Digital Commons Network^™

Foreword: To Prevent And Punish, Michael P. Scharf, Brianne M. Draffin

Case Western Reserve Journal of International Law

No abstract provided.

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul R. Williams, Meghan E. Stewart

Case Western Reserve Journal of International Law

No abstract provided.

Act Like A Lawyer, Be Judged Like A Lawyer: The Standard Of Care For The Unlicensed Practice Of Law, Sande L. Buhai

Utah Law Review

The Washington model, in which limited unlicensed practice is explicitly authorized, regulated, and subjected to an ex post attorney's standard of care, is by far the cleanest approach to the problem. For jurisdictions that mediate between permitted and unpermitted provision of legal services by non-lawyers by finetuning their definition of "practice of law," one of two approaches may accomplish the desired ex post goal. First, courts may define "practice of law" expansively for ex post standard of care purposes while restricting it for ex ante regulatory purposes. Although this is effectively the equivalent of the Washington model, it may prove …

Turning A Blind Eye To Unmarried Cohabitants: A Look At How Utah Laws Affect Traditional Protections, Jared Richards

Utah Law Review

A brief exploration of the intrinsic limitations of common-law marriage and cohabitation contracts in light of Utah law indicates that these two classic remedies for unmarried cohabitants are quite ineffective in providing protection to dependent partners in cohabitant relationships. In addition, Utah's current laws are arranged in a way that leaves Utah wide open to absorb the costs of the inevitable consequences of cohabitation relationships-break-up. Utah's laws provide no economic relief or protection to unmarried cohabitants where one partner is a provider and the other a dependent. The lack of legal protections will often result in the dependent partner relying …

Bringing Scalia's Decalogue Dissent Down From The Mountain, Kyle Duncan

Utah Law Review

Scalia's dissent in McCreary County may well turn out to be important and controversial, but not for the reasons that legal scholars have so far identified. A close reading of the dissent-in light of Scalia's overall approach to using tradition in constitutional interpretation-shows that Scalia is not using tradition to propose an Establishment Clause hardwired by the founders for monotheistic religions. Tradition does not typically serve that kind of positive function in Scalia's jurisprudence, and it does not do so in McCreary County. Instead, tradition serves as a tool of judicial restraint, precisely to avoid imprinting the judiciary's own views …

Introduction: Infringement Nation: Copyright Reform And The Law/Norm Gap, John Tehranian

Utah Law Review

In recent years, legislators, judges, and practicing attorneys have critiqued law reviews for their excessively theoretical bent, arguing that their contents have become increasingly devoid of any real-world value. At the risk of alienating my academic colleagues and shocking the members of the copyright bar, I would like to think that this symposium is different. By bringing together a group of leading copyright scholars, including Tom Bell, Dan Burk, Wendy Gordon, Justin Hughes, Peter Jaszi, Bobbi Kwall, David Nimmer, Pam Samuelson, and Rebecca Tushnet, to contemplate the issue of legal reform in practical terms, this symposium strives to foster a …

Leary Lecture: Preliminary Thoughts On Copyright Reform, Pamela Samuelson

Utah Law Review

Finally, there is the challenge of even contemplating how such a project might be transitioned to an implemented legal framework. As noted earlier, the prospects for meaningful copyright reform in the near future are at the moment very dim. Since many copyright industry representatives know how to navigate the current copyright regime and at least at times enjoy some benefits from its dysfunctionalities, there are formidable hurdles to implementing a reformed copyright law. The obstacles are perhaps so formidable that many would think it not worth the investment of intellectual effort to draft a model law. Still, few would contest …

American Moral Rights And Fixing The Dastar "Gap", Justin Hughes

Utah Law Review

If you adhere to a pure economic incentive view of American copyright law, then it may be a waste of judicial resources to "require[e] that courts adjudicate disputes relating to attribution in cases where attribution offers no market benefits -that is, it may be a waste of time to fix a relatively small problem with no economic import. On the other hand, if you believe that attribution and recognition are quite important to authors regardless of the economic benefits, then-while still respecting the public domain spirit of the Court's decision-the Dastar gap would be an easy thing to fix.

Access Denied, David Nimmer

Utah Law Review

The plaintiff in a copyright infringement case need prove only two elements: the plaintiffs ownership of a subsisting copyright and the defendant's copying of protectible elements from that work. The first element is trivially easy. Any hack who writes a screenplay, any software engineer who composes a subroutine, and any five-year-old who finger-paints on the kitchen table acquires a federal statutory copyright in her handiwork, subsisting for at least seventy years and perhaps well over a century. Therefore, to the extent that any dikes hold back the floodwaters of copyright litigation, they must arise out of the second element.

