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2007

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Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson Jan 2007

Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson

Faculty Scholarship

Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …

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Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson Jan 2007

Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson

Faculty Scholarship

Contemporary debates about federalism and localism often proceed with, at best, a glancing reference to each other.' Commentators portray parallel, largely disconnected worlds in which the federal government relates only to the states, and the states, in turn, hermetically encompass local governments. In practice, however, numerous federal regulatory, spending, and enforcement policies actively rely on the participation of local governments independent from the states. Indeed, direct relations between the federal government and local governments-what this Article calls "cooperative localism"-play a significant role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, …

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Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty Part Ii: Federalism, Nestor M. Davidson Jan 2007

Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty Part Ii: Federalism, Nestor M. Davidson

Faculty Scholarship

Direct relations between the federal government and local governments - what this article calls "cooperative localism" - play a significant and underappreciated role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, immigration, and environmental protection. Despite the ubiquity of this practice, a jurisprudential clash is looming that threatens this important facet of intergovernmental relations. Historically, courts have allowed local governments to invoke federal authority as a source of local autonomy, despite the prevailing view of local governments as powerless instrumentalities of the state. The Supreme Court is increasingly suggesting, however, …

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Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson Jan 2007

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson

Faculty Scholarship

Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent United States cases, the Federal Circuit Court of Appeals and lower courts have upheld field-of-use licenses prohibiting activities that licensees would otherwise have been permitted by patent law, such as the repair and resale of patented products. The recent cases rely on the Federal Circuit's decision in Mallinckrodt, Inc. v. Medipart, Inc., where the court …

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Truth, Deterrence, And The Impeachment Exception , James L. Kainen Jan 2007

Truth, Deterrence, And The Impeachment Exception , James L. Kainen

Faculty Scholarship

James v. Illinois permits illegally-obtained evidence to impeach defendants, but not defense witnesses. Thus far, all courts have construed James to allow impeachment of defendants' hearsay declarations. This article argues against allowing illegally-obtained evidence to impeach defendants' hearsay declarations because doing so unduly diminishes the exclusionary rule's deterrent effect. The distinction between impeaching defendants and defense witnesses disappears when courts allow prosecutors to impeach defendants' hearsay declarations. Because defense witnesses report exculpatory conduct of a defendant who always has a substantial interest in disguising his criminality, their testimony routinely incorporates defendant hearsay. Defense witness testimony thus routinely paves the way …

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Practitioner's View: Clients At Guantanamo, Martha Rayner Jan 2007

Practitioner's View: Clients At Guantanamo, Martha Rayner

Faculty Scholarship

No abstract provided.

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The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon Jan 2007

The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon

Faculty Scholarship

Stories about law and social change can have a sameness to them. Yet in many ways, the tales told in this volume stand out from the crowd. Each story is shaped around a campaign undertaken by a community organization or coalition deeply engaged in the struggle for racial and economic justice. Attorneys appear as supporting players rather than main characters, seeking to help organizations build the power needed to achieve their goals. These lawyers translate information about the law into lay language, pressure opponents, defend the organization, open up spaces for community voice and action, and seek to establish new …

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Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal Jan 2007

Property Outlaws, Eduardo Moises Peñalver, Sonia K. Katyal

Faculty Scholarship

Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …

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Do You See What I See - Reflections On How Bias Infiltrates The New York City Family Court - The Case Of The Court Ordered Investigation, Leah A. Hill Jan 2007

Do You See What I See - Reflections On How Bias Infiltrates The New York City Family Court - The Case Of The Court Ordered Investigation, Leah A. Hill

Faculty Scholarship

That the Family Court is ill-equipped to address the needs of the hundreds of thousands of cases handled therein is not news. Exploding caseloads, complex problems, and minimal resources are just a few of the ingredients that combine to undermine the Court's ability to fulfill its promise. What has been given less attention until very recently is the extent to which the Family Court's failures disproportionately impact low-income families of color. Any analysis of the Court's impact or efficacy must consider the context I have described in my observations of the Court- the images of black and brown litigants hurrying …

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Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell Jan 2007

Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell

Faculty Scholarship

Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition -- and international law generally -- poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question …

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International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee Jan 2007

