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Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Championed on the Supreme Court by Justices Scalia and Thomas and championed in academia most prominently by Professor Akhil Amar, textualism has in the past twenty years emerged as a leading school of constitutional interpretation. Textualists argue that the Constitution should be interpreted in accordance with its original public meaning and, in seeking that meaning, they closely parse the Constitution's words and grammar and the placement of clauses in the document. They have assumed that this close parsing recaptures original meaning, but, perhaps because it seems obviously correct, that assumption has neither been defended nor challenged. This article uses Professor …

Monetary Policy And Economic Growth: Theoretical And Conceptual Issues, D. G. Omotor

Economic and Financial Review

This article seeks to address the relationship between monetary policy and economic growth by enunciating the conceptual and theoretical issues that relate to monetary policy and economic growth. The paper is divided into five sections. Following the introduction in section 1, section 2 discusses the objectives of monetary policy. The monetary transmission mechanisms are schematically explained in section 3. Section 4 reviews the performance assessment of monetary policy and its framework in Nigeria. The constraints of monetary policy management in Nigeria are espoused in section 5. The final section concludes the paper.

Monetary Policy Transmission Mechanism In Nigeria, M. Ajayi

Economic and Financial Review

This article reviews the monetary policy transmission mechanism in Nigeria and the various challenges of the transmission process. Also, it highlights the need to continuously examine the channels of monetary policy in the economy to enhance policy design and implementation in Nigeria. The paper is divided into five parts. Following the introduction as part I, Part II, discusses conceptual issues of monetary policy transmission mechanism, while Part III gives country experiences. Part IV x-rays monetary policy transmission mechanism in Nigeria and lessons from international experiences while Part V contains the concluding remarks.

The Crab Fisherman And His Children: A Constitutional Compass For The Non-Offending Parent In Child Protection Cases, Angela Greene

Alaska Law Review

No abstract provided.

Defining And Determining Retardation In Texas Capital Murder Defendants: A Proposal To The Texas Legislature., Graham Baker

The Scholar: St. Mary's Law Review on Race and Social Justice

Although the Supreme Court of the United States ruled it is cruel and unusual to execute someone with a mental handicap, Texas statutes still do not adequately protect these individuals. Previously, the Court in Penry v. Lynaugh upheld states executing individuals with mental deficiencies. However, individual states began to outlaw such a practice. When the Court heard Atkins v. Virginia, they determined the states created a national consensus against executing persons who possess certain developmental disabilities, thus rendering it cruel and unusual. Atkins did not, however, define mental retardation and left it up to individual states to determine that criteria. …

The Real Id Act And The Negative Impact On Latino Immigrants., Arianna Garcia

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Revealing The Impurities Of Ivory Soap: A Legal Analysis Of The Validity Of The Implementation Of The No Child Left Behind Act., Andrea Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Review Of The Liquidity Requirements For Banks And Building Societies, United Kingdom: Financial Services Authority

Documents

No abstract provided.

The Role Of Online Trading Communities In Managing Internet Auction Fraud, Cecil Eng Huang Chua, Jonathan Wareham, Daniel Robey

Business and Information Technology Faculty Research & Creative Works

Internet auctions demonstrate that advances in information technologies can create more efficient venues of exchange between large numbers of traders. However, the growth of Internet auctions has been accompanied by a corresponding growth in Internet auction fraud. Much extant research on Internet auction fraud in the information systems literature is conducted at the individual level of analysis, thereby limiting its focus to the choices of individual traders or trading dyads. The criminology literature, in contrast, recognizes that social and community factors are equally important influences on the perpetration and prevention of crime. We employ social disorganization theory as a lens …

The Emergence Of Sex, Ursula Goodenough

Biology Faculty Research

Biological traits, the foci of natural selection, are by definition emergent from the genes, proteins, and other “nothing-buts” that constitute them. Moreover, and with the exception of recently emergent “spandrels,” each can be accorded a teleological dimension—each is “for” some purpose conducive to an organism's continuation. Sex, which is “for” the generation of recombinant genomes, may be one of the most ancient and ubiquitous traits in biology. In the course of its evolution, many additional traits, such as gender and nurture, have emerged. Patterns of sexual exchange are the basis for patterns of biological evolution and are central to the …

Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Towards A Comprehensive Survey Of C3 And C4 Photosynthetic Pathways In Cyperaceae, Jeremy J. Bruhl, Karen L. Wilson

Aliso: A Journal of Systematic and Floristic Botany

Members of the family Cyperaceae were surveyed by original observation and from the literature to assess the distribution of C₃ and C₄ photosynthetic pathways in the family. All 107 genera were included in the current sample, with 91 genera assessed as consistently C₃ and 11 genera as C₄. The genera Abildgaardia, Cyperus, Eleocharis, Fimbristylis, and Rhynchospora are variable for this trait. Of the total number (1474) of specific (1406) and infraspecific (68) taxa sampled, 938 taxa (63%) are C₃, 527 taxa (36%) are C₄, and nine species …

