Digital Commons Network^™

Year Of The Snake, Annie Hoang Nguyen

Graduate Student Theses, Dissertations, & Professional Papers

Year of the Snake is a travel narrative and family memoir that details a year of the author’s life as a Fulbright scholar in Vietnam. Twenty-five years after the author’s parents have fled Vietnam as war refugees, the author returns to her parents’ homeland. The author spends 2001 exploring and examining this forsaken homeland. She has three distinct experiences, as a student living with my uncle as his adopted daughter, as a backpacker exhilarated by the culture and land, and as a privileged ex-pat working among locals. Through these varied experiences, I began to see how Vietnam was trying to …

A Revision Of Family And Domesticity In Michael Cunningham's A Home At The End Of The World, Flesh And Blood, And The Hours, Tracy Joy Struck

Graduate Student Theses, Dissertations, & Professional Papers

Primarily through the experiences of his gay protagonists, Michael Cunningham critiques the heteronormative nuclear family structure of the 1950s and depicts alternatives to it. Drawing on the work of feminist critics who focus on the political intent of American women authors during the nineteenth century, the findings of family historians who examine families of the 1950s, and the work of anthropologist Kath Weston, I argue that Michael Cunningham represents domesticity in ways that promote readers' appreciation of and support for alternative family models.

Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch

Scholarly Works

No coherent doctrinal statement exists for calculating open-market damages for securities fraud class actions. Instead, courts have tried in vain to fashion common-law deceit and misrepresentation remedies to fit open-market fraud. The result is a relatively ineffective system with a hallmark feature: unpredictable damage awards. This poses a significant fraud deterrence problem from both a practical and a theoretical standpoint.

In 2005, the Supreme Court had the opportunity to clarify open-market damage principles and to facilitate earlier dismissal of cases without compensable economic losses. Instead, in Dura Pharmaceuticals v. Broudo, it further confused the damage issue by (1) perpetuating the …

Becoming American - According To The Jorgensens, Torben Tvorup Christensen

The Bridge

For those who have waited a long time for this article about integration among Danish-American immigrants I can only say that I am sorry. Lack of time has kept me away from my Danish-English dictionary and thus prevented me from writing a more public friendly version of my Masters Thesis. Knowing how difficult it would be to convert more than a hundred pages into a few readable lines-I guess-is the real reason why I have not undertaken this task before now. Another reason is simply that I each time I began thinking about doing something I was being overwhelmed by …

Fresh Voices, Volume 1, Cal Poly English Department

Fresh Voices: Composition at Cal Poly

No abstract provided.

2007-2008 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2007-2008 undergraduate catalog for Morehead State University.

The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir

Articles

In this paper, we share individual narratives outlining the experiences of four well-educated western women following a permanent international career in the South of France. By virtue of detailed interview transcripts and contextual information regarding the specificity of the location in question, a comprehensive picture of the experiences and choices of individual women in leadership business positions on an international level is painted. Our aim is not to generalise the findings to a wider population, but to gain an insight into the depth and complexity of career issues for women in general, and particularly for women working in a foreign …

An Anthology Of Enterprise Policy In Ireland, William Gorman, Thomas Cooney

Articles

Ruane and Gorg (1996: 37) remarked that 'any careful comparison of the Irish economy with other economies in the European Union immediately focuses on two key features of Ireland's pattern of industrial development: the enormous significance of foreign direct investment (FDI) and the very high export ratios in the Irish manufacturing sector among foreign-owned companies. These two features have not developed by accident, but are directly related to the industrial strategy which Ireland has pursued over the past forty years, namely, of promoting export-led growth in Irish manufacturing through various incentives and of encouraging foreign companies to establish manufacturing plants …

Disloyal Agents, Deborah A. Demott

Faculty Scholarship

This paper examines the consequences of an agent's breach of the fiduciary duty of loyalty. These consequences are underexplored in academic literature, in contrast to rationales for fiduciary duties more generally. The consequences of an agent's disloyalty are, moreover, not uniform across jurisdictions. The paper begins by differentiating between the meaning and consequences that the law ascribes to agency and its meaning in other academic disciplines, including economics and philosophy. It then considers the extent to which principles derived from contract and tort law can account for the consequences that courts assign to agents' disloyal conduct and concludes that a …