International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee

Faculty Scholarship

This Article is about the epistemic significance of international consensus on constitutional interpretation in the Eighth Amendment context. First, the Article examines whether meaningful conclusions about one's desert judgments can be reached through a process of interjurisdictional comparison that focuses on the existence of a consensus on the question of what punishment is appropriate for what crimes and criminals. Second, this Article examines the relevance of international consensus on penal practices by analogizing the consensus to three different types of consensus: scientific, aesthetic, and moral. This Article concludes from this discussion that so long as the Supreme Court stays with …

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A Textual And Historical Case Against A Global Constitution, Andrew Kent Jan 2007

A Textual And Historical Case Against A Global Constitution, Andrew Kent

Faculty Scholarship

he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …

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Congress’S Under-Appreciated Power To Define And Punish Offenses Against The Law Of Nations, Andrew Kent Jan 2007

Congress’S Under-Appreciated Power To Define And Punish Offenses Against The Law Of Nations, Andrew Kent

Faculty Scholarship

Perhaps no Article I power of Congress is less understood than the power to define and punish . . . Offences against the Law of Nations. There are few scholarly works about the Clause; Congress, the Supreme Court, and the Executive Branch have seldom interpreted the Clause, and even then they have done so in a cursory and contradictory manner. Relying on textual analysis and Founding-era history and political theory to read the Clause in a different mannner than previous commentators, this Article seeks to rescue the Clause from obscurity and thereby enrich current foreign affairs debates. Not only is …

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The Influences Of Gender Identity On The Expectancies For Success And Perceived Task Value Of Three Different Activities, Chi Ching Chow Jan 2007

The Influences Of Gender Identity On The Expectancies For Success And Perceived Task Value Of Three Different Activities, Chi Ching Chow

Dissertations and Theses @ UNI

The purpose of the study was to investigate the influence of gender identity on expectancies for success and perceived task value. The Short form of the Bern Sex-Role Inventory (BSRI-SF) was used to identify four gender identities, androgynous, feminine, masculine, and undifferentiated. The Self- and Task- Perception Questionnaire measured expectancies and task values on three physical activities. One hundred thirty-three students (62 males and 71 females) at the University of Northern Iowa who were enrolled in the aerobic training session of the personal wellness class participated. The mean age of the participants was 20.2 years (SD= 1.9). AN OVA results …

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Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca E. Bignami Jan 2007

Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca E. Bignami

Faculty Scholarship

An earlier draft of this Article was presented at a faculty workshop at the University of Illinois College of Law. (Author's Manuscript, March 2005) This analysis of how civil society can contribute to a better system of global governance draws on the political philosophy of civil society and the comparative law of democracy. Its first part describes the civil society phenomenon in three different international organizations: the World Bank, the World Trade Organization, and the European Union. Part Two puts forward the moral principle upon which my argument rests: liberal democracy. The next part sets the stage for the discussion …

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Artist's Labor, Derek Whitehead Jan 2007

Artist's Labor, Derek Whitehead

Contemporary Aesthetics (Journal Archive)

This essay explores the relations between perception, phenomenology and art practice. The object of my inquiry is the kind of perceptual repertoire available to the artist in relation to his art, which extends beyond the technical means available to art making in its varying forms. I invoke an artist's innate perception as the source and locus of art's creation. This creation of art also has an outward or phenomenological dimension. In this respect, I investigate the ways in which phenomenological perception, via Maurice Merleau-Ponty's hermeneutic insights into artistic activity, might offer to contemporary arts practice a means of reappraising its …

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Revista Digital Amigos - Vol 17, Número 5, Aspectos Culturales, Semos Unlimited Jan 2007

Revista Digital Amigos - Vol 17, Número 5, Aspectos Culturales, Semos Unlimited

Amigos Revista Digital

Cover 1
Contenido 2
La Educación 5
¿Qué Quiere Decir Charter School? 3
Los Maestros de Christine Duncan Community Charter School 4,5,6,7
Respuesta al Crucigrama 7
Dual Language Education of New Mexico 8
Another Bilingual Education Pioneer: Henry Pascual 9,10
El Folklore 1
Dos Dichos por Roberto Mondragón: El Buen Trigo Hace Buen Pan, El Nombre va Delante delHombre 11
A New Mexico History Book 1
The Hispanic Crucible: the Legacy of La Leyenda Negra by Dr. Joseph Sánchez 12,13
Literatura 3
Poesía Mexicana de la Epoca de la Guerra con Estados Unidos 14
New Mexico Poetry from Just Before …