A Preliminary Phylogenetic Analysis Of The Grass Subfamily Pooideae (Poaceae), With Attention To Structural Features Of The Plastid And Nuclear Genomes, Including An Intron Loss In Gbssi, Jerrold I Davis, Robert J. Soreng

Aliso: A Journal of Systematic and Floristic Botany

Phylogenetic relationships in the grass family (Poaceae), with specific attention to the internal structure of subfamily Pooideae, are analyzed on the basis of nucleotide sequence variation in plastid-encoded genes (matK, ndhF, ndhH, and rbcL). The resulting phylogenetic hypothesis was examined with attention to the taxonomic distributions of two inversions and an insertion/deletion within ndhF, the absence of intron 10 of the nuclear gene GBSSI (waxy), and positions of the boundaries between the Short Single Copy (SSC) region and the neighboring Inverted Repeat (IR) regions of the plastid genome, relative to the endpoints of ndh …

Dr. Lourdes Morales-Gudmundsoon, Lourdes Morales-Gudmundsson

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

The Concept Of Forgiveness In The Pentateuch, Gudmundur Olafsson

Shabbat Shalom: A Journal for Jewish-Christian Reconciliation

No abstract provided.

The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz

University of Michigan Journal of Law Reform

Psychiatric advance directives are a valuable tool for individuals with mental illnesses. Ulysses directives, in particular, allow individuals to bind themselves to treatment in advance of needing it for the purpose of overcoming illness-induced refusals. This Note evaluates the effectiveness of state advance directive statutes in three areas that are especially important for Ulysses directives: defining competency to execute, activate, and revoke directives; waiving the constitutional right to refuse treatment; and encouraging provider compliance. This Note ultimately advocates for other states to adopt provisions similar to a Washington State statute. The Washington statute authorizes Ulysses directives by allowing advance consent …

The Moral Hazard Problem With Privatization Of Public Enforcement: The Case Of Pharmaceutical Fraud, Dayna Bowen Matthew

University of Michigan Journal of Law Reform

This Article takes a law and economics approach to exploring some of the costs that arise when governments rely on private enforcement to accomplish the goals of public law. The analysis focuses on qui tam enforcement under the Civil False Claims Act, because a remarkable body of empirical data demonstrates the expansive role private qui tam relators are playing in enforcing Medicare and Medicaid fraud and abuse laws. The Article further focuses on the application of these laws to the pharmaceutical industry. This focus is enlightening because the Government, as well as private enforcers, have recently targeted this industry so …

Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis

The University of New Hampshire Law Review

[Excerpt] “Susan, an African-American nurse, has worked for a large group of physicians for nearly twenty years and is nearing the end of her career. Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans. This has put Susan in a precarious situation.

Instead of overtly discriminating against her, Susan’s supervisor complains to the large medical practice’s personnel committee that Susan’s work is substandard and she no longer is a productive worker. The committee, based on the supervisor’s report, fires Susan.

When Susan goes to court to assert her right not to be …

Attitudes Toward And Knowledge Of Affirmative Action In Higher Education, Erika Ann Carr

Dissertations

Affirmative action has become an increasingly important topic in higher education because colleges and universities are key battlegrounds regarding how affirmative action policies are enacted. Senior-level higher education administrators have historically taken the lead in shaping affirmative action policies in higher education, and knowing their own community's standpoints on the policies could assist them in deciding how to proceed in defending affirmative action in the face of increasing opposition.

This study measures individuals' attitudes toward and knowledge of affirmative action within one university in the state of Michigan, where affirmative action was banned through a state-wide election in November 2006. …

Is There A Dormant Extraterritoriality Principle?: Commerce Clause Limits On State Antitrust Laws, Michael J. Ruttinger

Michigan Law Review

State antitrust laws ordinarily supplement federal law by providing a cause of action for anticompetitive activity that occurs in the state. Some states, however, have construed their antitrust regimes to reach conduct that occurs outside the state's boundaries. Such regulation raises significant federalism and Commerce Clause concerns by creating possible extraterritorial liability for conduct with virtually no in-state effect. This Note examines two Commerce Clause standards that may limit the degree to which state antitrust laws may exercise extraterritorial force-the "dormant" or "negative" Commerce Clause and the so-called "Extraterritorial Principle." Unfortunately, the dormant Commerce Clause test, as articulated in Pike …

The New Legal Realism, Cass R. Sunstein, Thomas J. Miles

Coase-Sandor Institute for Law & Economics Research Paper Series

The last decade has witnessed the birth of the New Legal Realism—an effort to go beyond the old realism by testing competing hypotheses about the role of law and politics in judicial decisions, with reference to large sets and statistical analysis. The New Legal Realists have uncovered a Standard Model of Judicial Behavior, demonstrating significant differences between Republican appointees and Democratic appointees, and showing that such differences can be diminished or heightened by panel composition. The New Legal Realists have also started to find that race, sex, and other demographic characteristics sometimes have effects on judicial judgments. At the same …

