Digital Commons Network^™

Protecting Constitutionalism In Treacherous Times: Why 'Rights' Don't Matter, W. Wesley Pue

All Faculty Publications

Common lawyers have focused too much on rights talk and especially on constitutionally entrenched Bills of Rights in critiquing Anti-Terrorism legislation enacted by democratic common law countries since September 11, 2001. This paper illustrates the ways in which rights talk acts as a distraction from fundamental principles of legality when Anti-Terrorism laws are considered, arguing that embedded rights play three roles antithetical to sustaining governance in accordance with fundamental principles of legality: the roles of paper tiger, Trojan horse, and narcotic.

The Problem Of Official Discretion In Anti-Terrorism Law: Comment On Khawajah, W. Wesley Pue, Robert Russo

All Faculty Publications

This paper assesses the first judicial ruling on key provisions of the Anti Terrorism Act. Rutherford J.'s ruling struck down provisions creating a motive requirement in the definition of terrorist activity while upholding the overall structure of the act against challenges on the basis of overbreadth and vagueness. A fault-line divides the two sides of the ruling. On one side the court looked to the lived-experience of legal rules, concluding that including motive requirements would mislead officials in the direction of improper and unconstitutional racial or religious profiling. On the other side of the fault-line the court restricted itself to …

International Legal Standards Governing The Use Of Child Soldiers, Dorcas B. Mulira

LLM Theses and Essays

This paper seeks to analyze the international laws governing the use of children in armedconflict. Despite the prohibition of the use of child soldiers in armed conflict in internationallaw, States and non-State actors continue to actively recruit, abduct, and directly use children,some as young as eight, in hostilities. International humanitarian law's limited scope prevents itfrom protecting the worldÕs most vulnerable children, child soldiers, while human rightsinstruments adopted to make up for these limitations lack enforcement mechanisms, thereforerendering the much-needed protection for child soldiers inadequate. As development ofinternational law concerning child soldiers progresses on paper, progress on the ground lagsbehind, thus …

Socio-Economic Aspects Of Commercial Ports And Wharves In Southwest England: A Grounded Theory Approach To Regional Competitiveness, Sarah Tuck

Plymouth Business School Theses

The Southwest Region, as defined by the SW Regional Development Agency, forms an extended peninsula with a coastline of 1,020 km, the longest of any region in England. All along this coastline are fishing ports, commercial ports, small wharves, closed ports, ferry ports and leisure ports. Amongst the smallest are a dozen tidal ports, tiny harbours and rocky wharfs that still maintain a commercial trade of local and environmental significance. According to most theories of port development these ports should close, being forced out of business by larger, more efficient ports. Semi-structured interviews were conducted with fifteen people who were …

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

McGeorge School of Law Scholarly Articles

No abstract provided.

New Techniques To Improve Power Quality And Evaluate Stability In Modern All-Electric Naval Ship Power Systems, Peng Xiao

Doctoral Dissertations

"This dissertation focuses on two crucial issues in the design and analysis of the power electronic systems on modern all-electric naval ships, i.e., power quality control and stability evaluation. It includes three papers that deal with active power filter topology, active rectifier control, and impedance measurement techniques, respectively. To mitigate harmonic currents generated by high-power high-voltage shipboard loads such as propulsion motor drives, the first paper proposes a novel seven-level shunt active power filter topology, which utilizes tapped reactors for parallel operations of switching devices. The multi-level system has been implemented in both regular digital simulation and real-time digital simulator …

Modeling Network Traffic On A Global Network-Centric System With Artificial Neural Networks, Douglas K. Swift

Doctoral Dissertations

"This dissertation proposes a new methodology for modeling and predicting network traffic. It features an adaptive architecture based on artificial neural networks and is especially suited for large-scale, global, network-centric systems. Accurate characterization and prediction of network traffic is essential for network resource sizing and real-time network traffic management. As networks continue to increase in size and complexity, the task has become increasingly difficult and current methodology is not sufficiently adaptable or scaleable. Current methods model network traffic with express mathematical equations which are not easily maintained or adjusted. The accuracy of these models is based on detailed characterization of …

