Digital Commons Network^™

Limits Of Private Law: Enriching Legal Dogmatics, Marc A. Loth

Hofstra Law Review

No abstract provided.

The Paradoxes Of Cultural Property, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

Many current cultural disputes sound in the legal language and logic of discrimination or hate speech. The focus of this essay is on the claims made explicitly or implicitly on the basis of cultural property. The problem with using ideas of cultural property to resolve cultural disputes is that cultural property encourages an anemic theory of culture so that it can make sense as a form of property. Cultural property is a paradox because it places special value and legal protection on cultural products and artifacts but does so based on a sanitized and domesticated view of cultural production and …

Creativity And Culture In Copyright Theory, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Creativity is universally agreed to be a good that copyright law should seek to promote, yet copyright scholarship and policymaking have proceeded largely on the basis of assumptions about what it actually is. When asked to discuss the source of their inspiration, individual artists describe a process that is intrinsically ineffable. Rights theorists of all varieties have generally subscribed to this understanding, describing creativity in terms of an individual liberty whose form remains largely unspecified. Economic theorists of copyright work from the opposite end of the creative process, seeking to divine the optimal rules for promoting creativity by measuring its …

Noncommunicable Diseases And Injuries: Action Needed In South Asia Too, Ali Khan Khuwaja, Riaz Qureshi, Zafar Fatmi

Community Health Sciences

No abstract provided.

Vincentiana Vol. 51, No. 5 [Full Issue]

Vincentiana

No abstract provided.

The Stones And The Bones: Contemporary Issues In Cultural Property, Christopher Michael Blocker

Honors Theses

Cultural property has recently become an important issue in the international community. Major museums across the United States, including the Metropolitan Museum of Art and the J. Paul Getty Museum, have been involved in litigation or settled out of court with foreign governments who claim objects in their museums' collections were looted or stolen from native soil. The topic of repatriation occupies one aspect of the thesis. Another section is concern with the philosophical framework within which people may think about cultural property and its implications, as well as about vital issues in ownership. The major part of the thesis …

Beyond "Vectors Of Transmission" Through Commercial Sex: Exploring Models Of Sexual Risk Taking With Clients And Casual Partners Among Internet Based Male Sex Workers, David S. Bimbi

Dissertations, Theses, and Capstone Projects

Male sex workers (MSWs) have often been portrayed as vectors of disease although most published studies have reported high rates of condom use with clients in this population. Regardless, social psychological models of sexual behavior that have been widely utilized to examine sexual risk taking in the gay and bisexual male community have not been applied to research with MSWs. Further, sexual behaviors with casual sex partners among MSWs has been absent in most reported research. More recently, the rise of barebacking (unprotected anal sex) in the gay male community has challenged assumptions that most gay and bisexual men want …

A Curriculum To Prepare Pastors For Tribal Ministry In India, Calvin N. Joshua

Doctor of Ministry Projects

Problem

The dissertation project establishes the existence of nearly one hundred million tribal people who are forgotten but continue to live in human isolation from the main stream of Indian society. They have their own culture and history. How can the Adventist Church make a difference in reaching them? There is a need for trained pastors in tribal ministry who are culture sensitive and knowledgeable in missiological perspectives.

Method

Through historical, cultural, religious, and political analysis, tribal peoples and their challenges are identified. The contribution of Christianity to India, particularly, the impact of the Adventist Church among tribals is reviewed. …

A Comparative Study Of The Seventh-Day Adventist Church And The United Methodist Church With A Strategy For Enhanced Adventist Membership Growth In Cote D'Ivoire, Elie Weick-Dido

Doctor of Ministry Projects

Problem

Seventh-day Adventists first reached the French colony of Cote d’Ivoire around 1920. In 1946 the Church was organized with only 17 members. By 1985, the membership was 2,057 and in 2000, there were 7,215 members. By comparison, the Methodist Church of Cote d’Ivoire was established in 1924 and in 2000 had 1,350,000 members. Both Seventh-day Adventists and Methodists have conducted with mission in the same context where 20.8 percent of the population was Roman Catholic in 2000, Muslims represented 38.7 percent, and the French cultural influence was strong. Yet, Seventh-day Adventists have experienced a much slower church growth than …

