dynamics, …

Liberian Refugees In The Red River Valley : A Geogrpahy[Sic] Of Hope, Lane D. Cowger

Theses and Dissertations

No abstract provided.

Papua New Guinea: Weak, Failing, Failed? : An Examination Of Failed State Theory And The Usefulness Of The Failed States Index, Maria Sussanna Tulkiewicz

Theses : Honours

This thesis examines the problem of failed and failing states set against the 'theory' that has accompanied this discourse. It uses a case study of Papua New Guinea (PNG) to examine both the theory and its related application in the Failed States Index (FSI) developed by the Fund for Peace and the Foreign Policy magazine. Critically examining the methodology used in the FSI, the thesis analysis a wide range of information about the social, economic and political problems facing PNG to highlight shortcomings in the current construction of the Index. These shortcomings are then used to highlight conceptual problems in …

Is The Ada Short-Sighted? An Analysis Of Sightline Regulations In Movie Theaters, Michael D. Driver

Vanderbilt Journal of Entertainment & Technology Law

In Part I, the history of disability law in the United States will be discussed, following the decision of Brown v. Board of Education until the passage of the ADA. The purpose and contents of the ADA will, in pertinent part, then be discussed, as will the language of the Act that caused the circuits to split and the language of the Act as it now stands. The contents of the circuit court cases from the First, Fifth, Sixth, and Ninth Circuits will be analyzed, separating the circuits into majority (First, Sixth, and Ninth Circuits) and minority (Fifth Circuit) positions. …

Through The Eyes Of A Renaissance Prophet: Fra Girolamo Savonaorla And The Compendium Of Revelation, David Fear

Electronic Theses and Dissertations

This thesis provides the historiographical background and historical context necessary to undertake an examination of Savonarola's Compendium of Revelations and evaluate it as a work of the Italian Renaissance. It conducts such an examination and reaches the conclusion that Savonarola should be used as an example of a figure who, like the age of the Renaissance itself, represented a significant break with the medieval world while still being influenced by it. His political, social, and religious views all show both the influence of the medieval world and the underpinnings of the modern. The analysis is influenced by intellectual, religious, and …

The Campaign To Restrict The Right To Respond To Terrorist Attacks In Self-Defense Under Article 51 Of The U.N. Charter And What The United States Can Do About It, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Article 51 of the United Nations Charter preserves the right of nations to use military force in self-defense. This broad language would appear to allow nations to use military force in self-defense in response to "armed attacks" by terrorists. But a significant problem has developed over the past twenty years. In a series of resolutions and judicial decisions, organs of the United Nations have attempted to read into Article 51 four very significant and dangerous limitations on the use of military force in self-defense. These limitations find no support in the language of Article 51, they do not accord with …

His/Wst 4845 : Women And Gender In Modern Europe, History

Approved Course Proposals

No abstract provided.

Alaskan Eskimo And Polynesian Island Population Skeletal Anatomy: The "Pacific Paradox" Revisited Through Surface Area To Body Mass Comparisons, Wendy Nicole Leach

Graduate Student Theses, Dissertations, & Professional Papers

This project is an attempt to re-examine the “Pacific Paradox”, as proposed by Philip Houghton (1996), through various morphological measurements on two climatically different populations, Alaskan Eskimo and Pacific Island groups. The “Pacific Paradox” has been widely discussed, but research using direct comparisons between this Pacific population and cold climate groups has received little attention. The methods employed are those preformed by Ruff (1994), Ruff et al (1991, 2004, 2005) and Houghton (1996) to create the most accurate determination of overall body form in both populations. Eight measurements were used to construct variables to create an accurate portrayal of overall …

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 …

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 …

Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen

Faculty Publications

Can international law be used to address conflicts that arise out of questions of the freedom of religion? Modern international law was born of conflicts of politics and religion. The Treaty of Westphalia, the seed from which grew today's systems of international law and international relations, attempted to set out rules to end decades of religious strife and war across the European continent. The treaty replaced empires and feudal holdings with a system of sovereign states. But this was within a relatively narrow and historically interconnected community: Protestants and Catholics, yes, but Christians all. Europe was Christendom.

To what extent …

The New Reality Of International Telecommunications Strategy, Robert C. Fonow

Defense and Technology Papers

This paper considers the relative decline of American Telecommunications leadership from geopolitical and technical perspectives. This decline is important to recognize and understand because it is masked by the achievements of the American economy and U.S. military successes since the end of the Cold War.

Restructuring Special Operations Forces For Emerging Threats, David Tucker, Christopher J. Lamb

Strategic Forums

Special Operations Forces (SOF) are vital for combating terrorism and the proliferation of weapons of mass destruction. SOF prominence in these missions has only grown since September 11, 2001, when the Nation realized its unprecedented power did not shield it from devastating unconventional attacks. While SOF are consumed by their operations in the war on terror, national leaders need to acknowledge neither Washington nor U.S. Special Operations Command (USSOCOM) is organized for optimal use of SOF.