A Perception Of Parents, Teachers, And Community Leaders Regarding A School District's Strategic Plan As Related To The Use Of Assessment Data, Zanetta Andrea Simmons

All ETDs from UAB

The purpose of this study was to find out if school personnel and community stakeholders were using assessment data from the strategic plan to help meet the No Child Left Behind mandates for achieving Adequate Yearly Progress. This study examined the perceptions of ten public school stakeholders. Information for this study was gathered by interviewing and analyzing qualitative data of ten purposely-selected subjects from the faculty, central office personnel, community leaders, and parents who were involved in the strategic planning process and helped with the development of various plans that had an influence on student learning outcomes. The constant comparative …

First, Do No Harm: Health Professionals And Guantanamo, Leonard S. Rubenstein

Seton Hall Law Review

No abstract provided.

Liberal Bias In The Legal Academy: Overstated And Undervalued, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Researching Corporate Social Responsibility: An Agenda For The 21st Century, Paul Godfrey, Nile W. Hatch

Faculty Publications

Corporate social responsibility (CSR) is a tortured concept. We review the current state of the art across a number of academic disciplines, from accounting to management to theology. In a world that is increasingly global and pluralistic, progress in our understanding of CSR must include theorizing around the micro-level processes practicing managers engage in when allocating resources toward social initiatives, as well as refined measurement of the outcomes of those initiatives on stakeholder and shareholder interests. Scholarship must also account for the influence of diverse, and even maladaptive, stakeholders as well as more fully incorporate non-Western philosophical and economic perspectives. …

Introduction To Comparative Fiscal Federalism: Comparing The European Court Of Justice And The Us Supreme Court's Tax Jurisprudence, James R. Hines Jr.

Other Publications

This volume brings together scholars from both sides of the Atlantic to consider federalist tax jurisprudence as practiced in Europe and the United States. These essays display a broad range of shared concerns, which is not to say that the scholars agree on all points of substantive policy and interpretation. What can be said is that there is general agreement that the exercise of comparing the tax jurisprudence of the European Court of Justice and the US Supreme Court is likely to be informative and beneficial to all concerned.

What The Spirit Knows: Charles Williams And Kenneth Burke, Grace Veach

USF Tampa Graduate Theses and Dissertations

What the Spirit Knows: Charles Williams and Kenneth Burke examines the Arthurian poetry of Charles Williams using a methodology derived from Kenneth Burke. This is an experiment in literary criticism of a Christian poet using a methodology that is not specifically Christian. Key critical ideas found in Burke are utilized in reading poems from Taliessin Through Logres and Region of the Summer Stars. Burke's work on form and symbol (primarily from Counter-Statement) is addressed first. Form in an individual poem (using "Taliessin's Song of the Unicorn) and in an entire cycle is examined. Burke lists several uses for symbol in …

Thomas Hardy's Siren, Sarah A. Wray

USF Tampa Graduate Theses and Dissertations

The Sirens episode in The Odyssey is comparably short, but it is one of the most memorable scenes in the epic. Sirens are trying to stop the male narrative, the male quest of Odysseus with their own female "narrative power" (Doherty 82). They are the quintessential marginalized, calling for a voice, a presence, an audience in the text of patriarchy. The knowledge they promise, though, comes with the price of death. They are covertly sexual in Classical antiquity, but since the rise of Christianity, a new Siren emerged from the depths of the sea; instead of the sexually ambiguous embodiment …

Factors Involved In Fast-Growing, Dynamic Church Plants, Stephen Thomas Gray

ATS Dissertations

No abstract provided.

