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Mode, Melody, And Harmony In Traditional Afro-Cuban Music: From Africa To Cuba., Peter L. Manuel

Publications and Research

No abstract provided.

Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis

Publications and Research

No abstract provided.

The Animal Question: The Key To Coming To Terms With Nature, Jim Mason

Animal Law Review

No abstract provided.

Animal Testing In Cosmetics: Recent Developments In The European Union And The United States, Laura Donnellan

Animal Law Review

Animal welfare has become a recent issue in the policy of the European Union. Since the creation of the European Economic Community (EEC) in 1957, the welfare of animals was only considered in relation to the proper functioning of the common market. Animals were seen as commodities whose interests were intertwined with agricultural and environmental policy. Over the years, the position has changed somewhat. Although a Treaty basis exists for animal welfare, the protection of animals has not yet been recognized as an important policy area of its own, and thus worthy of legal protection. As a positive step in …

2006 Animal-Law Related Articles, Brett Cattani

Animal Law Review

Animal Law is pleased to introduce as a new annual feature a bibliography of animal law-related articles published in law reviews and law journals during the previous year. For ease of reference, each article has been placed into a relevant category and each category provides a non-exhaustive list of potential topic examples. Some articles may appear in more than one category. Although we have made every effort to be as comprehensive as possible and present a complete listing of 2006 articles, this list may not be all-inclusive. We hope this compilation will serve as a useful resource in exploring contemporary …

Finding Our Voice: Challenges And Opportunitites For The Animal Law Community, Pamela Frasch

Animal Law Review

No abstract provided.

A Contractarian View Of Animal Rights: Insuring Against The Possibility Of Being A Non-Human Animal, Julie Hilden

Animal Law Review

Contemporary research results regarding non-human animals’ intelligence, emotional life, and capacity for reciprocity strongly suggest the need for a sweeping re-evaluation of their legal status as mere property. In this essay, the author will contend that the contractarian theory of philosopher John Rawls provides an ideal basis for this re-evaluation. Rawls’ theory holds that the just rules for a given real-world society are those that would rationally be chosen behind an imaginary “veil of ignorance,” where the deciding parties are placed in an “original position” in which they have no idea of their personal qualities or the positions they will …

Animal Experimentation: Lessons From Human Experimentation, Arthur Birmingham Lafrance

Animal Law Review

This article is adapted from the author's presentation during the panel discussion Animals in Research: Pet Cloning, Patents, and Bioethics at the 14th Annual Animal Law Conference of Lewis & Clark Law School on October 14, 2006.

Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals. The federal government and medical community, since World War II, has used the Nuremberg Code and the “common rule” to determine how to ethically conduct human experimentation. …

Pets In The Eye Of The Storm: Hurricane Katrina Floods The Courts With Pet Custody Disputes, Megan Mcnabb

Animal Law Review

The story of King Solomon includes the often-told tale of two women, both claiming ownership of one baby, who come before the king’s court in order to resolve their quarrel as to which of them is the true mother. This article recounts a modern-day King Solomon story: the “baby” is the animals left behind during Hurricane Katrina; the two mothers claiming ownership of the “baby” are the original owners of the animals and those who adopted the animals after the hurricane; and the role of King Solomon is played by judges in the custody dispute cases that arose after the …

A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer A. Drobac, Antony Page

Georgia Law Review

This Article contends that domestic partnership based upon business partnership law and associated fiduciary duties would better serve more couples, their families, and society as a whole than marriage law does now. Four problems-the rising divorce rate, the poverty of some "divorced" children and their custodians, the same-sex marriage controversy, and families that exist without a formal legal acknowledgment-have increased concerns about the viability of marriage as an institution that promotes domestic stability and economic security. As a response and solution, Professors Drobac and Page propose a Uniform Domestic Partnership Act, modeled after the Uniform Partnership Act (1914) for businesses. …

What Should We Celebrate On Constitution Day?, Alan E. Garfield

Georgia Law Review

Congress recently created a new national observance, Constitution Day, to be marked each year on September 17. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution's text, after all, is hardly perfect, and judicial interpretations of the Constitution are similarly problematic. This Article sets out to identify the Constitution's core meaning for Americans. If first draws lessons from two contemporary Establishment Clause disputes (the teaching of intelligent design and the displaying of Ten Commandments monuments). These examples illustrate why the Constitution,and …

Civil Fraud Liability And Iraq Reconstruction: A Return To The False Claims Act's War-Profiteering Roots?, Jessica C. Morris

Georgia Law Review

During its short existence, the Coalition Provisional Authority (CPA), the U.S.-led occupation regime that governed Iraq from May 2003 to June 2004, entered into security and reconstruction contracts amounting to billions of dollars. Fraud pervaded the chaotic contracting environment of CPA-era Iraq. The False Claims Act (FCA), enacted by Congress during the Civil War to protect the Union from profiteering suppliers, remains the U.S. government's most effective tool in combating fraud. Whistleblower or qui tam provisions within the FCA function to assist the under-staffed contractingcorps ferret out fraud. This Note will argue that the FCA should apply to all CPA …

Table Of Contents

Georgia Law Review

No abstract provided.

Table Of Contents

Georgia Law Review

No abstract provided.