Pilgrim Law: Overcoming False Consciousness Through The Witness Of London's Economic Migrants, Vincent D. Rougeau

Journal Articles

The article discusses the author's view on the works and beliefs of Robert E. Rodes Jr. He considered faith and professional life as the powerful link on Rodes works and cited three points of reflection on the matter which includes on Rodes' concept of "Pilgrim Law" that has been influential on the author's works, thinking about the relationship between the professional roles of a lawyer and a call to a lived Christian faith. He believed that the Rodes' book "Pilgrim Law" took a formidable task on extending the principles of the theology of liberation to American jurisprudence and became an …

On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes

Journal Articles

This article describes the origin and sources of the author's jurisprudential doctrine, and his adoption of liberation theology as a way of reconciling Sociological Jurisprudence with the philosophy of history. It argues that the pursuit of justice is eschatologically validated even though its historical fruition is problematical. It goes on to discuss the working out in legal practice of the liberationists' call for a preferential option for the poor.

The Gift Of Milner Ball, Thomas L. Shaffer

Journal Articles

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend—my colleague, too—and also my teacher (in two senses, including the I-once-paid-tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the source …

"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.

Journal Articles

This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid …

Efficient Routing Of Snow Removal Vehicles, Masoud Omer

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research addresses the problem of finding a minimum cost set of routes for vehicles in a road network subject to some constraints. Extensions, such as multiple service requirements, and mixed networks have been considered. Variations of this problem exist in many practical applications such as snow removal, refuse collection, mail delivery, etc. An exact algorithm was developed using integer programming to solve small size problems. Since the problem is NP-hard, a heuristic algorithm needs to be developed. An algorithm was developed based on the Greedy Randomized Adaptive Search Procedure (GRASP) heuristic, in which each replication consists of applying a …

Geographic Representation And The U.S. Congress, Frances E. Lee

Maryland Law Review

No abstract provided.

From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach

Maryland Law Review

No abstract provided.

Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch

Maryland Law Review

No abstract provided.

Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M. Richards, Daniel J. Solove

Scholarship@WashULaw

The familiar legend of privacy law holds that Samuel Warren and Louis Brandeis invented the right to privacy in 1890, and that William Prosser aided its development by recognizing four privacy torts in 1960. In this article, Professors Richards and Solove contend that Warren, Brandeis, and Prosser did not invent privacy law, but took it down a new path. Well before 1890, a considerable body of Anglo-American law protected confidentiality, which safeguards the information people share with others. Warren, Brandeis, and later Prosser turned away from the law of confidentiality to create a new conception of privacy based on the …

Securities Underwriters In Public Capital Markets: The Existence, Parameters And Consequences Of The Fiduciary Obligation To Avoid Conflicts, Andrew F. Tuch

Scholarship@WashULaw

This article considers whether an investment bank, when acting as underwriter of a public securities offering, owes the issuing company the fiduciary obligation to avoid conflicts of interest. The question has not arisen for final judicial determination and has been overlooked by scholars and regulators. The highly lucrative and visible nature of underwriting work creates powerful incentives for investment banks to accept instructions in the face of this duty. At the same time, the web of loyalties that these institutions owe, by virtue of their broad and diverse range of products and services, creates intractable practical difficulties for compliance with …

The Not-So-Silent Past: An Archaeology Collection, Lauren Hosek

Neureuther Book Collection Essay Competition

Undergraduate Winner: 2nd Place, 2007. 20th Annual Carl Neureuther Student Book Collection Competition.

Thinking The Line: A Collection Of Books On Poetry And Visual Art, Carter Smith

Neureuther Book Collection Essay Competition

Graduate Winner: 2nd Place, 2007. 20th Annual Carl Neureuther Student Book Collection Competition.

