Digital Commons Network^™

Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian G. Ku, John Yoo

Hofstra Law Faculty Scholarship

The doctrines requiring judicial deference to executive interpretations of laws affecting foreign affairs, especially during wartime, have a solid and undisputed formal pedigree. But these doctrines also have a strong functional basis. The executive branch has strong institutional advantages over courts in the interpretation of laws relating to the conduct of war. Hamdan's refusal to give deference to the executive branch, if followed in the future, will further disrupt the traditional system of political cooperation between Congress and the President in wartime. It will raise the transaction costs for policymaking during war without any serious benefit and potentially at large …

The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer

Journal Articles

Consider two phrases in Professor Marie Failinger's charge to those of us discussing Jeffrey Stout's Democracy and Tradition, October 28, 2005, at Hamline University: (i) "How would we construct a real democratic sociality holding each other responsible for ethical life that would warrant trust in democracy? . . . and, (ii) How do the religious traditions help us reflect on this issue?"

My reflection, probably sectarian, refers more to where we come from than to what we choose. The reference here is to three communities, none of which is primarily concerned with "real democratic sociality." But none of them is …

Books And Letters Vol. 20, No. 2, University Libraries, Molly Boyd, Anne Marie Candido, Tom W. Dillard, Juana R. Young, Andrea E. Cantrell, Russell Cothren, J. D. White, Lee Holt

Books and Letters

Forensic Anthropologist Speaks at Mullins Library; Educational Poster Series; Libraries Host International Visitors; Borchard Reception; Expanded Research Commons Brings More Students to Library; Art Exhibits Enliven Student Experience; Processing the Hammerschmidt Papers; Save The Date: Arkansas Architecture Conference; New Head of Library Systems Welcomed; Stay More Booklets Issued, Researcher Publishes Letters from Special Collections; Pi Mu Epsilon Creates Runcinated Dodecaplex; A Note of Thanks!

Torturing The Law, Jose A. Alvarez

Case Western Reserve Journal of International Law

No abstract provided.

War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

American Innocence, Robert N. Strassfeld

Case Western Reserve Journal of International Law

No abstract provided.

Dangerous World Of Indefinite Detentions: Vietnam To Abu Ghraib, The, Jennifer Van Bergen, Douglas Valentine

Case Western Reserve Journal of International Law

No abstract provided.

Guantanamo And Citizenship: An Unjust Ticket Home, Rory T. Hood

Case Western Reserve Journal of International Law

No abstract provided.

Bioterror And “Bioart”: A Plague O' Both Your Houses, George J. Annas

Faculty Scholarship

Since September 11, 2001, the threat of bioterrorism has caused Congress and the President to dramatically increase research funding for countermeasures, including funding for new biosecurity laboratories. The new kind of war against non-state actors who use terror to intimidate populations has also made the creation of new ethical and legal rules for researchers seem critical. New laws have been passed, and there have been proposals for new codes of ethics for bioterrorism-related research. Almost five years after September 11, however, the outcome of the development of new research rules remains uncertain.

Human Rights And Transnational Culture: Regulating Gender Violence Through Global Law, Sally Engle Merry

Osgoode Hall Law Journal

In the current era of human rights activism, the global production of human rights approaches to violence against women generates a wide variety of localization processes. Activists translate between global discourses and local contexts and meanings. Culture is conceptualized in quite different and sometimes contradictory ways in this process. Essentialized ideas of culture inhibit recognition of the potential contributions of local cultural practices and provide justifications for groups to resist these changes. This article shows, with reference to a case study of Fiji, that a more anthropological conception of culture provides a better picture of the localization process and foregrounds …

Microsoft And Trinko: A Tale Of Two Courts, Spencer Weber Waller

Utah Law Review

Trinko's main defect is its attempt to radically redefine the law of monopolization while purporting to uphold established doctrine. It did far more than it had to and did it badly. Justice Stevens's opinion on standing would have sufficed, and in the alternative, the first few pages of the majority opinion would have sufficed once it found greater certainty in the regulatory provisions of the Telecommunications Act. What follows is an ode to laissez faire that is in stark contrast to everything antitrust has stood for since its inception, regardless of one's opinions about the validity of any particular theory …