Foreword: Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen

Georgia Law Review

On January 5, 2007, the Nonprofit and Philanthropy Law Section of AALS held its first program at the AALS Annual Meeting in Washington, D.C. The program, entitled "State-Level Legal Reform of the Law of Nonprofit Organizations,"was a fitting way to launch what should prove to be a valuable contribution to the study of law relating to nonprofit organizations and philanthropy. This burgeoning area of academic legal study is well poised to grow by leaps and bounds in the coming years due to its impact on many traditional areas of legal study, including tax law, corporate law, estate law, trust law, …

Unearthly Microbes And The Laws Designed To Resist Them, Jeb Butler

Georgia Law Review

Life can travel between planets. The many spacecraft humans have sent to the Moon have inadvertently provided passage to uncounted millions of microorganisms, some of which have remained alive on the lunar surface for years. What would happen if humans also sent microbes to celestial bodies that may harbor indigenous life, such as Mars or Europa? The presence of Earthly life would vitiate the reliability of future tests for extraterrestrial life on those bodies, and their "contamination"could thereby imperil what might be the greatest discovery in the history of biology. What if a spacecraft returning to Earth after visiting another …

The Missing Monitor In Corporate Governance:The Directors’& Officers’ Liability Insurer, Tom Baker, Sean J. Griffith

Faculty Scholarship

This article reports the results of empirical research on the monitoring role of directors’ and officers’ liability insurance (D&O insurance) companies in American corporate governance. Economic theory provides three reasons to expect D&O insurers to serve as corporate governance monitors: first, monitoring provides insurers with a way to manage moral hazard; second, monitoring provides benefits to shareholders who might not otherwise need the risk distribution that D&O insurance provides; and third, the “bonding” provided by risk distribution gives insurers a comparative advantage in monitoring. Nevertheless, we find that D&O insurers neither monitor corporate governance during the life of the insurance …

Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause

Faculty Publications

No abstract provided.

Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller

Faculty Publications

No abstract provided.

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Faculty Publications

No abstract provided.

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 …

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 …

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 …

Closed Form Summation Of C-Finite Sequences, Curtis Greene, Herbert S. Wilf

Mathematics & Statistics Faculty Scholarship

No abstract provided.

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 …

Thailand Ties, Raymond J. Dagenais

Publications & Research

One of the resolutions I witnessed moving forward at the Summer 2006 National Congress on Science Education in Toronto, Canada involved expanding our learning through international collaborations. The Congress encouraged National Science Teacher Association affiliates to make an effort to connect with educators in other countries in order to both learn and share ideas and issues facing the science education community. With the already large numbers of students from other cultures in many school systems in the United States and the increasing quality of students coming out of science programs in other countries, it has become imperative that we better …

Distance From Family, Years Of Life On Reservation/Village, Level Of Acculturation, Gender, And Acculturation Stress Of American Indian/Alaska Native Students At The University Of Montana, Michael Brian Trahan

Graduate Student Theses, Dissertations, & Professional Papers

Acculturation is a construct that supposes that two or more cultures interact and are in conflict with one another, and an individual can determine which qualities to adhere to from each culture. Acculturation stress is a product of the acculturation process, in which an individual experiences stress as a result of the interaction of the multiple cultures upon the individual. This study examined the effects of acculturation stress on 41 (14 male and 27 female) American Indian/Alaska Native (AI/AN) university students in an effort to determine whether this stress is related to level of acculturation, years lived on an Indian …

Do Sagebrush Density And Vegetation Condition Affect Demography Of Brewer's Sparrows Nesting In The Blackfoot Valley?, Masanori Abe

Graduate Student Theses, Dissertations, & Professional Papers

Vegetation condition can influence habitat quality by altering food abundance, predator abundance and species composition, and microclimate. In some habitats, livestock grazing alters vegetation condition in ways that affect the breeding success of passerines. Most sagebrush-dominated habitats have been heavily grazed by livestock, and the total area of sagebrush has declined substantially. Owing to this habitat loss and change, numbers of various sagebrush-obligate birds have declined, the Brewer's Sparrow among them. I examined the effects of cattle grazing on Brewer's Sparrow reproduction. Grazed plots, at the study-site scale, were characterized by higher potential nest-sagebrush density, and canopy cover, a higher …

Willingness To Pay Versus Welfare, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Economists often analyze questions of law and policy by reference to the criterion of private willingness to pay (WTP), with the belief that people’s WTP for a good is an accurate proxy for the welfare that they would obtain from that good. For two reasons, the proxy is crude. The first problem is that people may not pay for all of the benefits they receive, and in such cases, use of WTP may lead in unfortunate directions, even or especially if welfare is our lodestar. Inefficient results may nonetheless increase welfare. The second and more fundamental problem is that people …

Information Sharing And Supply Chain Performance: The Role Of Connectivity And Willingness, Stanley E. Fawcett, Paul Osterhaus, Gregory M. Magnan, James C. Brau, Matthew W. Mccarter

Faculty Publications

Purpose – The purpose of this paper is to understand how information technology (IT) is used to enhance supply chain performance.

Design/methodology/approach – A large-scale survey and semi-structured interviews were used to collect industry data.

Findings – Two distinct dimensions to information sharing – connectivity and willingness – are identified and analyzed. Both dimensions are found to impact operational performance and to be critical to the development of a real information sharing capability. However, many companies are found to have placed most of their emphasis on connectivity, often overlooking the willingness construct. As a result, information sharing seldom delivers on …