Are Judges Overpaid?: A Skeptical Response To The Judicial Salary Debate, Eric A. Posner, G. Mitu Gulati, Stephen J. Choi

Coase-Sandor Institute for Law & Economics Research Paper Series

Nearly everyone thinks that judges are underpaid, but theory and evidence provide little support for this view. Theory suggests that increasing judicial salaries will improve judicial performance only if judges can be sanctioned for performing inadequately or if the appointments process reliably screens out low-ability candidates. However, federal judges and many state judges cannot be sanctioned, and the reliability of screening processes is open to question. An empirical study of the high court judges of the 50 states provides little evidence that raising salaries would improve judicial performance. The case for a pay raise has not been made.

Research Students In The Electronic Age: Impacts Of Changing Information Behavior On Information Literacy Needs, Kirsty Williamson, Vivienne Bernath, Steven Wright, Jen Sullivan

Communications in Information Literacy

Because of the rapid uptake of information and communication technology (ICT), understanding the ways in which information seeking has changed over the past decade is crucial to gaining a picture of how information literacy needs may also be changing in the electronic age. This qualitative research took an interpretivist/ constructivist approach in examining the ways in which access to electronic information-seeking affects the information literacy needs of 15 research students in an Australian university setting. An ethnographic technique, the interview, was used for the data collection. Three particular areas, related to information seeking and use, were selected: (1) information source …

Information Literacy For Social Workers: University At Albany Libraries Prepare Msw Students For Research And Practice, Mary Jane Brustman, Deborah Bernnard

Communications in Information Literacy

In a series of workshops, University at Albany librarians collaborate with the School of Social Welfare to impart information literacy skills to Master in Social Work students. The rationale, curriculum, and embedded ACRL information literacy standards are discussed. Also presented are assessments and a discussion of the challenges of implementation.

From Pork To Kapores: Transformations In Religious Practice Among The Jews Of Late Imperial Kiev, Natan Meir

Judaic Studies Faculty Publications and Presentations

Until recently, studies of Jewish religious practices in Imperial Russia have focused on major movements such as Hasidism and mitnagdism as well as the challenges that Haskalah presented to traditional Judaism. Few scholars have scrutinized transformations in everyday religious practices such as the observance of Sabbath and other holidays, synagogue attendance, and liturgical practices. However, new political, social, and economic realities had generated subtle changes in religious practices even in earlier periods and it comes as no surprise, therefore, that religious practices among Jews during the tsarist period, especially in Kiev, were neither monolithic nor static. This article provides a …

Stand Dynamics Of An Old-Growth Hemlock-Hardwood Forest In West Virginia, Nathan R. Beane

Graduate Theses, Dissertations, and Problem Reports (ETD)

Cathedral State Park (CSP) is a 54-ha, old-growth, hemlock-hardwood forest located in the central Appalachian Mountains of West Virginia. Trees larger than 100 cm diameter at breast height (dbh) and 35 m tall are common. Hemlock woolly adelgid (HWA) (Adelges tsugae Annand) is an exotic insect that currently threatens eastern hemlock (Tsuga canadensis (L.) Carr.) throughout its native range, and was found in CSP in 2002. In 2006, field plots established in 2000 were remeasured to assess adelgid-induced changes to forest structure and species composition. The herbaceous plant community was also measured during the 2006 growing season to describe how …

Market Risk Analysis Of Coal Liquefaction, Huan Mei

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study addresses the risks associated with coal liquefaction using a market risk simulation approach. The study can be divided into four phases: (i) identify the sources of risk, (ii) examine the relationships among different sources that cause the risk, (iii) estimate the risk level based on the sources of risk using statistical and financial method and (iv) provide conclusions and recommendations for risk analysis.;Market risk is considered the most important risk for commercial scale coal liquefaction projects and is one of the biggest obstacles to commercialization. This study analyses market risk and discusses methods to lower this type of …

Choice Among Stimuli In Equivalence Classes, Christina Alligood

Graduate Theses, Dissertations, and Problem Reports (ETD)

Stability in responding to stimuli within equivalence classes has implications for the maintenance of classes and the ease at which they can be reformed. One way of investigating stability is to examine accuracy and speed of responding as a function of nodal number, or the number of nodes between stimuli in a class. Previous research suggests that subjects respond more quickly and more accurately on relations involving fewer nodes (Fields, Adams, & Verhave, 1989 [May]; Fields, Adams, Verhave, & Newman, 1990; Fields, Adams, & Verhave, 1993; Fields, Landon-Jiminez, Buffington, & Adams, 1995; Spencer & Chase, 1996). A second way to …