Digital Commons Network^™

The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller

Michigan Law Review

The first two terms of Franklin Roosevelt's presidency (1933-1941) were periods of great administrative innovation. Responding to the Great Depression, Congress created scores of new administrative agencies charged with overseeing economic policy and implementing novel social welfare programs. The story of the constitutional difficulties that some of these policy innovations encountered is a staple of both New Deal historiography and the constitutional history of twentieth-century America. There has been very little writing, however, about how courts and the New Deal-era administrative state interacted after these constitutional battles ended. Having overcome constitutional hurdles, these administrative agencies still had to interact with …

Prologue To A Voluntarist War Convention, Robert D. Sloane

Michigan Law Review

This Article attempts to identify and clarify what is genuinely new about the "new paradigm" of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions-in both the formal and informal senses of that word-onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse "party" to the conflict …

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

Michigan Law Review

Championed on the Supreme Court by Justice Scalia and Justice Thomas and in academia most prominently by Professor Akhil Amar textualism has emerged within the past twenty years 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 …

"Show-Me" No Rice Pharming: An Overview Of The Introduction Of And Opposition To Genetically Engineered Pharmaceutical Crops In The United States, Jillian S. Hishaw

Journal of Food Law & Policy

Farmers in California and Missouri have one thing in common- opposition to the production of genetically modified (GM) "pharma" crops.' A pharmaceutical crop, or "pharma" crop, is a plant that has been genetically altered so that it produces proteins which are used as drugs. Pharmaceutical companies can then harvest the crop and isolate the proteins, which may be used to make human or veterinary drugs. Farmers' fears include a variety of health and environmental hazards; in particular, they fear contamination of their regular crops and the associated market loss. These concerns surfaced in both states where Ventria Bioscience announced plans …

2006 Summary Of Highway Revenues, Distributions, & Expenses For Indiana Counties, Cities, & Towns, Indiana Ltap

Indiana Local Technical Assistance Program (LTAP) Publications

This report provides information on revenues, distributions, and expenses of state and local governments for highway, road, and street work. Since the Motor Vehicle Highway (MVH) and Local Road and Street (LRS) Accounts are the principal source of funds for local road or street construction and maintenance operations, this summary may be used to see the trends in income sources and in the expenses charged to the funds prior to their being distributed to the highway, road, and street agencies.

Intel And Costa Rica: A Model For Global Expansion, Economic Development And Sustainability, Isabel Dulfano

Global Business Languages

No abstract provided.

Bridging Cultural Barriers In Bicultural Projects: More Than Translation And Interpretation Of Language, Taira Koybaeva

Global Business Languages

No abstract provided.

Expanding The Field: Current Issues In Business German, Katherine Barbe

Global Business Languages

No abstract provided.

Study-Abroad And Internship Programs: Reflection And Articulation For Lifelong Learning, Ikuko Kurasawa, Ayumi Nagatomi

Global Business Languages

No abstract provided.

Fundulus As The Premier Teleost Model In Environmental Biology: Opportunities For New Insights Using Genomics, Bernard Rees

Biological Sciences Faculty Publications

A strong foundation of basic and applied research documents that the estuarine fish Fundulus heteroclitus and related species are unique laboratory and field models for understanding how individuals and populations interact with their environment. In this paper we summarize an extensive body of work examining the adaptive responses of Fundulus species to environmental conditions, and describe how this research has contributed importantly to our understanding of physiology, gene regulation, toxicology, and ecological and evolutionary genetics of teleosts and other vertebrates. These explorations have reached a critical juncture at which advancement is hindered by the lack of genomic resources for these …

A Corporate Visit Program Within A Summer Immersion And A Business Language Curriculum, Maria Bourlatskaya, Susanne Shields, Ricardo Diaz

Global Business Languages

No abstract provided.

Language For The Professions: A New Perspective On Course Design, Maria Florencia Tebano Basaluzzo

Global Business Languages

No abstract provided.

Miss Universe In The Land Of Missery: Ecuador's Contradictory Development Package, Isabel Dulfano

Global Business Languages

Given the wealth generated by oil reserves as well as the promise of economic recovery through dollarization, it is striking to note that the sociopolitical and economic reality of Ecuador contradicts theoretical predictions of prosperity and growth. Economics is only part of the explanation. In fact, social and cultural factors have had a dramatic impact on the current state of affairs in Ecuador. The country faces many of the challenges evident in other Latin American countries and thus serves as a microcosm of regional development issues. We examine the indigenous movement, economic crisis, rainforest preservation, migration, and other factors affecting …

Programs Abroad And Internships: Spanish For Business And International Business Students, Carlos M. Coria-Sánchez

Global Business Languages

No abstract provided.

Protection By (Dis)Association, James Archibald

Global Business Languages

No abstract provided.

What Do Ads Add To The Classroom, Irina Six

Global Business Languages

No abstract provided.

Business Languages And The Use Of English In Multilingual Switzerland, Margrit Zinggeler

Global Business Languages

Switzerland, the small, highly industrialized, neutral nation, is known for its linguistic diversity (four national languages) and international appeal for business and humanitarian organizations. This article describes the historical background of language and industrial development in Switzerland, and it examines how language use in the workplace, in school, and at home has changed over the last decades. To illustrate these changes, it uses data from the national census of 1990 and 2000 as well as academic investigations about language distribution. The main focus is on how English has become a major business language and how schools are responding to the …

What's So Free About Freelancing? -- The Second Circuit's Decision In Muchnik V. Thomson Corp. (In Re Literary Works In Elec. Databases Copyright Litig.), William M. Hannay

Against the Grain

No abstract provided.

