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Secrecy And Separated Powers: Executive Privilege Revisited, Heidi Kitrosser

Articles

This Article considers the constitutional validity of executive privilege claims made by the President against statutorily authorized information requests. The Article concludes that such claims are constitutionally illegitimate and that courts, when turned to, should order compliance with statutorily authorized demands for information in the face of executive privilege claims. This conclusion is reached in two steps. First, perusal of Article I's list of legislative powers and Article II's list of presidential powers does not clearly resolve the issue. Rather, such perusal alone offers fair ground to deem control of executive branch information both within Congress' "sweeping clause" power and …

Misuse, Thomas F. Cotter

Articles

The misuse defense in copyright and patent law is something of an anomaly. Under the approach favored by many courts that have considered the defense, misuse is defined as the broadening of one's copyright or patent with anticompetitive effect. When a defendant in a copyright or patent infringement suit succeeds in proving that the plaintiff has misused its copyright or patent, the court typically enters judgment that the copyright or patent is unenforceable until the misuse is purged. There is no necessary requirement that the copyright or patent defendant itself has been a victim of the misuse (the "standing" anomaly); …

Domestic Agreements, Brian H. Bix

Articles

In this Article I want to explore the treatment of certain domestic agreements in family law and to see what can be learned about law and families. It is a clich6, in discussions of family law and agreements, to point to Sir Henry Maine's famous quotation that society has moved "from Status to Contract."' I will not disappoint expectations here. The Maine quotation is usually offered ironically-and perhaps defiantly-in family law articles, as this is one area where status has stoutly, and largely successfully, resisted being overtaken by contract.

The Effects Of Histone H1 And Benzo[A] Pyrene On Chromatin Modifying Complexes., Zeina Salim Al Natour

Theses

Packaging of DNA into the condensed structure of chromatin presents a barrier to many cellular processes that require DNA access such as transcription and replication. This problem is solved, in part, by the action of various complexes that modify the chromatin structure so that it becomes more accessible and, therefore, a more suitable platform for these processes. ATP-dependent chromatin remodeling complexes and histone acetyltransferases are examples of many chromatin modifying complexes that work to alleviate chromatin-mediated repression. Histone H1 is an important component of chromatin which serves in both stabilizing and folding of chromatin into a higher order structure. Many …

Ida Accessibility: Learning More About Whether Individual Development Accounts Can Work For Canada’S Poor, Molly Elliott

Theses and Dissertations (Comprehensive)

Individual Development Accounts (IDAs) or matched saving accounts are programs designed to facilitate the building of capital and assets in low-income households. Based on the model of asset-based welfare policy, these programs propose to combat poverty through inclusion of the poor in asset building opportunities, which traditionally have been available to only middle and upper income households. Described as an anti-poverty strategy, Individual Development Accounts are growing in international popularity with asset-based policies already being included in Canadian income assistance programs. In order to better understand what some of the barriers might be to this anti-poverty program structure, this thesis …

Spatial Relationships Of Carbon Dioxide Exchange In An Upland Forested Wetland Complex In The Western Boreal Plain, Alberta, Canada, Danielle M. Solondz

Theses and Dissertations (Comprehensive)

This study examined the midday (10:00 - 16:00) growing season (April - October) surface cover CO₂ relationships with different canopy closures and microtopography (lawn and depression) in a forested upland - peatland - pond complex in the Western Boreal Plain, north - central Alberta, Canada. A dynamic - closed chamber technique was used to: evaluate the relative contributions of heterotrophic and autotrophic respiration and photosynthesis and assess the relative roles of substrate, plant communities, hydrology, and microclimates on CO₂ exchange.