Naming Rights: Attribution And Law, Rebecca Tushnet

Utah Law Review

Attribution remains a powerful incentive for creative production. Moreover, norms of credit, including the ones that produced all the footnotes in this piece, are extremely valuable for particular professions and individuals laboring within those professions. Sometimes, however, law and morality should be left to diverge, when law's tools are too crude to make the fine distinctions that prevail in ethics. Attribution rights provide an example of this situation. "Who steals my purse steals trash, but should still go to jail; but he that filches from me credit for my creative works deserves condemnation, not injunction.

Can Plaintiffs Use Multinational Environmental Treaties As Customary International Law To Sue Under The Alien Tort Statute?, Bradford Mank

Utah Law Review

The Alien Tort Statute (ATS) provides that "[t]he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. This grant of jurisdiction is usually read narrowly to protect only the most fundamental international human rights such as those prohibiting torture or war crimes. Several courts have, in fact, been unwilling to accept broader claims to a right to life or a healthy environment and thereby have rejected environmental claims under the ATS.

Concert Recording 2007-01-21, Emily Nelson, Whitney Adams, Sam Ross, Seth Yost, Richard Bobo, Quintessentials Woodwind Quintet

Concert Recordings & Programs

Partita for wind quintet / Irving Fine -- Wapango for woodwind quintet / Paquito D'Rivera -- Children's Corner / Claude Debussy, trans. Richard S. Bobo -- Sonatine pour flute, hautbois, clarinette, cor, et basson / Marcel Bitsch

Maine Law Magazine - Issue No. 86, University Of Maine School Of Law

Maine Law Magazine

Contents

• News Briefs
• Feature: Life, Work, Balance
• Feature: Bankruptcy
• Around Campus
• Faculty Notes
• Giving Back
• Alumni Feature

Dean Robert William Piatt Dedication., N/A N/A

St. Mary's Law Journal

Abstract Forthcoming.

Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik

St. Mary's Law Journal

Individuals who are not United States citizens and participate in violent or severe criminal activity are likely to be deported and become inadmissible for life. But noncitizens can also be deported for minor criminal activity which does not cause harm or serious damage. In such cases, deportation is an extreme punishment out of proportion to the offense. Unauthorized use of a motor vehicle (UUMV) is an example of a crime which can be committed without serious harm or damage. The Fifth Circuit regularly sustains decisions of lifetime reentry ban for noncitizens convicted of UUMV. Under immigration law, “aliens” who are …

Automatic Tolling Of The Voluntary Departure Period - A Circuit Split Recent Development., Katherine A. Tapley

St. Mary's Law Journal

Abstract Forthcoming.

What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash

St. Mary's Law Journal

In Hamdan v. Rumsfeld, the United States Supreme Court held the military commission convened to try accused terrorist Salim Ahmen Hamdan was unlawful. The Court concluded the Government could not lawfully proceed using established commission rules because the commission differed from courts-martial and did not follow certain aspects of the Geneva Convention. One procedure the Court found troubling was a provision in the Military Commission Order No. 1 which allowed the exclusion of the defendant and his civilian counsel from certain proceedings. Yet, denial of access was nothing new, as three decades prior Congress enacted the Classified Information Procedures Act …

The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint

St. Mary's Law Journal

The Prudential balancing test should be of concern for anyone interested in the rule of law. This test is the current binding precedent for determining when an appellate court should exercise its mandamus authority upon a finding of a clear abuse of discretion. This test has substantially altered one of the most time honored principles of mandamus jurisprudence, and replaced it with a newly articulated standard that leads to nothing short of ad hoc decision making. In the area of mandamus jurisprudence, the Texas Supreme Court has, from time to time, developed different ways to circumvent the common law history …

Home And School Literacy Partnerships : Building Stronger Tomorrows Hand In Hand, Tera Bockenstedt

Graduate Research Papers

This project aims to bring quality literacy interactions into homes of young children. These literacy interactions are important because research has shown that quality literacy experiences during the early childhood years impact a child's emergent literacy learning. Because children are not yet in formal schooling, many of these interactions can take place in home so family involvement is critical. The project is threefold: (a) to increase the quantity and quality of literacy interactions in the home, (b) to help parents become more informed contributors of their children's emergent literacy development, and (c) to promote more family involvement and two-way communication …

Practice What You Preach : A Look At Retention Research And Classroom Practice, Angela R. Carpenter

