Digital Commons Network^™

A Republic, If You Can Keep It, Edwin A. Meese Iii

Chapman Law Review

No abstract provided.

Hildegard Von Bingen: German High School Teaching Unit, Gretchen Toth-Fejel

Senior Honors Theses and Projects

This honors thesis is a four week German-language teaching unit based on learning about the medieval mystic and scholar Hildegard von Bingen. The unit was created in order to: 1) teach language-learning in an interesting and student-directed way, 2) encourage critical thinking in a foreign language context, 3) demonstrate a valid connection between language and culture and, finally, 4) to show women’s contributions as useful to society. The format for this unit is based on the model created by educational professional Dr. Madeline Hunter at the University of California at Berkley. After completing this unit a successful student should: 1) …

Application Of Maldis-Ms To Identification Of Phytoplankton In Ballast Water, Dana Woodruff, Karen L. Wahl, Nancy B. Valentine, Fred Dobbs

OES Faculty Publications

Non-native invasive species are increasingly evident in marine and estuarine environments, largely because of the intake and release of ballast water from sea vessels. Innovative methods are needed to quickly and accurately detect and speciate non-native and/or harmful phytoplankton in ballast water. Recent advances in ionization techniques such as matrix-assisted laser desorption/ionization mass spectrometry (MALDI-MS) have allowed detection of intact biomolecules within ballast samples. Statistically-based algorithms are used to discern "fingerprints" of phytoplankton species and to discern individual species from mixtures. MALDI-MS is particularly attractive for field applications because of the speed of analysis, minimal liquids/consumables required, and femtomole (10-15) …

Urban Revitalization In The Post-Kelo Era, Lynn E. Blais

Fordham Urban Law Journal

An ongoing urban revitalization project arrested by legislative reponses to the Kelo decision is likely to play out in many cities and towns across the country in the next few years. Since Kelo was decided, thirty-four states have adopted some responsive legislation or constitutional amendment. These new laws, to varying degrees and using various mechanisms, limit the power of state and local governments to use eminent domain to faciliate economic redevlopment projects. This Article explores the reach of these statutes and their likely consequences for ongoing and future urban revitalization project.

State Intelligence Gathering: Conflict Of Laws, Charles H.B. Garraway

Michigan Journal of International Law

This Article begins with an examination of the development of the law of war (Part II) and human rights law (Part III) before looking at the differing legal categories of armed conflict (Part IV). It then examines the applicability of human rights law in situations of armed conflict (Part V) and the increasing complexity of defining violence, whether as armed conflict or otherwise (Part VI). The Article proceeds with an examination of the overlap between the law of war and human rights law (Part VII) and the risk of divergence that this overlap causes (Part VIII). Finally, it seeks to …

Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo

Michigan Journal of International Law

The question before us is whether international law is useful or required to govern the covert intelligence-gathering activities of nation-states during peacetime. The very notion that international law is currently capable of regulating intelligence gathering is dubious. In fact, we suggest that international regulation of intelligence operations could have the perverse effect of making international conflict more, rather than less, likely. Certainly, there is legitimate space for coordination and cooperation between states in sharing intelligence, but such "sharing" does not involve significant needs for universal regulation by international law. Simply stated, it is not in the interests of nation-states or …

What's International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Michigan Journal of International Law

This Article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Good process advances the liberty and safety interests embodied in the concept of national security. Good process improves the quality of decision. It also enhances accountability, which in turn improves decision. Where good process is defined in law to include executive directive, it is better insulated from the immediate imperatives of secrecy and speed.

No Law: Deadwood And The State, Mark L. Berrettini

School of Film Faculty Publications and Presentations

Deadwood's final episode of season 3 opens with a monologue from theater operator Jack Langrishe (Brian Cox), a relative newcomer to the camp of Deadwood. Shown in a wide shot that spotlights him on the dark stage of his nascent theater, Langrishe ostensibly speaks to one of his companions, the actress Claudia (Cynthia Ettinger), shown in one medium reverse-shot. Yet Langrishe also speaks and performs beyond the theater to the residents of Deadwood and to the program's viewers extradiagetically as he sums up the tense state of affairs within the camp: This camp is in mortal danger. The man Hearst …

When Worlds Collide: A Report From The Cultural Divide, Meryl Lipman

Institute of Metropolitan Studies Publications

Discusses the cultural clashes generated when communities attempt to assimilate foreign refugees. Focuses on the difficulties refugees have adapting to new cultural milieus, problems finding and maintaining employment, and how religious practices can complicate successful resettlement.

Arne John Jacobsen Ii V. Minnie Larue Thomas : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Fourth Judicial District Court, Utah County The Honorable Judge Lynn W. Davis

The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen

Denver Journal of International Law & Policy

No abstract provided.

Privatizing Eminent Domain: The Delegation Of A Very Public Power To Private, Non-Profit And Charitable Corporations , Asmara Tekle Johnson

American University Law Review

In an age of privatization of many governmental functions such as health care, prison management, and warfare, this Article poses the question as to whether eminent domain should be among them. Unlike other privatized functions, eminent domain is a traditionally governmental and highly coercive power, akin to the government’s power to tax, to arrest individuals, and to license. It is, therefore, a very public power.

