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Fact & Fiction In The Law Of Property, John V. Orth

Faculty Publications

No abstract provided.

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The Personal Is Political--And Economic: Rethinking Domestic Violence, Deborah M. Weissman

Faculty Publications

No abstract provided.

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An Exploration Of Bullying As Experienced By Sudanese Refugee Youths, Aislinn Clancy

Theses and Dissertations (Comprehensive)

The purpose of this research is to explore the experience of bullying among Sudanese refugee youths living in Kitchener-Waterloo. Voices in the literature assert that bullying is experienced differently by different social groups. This study proposes to understand the phenomenon of bullying from the unique perspectives of Sudanese refugee youths. As a White middle-class Canadian-born woman, I consider myself a partial outsider to this group. As a partial outsider, I use reflexive strategies to constantly reflect on the impact of my social location on the participants and on the whole research process. To understand how Sudanese youths experienced bullying, I …

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The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic

Seattle University Law Review

The Article's framework for considering the value of history in shaping strategy is the effort of the Federal Trade Commission (FTC) to apply its competition policy powers to issues involving intellectual property (IP). The Article chooses the example of intellectual property because of its importance to the modern work of the FTC and the increasingly significant place that intellectual property and, more generally, technology-driven innovation hold in the field of competition policy. To provide context for the discussion, Part II of the Article presents a profile of the FTC's modern competition policy initiatives concerning intellectual property. Part III then reviews …

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Antitrust Issues In The Settlement Of Patent Disputes, Part Iii, Thomas B. Leary

Seattle University Law Review

Once again, I will address the issue of litigation settlements between companies that hold patents on pharmaceutical products (sometimes "pioneers") and would-be generic entrants ("generics") who challenge the validity of the patent and/or a claim of infringement. This discussion will focus on the Tamoxifen opinion, with passing reference to other decisions. Obviously, reasonable people can disagree on these issues, but I still believe the Commission's approach in Schering was correct.

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Condemned If They Do, Condemned If They Don't: Eminent Domain, Public Use Abandonment, And The Need For Condemnee Protections, Cristin Kent

Seattle University Law Review

This Comment is divided into six parts. Part II examines the historical and constitutional understandings and application of eminent domain and the public use requirement. Part III analyzes cases decided under the U.S. and Washington constitutions in which courts upheld condemnors' rights to abandon or fail to fulfill the public use of the condemned property. Part IV discusses cases outside of Washington in which courts have upheld the validity of takings even though the condemnor subsequently abandoned or failed to fulfill the public use. These cases illustrate the need for more substantive and procedural protections for condemnees. Part V argues …

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Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle

Seattle University Law Review

In Part I, this Comment details the designation process of FTOs and examines the wide array of purposes and activities in which FTOs engage. Part III chronicles how § 2339B has evolved through amendments and judicial interpretation. Part IV establishes that Scales controls the personal guilt analysis and identifies due process concerns implicated by Scales that have been overlooked by the courts. Finally, Part V argues a recklessness standard is the most appropriate fix to § 2339B and proposes a model amendment to that end.

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Private Attorneys General V. "War Profiteers": Applying The False Claims Act To Security Contractors In Iraq, Bryan Terry

Seattle University Law Review

In order to provide context for the Custer Battles court's opinion, Part II of this Note generally describes the FCA and the policies behind its qui tam provision, discusses policy rationales behind the use of private security contractors by the U.S. government, and highlights how security contractors like Custer Battles fit into that picture within the reality of present-day Iraq. Part III examines the reasoning of the Custer Battles court, and Part IV critiques that reasoning and the application of precedent in this case. Part V proposes an alternative to the court's reasoning which more closely aligns with the interests …

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Corporate Personhood And The Rights Of Corporate Speech, Adam Winkler

Seattle University Law Review

My objective here is to provide a little historical background on business corporations and their place in First Amendment law. In the course of that overview, I will also make a few observations that I believe can be helpful in thinking about corporate speech rights. First, I will argue that one aspect of the constitutional status of corporations-the notion of corporate personhood-has not played the central role in shaping corporate speech rights that some believe. Corporations have free speech rights, but they are more limited than those held by individuals. Second, I will argue that there is not a single …

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The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley

Seattle University Law Review

Our next panel discusses the corporatization of communication.