Re-Framing Windows: The Durable Meaning Of The Microsoft Antitrust Litigation, Harry First, Andrew I. Gavil

Utah Law Review

There is a larger lesson from the Microsoft prosecution, as well. Taking on monopoly fIrms that are important to the economy is no easy task. The very exercise of private power that leads public enforcers to intervene remains available to make victory difficult and to re-frame even successful public enforcement efforts. While acknowledging these difficulties, the durable meaning of Microsoft must also include an understanding that the use of public power to control private power is at the core of antitrust's objectives; and that employing such public power staying one's hand-is ultimately a political, as well as a legal, act …

Re-Framing Windows: The Durable Meaning Of The Microsoft Antitrust Litigation, Harry First, Andrew I. Gavil

Utah Law Review

There is a larger lesson from the Microsoft prosecution, as well. Taking on monopoly fIrms that are important to the economy is no easy task. The very exercise of private power that leads public enforcers to intervene remains available to make victory difficult and to re-frame even successful public enforcement efforts. While acknowledging these difficulties, the durable meaning of Microsoft must also include an understanding that the use of public power to control private power is at the core of antitrust's objectives; and that employing such public power staying one's hand-is ultimately a political, as well as a legal, act …

Identification Of Structural And Antigenic Components Of Bacillus Anthracis Spores And Their Application To Rapid Detection Using Biosensors, Tracey Elizabeth Love

School of Biological and Marine Sciences Theses

The work presented in this thesis describes a rational design approach to the rapid detection of Bacillus anthracis spores. A range of assay formats are available for detection of B. anthracis, however none fulfil the criteria of speed, sensitivity or specificity. Optical biosensors have shown promise for the near real time detection of low molecular weight analytes, although exploitation of these systems for bacterial detection has been restricted due to a comparative lack of sensitivity. Electroporation was unsuitable as a disruption method for immunoassay based techniques, whereas preliminary experiments suggested sonication could be utilised. A novel tubular sonicator designed to …

Between Representation And Practice: Contesting Public Space In New Orleans' Jackson Square, Rebecca A. Sheehan

LSU Doctoral Dissertations

Recent geographic research on public space focuses largely on either the past or present. Using historical and ethnographic methods, I contribute to understanding public space over time from an everyday point of view, a variety of social scales. Further, departing from a generally political-protest focus that much geographic literature centers on, my study explores the multifaceted areas of the political, cultural, and economic in public space. Thus, I show that the need for public space expands beyond protest voices into other realms that form and inform identity. Through New Orleans’ Jackson Square, these prospects of public space demonstrate “a world …

Anti-Americanism: An Exploration Of A Contested Concept In Western Europe, Gregory Johnston

LSU Doctoral Dissertations

Despite its popular currency and salience, anti-Americanism is understudied and misunderstood by social scientists. Even within academia, studies of anti-Americanism are often polemic, and logically or methodologically flawed. Focusing on Western Europe, we argue that anti-Americanism is a public opinion phenomenon, and present a definition of anti-Americanism based on social psychology, and demonstrate how cognitive psychological processes shape anti-Americanism. We outline several predictors of anti-Americanism, processes of internal cognition, responses to international political events, patterns of interpersonal communication and information diffusion, and the contextual role of ideology. We also observe the important implications European anti-Americanism has for support international institutions, …

A Collision Avoidance System For Autonomous Underwater Vehicles, Chiew Seon Tan

School of Engineering, Computing and Mathematics Theses

The work in this thesis is concerned with the development of a novel and practical collision avoidance system for autonomous underwater vehicles (AUVs). Synergistically, advanced stochastic motion planning methods, dynamics quantisation approaches, multivariable tracking controller designs, sonar data processing and workspace representation, are combined to enhance significantly the survivability of modern AUVs. The recent proliferation of autonomous AUV deployments for various missions such as seafloor surveying, scientific data gathering and mine hunting has demanded a substantial increase in vehicle autonomy. One matching requirement of such missions is to allow all the AUV to navigate safely in a dynamic and unstructured …