Large differences were observed among the forest floors of landscape units with different canopy covers with respect to …

Powerful Cultures: Indigenous And Western Conflict Resolution Processes In Cambodian Peacebuilding, Mneesha Gellman

Emerson Authors, Researchers, & Creators

In this essay I explore the role of cultural differences and disparities in power in western and indigenous mediation and cross cultural conflict resolution processes. I unpack several complex key terms such as mediation, culture, conflict, and power to make their role in conflict visible. Conflict resolution literature serves as my foundation for offering insights about the nature of culture and power, and the way these elements are operationalised in the practice of mediation. This paper draws on recent fieldwork in Cambodia in order to identify the challenges of praxis as a conflict resolution practitioner in an intercultural work environment. …

Client Responsibility For Lawyer Conduct: Examining The Agency Nature Of The Lawyer-Client Relationship., Grace M. Giesel

Faculty and Staff Scholarship

In the 1962 decision of Link v. Wabash Railroad Co., the United States Supreme Court reviewed a district court's sua sponte dismissal of a diversity negligence action. Six years after the plaintiff filed the matter, the district court scheduled a pretrial conference and gave counsel two weeks notice of the scheduled conference. On the day of the conference, plaintiffs counsel called the court to say that he would be unable to attend the conference, giving the impolitic reason that he was busy preparing some documents for the state supreme court. The attorney did not attend the conference, and the district …

Environmental Information Systems And Community-Based Resource Management In Ghana: An Investigation Of Institutional Policy And Implementation In Context, Abednego Ayitey Aryee

Theses and Dissertations (Comprehensive)

This study employed a case-study approach and cross-case analysis to investigate the impact of Environmental Information Systems (EIS) and Local Knowledge Systems (LKS) on agro-forestry management and biodiversity conservation. Questionnaire-based interviews with service providers, resource managers and focus group discussions with farmers associated with the United Nations Capacity 21, the Netherlands Tropenbos International (TBI) and the United Nations Project on People Land Management and Conservation (UNPLEC), projects yielded in-depth information on agro-forestry practices in southern Ghana. The findings of the survey revealed that computer-based information systems have been used to identify areas of resource degradation. This has served as a …

A Qualitative Study Of Experiences Of Aboriginal Caregivers Of Children With Developmental Disabilities, Joyce Ellen Clouston

Theses and Dissertations (Comprehensive)

A qualitative study of 20 caregivers of Aboriginal children with developmental disabilities revealed that caregivers continue to be guided by values rooted in traditional Aboriginal societies where all children were considered gifts of the Creator. The lives of vulnerable children had purpose, they were treated with respect, and the self-growth of the caregiver was connected to care of the child. The needs of young families were supported within a web of relationships in family and community. Disruptions to traditional family relationships began in the colonial era with the negation of Aboriginal culture and spirituality, and continue in many communities in …

Efficiency Analysis Of K-12 Public Education In Illinois, Paul D. Melvin Ii, Subhash C. Sharma

Economics Discussion Papers

The public education system in the United States has received a great deal of attention from both constituents and policy makers alike over the past thirty years. Identifying less efficient school districts and examining the sources of inefficiency has important policy implications. School districts might improve efficiency by managing educational resources differently. In this paper, we estimate technical efficiency for all three types of school districts in the state of Illinois K-12 public education system. Technical efficiency in the Illinois school system averaged 90% for unit school districts, 85% for elementary school districts, and 82% for high school districts. We …

Carbon Nanotube Augmentation Of A Bone Cement Polymer, Brock Holston Marrs

University of Kentucky Doctoral Dissertations

Acrylic bone cement is widely used as a structural material in orthopaedics, dentistry, and orofacial surgery. Although bone cement celebrates four decades of success, it remains susceptible to fatigue fracture. This type of failure can directly lead to implant loosening, revision surgery, and increased healthcare expenditures. The mechanism of fatigue failure is divided into three stages: 1) fatigue crack initiation, 2) fatigue crack propagation, and 3) fast, brittle fracture. Adding reinforcing fibers and particles to bone cement is a proposed solution for improving fatigue performance. The mechanical performance of these reinforced bone cements is limited by fiber ductility, fibermatrix de-bonding, …

Pope John Paul Ii And The Law: Foreword, Elizabeth Kirk

Scholarly Articles

Given John Paul II's significant presence on the world stage, it is appropriate to ask what his impact might be on particular fields of inquiry or professional vocations. As lawyers, then, we might ask: what were John Paul II's thoughts on the nature of law and jurisprudence? What will be his legacy in terms of the civil law? How can we, as civil lawyers, best mine the rich lode of his intellectual legacy? To begin to answer these questions and to suggest a way forward under the guidance of John Paul II, it is fitting that the Notre Dame Journal …