Generation And Characterization Of An Attenuated Mutant In A Response-Regulator Gene Of Francisella Tularensis Live Vaccine Strain (Lvs), Wendy L. Sammons

USF Tampa Graduate Theses and Dissertations

Francisella tularensis is a zoonotic bacterium that must exist in diverse environments ranging from arthropod vectors to mammalian hosts. To better understand how genes are regulated in these different environments, a transcriptional response- regulator gene (genome locus FTL0552) was deleted in F. tularensis live vaccine strain (LVS). The FTL0552 deletion mutant exhibited slightly reduced rates of extracellular growth but was unable to replicate or survive in mouse macrophages and was avirulent in the mouse model using either BALB/c or C57BL/6 mice. Mice infected with the FTL0552 mutant produced reduced levels of inflammatory cytokines, exhibited reduced histopathology and cleared the bacteria …

Importance Of Verification And Validation Of Data Sources In Attaining Information Superiority, Gautham Kasinath, Leisa J. Armstrong

Research outputs pre 2011

Information superiority has been defined as a state that is achieved when a competitive advantage is derived from the ability to exploit a superior information position. To achieve such a superior information position enterprises and nations, alike, must not only collect and record correct, accurate, timely and useful information but also ensure that information recorded is not lost to competitors due to lack of comprehensive security and leaks. Further, enterprises that aim to attain information superiority must also ensure mechanisms of validating and verifying information to reduce the chances of mis-information. Although, research has been carried out into ways to …

Moderator's Report: Legal Experts' Workshop On The Future Global Legal Order, Craig H. Allen

Articles

In late 2006, as part of its multifaceted effort to help the Chief of Naval Operations develop a new, contemporary maritime strategy for the nation, the Naval War College convened a “Delphi group” of experts—in this case, in international law—to provide the maritime strategy development team a candid assessment of the probable state of the global legal order in 2020. The workshop, chaired by Craig H. Allen, the Charles H. Stockton Professor of International Law, was held 31 October–1 November 2006 in the College’s Decision Support Center (equipped with an advanced World Wide Web–based group collaboration and decision-support system), in …

Assessing The Legality Of Counterterrorism Measures Without Characterizing Them As Law Enforcement Or Military Action, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In this article, I develop three theses. First, I claim that disagreements about the legality of counterterrorism measures commonly stem from disagreements about whether to characterize the measures as law enforcement efforts or as military actions. Observers who see the measures as methods of controlling crime assess their lawfulness differently from those who see them as a form of warfare against terrorists because criminal law enforcement rules differ substantially from the laws of war. With many specific examples, I show that disputes about legality based on disagreements over characterization have arisen in at least eight different subject areas, ranging from …

An Introduction To The History Of International Human Rights Law, Dinah L. Shelton

GW Law Faculty Publications & Other Works

As part of a lecture series given at the International Institute of Human Rights, in Strasbourg, France, in July 2003, the author presents an overview of the history of international human rights law. The author explores numerous religious, political, cultural, philosophical, economic and intellectual movements throughout history that have informed and guided the development of human rights law on the global stage. In doing so, the author examines the moral and ethical dimensions which underpin international human rights law, including what she defines as the innate human desire for protection from abuse. The author highlights the world's most significant historical …

Law And Society Approaches To Cyberspace, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …

New Developments In Cyclized Arsenic And Antimony Thiolates, Taimur A. Shaikh

University of Kentucky Doctoral Dissertations

There is a continued interest in the properties of arsenic thiolate compounds for both industrial and biological uses. Recent discoveries in the medicinal properties of such compounds have resulted in a sustained need for the synthesis of new dithiarsolane compounds for research as anti-leukemic compounds. Close analogues of the 2-halo arsenic dithiolates, namely those with an arsenic-carbon bond instead of an arsenic-halide bond, have recently been shown to have some efficacy towards leukemia cells. Based on the hydrolytic character and the active role of glutathione with arsenic in vivo, the compounds reported here may also have such activity. Arsenic compounds …

Noble Human Rights Defender Or International Band-Aid? On Contemporary Humanitarianism, Kurt Mills

Human Rights & Human Welfare

A review of:

The Humanitarians: The International Committee of the Red Cross by David P. Forsythe. Cambridge: Cambridge University Press, 2005.