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Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan

Seattle University Law Review

Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.

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Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson

Seattle University Law Review

Why would a relatively mundane dispute over what amounts to a few cubic yards of concrete warrant the extensive discussion encom passed in this Note? This dispute gives rise to a fundamental question about power: What is the scope of municipal power under one of Washington's most important environmental protection laws? Additionally, questions arise about competing normative values within environmental protection, property rights, and responsible land use and development. Placed against a backdrop of growing contentiousness surrounding these issues in Washington politics, the relevance and timeliness of these questions cannot be doubted.

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The Constitutional And Statutory Framework Organizing The Office Of The United States Attorney, Christian M. Halliburton

Seattle University Law Review

The U.S. Attorney position is one characterized by a broad delegation of the duty to enforce the laws of the United States, and to appear on behalf of the government in any civil action involving the United States or its revenues. This delegation of duties necessarily entails the exercise of discretion, and that exercise of discretion necessarily depends on the United States Attorneys' independence of judgment. The U.S. Attorney can thus be described as an agent with multiple principles, or a servant of two masters: the U.S. Attorneys clearly serve at the "pleasure" of the President, must be responsive to …

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Breaching The Great Firewall Of China: Congress Overreaches In Attacking Chinese Internet Censorship, Miriam D. D'Jaen

Seattle University Law Review

The Global Online Freedom Act of 2007 promotes freedom of expression on the Internet by prohibiting U.S. businesses from cooperating with officials in Internet-restricting countries. While the Act should be commended for imposing a higher standard of ethical business practices on U.S.corporations, there are significant problems with curing China's censorship policies by imposing liability on U.S. Internet companies. The standards and recommendations proposed by Congress within the Act correspond with an inherently American conception of freedom of expression. Thus, the Act imposes our domestic standards, rooted in the First Amendment, on states with very different political ideologies. A better alternative …

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A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott

Articles

Edwin F. Atkins and Charles Francis Adams, Jr., stand out on this stage not as major players but as a particularly intriguing Boston connection. Among the truly major players, planters like Juli?n Zulueta and the Count of Casa More owned hundreds of slaves and shaped Spanish policy. On the Cuban nationalist side, few could equal the impact of Antonio Maceo, the mulato insurgent general who insisted on full emancipation at the end of the 1868-1878 war, or the thousands of rebels who fought under the orders of rebel generals Maceo and Maximo Gomez. As the master of some ninety-five patrocinados …

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The Internal Markets Of Multinational Firms, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.

Articles

The rising economic importance of multinational firms has been accompanied by significant changes in their structure and functioning. Multinational firms, historically characterized as webs of autonomous subsidiaries spread across countries, now represent globally integrated production systems serving worldwide customers. These changes are manifest in the rising significance of intrafirm trade and financial flows for these firms. While there is extensive analysis of aggregate patterns in intrafirm flows of goods and capital, few firm-based studies examine the workings of the internal markets of multinational firms, largely because of the difficulty in accessing the necessary data. A number of our recent projects …

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Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger

Articles

A number of states recognize hedonic damages as a separate category of recovery in tort and tort-like actions. Others consider lost enjoyment of life as an aspect of what are sometimes termed "disability" damages-damages for physical or mental impairment. Many other states permit juries to take account of lost enjoyment of life in setting compensation for pain and suffering or other forms of general damages. In all these jurisdictions, disability has loomed large. And the (explicit or implicit) view of disability is often one of tragic dependency and helplessness. As we show in Part I below, lawyers seeking hedonic damages …

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The Meaning Of 'Necessary' In Gatt Article Xx And Gats Article Xiv: The Myth Of Cost-Benefit Balancing, Donald H. Regan

Articles

Conventional wisdom tells us that in Korea–Beef, the Appellate Body interpreted the word ‘necessary’ in GATT Article XX to require a cost–benefit balancing test. The Appellate Body is supposed to have applied this test also in EC–Asbestos, US–Gambling (involving GATS Article XIV), and Dominican Republic–Cigarettes. In this article I demonstrate, by detailed analysis of the opinions, that the Appellate Body has never engaged in such balancing. They have stated the balancing test, but in every case they have also stated the principle that Members get to choose their own level of protection, which is logically inconsistent with judicial review by …