Cigarette Smoking As A Public Health Hazard: Crafting Common Law And Legislative Strategies For Abatemen, George P. Smith Ii

Scholarly Articles

The debate over when, and to what extent, the government may regulate public smoking, is a contentious one of great moment. The point at which the line will be drawn with regard to an individual's right to smoke in public is narrowing. This right may stop at public restaurants and the workplace; or it may reach as far as public stadia, outdoor gathering spots and public streets. In 2006, one report showed 461 municipalities in thirty-three states and the District of Columbia, had adopted one-hundred percent smoke-free coverage in restaurants, bars or workplaces; and 135 municipalities had one-hundred percent coverage …

Policy Making And The New Medicine: Managing A Magnificent Obsession, George P. Smith Ii

Scholarly Articles

Scientific issues become - inevitably - political issues because of one principal fact: they put in focus the extent to which the government can restrict private medical research undertakings - either in the name of generational safety, morality or the public good. The multiple and varied concerns of applying the New Medicine, derived as such from the New Biology, conduce - essentially - to a suspicion continued reductionism in the biological analysis of humans will erode the notions of autonomy, dignity and personal integrity that have traditionally justified the constitutional protection of civil liberties. Driven by painful technologies and sciences, …

Introduction To The Symposium On Reexamining The Law Of War, Marshall J. Breger, Marc D. Stern

Scholarly Articles

No abstract provided.

The Revitalization Of Ake: A Capital Defendant’S Right To Expert Assistance, Cara H. Drinan

Scholarly Articles

Under Ake v. Oklahoma, indigent capital defendants are entitled to a wide array of expert assistance at both the conviction and sentencing phases of trial. Historically, the Ake entitlement has been under-utilized for both structural and normative reasons. However, today Ake is in the process of being revitalized. Recent Supreme Court decisions and the revised American Bar Association (ABA) Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases offer the hope that the theoretical entitlement of Ake will be fully realized. Moreover, if that occurs, one of two outcomes is likely to ensue at the state …

The Pivotal Role Of The Corporate General Counsel In Promoting Corporate Integrity And Professional Responsibility, Sarah Helene Duggin

Scholarly Articles

Part I of this article begins with an overview of the history of the corporate general counsel position and then outlines formal and informal roles contemporary general counsel play, concluding with a discussion of the importance of a broad vision of the role in fostering corporate integrity and professional ethics. Part II looks at the responsibilities of general counsel in connection withSarbanes-Oxley and the 2003 amendments to the Model Rules of Professional

Conduct.

Part III focuses on two areas that merit careful consideration concerning the role of general counsel in the struggle to promote corporate integrity and professional responsibility. The …

Defense Access To A Prosecution Witness’S Psychotherapy Or Counseling Records, Clifford S. Fishman

Scholarly Articles

No abstract provided.

Congressional Devolution Of Immigration Policymaking: A Separation Of Powers Critique, Roger C. Hartley

Scholarly Articles

For roughly a decade, federal legislation has devolved to the states some of Congress's authority to adopt immigration policies that discriminate against permanent resident aliens. Equal protection challenges to discriminatory state policies so authorized by Congress raise the knotty issue of the appropriate scope of judicial review. Courts remain divided. The source of the difficulty is that the equal protection "congruence principle" is not applicable to alienage discrimination. Unlike equal protection cases throughout most of constitutional law, the judiciary deploys different standards of judicial review in alienage discrimination cases depending on whether the discrimination arises under federal or state law. …

Separating State From Church: Researching The Legal System Of The Vatican City State, Stephen E. Young, Alison Shea

Scholarly Articles

Mr. Young and Ms. Shea discuss the unique situation of the Vatican City State in legal research. They provide an overview of the founding documents and the constitutional structure of the world's smallest sovereign nation, a discussion of the complex nature of the Vatican's international status, and a bibliographic essay covering the materials most likely to be available in law libraries in the United States.