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Book Review: William Jeynes. Religion, Education, And Academic Success, David W. Robinson Jan 2007

Book Review: William Jeynes. Religion, Education, And Academic Success, David W. Robinson

International Christian Community of Teacher Educators Journal

In this provocative work, Dr. William Jeynes of California State University at Long Beach addresses a vital educational question: is there a statistically verifiable relationship between religious belief and academic achievement? For the non- Christian, it is a question of the social utility of religion; does a demonstrable and significant correlation between a religious mindset and measurable academic outcomes exist? Or is a secular outlook equally capable of superior educational success? For the Christian thinker, it is a question of the relationship between the root of faith and the fruit of the “strong mind” (II Tim. 1:7) promised in the …

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Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner Jan 2007

Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner

Public Law and Legal Theory Working Papers

Litigation over the effects of climate change has taken various forms, of which litigation based on international human rights law is perhaps the most ambitious. Plaintiffs argue that major emitters of greenhouse gases have violated rights to life and health by contributing to environmental and health injuries associated with global warming. International human rights litigation in international tribunals is unlikely to have any effect, but conceivably American courts might be open to these arguments in Alien Tort Statute litigation. If so, this would be a mistake. Because the health of the global climate is a public good, because American courts …

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Bioprospecting For Useful Compounds In The Venom Of Crematogaster Ants, Robert E. Mccurdy Jan 2007

Bioprospecting For Useful Compounds In The Venom Of Crematogaster Ants, Robert E. Mccurdy

Harriet L Wilkes Honors College Theses 2003 - 2009

Bioprospecting, the search for useful compounds in nature, has led to the discovery of many important pharmaceuticals. Most current bioprospecting efforts work with chemicals derived from marine invertebrates and terrestrial plants. I looked for useful compounds in a relatively unstudied source, the venom of Crematogaster ants, using Gas Chromatography-Mass Spectroscopy (GC-MS). Further studies can more accurately identify these chemicals using High Pressure Liquid Chromatography (HPLC) and Nuclear Magnetic Resonance (NMR).

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Territory Size Of The Florida Scrub-Jay (Aphelocoma Coerulescens) At Savannas Preserve State Park, Theresa E. Smith Jan 2007

Territory Size Of The Florida Scrub-Jay (Aphelocoma Coerulescens) At Savannas Preserve State Park, Theresa E. Smith

Harriet L Wilkes Honors College Theses 2003 - 2009

The Florida Scrub-jay is the only bird endemic to the state of Florida, and is entirely restricted to pyrogenic xeric oak scrublands. The species is listed as Threatened, and all populations throughout the state are in decline. The major causes of decline are habitat modification due to development and fire suppression. Preservation and proper fire management is crucial for the continued survival of the species. The territories of three families of Florida Scrub-jays at Savannas Preserve State Park were delineated, and the area calculated using 100% MVCP analysis and compared to work previously published by Cowan (2005). The results of …

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Personnel File Of Fr. George S. Silva, Catholic Church. Archdiocese Of Santa Fe (N.M.) Jan 2007

Personnel File Of Fr. George S. Silva, Catholic Church. Archdiocese Of Santa Fe (N.M.)

Personnel Files

No abstract provided.

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Techno-Art Of Selariu Supermathematics Functions, Florentin Smarandache Jan 2007

Techno-Art Of Selariu Supermathematics Functions, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

In this album we include the so called Super-Mathematics functions (SMF), which constitute the base for, most often, generating, technical, neo-geometrical objects, therefore less artistic. These functions are the results of 38 years of research, which began at University of Stuttgart in 1969. Since then, 42 related works have been published, written by over 19 authors, as shown in the References. The name was given by the regretted mathematician Professor Emeritus Doctor Engineer Gheorghe Silas who, at the presentation of the very first work in this domain, during the First National Conference of Vibrations in Machine Constructions, Timişoara, Romania, 1978, …

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Friction Stir Processing Of Cast Magnesium Alloys, Timothy A. Freeney Jan 2007

Friction Stir Processing Of Cast Magnesium Alloys, Timothy A. Freeney

Masters Theses

"This thesis investigates the feasibility and benefits of using friction stir processing as a thermo-mechanical microstructural modification tool for local property enhancement or casting repair of magnesium alloys, specifically high strength EV31A and WE43"--Abstract, page iv.