Developing Jewish Awareness Seminars: A Model Implemented In Adventist Churches In Michigan, Robert Clyde Quillin

Doctor of Ministry Projects

Problem

Many Jewish people are finding Jesus as their Messiah, but few are uniting with the Seventh-day Adventist Church. In its Global Missions emphasis, the Adventist Church has not prepared church members to effectively witness to the Jewish people. Michigan Conference has about 0.29 percent (16,000) of the nation’s Jewish population, but no organized plan is in place to train members for Jewish soul-winning. Approximately 22 of Michigan’s 83 counties have one or more synagogues, which is sufficient Jewish presence to warrant an interfaith outreach. A lay-training program is needed.

Method

After researching literature, a questionnaire was devised, and a …

The Folklore Of Legal Biography, Mark Fenster

Michigan Law Review

Spencer Weber Waller's Thurman Arnold: A Biography faces the problem of making this life stand out, and this Review seeks both to evaluate his rendering-which it does in Part II, after providing more details of the raw materials of Arnold's life in Part I-and to use Arnold's ideas to reflect on the endeavor of the legal biography. Although other works bearing on Arnold's life have been available,' Waller's competent, readable chronicle will provide an authoritative source of information and satisfy the desires of general readers interested in accomplished legal lives and seeking a straightforward account of Arnold's career. But Waller's …

In Memory

Human–Wildlife Interactions

No abstract provided.

First-To-File: Promoting The Goals Of The United States Patent System As Demonstrated Through The Biotechnology Industry, Whitney E. Fraser Tiedemann

University of San Francisco Law Review

This Comment illustrates that moving to a first-to-file system of patent priority would greatly benefit the biotechnology industry and the United States patent system. A first-to-file system would promote the innovative goals of the patent system by encouraging early public disclosure and providing greater certainty of protection.

Review Of "Representative Democracy: Principles And Genealogy", Brian G. Henning

Philosophy Faculty Scholarship

A review of Nadia Urbinati's Representative Democracy: Principles and Genealogy, published by University of Chicago Press in 2006.

Interrupting Ethnographic Spectacles In Eric Valli's Himalaya, Puspa Damai

English Faculty Research

How can we talk about "postcoloniality" in relation to Nepal, which, even though it has never been foreign to Western fantasies about the exotic, was never formally colonized? One of the ways could be to create narratives and deploy images - as has been done by Eric Valli in his popular film Himalaya- that foreground geographically remote and ethnically and politically marginalized people of the nation. And yet, this article argues, such an attempt as Himalaya could easily fall into the same trap as grips orientalist ethnography that seeks to generate spectacles of the other for its own pleasure. …

The Influence Of Refugee Status On Palestinian Identity And The Impact Of Identity On Durable Solutions To The Refugee Problem, Michaela S. Clemens

Nebraska Anthropologist

Over the last fifty years the Israeli-Palestinian conflict has generated massive numbers of refugees. The scale and longevity of the conflict has made the Palestinian refugee problem the most protracted and largest refugee situation in the world today (Merhab et al. 2006). The processes of becoming a refugee and living as a refugee have had direct impacts on the formation of Palestinian identity. In this paper, I examine the influence of refugee status on identity and discuss how this identity affects potential solutions to the protracted refugee situation. I offer a brief historical background to the creation of Palestinian refugees. …

Overcoming The United States' Policy On The Exclusion Of Hivpositive Noncitizens: How Asylum Cases Are Beginning To Open Previously Locked Doors, Amy Vaughn

Nebraska Anthropologist

In 1987, the United States Congress enacted a policy that prohibited HIV-positive noncitizens from entering the United States for both temporary visits and immigration. Nearly two decades later, the policy still stands, making the United States one of only a handful of countries that still enforces such an exclusionary policy. Several international health organizations, including the World Health Organization, have condemned the HIV ban as "irrational and without public health justification" (Goldberg 1998). In 1993, the U.S. Department of Health and Human Services attempted to remove HIV from the exclusion list based on the fact that it is not transmitted …

Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

"Tongues Turn'd Inside Out": The Reception Of "Tam O'Shanter", Gerard Carruthers

Studies in Scottish Literature

No abstract provided.