Assessing Rodenticide Hazards: Improving The Art And Science Of Risk Assessment, John J. Johnston

United States Department of Agriculture Wildlife Services: Staff Publications

Non-target hazards represent the most significant hurdle to the continued and possibly expanded use of anticoagulant rodenticides. In addition to the possibility of non-target access to the rodenticide bait, non-target scavenger and/or predator species may be exposed to these rodenticides via feeding on the carcasses of poisoned target species. Risk assessments provide a means to estimate the probability of rodenticide associated effects to target and non-target species. Quantification of risk provides critical information for decision-makers to weigh the benefits versus the risks of proposed rodenticide uses. This manuscript reports on the development of a probabilistic risk assessment model for quantifying …

Lagomorph And Rodent Responses To Two Protein Hydrolysates, Julia A. Figueroa, Bruce A. Kimball, Kelly R. Perry

United States Department of Agriculture Wildlife Services: Staff Publications

Various species of rodents and lagomorphs were used in bioassays to determine the effectiveness of protein hydrolysates (specifically hydrolyzed casein and gelatin) as herbivore repellents. Mixed sex groups of captive rabbits, pocket gophers, voles, and mountain beavers were offered hydrolyzed casein or gelatin test diets in single-choice tests following a training period with a hydrolysate-free diet. The effectiveness of either hydrolyzed casein or gelatin was dependent on the species. Hydrolyzed casein was identified as an effective repellent for mountain beavers and pocket gophers as these species showed a strong avoidance of hydrolyzed casein diets. Rabbits demonstrated slightly higher avoidance of …

The Notice Problem, Unlawful Electronic Surveillance, And Civil Liability Under The Foreign Intelligence Surveillance Act, Andrew Adler

University of Miami Law Review

No abstract provided.

How To Allocate Responsibilities Between The Navy And Coast Guard In Maritime Counterterrorism Operations, Douglas Daniels

University of Miami Law Review

No abstract provided.

Radicalism In American Political Thought : Black Power, The Black Panthers, And The American Creed, Christopher Thomas Cooney

Dissertations and Theses

American Political Thought has presented somewhat of a challenge to many because of the conflict between the ideals found within the "American Creed" and the reality of America's treatment of ethnic and social minorities. The various forms of marginalization and oppression facing women, blacks, Native Americans, and Asian-Americans have been as much a part of the story of America as have been natural rights and the Constitution.

Taking this into account, this thesis is an effort to argue that the radicalism on display in the Black Panther Party, a group that emerged in the turmoil of the 1960' s, was …

2007-2008 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2007-2008 undergraduate catalog for Morehead State University.

Corporate Responsibility: The Case Of Big Tobacco, Aaron Barlow

Publications and Research

Barlow recounts his experience on a jury on a major case relating to the tobacco industry.

"Unrighteous Compact": Louisa May Alcott's Resistance To Contracts And Promises In Moods, Nina Bannett

Publications and Research

Alcott’s first adult novel, Moods, initially published in 1864, presents oral promises between women as extralegal alternatives to standard legal contracts between men and women. In the 1864 edition of Moods, Alcott's protagonist, Sylvia Yule, fails to understand the constraints of marriage as a type of contract, and the results are dramatic. In fact, Alcott undermines the idealized marriage plot so crucial to her later, wildly popular works like Little Women (1868-69). In the 1864 Moods, Alcott boldly questions both legal contracts and oral promises characteristic of nineteenth-century conceptions of romantic love and heterosexual friendship.

The Canon Of American Legal Thought, Robert E. Rodes

Journal Articles

Professors Kennedy and Fisher have put together a book containing twenty essays, most of them first published in law reviews. They are elegantly presented, and each is preceded by an introductory essay by one of the editors, which provides background information on the author, analyzes the piece lucidly and succinctly, and situates it in the development of American legal thought. Each piece is also preceded by a bibliography, which further situates it by describing the rest of the author's work and summarizing the commentary it has evoked. All the works are given in full, adding considerably to what can be …