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¿ La Raza Latina?: Multiracial Ambivalence, Color Denial, And The Emergence Of A Tri-Ethnic Jurisprudence At The End Of The Twentieth Century, Tom I. Romero Ii

Scholarly Works

No abstract provided.

The Spirit Of 1968: Toward Abolishing Terry Doctrine, Frank Rudy Cooper

Scholarly Works

In this essay, Professor Frank Rudy Cooper summarizes how the Terry opinion's refusal to apply the probable cause standard made Fourth Amendment doctrine more conservative. He then suggests that the result has gone largely unchallenged because whites have been willing to trade decreases in the civil liberties of blacks for perceived increases in crime control. Prof Cooper concludes by calling on us to consider returning to the spirit of the beginning of 1968 by abolishing Terry doctrine.

Placing The Reality Of Employment Discrimination Cases In A Comparative Context, Jean R. Sternlight

Scholarly Works

No abstract provided.

Social Memory And Evidence From The Past, Luca Anderlini, Dino Gerardi, Roger Lagunoff

Cowles Foundation Discussion Papers

Examples of repeated destructive behavior abound throughout the history of human societies. This paper examines the role of social memory — a society’s vicarious beliefs about the past — in creating and perpetuating destructive conflicts. We examine whether such behavior is consistent with the theory of rational strategic behavior. We analyze an infinite-horizon model in which two countries face off each period in an extended Prisoner’s Dilemma game in which an additional possibility of mutually destructive “all out war” yields catastrophic consequence for both sides. Each country is inhabited by a dynastic sequence of individuals who care about future individuals …

The Relationship Between Out-Of-Class Activities And Cognitive Epistemological Development In College Freshmen As Mitigated By Student Demographic Variables, Leslie Dennen

Doctoral Dissertations

unavailable

An Analysis Of 2005 Naep 8th Grade Mathematics Achievement Items By Content Strand, Problem Type And Language Complexity, Yvette Marie Fagan

Doctoral Dissertations

unavailable

Teaching Critical Thinking In A Community-College Art-History Learning Environment : A Comparison Of Implicit Instruction Versus A Combination Of Implicit And Explicit Instruction, Michael Leonard

Doctoral Dissertations

unavailable

Essays On The Economics Of Education, Joshua C. Hall

Graduate Theses, Dissertations, and Problem Reports (ETD)

The dissertation is a collection of essays examining three topics in the economics of education. The essays focus on the institutional structure of local and national education and the implications that demographics and institutional structure has on the productivity and financing of education. The first chapter introduces my essays by providing a brief overview of the economic study of education and highlights some of the major areas of research overlapping the topics covered in this dissertation. Chapter 2 looks at the impact of racial diversity on school performance. A measure of racial diversity is constructed for Ohio school districts to …

Evaluating The Effects Of Elbows And Duct Size On The Accuracy Of Hand-Held Pitot Traverse Flow Measurements, Christopher Daniel Shon Paul Judy

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study determined the deviations between Pitot traverses performed by traditional hand-held methods and a traverse device designed to hold the Pitot tube perfectly in position, effectively eliminating errors due to yaw, pitch, and insertion point deviations. The hand-held measurements were performed twice by nine different test subjects, while each position was measured with the traverse device five times. Two ten-point traverse measurements were taken at various distances downstream and upstream from a 90° elbow. Two different-sized ducts were used in the study, a 3.875-inch and a 6.875-inch. Airflows determined from these measurements were compared to the presumed "gold-standard" values …

Attitudes Of The Thai Press Toward Accepting Federal Money To Report On Hiv/Aids, Pattaraporn Niyamosoth

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study focuses on the HIV/AIDS story in Thailand, specifically the attitudes of the Thai press toward accepting federal money to report on HIV/AIDS, and explores the differences between government media roles and independent media roles regarding this issue. Using Siebert's four theories of the press, Thai journalists' ideas regarding the current state of Thai media also were secured. A snowball sample was used. Six government media journalists, six independent media journalists, and six Ministry of Public Health of Thailand officials were studied via in-depth interviews. Most of the journalists did not believe that accepting federal money to report on …

Essays On The Effects Of The Voter Initiative In U.S. States, Gregory M. Randolph

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation is a collection of papers that examines the effects of the voter initiative in U.S. states. Chapter 1 provides a brief introduction to the voter initiative process and outlines the research agenda for this dissertation. Chapter 2 explores the history of the voter initiative in U.S. states and examines the differences in the voter initiative process between states in the U.S. Additionally, this chapter provides a general survey of the literature regarding the effects of the voter initiative on political and economic outcomes. Chapter 3 examines the interest group orientation of total state spending in U.S. states. A …

Age And Growth Of Appalachian Brook Trout In Relation To Life-History And Habitat Features, Jason Thomas Stolarski

Graduate Theses, Dissertations, and Problem Reports (ETD)

