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2007

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2007-2008 Undergraduate Catalog, Morehead State University Jan 2007

2007-2008 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2007-2008 undergraduate catalog for Morehead State University.

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The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir Jan 2007

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 …

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An Anthology Of Enterprise Policy In Ireland, William Gorman, Thomas Cooney Jan 2007

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 …

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Mertonianism Unbound?: Imagining Free, Decentralized Access To Most Cultural And Scientific Material, James Boyle Jan 2007

Mertonianism Unbound?: Imagining Free, Decentralized Access To Most Cultural And Scientific Material, James Boyle

Faculty Scholarship

No abstract provided.

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Disloyal Agents, Deborah A. Demott Jan 2007

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 …

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Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy Jan 2007

Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy

Faculty Scholarship

Chief Justice's Marshall's opinion in Johnson v. M'Intosh, 21 U.S. (8 Wheat.)543 (1823) has long been a puzzle, both in its doctrinal structure and in long, strange dicta which are both triumphal and elegiac. In this Essay, I show that the opinion becomes newly intelligible when read in the context of the law and theory of colonialism, concerned, like the case itself, with the expropriation of continents and relations between dominant and subject peoples. I examine several instances where the seeming incoherence of the opinion instead shows its debt to imperial jurisprudence, which rested on a distinction between two bodies …

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Pilgrim Law: Overcoming False Consciousness Through The Witness Of London's Economic Migrants, Vincent D. Rougeau Jan 2007

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 …

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On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes Jan 2007

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.

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The Gift Of Milner Ball, Thomas L. Shaffer Jan 2007

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 …

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"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr. Jan 2007

"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 …

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Efficient Routing Of Snow Removal Vehicles, Masoud Omer Jan 2007

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 …

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Analogical Modeling: An Update, Deryle W. Lonsdale, David Eddington Jan 2007

Analogical Modeling: An Update, Deryle W. Lonsdale, David Eddington

Faculty Publications

Analogical modeling is a supervised exemplar-based approach that has been widely applied to predict linguistic behavior. The paradigm has been well documented in the linguistics and cognition literature, but is less well known to the machine learning community. This paper sets out some of the basics of the approach, including a simplified example of the fundamental algorithm’s operation. It then surveys some of the recent analogical modeling language applications, and sketches how the computational system has been enhanced lately to offer users increased flexibility and processing power. Some comparisons and contrasts are drawn between analogical modeling and other language modeling …

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Geographic Representation And The U.S. Congress, Frances E. Lee Jan 2007

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

Maryland Law Review

No abstract provided.

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From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach Jan 2007

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.

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Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch Jan 2007

Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch

Maryland Law Review

No abstract provided.

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Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M. Richards, Daniel J. Solove Jan 2007

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 …

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Securities Underwriters In Public Capital Markets: The Existence, Parameters And Consequences Of The Fiduciary Obligation To Avoid Conflicts, Andrew F. Tuch Jan 2007

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 …

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The Not-So-Silent Past: An Archaeology Collection, Lauren Hosek Jan 2007

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.

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Thinking The Line: A Collection Of Books On Poetry And Visual Art, Carter Smith Jan 2007

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.

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My Collection: Defined, Robin Meyer Jan 2007

My Collection: Defined, Robin Meyer

Neureuther Book Collection Essay Competition

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

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Science And Politics In The History Of Paleoanthropology, Tafline Crawford Jan 2007

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.

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Reading Is Fundamental: Why The No Child Left Behind Act Necessitates Recognition Of A Fundamental Right To Education, Michael Salerno Jan 2007

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.

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Project Camelot And Military Sponsorship Of Social Science Research: A Critical Discourse Analysis, Ryan Hunt Jan 2007

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 …

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Self-Forgiveness: A Narrative Phenomenological Study, John Beiter Jan 2007

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 …

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Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood Jan 2007

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 …

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On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Christina L. Boyd, Lee Epstein, Andrew D. Martin Jan 2007

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 …

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The Scientific Study Of Judicial Activism, Stefanie A. Lindquist, Frank B. Cross Jan 2007

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 …

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Creeping Monism: The Judicial Trend Toward Interpretive Incorporation Of Human Rights Treaties, Melissa A. Waters Jan 2007

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 …

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Research Guide To Export Control And Wmd Nonproliferation Law, Wei Luo Jan 2007

Research Guide To Export Control And Wmd Nonproliferation Law, Wei Luo

Scholarship@WashULaw

This research guide is to guide would-be researchers to the primary sources (statutes, cases, regulations, and international treaties) and the websites of major governmental agencies in charge of export controls and the International organizations promoting non-proliferation.

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Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters Jan 2007

Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters

Scholarship@WashULaw

This article considers the role of international human rights law in the domestic context, and examines in particular the use of what the author calls a "rights­-conscious Charming Betsy canon", whereby judges in New Zealand, Canada, the United States and Australia have interpreted statutory provisions (focusing on the case study of immigration law) so as to be consistent with international human rights norms. The author also considers the more radical use of the canon, proposed in particular by the High Court of Australia's Justice Kirby, which proposes that even constitutional texts may be interpreted to be consistent with international law, …

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