Graduate Research Papers

This literature review examines the subject of grade level retention. A comprehensive overview of the history, trends, and current practices involving retention will provide the background to the research base. Looking at the common reasons students are retained and the short and long-term effects of retention decisions will help answer the question of whether retention research guides school practice. Alternative solutions that can be implemented in lieu of grade level retention or social promotion practices will also be addressed. The majority of grade level retention and social promotion researchers found the practices of retention and social promotion to be unfavorable. …

Motivation For Leisure Reading : A Model Camp Adventure Curriculum, Nicole Beth Geopfert

Graduate Research Papers

Much research has consistently revealed that the percentage of young children choosing to engage in leisure reading is declining. Instead, potential young readers are consumed many other forms of leisure activity such as video games, Internet, computer games, movies, and more. To become lifelong learners, children ought to be motivated to read. The questions explored in this paper are: what are the obstacles to developing avid independent readers and how can we help young children become engaged, recreational readers? This paper presents a review of the literature on reading motivation, reading attitude, and the gender gap in reading.

The information …

Reading Aloud To Children : Is There A Relationship To Reading Achievement?, Stephanie Gierstorf

Graduate Research Papers

This qualitative participant research paper focuses on the importance of reading aloud to children at a young age. Results indicated that being read to at an early age was not enough, in and of itself, to predict reading achievement. However, the amount of parental interaction between the parent, child, and text can affect a child's reading achievement. Children who were exposed to dialogic read-alouds tended to become more independent readers, who chose to read on their own, later in elementary school. It is hoped that educators and parents will understand the importance of including children in a dialogic reading approach …

Effects Of Digital Storytelling In A Language Arts Classroom, Joseph J. Hegland

Graduate Research Papers

Digital storytelling is a process of writing a story using technology to create a movie of a personal story. The purpose of the review is to explore whether or not digital storytelling is an effective way for students in the language arts classroom to connect their writing with technology. The review begins with how technology is used with writing in the classroom·. Then the process of digital storytelling is reviewed to understand the multiple steps: (a) pre-production, (b) production, (c) post-production and (d) distribution. The use of digital storytelling in the classroom and how teachers have used digital storytelling is …

Sallie Pearce Musser Papers - Accession 55, Sallie Pearce Musser

Manuscript Collection

Sallie Alta Pearce Musser [1902-1974] was a home demonstration agent (1930-1957), and head of the South Carolina Home Demonstration Service (1957-1965). The Sallie Pearce Musser Papers consist of biographical data, correspondence, letters of appreciation upon her retirement, newspaper clippings, photographs, and term papers written by Mrs. Musser while she was working on her MA in 1950 at George Peabody College for Women.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Botany

No abstract provided.

Cover And Contents

Turkish Journal of Botany

No abstract provided.

An Evaluation Of The Relationship Between Physical Fitness Measures And Academic Achievement, George Victor Harnick

Graduate Research Papers

Over the past several years, physical education has often been forced aside in the wake of increased emphasis on improvements to academic performance in the core areas of study such as science, math, and reading. This stems from the implementation of the Title II Elementary and Secondary Education Act (a.k.a. No Child Left Behind Act of 2001) and the expectation that all students in schools funded by the federal government will be "proficient" in these core subjects by the year 2014 (United States Department of Education, 2007). With this law in effect, many school districts are being forced to increase …

Incorporating Readings Outside Of The Textbook Into A High School Science Curriculum, Melissa Hesner

Graduate Research Papers

The use of trade books, such as nonfiction and storybooks, is often used in elementary classrooms as instructional tools for learning content. For many reasons. this strategy is neglected at the secondary level where textbooks remain the dominant, if only reading resource for students. The need to incorporate into instruction meaningful reading experiences beyond the textbook is important for developing students' scientific literacy and reading skills. This project explains the introduction of reading resources outside of the textbook, perceived results of the implementation, and selections for future reading in a high school physical science curriculum.

National Board Of Professional Teaching Standards (Nbpts) Portfolio Option, Dawn Marie Posekany

Graduate Research Papers

Our school is a small community that lies between two major cities in a Midwest state. Many of the parents of our students work in the science, math, technology, health, or medical fields in these larger cities. Our location often results in students "open enrolling" into our district. One of the challenges for our school is cultural diversity. Our population includes only three non-Caucasian students. My colleagues and I must work hard at extending our classrooms outside the walls to explore diversity. Of our 375 students in the high school, sixteen receive free or reduced cost lunch.