Digital Commons Network^™

Information Vaccine: Hiv/Aids And Libraries In Sub-Saharan Africa, Kendra S. Albright

Faculty Publications

No abstract provided.

A New I Do: Towards A Marriage-Neutral Income Tax, Shari Motro

Law Faculty Publications

The federal income tax system treats married couples as if each spouse earned approximately one-half of the couple's combined income through a mechanism called "income splitting. " For many one-earner and unequal-earner couples, income splitting produces a significant advantage, a "marriage bonus," by shifting income from higher to lower rate brackets. Marriage-based income splitting relies on a presumption that marriage is a good indicator of economic unity between two taxpayers. It is not. Marriage does not require spousal sharing, and many unmarried couples share everything they earn. As a result, the current system extends the benefit of income splitting to …

Speech Of Government Employees, Ann C. Hodges

Law Faculty Publications

For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.

Jurisdiction And Discretion In Hybrid Law Cases, John F. Preis

Law Faculty Publications

An everlasting debate in the federal courts field is which branch of the federal government has the power to control federal jurisdiction. While some commentators and judges assert that the judiciary has the implicit authority to refine the boundaries of its jurisdiction, others argue that Article III vests that authority with Congress only and judicial modification of jurisdiction is illegitimate. In focusing almost entirely on the constitutional legitimacy of the question, this debate has overlooked an important consideration: Even if the judiciary may legitimately wield discretion in setting its jurisdiction, is such discretion functionally appropriate?

This Article argues that such …

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

[Introduction To] On The Drafting Of Tribal Constitutions, Felix S. Cohen, David E. Wilkins (Editor)

Bookshelf

Felix Cohen (1907-1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His "Basic Memorandum on Drafting of Tribal Constitutions," submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen's papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with …

Bearded Ladies Walking On The Brooklyn Bridge, David G. Epstein

Law Faculty Publications

This article discusses the post-Restatement Second use, misuse, and abuse of the terms "bilateral contract" and "unilateral contract" and answers the hypotheticals in the first paragraphs of the article.

Ian Mckeever, Index No. 6a (Door), 1993, Gregory Robert Frederick

College of Education Faculty Research and Publications

No abstract provided.

Gustave Caillebotte, La Machine De Marly, Co. 1875, Janet Matthews

College of Education Faculty Research and Publications

No abstract provided.

The False Dichotomy Of Rape Trauma Syndrome, Holly Hogan

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's distinction between offensive and defensive uses of Rape Trauma Syndrome (RTS) testimony, arguing that this dichotomy is flawed. It contends that even testimony categorized as defensive often functions offensively by influencing the jury's perception of the victim's credibility. The article proposes a functional approach to evaluating RTS testimony, focusing on whether it vouches for the victim's credibility or explains counterintuitive behaviors, rather than adhering to the formal offensive/defensive framework.

Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. courts erred in dismissing the Joo case, which sought justice for Korean Comfort Women against Japan. It contends that the dismissals were based on flawed legal analyses, particularly regarding sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and the political question doctrine. The author advocates for the women's right to a judicial hearing under U.S. and international law, emphasizing the need for accountability for war crimes and crimes against humanity.

The Tale Of Two Systems: How Integrated Divorce Laws Can Remedy The Unintended Effects Of Pure No-Fault Divorce, Karen Turnage Boyd

Cardozo Journal of Equal Rights & Social Justice

The article critiques the unintended consequences of pure no-fault divorce laws, arguing that they fail to protect the economic and emotional well-being of innocent spouses, particularly women and homemakers. It advocates for an integrated divorce system that combines fault and no-fault grounds, using Georgia's approach as a model. This hybrid system would allow courts to consider fault in property distribution and spousal support, providing greater protections for vulnerable parties while maintaining the flexibility of no-fault divorce.

How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of lifetime or extended orders of protection in New York State to better safeguard domestic violence victims. It highlights the limitations of the current legal framework, which requires victims to repeatedly seek renewals of protective orders, and argues that longer or indefinite orders would reduce trauma and enhance safety. The analysis draws on comparative examples from states like New Jersey and California to support its proposal for stronger legal measures.

Blogs And The First Amendment, David L. Hudson Jr.

Law Faculty Scholarship

An essay discussing the First Amendment implications of blogs.

Helen Frankenthaler, Untitled, 1991, Sharon K. Chaplock

College of Education Faculty Research and Publications

No abstract provided.

Drinking From A Deep Well: The Public Trust Doctrine And Western Water Law, Carol N. Brown

Law Faculty Publications

American water law reflects the diverse geography and population patterns of this expansive country.1 In the eastern states, where water is rather abundant, the doctrine of riparian rights dominates water law.2 The arid western states, in contrast, rejected the doctrine of riparian rights in favor of the doctrine of prior appropriation due to a natural scarcity of water and increasing population growth.3 The western states provide fertile ground to consider the burdens of a rapidly growing region on already scarce water resources.4 My thesis is that the public trust doctrine is being underutilized by the states and that the optimal …

Initial Steps Towards An Assessment Of The Potential For A Collaborative Approach To Colorado Delta Ecosystem Restoration, Gregory S. Weber

McGeorge School of Law Scholarly Articles

No abstract provided.