Commemoration Practices Of The Roman Soldier, Brandon R. Olson

Theses and Dissertations

No abstract provided.

Attack Of The Balloon People, Keith E. Sealing

Vanderbilt Journal of Transnational Law

Any discussion of food security would, at first blush, seem to focus primarily on world hunger and other threats to the safety of the food supply, whether intentionally man-made (e.g., terrorism), inadvertently man-made (e.g., global warming), made-for-profit by industrial agriculture (referred to as "industrial food" throughout this Article), or "natural" although arguably man-abetted (such as bovine spongiform encephalopathy, or mad cow disease). And hunger is indeed a problem and likely to become more of a problem. However, this Article focuses on the long term threat to world health and world food security caused by the American way of eating; the …

The Spillikin (Vol. 24), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.

New College Class Of 2007 Commencement Program, New College Of Florida

Office of the Registrar Collection

Eight page program detailing the order of events for commencement at the New College of Florida, including location and dates of events, speakers' names and subjects.

Insights- May 2007, University Relations Staff

Insights

No abstract provided.

Insights- September 2007, University Relations Staff

Insights

No abstract provided.

"Prisoner Never Gave Me Anything For What He Done:" Aboriginal Voices In The Criminal Court, Shelley A. M. Gavigan

Articles & Book Chapters

Aboriginal people participated in different ways in the criminal process in the earl years of the North- West Territories region of Canada, including, as accused persons, as Informants, and as witnesses. Their participation was often mediated by the police, Indian agents and sometimes their Chiefs. Their word were also mediated by interpreters, both linguistic and cultural and their signatures were invariably marked as "X" on their depositions. Scholarship that has examined the relationship of Aboriginal peoples to the criminal law has tended to interrogate the criminalization and moral regulation strategies implicit in the process of colonization and domination of the …

Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter

Faculty Journal Articles and Book Chapters

It is time to rethink the role of Institutional Review Boards (IRBs) in approving social science research. While most law professors conduct their research in an almost unregulated environment - pouring through cases, statutes, and each other's articles, all without the kind of human interaction subject to IRB regulation - their colleagues elsewhere in the university have been coping for decades with an increasingly intrusive bureaucracy that sometimes undermines basic academic values. Three things seem very clear. First, there are a lot of IRBs - at least 4,000 - and their numbers are growing. Second, they have recently "increased their …

A Redefined Feminine From Paleolithic To Twenty-First Century Through Children's Literature & Film, Pamela Dee Mccombs

Master's Theses and Doctoral Dissertations

The intention of my critical discourse is to redefine the knowledge of the feminine that Western tradition, through “master narratives,” silenced, subverted, and deferred. My guidelines were drawn from the deconstruction of philosophical works by Jacques Derrida and redefined the unique circle of “Being and beings” to be not just God and man, but God, Goddess, and Human, the Goddess being the original feminine. I discovered the feminine beginning, through archaeomythologists Gimbutas, Dever, and Davis-Kimball, with the unearthing of female figurines, temple models, and warrior priestesses. I found examples of the feminine survival through the Dark Ages in Lithuanian Dainos …

Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.

What Is Visual Knowledge, And What Is It Good For? Potential Ethnographic Lessons From The Field Of Legal Practice, Richard Sherwin, Neal Feingenson, Christina Speisel

Articles & Chapters

No abstract provided.