Currently, it is perceived that brook trout (Salvelinus fontinalis ) are experiencing reductions in both range and abundance across their east coast distribution. Data identifying key habitat features influencing growth rates of these fish will be valuable to managers conducting remediation efforts as growth at age has important consequences to survival and fecundity. Of particular importance within Appalachia may be the influence of surficial geology as the mid Appalachian region receives some of the most acidic rain in the nation. Furthermore, endogenous characteristics such as variation in life-history strategy may also influence growth rates of Appalachian brook trout. However, as …

Review Of The 2006 Trademark Decisions Of The Federal Circuit, Christine Haight Farley, Geri L. Haight

Scholarly Articles in Law Reviews & Journals

The United States Court of Appeals for the Federal Circuit delivered only seven precedential trademark opinions in 2006. The Court addressed a range of substantive issues including trade dress configuration, reverse passing off, and genericism. Notably, two of the seven precedential decisions involved plant names protected by the Plant Variety Protection Act. The Court decided only one case in 2006 where the primary issue was procedural, rather than substantive. In that case, the Court sided with the Trademark Trial and Appeal Board and affirmed its decision on the applicability of the res judicata doctrine. In 2006, as in previous years, …

The Social Security Administration's New Disability Adjudication Rules: A Significant And Promising Reform, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Beyond Schumpeter Vs. Arrow: How Antitrust Fosters Innovation, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

The relationship between competition and innovation is the subject of a familiar controversy in economics, between the Schumpeterian view that monopolies favor innovation and the opposite view, often associated with Kenneth Arrow, that competition favors innovation. Taking their cue from this debate, some commentators reserve judgment as to whether antitrust enforcement is good for innovation. Such misgivings are unnecessary. The modern economic learning about the connection between competition and innovation helps clarify the types of firm conduct and industry settings where antitrust interventions are most likely to foster innovation. Measured against this standard, contemporary competition policy holds up well. Today's …

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …

Copyright, Fair Use And Motion Pictures, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

Within copyright law, the tension between contemporary creators' needs for access to preexisting material, on the one hand, and the imperatives of copyright ownership, on the other, are mediated primarily by the so-called "fair use" doctrine. The application of this venerable legal concept, which exempts some substantial takings of protected content from infringement liability, is the subject of this essay.

Engaging The Eighties: Ethics, Objects, Periods, Kevin L. Ferguson

Dissertations, Theses, and Capstone Projects

This dissertation examines a recent decade in American history whose unique notion of self-periodization generated important questions of ethical engagement and withdrawal. Situated during a time of an increasingly complex relationship between literature and theory, thinkers in the 80s self-consciously shifted towards making claims about their present moment which were based on the logic of rupture, and which thus created an either-or logic of pessimism or optimism in response to this rupture. These kinds of self-periodizing notions generally are collected under the rubric "postmodernism" and the first chapter deals with a transatlantic movement between theorists such as Fredric Jameson and …

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck

Scholarly Articles in Law Reviews & Journals

William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked.

In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck

Scholarly Articles in Law Reviews & Journals

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …

Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck

Scholarly Articles in Law Reviews & Journals

In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …

An Empirical Analysis Of Investment Treaty Awards, Susan Franck

Scholarly Articles in Law Reviews & Journals

I. INTRODUCTION

Earlier speakers offered insights about investment law and its implications for the future of domestic administrative law and international law. To bring us full circle, I will discuss where we are today so that we can consider where we want development law to be tomorrow. In pursuit of that goal, I offer empirical data related to investment treaty arbitration. My goal today is to focus on three claims about investment treaty arbitration and consider the data's potential implications.

Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Negligence In The Air: The Duty Of Care In Climate Change Litigation, David Hunter, James Salzman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lou Henkin, Transitional Justice And The Prevention Of Genocide, Juan Mendez

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: It's an immense honor and a privilege to have been invited to participate in a tribute to Lou Henkin. Even if that were not the occasion, just the honor of sharing a panel with Judge Barkett and with Dean Koh is enough to overwhelm anybody and it does overwhelm me. I hope you will sympathize with me for having to follow them. It is especially overwhelming because as I look around the room, I see so many people who are much more deserving than I am to be here and to be honored in the way you have honored …

Remarks On Intervention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Racial Fairness In The Criminal Justice System: The Role Of The Prosecutor, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

In this article, Davis analyzes discusses efforts to involve prosecutors in the elimination of racial disparities in the criminal justice system. Part II explains how prosecutors unintentionally contribute to disparities through the arbitrary, unsystematic exercise of discretion. Part III argues that the U.S. Supreme Court has failed to provide an effective legal remedy for victims of race-based selective prosecution. Finally, in Part IV, Davis endorses the use of racial impact studies and task forces and discusses a model reform effort spearheaded by the Vera Institute of Justice.

Molecular Federalism And The Structures Of Private Lawmaking, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.