"True Threats" And The Issue Of Intent, Paul T. Crane

Law Faculty Publications

This Note will proceed in five Parts. Part I will serve as a short introduction to the category of true threats and its place within First Amendment jurisprudence. Part II will examine the history of true threats and intent leading up to Virginia v. Black, highlighting the foundational opinion of Watts v. United States and the various intent approaches that became available in its wake. Part III will discuss the potential interpretations of the language in Black, and Part IV will explain how lower courts have treated the Court's definition of true threats in Black. Finally, Part V will address …

A Switch From Polyandry To Serial Monogamy: Results From A Three Year Tagging Study Of Horseshoe Crabs In Long Island Sound, Jennifer Mattei Ph.D., Paul Goodell, Christine Depierro, Meghann Burke

Biology Faculty Publications

Part of an ongoing population study of the North American Horseshoe Crab, Limulus polyphemus, in Long Island Sound was completed during the 2003 – 2005 spawning seasons at Milford Point, in Milford, CT. Horseshoe crabs range more widely throughout Long Island Sound than expected and exhibit weak site fidelity. Animals originally tagged in Milford were found as far west as Stamford and as far east as Clinton, CT. during the 3 year study. Out of 522 female horseshoe crabs tagged in 2004 only 4 came back to spawn again at Milford Pt. in 2005. The sex ratios of tagged and …

James Madison’S Celebrated Report Of 1800: The Transformation Of The Tenth Amendment, Kurt T. Lash

Law Faculty Publications

It has become commonplace to describe the Rehnquist Court as having staged a "Federalism Revolution." Although the current status of the Revolution is in dispute, historical treatment of the Supreme Court's jurisprudence under Chief Justice Rehnquist no doubt will emphasize a resurgence of federalism and limited construction of federal power. Cases like Gregory v. Ashcroft, New York v. United States, United States v. Lopez, Printz v. United States, Alden v. Maine, and United States v. Morrison all share a common rule of interpretation: Narrow construction of federal power to interfere with matters believed best left under state control. The textual …

Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue

Law Faculty Publications

Cumulative supplement to Jurisdiction in Civil Action Third Edition.

The Cost Of Our Counties, Katherine Mayse, Brian A. Hernandez, Mark Mahoney, Meredith Grunke, Michele Brown, Jessica Donovan, Danielle Welty, John Bender

College of Journalism and Mass Communications: Student Media

This series of 15 stories examines County government in Nebraska -- how it came to be as it is, what it does. what it costs, and what it means to the people who live in central and western Nebraska. The stories were reported and written by students in the Depth Reporting class at the University of Nebraska-Lincoln College of Journalism and Mass Communications. Cooperating in publication of the 15-part series were the Kearney Hub, North Platte Telegraph, and Scottsbluff Star-Herald.

Contents
Series looks at questions of state's county structure
Despite job's big changes, career lawman still is …

Front Matter, North American Bird Bander

North American Bird Bander

No abstract provided.

Back, North American Bird Bander

North American Bird Bander

No abstract provided.

Front, North American Bird Bander

North American Bird Bander

No abstract provided.

Back, North American Bird Bander

North American Bird Bander

No abstract provided.

Back, North American Bird Bander

North American Bird Bander

No abstract provided.

Evidence For Association Between The Hla-Dqa Locus And Abdominal Aortic Aneurysms In The Belgian Population: A Case Control Study, Toru Ogata, Lucie Gregoire, Katrina Ab Goddard, Magdalena Skunca, Gerard Tromp, Wayne D. Lancaster, Antonio R. Parrado, Qing Lu, Hidenori Shibamura, Natzi Sakalihasan, Raymond Limet, Gerald L. Mackean, Claudette Arthur, Taijiro Sueda, Helena Kuivaniemi

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Chronic inflammation and autoimmunity likely contribute to the pathogenesis of abdominal aortic aneurysms (AAAs). The aim of this study was to investigate the role of autoimmunity in the etiology of AAAs using a genetic association study approach with HLA polymorphisms.

Methods

HLA-DQA1, -DQB1, -DRB1 and -DRB3-5 alleles were determined in 387 AAA cases (180 Belgian and 207 Canadian) and 426 controls (269 Belgian and 157 Canadian) by a PCR and single-strand oligonucleotide probe hybridization assay.

Results

We observed a potential association with the HLA-DQA1 locus among Belgian males (empirical p = 0.027, asymptotic p = 0.071). Specifically, there …

Do You Want Spam With That - The Can-Spam Act, Preemption, And First Amendment Commercial Speech Jurisprudence Concerning State University Anti-Solicitation E-Mail Policy, Dan Hopper

SMU Law Review

No abstract provided.