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Lip Kinematics In Spasmodic Dysphonia Before And After Treatment With Botulinum Toxin, Christopher Dromey, Aubrey Reese, Susan Howey

Faculty Publications

In order to learn about articulatory behavior in adductor spasmodic dysphonia (SD), the lip movements of seven individuals with SD and three control speakers were recorded with strain gauges as they repeated 'Buy Bobby a puppy' in voiced and whispered conditions. Results included weaker bilabial coordination, qualitative differences in the shape of lip movement profiles, and an increased number of lip velocity peaks in the speakers with SD. These participants received percutaneous botulinum toxin injection to the thyroarytenoid muscle, and were then recorded again. The pre- vs. post-treatment data revealed that improved vocal activity was associated with fewer articulatory disturbances. …

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Chautauqua Yesterday, Adult Education Today--Different Times, Similar Challenges, Scott L. Howell

Faculty Publications

Chautauqua and its cofounder, John Vincent, significantly contributed to the adult and higher education movement from 1874 to 1924. Four lessons are examined for adult educators: (1) vision of educating the masses, (2) importance of good leaders, (3) critical role of faculty, and (4) expecting and handling criticism and mistakes.

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Foster Parent Pre-Service Training Programs: A Content Analysis Of Four Common Curricula, Jason B. Whiting Phd, Paul Huber, Alice Koech

Faculty Publications

This study compares four curricula commonly used in the pre-service training of US foster parents. Stufflebeam's (1983) CIPP model for program evaluation was used to guide a content analysis of each curriculum, with specific attention to the content and training methodology used. The content was examined to determine if it covered topics identified as germane to the task of fostering children. The instructional methodology of each program was compared with established andragogical adult education techniques. Results indicated that each curriculum varied in content and method of instruction, although there were many areas of overlap. Suggestions for curriculum selection criteria are …

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Compliant High-Precision E-Quintet Ratcheting (Cheqr) Mechanism For Safety And Arming Devices, John A. Kennedy, Larry L. Howell, William Greenwood

Faculty Publications

Ratchet and pawl mechanisms are used in safety applications to provide mechanical isolation between inputs and an output to insure that extreme environmental conditions do not inadvertently allow an unexpected output. These devices have become smaller and are approaching a size regime where traditional precision components, such as precision bearings and springs, are not available. This paper introduces the Compliant High-precision E-Quintet Ratcheting (CHEQR) mechanism as a means of exploiting the advantages of compliant mechanisms to create safety devices that eliminate the need for bearings and springs. The pseudo-rigid-body model was used to design a mechanism with the desired force-deflection …

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Backlog 2007, Lipscomb University

Backlogs and Other Yearbooks

The 2007 Lipscomb University Backlog yearbook.

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"If You Want Me To Treat You Like An Adult, Start Acting Like One!" Comparing The Criteria That Emerging Adults And Their Parents Have For Adulthood, Larry J. Nelson, Laura M. Padilla-Walker, Jason S. Carroll, Stephanie D. Madsen, Carolyn Mcnamara Barry, Sarah Badger

Faculty Publications

The purpose of this study was (a) to identify the criteria parents of emerging adults consider necessary and important for their children to achieve adulthood, (b) to compare parents' criteria for adulthood with the criteria espoused by emerging adults, and (c) to examine how these criteria might differ on the basis of gender and the parent and gender of the child. Participants included 392 unmarried college students, ages 18–25, and at least 1 of their parents (271 fathers, 391 mothers). Results revealed that (a) as did their children, most parents did not yet view their children as adults, (b) there …

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Biological Status Of Leatherside Chub: A Framework For Conservation Of Western Freshwater Fishes, Mark C. Belk, Jerald B. Johnson

Faculty Publications

Outside of anadromous salmonids and a few endangered species, biology of native freshwater fishes of western North America is poorly known. What do we need to know to effectively manage native species and avoid decline and extinction? A recent analysis of the role of science in the Pacific salmon controversy outlines a clear framework for biological evaluation and management of native species. This framework has three components: (1) determine status of populations based on genetic and ecological variation, (2) identify and quantify threats to populations, and (3) determine actions to alleviate threats and promote conservation of populations. We use our …