Making Sense Of A Senseless War, J. Peter Pham

Human Rights & Human Welfare

A review of:

A Dirty War in West Africa: The RUF and the Destruction of Sierra Leone by Lansana Gberie. Bloomington, IN: Indiana University Press, 2005.

and

Young Soldiers: Why They Choose to Fight by Rachel Brett and Irma Specht. Boulder, CO: Lynne Rienner Publishers, 2005.

A Survey Of Terrorism And Human Rights In Uganda, Arika Long

Human Rights & Human Welfare

Tragically, Uganda is a primary example of a country dominated by terror and human rights violations. In a 2006 interview with Integrated Regional Information Networks IRIN, the news department of the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), Under Secretary-General for Humanitarian Affairs Jan Egeland, called the conflict in Uganda “the worst form of terrorism in the world.” Defining terrorism as indiscriminate violence against civilians, he declares that nowhere in the world is there a more concentrated area where so many people are being terrorized, and have been for such a long period of time. According to …

Chechnya: Human Rights Issues, Latife Bulur

Human Rights & Human Welfare

Chechnya is a country plagued by terrorism and human rights abuses. A primary source of these issues is the unsettled situation between local insurgents and the Russian military. This conflict, increasing in magnitude over time, makes it incredibly difficult to negotiate the terms of Chechnya’s independence perpetuating the crisis. Rising violence fuels Russia’s frustration in addressing the conflict with Chechen groups. Russia has and continues to employ various tactics to minimize the violence, but such tactics have all so far been unsuccessful.

Violations Of Human Rights In The Russian Military, Cathy Smith

Human Rights & Human Welfare

In 2005, an estimated 450 deaths were caused by injuries due to internal military violence. The degradation inflicted on Russian soldiers within their regime necessitates reformation by the government and implementation of resolutions. Since the collapse of the Soviet Union, the Russian military has been experiencing heightened levels of personnel decline despite the compulsory draft. The prestige that the Soviet Army of the 1950s received through the late 1980s is dwindling rapidly. Despite the military code of conduct, today’s army is afflicted with perpetual violations of human rights. For the future of the Russian military, extensive action must include systemic …

Sudan: A Survey Of Terrorism And Human Rights, Arika Long

Human Rights & Human Welfare

Sudan is a primary example of a country dominated by terror and human rights violations. Upon the release of Amnesty International’s 2007 annual report, Secretary General Khan described the continuing conflict in Sudan's Darfur region as a “bleeding wound on the world’s conscience.” In the report, the authors declare that the world has been “impotent” in the face of major crises like Darfur. They state that policies linked to the “War on Terror” are creating a more polarized and dangerous world, with grave effects in Sudan. In addition to the terror and human rights violations permeating the North, frustration also …

Ethnic Conflict, Kristina Libby

Human Rights & Human Welfare

Since the fall of the Soviet Union, Russia has experienced high levels of ethnic conflict with regard to exit claims by former satellite states that no longer want to be part of the federation. Exit claims often antagonize the state. However, political leaders of titular ethnicities maximize ethnic revivals to keep traditions alive, and to minimize the amount of exclusion vis-à-vis the center. Massive human rights violations have resulted because of misperceptions between the center and the periphery, especially in Chechnya, the Volga-Ural’s Region and Eastern Siberia.

Violations Of Human Rights During Military Operations In Chechnya, Federico Sperotto

Human Rights & Human Welfare

The case-law of the European Court of Human Rights concerning violations of human rights law during armed conflict has been extended after the first decisions on cases arose from violations, committed during the war in Chechnya between 1999 and 2000. In the words of the Court, at that time the situation called for exceptional measures, in order to regain control over the Republic and suppress an illegal armed insurgency. The Court has been ready to admit those measures, including the deployment of army units equipped with heavy combat weapons, military aviation and artillery, were necessary to counter the aggressiveness of …