My Collection: Defined, Robin Meyer

Neureuther Book Collection Essay Competition

Undergraduate Winner: 1st Place, 2007. 20th Annual Carl Neureuther Student Book Collection Competition.

Science And Politics In The History Of Paleoanthropology, Tafline Crawford

Neureuther Book Collection Essay Competition

Graduate Winner: 1st Place, 2007. 20th Annual Carl Neureuther Student Book Collection Competition.

Reading Is Fundamental: Why The No Child Left Behind Act Necessitates Recognition Of A Fundamental Right To Education, Michael Salerno

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Project Camelot And Military Sponsorship Of Social Science Research: A Critical Discourse Analysis, Ryan Hunt

Electronic Theses and Dissertations

"Project Camelot" was an ambitious social science research project conceived and funded by the Army, one whose scope and level of funding was unprecedented as of its inception in 1964. It was created in order to examine the potential for "internal war" and insurgency in the "developing countries" of the world, and to identify actions that the U.S. and its allies could take to prevent or suppress such insurgencies. Historians have described the Project as an event of particular importance in the history of American social science, and have argued that it is related to significant changes in their structure …

Self-Forgiveness: A Narrative Phenomenological Study, John Beiter

Electronic Theses and Dissertations

This dissertation critically explored both theoretical and research findings pertaining to self-forgiveness, especially as it related to psychology. An important, though rather apparent finding or conclusion derived from this literature review was that there is an astounding paucity of both theoretical and research work about self-forgiveness within psychology. This lack or shortcoming holds, surprisingly, even in those disciplines perhaps associated more intuitively with self-forgiveness, for example theological and religious studies, and philosophy. Moreover, a contamination, conflation, or supplementarity characterized the relationship between forgiveness and self-forgiveness, such that no clear consensus exists with respect to the distinctions or similarities between those …

Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood

Scholarship@WashULaw

Black students who attend school regularly, participate in the classroom experience — by either participating in class and/or turning in homework, take “AP” classes, and who perform well on tests are, not uncommonly, accused of “acting white.” This happened to me as a child, it has happened to my children and it has happened to black youth I have interviewed throughout the country. This Article explores the practice within the black community of blacks who attack — verbally and sometimes physically — other blacks simply because the latter perform well in school. The Article explores the ironies of this attack …

On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Christina L. Boyd, Lee Epstein, Andrew D. Martin

Scholarship@WashULaw

While law professors are increasingly making use of data in their scholarship and while the data work housed in their studies is (generally) of a high quality, they have been less effective at communicating the products of their labor. A strong devotion to tabular, rather than graphical, displays, and claims about "statistical significance" rather than substantive importance, are just two areas requiring improvement. Here, as in Part I, we attempt to adapt a burgeoning literature in the social and statistical sciences to the unique interests of legal scholars. Our proposals are many in number, but none is particularly difficult to …

The Scientific Study Of Judicial Activism, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

Claims of judicial activism are common, from both the right and the left, but they are seldom scrutinized closely. Prior tests of judicial activism have involved simply counting the number of cases in which justices vote to invalidate statutes. This data provides a rough guide but omits any consideration of the judicial legitimacy of the statute - a decision to strike down a plainly unconstitutional statute is appropriate judicial behavior. To provide a better test, we adjust the count of statutory invalidations for each justice of the Burger Court, based upon the degree to which the votes show a consistent …

Creeping Monism: The Judicial Trend Toward Interpretive Incorporation Of Human Rights Treaties, Melissa A. Waters

Scholarship@WashULaw

This Article offers a narrow lens analysis of a key debate over the role of foreign authority in U.S. courts: the use of international human rights treaties in interpreting domestic law. Professor Waters argues that recent U.S. Supreme Court decisions (including Roper v. Simmons) should be viewed as part of a transnational trend among common law courts, a trend that she calls creeping monism. Common law judges are increasingly abandoning their traditional dualist orientation to treaties and are beginning to utilize human rights treaties despite the absence of implementing legislation giving domestic legal effect to the treaties. By developing a …