Back Talk -- Libraries: Home Away From Home?, Anthony (Tony) W. Ferguson

Against the Grain

No abstract provided.

The Authenticity Of Business Simulations In Esp: Implications For Materials Design, Diana Phillips, Jonathan Clifton

Global Business Languages

In this article we set out how authentic materials for a performance appraisal simulation help MBA students—both full-time and professionals—to acquire the linguistic and management skills that they will need to carry out a practical business task. The simulation was designed for a course in Management Communication that has been taught as part of the MBA course at the University of Antwerp Management School (UAMS) and the Executive MBA courses at the University of Warsaw and the Institute of Business Studies in Moscow. The design of these materials will be explained with reference to the notion of authenticity.

The Continued Vitality Of Prophylactic Relief, Tracy A. Thomas

Akron Law Faculty Publications

The categorization of a separate type of “prophylactic” injunction and its continued prevalence in the courts provides a framework by which to evaluate the legitimacy of broad injunctions. Such broad injunctive relief has been conventionally theorized as simple judicial activism, and has been attacked accordingly. The theory of prophylaxis provides an alternative narrative by which to evaluate injunctive relief in order to retain valuable and effective judicial remedies. Rather than striking down all broad injunctive relief as the dominant discourse demands, the concept of the prophylactic injunction provides language through which jurists and lawyers can navigate the real issues of …

Proportionality And The Supreme Court's Jurisprudence Of Remedies, Tracy A. Thomas

Akron Law Faculty Publications

The evolution of the Supreme Court’s remedial jurisprudence evinces a quest for the ultimate judicial measure of appropriate relief, emerging as a norm of remedial proportionality. The Court’s decisions since 2000 on punitive damages, injunctions, and remedial legislation, all mandate a strict balance and precise measurement in the formulation of civil remedies. These cases have often fallen below the radar of general interest or have been ignored for their remedial significance. However, these cases demonstrate, somewhat surprisingly, the manner in which the Court has ventured into the arena of common-law remedies to unexpectedly alter the foundational principles of crafting remedies. …

Gender Disparity In Nigerian Education: Women’S Experience Of Barriers To Equal Educational Opportunity, Eugene Okoli

Dissertations

Discrepancies between males and females in access to schooling, school completion rates, and participation in employment opportunities are still more the norm in some regions of the world than others. Limited access to education plagues women in Nigeria as well as in Sub-Saharan Africa. Disparity in access to educational opportunity is a pressing gender equity issue in Nigeria (World Bank, 2003).

Relatively few studies have focused on obtaining the viewpoints of women who experience this phenomenon. To hear the voices of these women regarding how they gained or were denied access to education in the Nigerian context, a cross-section of …

The Importance Of Ideas: An A Priori Critical Juncture Framework, John Hogan

Articles

This paper sets out an improved framework for examining critical junctures. This framework, while rigorous and broadly applicable and an advance on the frameworks currently employed, primarily seeks to incorporate an a priori element. Until now the frameworks utilized in examining critical junctures were entirely postdictive. Adding a predictive element to the concept will constitute a significant advance. The new framework, and its predictive element, termed the “differentiating factor,” is tested here in examining macro-economic crises and subsequent changes in macro-economic policy, in America and Sweden.

The Long-Term Teratogenic Effect Of Prenatal Alcohol Exposure On The Somatosensory And Motor Cortex Of Rats, Tyson Chappell

Theses and Dissertations (ETD)

The primary goal of this dissertation was to examine the long-term effect of prenatal alcohol exposure (PAE) on the primary somatosensory (SI) and primary motor cortex (MI). For over 30 years, PAE has been shown to produce a triad of symptoms (growth deficits, craniofacial dysmorphologies and central nervous system disruptions) diagnosed as fetal alcohol syndrome (FAS) in children and adults. Since low to moderate levels of prenatal alcohol exposure are less likely to produce FAS symptoms in children, the term “PAE” in this dissertation typically refers to heavy/abusive/chronic levels of prenatal alcohol exposure (in humans this equates to 5+ drinks/per …

Homerus Lex: Investigating American Legal Culture Through The Lens Of The Simpsons, Kimberlianne Podlas

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Fiduciary Duty To Teach Those Who Don't Want To Learn: The Potentially Dangerous Oxymoron Of "College Sports", Richard Salgado

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Estop In The Name Of Love: A Case For Constructive Marriage In Virginia, Andrew W. Scott

William & Mary Law Review

No abstract provided.

Betting On The Wrong Horse: The Detrimental Effect Of Noncompliance In The Internet Gambling Dispute On The General Agreement On Trade In Services (Gats), Kathryn B. Codd

William & Mary Law Review

No abstract provided.

My Son, Listen To The Instruction Of Your Father : An Analysis Of How The Father’S Rhetoric In Proverbs 1-7 Continues And Climaxes In Proverbs 8-9, Samuel Hsiao-Yung Liu

Doctor of Philosophy Dissertation

Liu, Hsiao-Yung (Samuel) "My Son, Listen to the Instruction of Your Father: An Analysis of How the Father Rhetoric in Proverbs 1-7 Continues and Climaxes in Proverbs 8-9." Ph.D. diss., Concordia Seminary, 2007. 200 pp.

This dissertation proposes the thesis that the father's rhetoric in Prov 1-7 continues and climaxes in Prov 8-9, thus supporting the unity of Prov 1-9. Although diverse voices and genres make the reading of Prov 1-9 difficult, there still exists the unifying perspective of the implied speaker in the text, which is the father's rhetoric,

Therefore, assuming that one single author or editor completed the …