Digital Commons Network^™

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 …

A Spatial-Temporal Approach To Surveillance Of Prostate Cancer Disparities In Population Subgroups, Chiehwen E. Hsu, Francisco Soto Mas, Jerry A. Miller, Ella T. Nkhoma

Faculty, Staff and Student Publications

BACKGROUND: Prostate cancer mortality disparities exist among racial/ethnic groups in the United States, yet few studies have explored the spatiotemporal trend of the disease burden. To better understand mortality disparities by geographic regions over time, the present study analyzed the geographic variations of prostate cancer mortality by three Texas racial/ethnic groups over a 22-year period.

METHODS: The Spatial Scan Statistic developed by Kulldorff et al was used. Excess mortality was detected using scan windows of 50% and 90% of the study period and a spatial cluster size of 50% of the population at risk. Time trend was analyzed to examine …

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 …

Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain

Journal Articles

No abstract provided.

Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara J. Fick, Alma Clara Garcia Flechas

Journal Articles

Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.

The Much Maligned 527 And Institutional Choice, Lloyd Hitoshi Mayer

Journal Articles

The continuing controversy over 527 organizations has led Congress to impose extensive disclosure requirements on these political organizations and to consider imposing extensive restrictions on their funding as well. The debate about what laws should govern these entities has, however, so far almost completely ignored the fact that such laws raise a complicated institutional choice question.

This Article seeks to resolve that question by developing a new institutional choice framework to guide this and similar choices. The Article first explores the context for making this determination by describing the current laws governing 527s, including both federal election laws administered by …

Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead

Journal Articles

Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …

Pluralism, Dialogue, And Freedom: Professor Robert Rodes And The Church-State Nexus, Richard W. Garnett

Journal Articles

The idea of church-state separation and the image of a wall are at the heart of nearly every citizen's and commentator's thinking about law and religion, and about faith and public life. Unfortunately, the inapt image often causes great confusion about the important idea. What should be regarded as an important feature of religious freedom under constitutionally limited government too often serves simply as a slogan, and is too often employed as a rallying cry, not for the distinctiveness and independence of religious institutions, but for the marginalization and privatization of religious faith.

How, then, should we understand church-state separation? …

Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny

Journal Articles

It is a great honor for me to have been asked to contribute to this issue of the Journal of Law and Religion focusing on the work of my colleague and friend, Robert E. Rodes, Jr. In June 2006, Professor Rodes celebrated his fiftieth anniversary as a member of the faculty of Notre Dame Law School. His long career has marked him as a founding father of interdisciplinary scholarship at the intersection of faith, law, and morality—the very sort of scholarship which this journal is dedicated to fostering and preserving.

The topics that Professor Rodes has considered over the years …

From Family To Individual And Back Again, Margaret F. Brinig

Journal Articles

Loving v. Virginia has been thought of in many ways: as an important step toward full equality for African-Americans, as, more generally, a statement about the suspect classification of race, as a declaration about the fundamental nature of marriage, and as a critical addition to the construction of the right to privacy (as well as, of course, exemplified in the validation of the Lovings' own marriage).

In my contribution to the first Loving symposium, I wrote about the increasing tendency of the Supreme Court, following the 1967 decision, to treat the rights of intimacy as belonging to the individual adults …

On Hart's Ways: Law As Reason And As Fact, John M. Finnis

Journal Articles

This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (c) relative inattention to the deliberations of law-makers as distinct from subjects of the law. These flaws contributed to a concept …

Addressing Urban High-Poverty School Teacher Attrition By Addressing Urban High Poverty School Teacher Retention: Why Effective Teachers Perservere, Sueanne E. Mckinney, Robert Q. Berry, Daniel L. Dickerson, Gloria Campbell-Whately

Teaching & Learning Faculty Publications

Recruiting and retaining quality teachers specific for high-poverty schools in urban areas is a national concern, especially in light of the "No Child Left Behind" federal legislation. The educational realities, detrimental effects of poverty, and human despair that often depress low-income communities can prove to be quite overpowering for many teachers new to the profession and significantly contribute to high levels of teacher absenteeism, attrition rates, and teacher shortages. Examining this issue through a new lens, that being through the eyes of effective urban high-poverty school educators, has the potential to spark spirited conversations and debates among policy makers and …

Table Of Contents - Issue 2

Missouri Law Review

Table of Contents - Issue 2

Table Of Contents - Issue 4

Missouri Law Review

Table of Contents - Issue 4

Imposing A Cap On Capital Punishment, Adam M. Gershowitz

Missouri Law Review

This Article argues that because prosecutors have discretion to seek the death penalty and too many cases, they lack the incentive to police themselves and choose carefully. Put simply, because there are too few legal constraints - and virtually no political constraints - on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no …

Missouri's Nonpartisan Court Plan From 1942 To 2005, Charles B. Blackmar

Missouri Law Review

Missouri's Constitution of 1821 provided for the appointment of all superior court judges by the governor, in the manner which prevailed in most of the states then members of the union. With the advent of Jacksonian democracy, a feeling developed that all persons holding important public positions should be elected by the voters, and most of the states opted for the popular election of trial and appellate judges. In 1848, Missouri amended its constitution to provide for popular election of all judges, including judges of the Supreme Court, on partisan tickets at the regular biennial elections. Missouri continued to elect …