In particular, the delegation of this very public power to private, non-profit and charitable corporations has escaped the scrutiny that for-profit private actors have attracted in the wake of the U.S. Supreme Court’s decision in …

Title Iii Of The Bioterrorism Act: Sacrificing U.S. Trade Relations In The Name Of Food Security, Claire S. Boisen

American University Law Review

Part I examines in detail the two conflicting laws that are the basis of this Comment—Title III of the Bioterrorism Act and the SPS Agreement—focusing on those portions of Title III that adversely impact international trade. Part I also presents the WTO case EC Measures Concerning Meat and Meat Products (Hormones), the first food regulation case disputed in the WTO system for a violation of the SPS Agreement. This case clarified the two major principles of the SPS Agreement that are explored in this Comment: the prohibition on discrimination and the obligation to support trade–restrictive measures with an analytical risk …

Environmental Advocacy Makes Strange Bedfellows: A Plea For Lawyers, Scientists, And Theologians To Caucus & Promote Environmental Sustainability, Renee A. Pistone

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.

Anne The Last And George The First Handel And The Politics Of Dynastic Succession, Christopher Paul Ssf

1650-1850: Ideas, Aesthetics, and Inquiries in the Early Modern Era

No abstract provided.

Ten Questions: Responses Of John Cary Sims, John Cary Sims

William Mitchell Law Review

No abstract provided.

Ten Questions: Responses Of Lisa Graves, Lisa Graves

William Mitchell Law Review

No abstract provided.

Is The Geneva Pow Convention "Quaint"?, R. J. Delahunty

William Mitchell Law Review

No abstract provided.

This Call May Be Monitored: Is Nsa Wiretapping Legal?

William Mitchell Law Review

No abstract provided.

The Impact Of The Atlantic Slave Trade On West Africa: Polygyny And Female Reproductive Success, Katherine Lamie

Nebraska Anthropologist

J.D. Fage (1969) and Patrick Manning (1981; 1990) examine demographic data from historical records, in the West African political and economic context, in order to formulate theories of the impact of the Atlantic slave trade on West African populations and social structure. However, Fage and Manning come to markedly different conclusions. Fage maintains that the intensification of polygyny in West Africa that accompanied the Atlantic slave trade preserved African populations. In contrast, Manning argues that intensified polygynous marriages on the West African coast decreased the fertility of female slaves, thereby depressing population growth and affecting traditional social structures. Manning later …

Uganda: A Nation In Crisis, Hema Chatlani

California Western International Law Journal

No abstract provided.

Constructing Durable Peace: Lessons From Sierra Leone, Emily E. Bartholomew

California Western International Law Journal

No abstract provided.

Hegemony Under Siege: The Crisis Of American Power In The Middle East, Henry Berger

Saint Louis University Law Journal

No abstract provided.

Update - January 2007, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Stem Cells, Embryos, and Ethics: Is There a Way Forward?
-- Editorial
-- 2006 Contributor's Convocation "Present Day Health Care: Collaborate or Close the Door"

Chaucerian Ekphrasis: Power, Place And Image In The Knight's Tale, Tara Fairclough

Senior Honors Theses and Projects

We first glimpse Chaucer’s Knight in a portrait-like description of him that Chaucer the narrator relays in the General Prologue of The Canterbury Tales. Chaucer describes the Knight as embodying all of the necessary characteristics of a “verray, parfit gentil knight,” true, complete and noble (GP 72). In addition to this, he is a veteran of crusades and has gained an outstanding reputation through his deeds. Despite the Knight’s impeccable track record, he has a somewhat shabby appearance, which contrasts starkly with the ideals he embodies. Chaucer tells us “But for to tellen yow of his array,/ His hors were …

"The Great World Of The Spirits Of The Dead": Death, The Great War, And The 1918 Influenza Pandemic As Context For Doctrine And Covenants 138, George S. Tate

BYU Studies

At the dedication of BYU’s new Joseph F. Smith Building on September 20, 2005, President Gordon B. Hinckley said of President Joseph F. Smith, “It is my opinion that no man, save the Prophet Joseph only, has had a greater and better understanding of the origin and history of the Church and of its doctrines—not only concerning this life but also concerning the eternities.” Of the “Vision of the Redemption of the Dead,” which comprises Doctrine and Covenants 138, he said, “It is a document without parallel. . . . There is nothing quite like it in all of our …

Review Of Nicholas Daly, Literature, Technology, And Modernity, 1860-2000., Christine Ferguson

Bryn Mawr Review of Comparative Literature

Nicholas Daly, Literature, Technology, and Modernity, 1860-2000. Cambridge: Cambridge University Press, 2004. viii + 161 pp. ISBN 0521833922.

Review Of Pascale Casanova, The World Republic Of Letters, Trans. M. B. Debevoise., Bali Sahota

Bryn Mawr Review of Comparative Literature

Pascale Casanova, The World Republic of Letters, trans. M. B. DeBevoise. Cambridge, Mass.: Harvard University Press, 2005. 440 pp. ISBN 9780674013452.

Al-Qaeda And The Law Of War, A. Mark Weisburd

Faculty Publications

No abstract provided.

Clash Of The Titans: Collisions Of Economic Regulations And The Need To Harmonize Prescriptive Jurisdiction Rules, Milena Sterio

Law Faculty Articles and Essays

Part I of this article describes regulatory clashes involving different states' public laws, and then focuses on certain areas of law, including antitrust, securities, and Internet commerce and publishing, where such clashes are most likely to take place. Part II focuses on the different solutions to this regulatory puzzle invoked by scholars, advocating either territorial-based or substance-based approaches. Part III then critiques the two approaches, while emphasizing the need to address the issue from a global perspective, that is, by seeking to harmonize jurisdiction-allocating rules on an international level.