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Innovative Solutions In Bridge Construction, Rehabilitation, And Structural Health Monitoring, Fabio Matta Jan 2007

Innovative Solutions In Bridge Construction, Rehabilitation, And Structural Health Monitoring, Fabio Matta

Doctoral Dissertations

"This dissertation includes three technical papers that investigate the development of innovative technologies for bridge construction, rehabilitation, and structural health monitoring, respectively, at different stages of the technology transfer process...The research impact is twofold: first is the introduction of promising innovative technologies in development and implementation projects with the direct involvement of forward-thinking industry partners; second is the demonstration of the validity of these technologies on the basis of a rigorous scientific approach"--Abstract, page iv.

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The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert Jan 2007

The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert

Richmond Journal of Law & Technology

Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …

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Blogger Beware: Ethical Considerations For Legal Blogs, Adrienne E. Carter Jan 2007

Blogger Beware: Ethical Considerations For Legal Blogs, Adrienne E. Carter

Richmond Journal of Law & Technology

Attorneys are, in a sense, their own gatekeepers. Like many professions, the legal profession is self-regulating.2 However, ethical and professional rules have always acted as the gates of attorney conduct – restricting and guiding attorneys in their professional actions. Ethical rules continue to serve this function when attorneys utilize the Internet to reach a larger community.

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Judicial Implementation Of The Revised Family Code In Addis Ababa, Tassew Shiferaw Gizaw Jan 2007

Judicial Implementation Of The Revised Family Code In Addis Ababa, Tassew Shiferaw Gizaw

School of Public Service Theses & Dissertations

This study is concerned with the judicial implementation of the revised family code in Addis Ababa, Ethiopia. The revised family code pertains to the family courts of Addis Ababa which are situated at the lower level of government structure. These courts have a public mandate and are the legitimate public forums wherein to authorize the implementation of the provisions of the code. Open-ended interviews were conducted with judges, attorneys and people affiliated with gender advocacy institutions. The results show that the revised family code contains both strengths and weaknesses. The strengths include the observation that the application of the revised …

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Analysis Of Ultraviolet Energy Distribution In Uv Disinfection Systems Using Monte Carlo Ray -Trace Method, Khoi Trung Nguyen Jan 2007

Analysis Of Ultraviolet Energy Distribution In Uv Disinfection Systems Using Monte Carlo Ray -Trace Method, Khoi Trung Nguyen

Civil & Environmental Engineering Theses & Dissertations

Determination of fluence rate in ultraviolet (UV) disinfection systems is a crucial part in evaluating disinfection efficiency of the systems. A robust Monte Carlo Ray Trace (MCRT) method has been developed to determine fluence rates in three-dimensional space of the systems. This is a statistical sampling method in which millions of random light energy bundles are simulated from the axis of each UV lamp and traced through the system until their energies reduce to a minimum threshold level. Inherent phenomena including refraction through quartz tubes, specular reflection at quartz tube surfaces, and absorption by quartz and water, along with specific …

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Ambiguous Women: Debates Within American Evangelical Feminism, A Syska Jan 2007

Ambiguous Women: Debates Within American Evangelical Feminism, A Syska

School of Law, Humanities and Social Sciences

This article is an analysis of major debates within American evangelical feminism since its emergence in early 1970s. It examines ways in which American evangelical feminists negotiate their identity in the daily struggle between the mundane and the sacred, home setting and church practice, and their private and public lives. Through presentation of personal stories and lived experiences it argues that evangelical feminists' ambiguity is a significant and powerful force that not only forges distinctive self-awareness among evangelical feminists, but also shapes diverse understandings of evangelical feminism and shifts the boundaries of both evangelicalism and feminism in America.

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