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Teacher-Written Feedback: Student Perceptions, Teacher Self-Assessment, And Actual Teacher Performance, Wendy Baker, Julie L. Montgomery

Faculty Publications

Most research in second language (L2) writing has focused on students’ perceptions more than teachers’ self-assessment of teacher-written feedback. This study’s purpose was to investigate: (1) how much local and global written feedback teachers give, (2) how their self-assessments and students’ perceptions of this feedback coordinate, and (3) how well teachers’ self-assessments match their actual performance. Teachers and students in an intensive English as a second language (ESL) program were surveyed about their perceptions of teacher written feedback on compositions. These surveys were compared to teachers’ actual written feedback. Results indicated that teachers’ self-assessments and student perceptions of teacher-written feedback …

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Why Learning French First Is Better Than Learning German First, Wendy Baker-Smemoe, Laura Catharine Smith

Faculty Publications

This study investigated whether differences in cross-language similarity between English-French and English-German vowels would translate into differences in accurately identifying and discriminating French and German vowels (i.e., Iii, /y/, and /u/). In addition, this study investigated whether these same differences in cross-language perception would also translate into differences in accurately identifying and discriminating vowels in a novel third language. The results suggest that learners exposed to a language with a greater perceived difference with the LI are more able to generalize their perception of their L2 vowels to a novel L3.

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Jesus, The Great Shepherd-King, Dana M. Pike

Faculty Publications

“The Lord is my shepherd; I shall not want. He maketh me to lie down in green pastures: he leadeth me beside the still waters” (Psalm 23:1–2). So begins one of the most beloved psalms and best-known biblical passages mentioning a shepherd. Shepherd imagery is utilized in scripture to depict three important aspects of Jesus’s identity and mission: His roles as Savior, King, and Jehovah, the God of Israel. Of these three, His role as compassionate Savior, devoted to protecting and saving the flock of God, is the aspect of shepherd symbolism that typically comes to mind. Less well known, …

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Before Jeremiah Was: Divine Election In The Ancient Near East, Dana M. Pike

Faculty Publications

FRAGMENTS OF GOSPEL TRUTHS are often detected by Latter-day Saint scholars studying ancient texts, especially texts from the ancient Near East. This essay focuses on one example of this phenomenon. Divine election—the academic designation for the choosing of people by deity for position and opportunity in mortal life—is a claim that is well attested in ancient Near Eastern texts, including the Hebrew Bible.¹ Latter-day Saints correlate certain aspects of this concept with premortal foreordination and are familiar with a few key biblical passages, such as Jeremiah 1:5, that feature divine election. However, many Latter-day Saints are less familiar with the …

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Full-Text Articles in Entire DC Network

Fact & Fiction In The Law Of Property, John V. Orth

Faculty Publications

The Personal Is Political--And Economic: Rethinking Domestic Violence, Deborah M. Weissman

Faculty Publications

An Exploration Of Bullying As Experienced By Sudanese Refugee Youths, Aislinn Clancy

Theses and Dissertations (Comprehensive)

The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic

Seattle University Law Review

Antitrust Issues In The Settlement Of Patent Disputes, Part Iii, Thomas B. Leary

Seattle University Law Review

Condemned If They Do, Condemned If They Don't: Eminent Domain, Public Use Abandonment, And The Need For Condemnee Protections, Cristin Kent

Seattle University Law Review

Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle

Seattle University Law Review

Private Attorneys General V. "War Profiteers": Applying The False Claims Act To Security Contractors In Iraq, Bryan Terry

Seattle University Law Review

Corporate Personhood And The Rights Of Corporate Speech, Adam Winkler

Seattle University Law Review

The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley

Seattle University Law Review

Table Of Contents, Seattle University Law Review

Seattle University Law Review

The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan

Seattle University Law Review

Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson

Seattle University Law Review

The Constitutional And Statutory Framework Organizing The Office Of The United States Attorney, Christian M. Halliburton

Seattle University Law Review

Breaching The Great Firewall Of China: Congress Overreaches In Attacking Chinese Internet Censorship, Miriam D. D'Jaen

Seattle University Law Review

A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott

Articles

The Internal Markets Of Multinational Firms, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.

Articles

Hedonic Damages, Hedonic Adaptation, And Disability, Samuel R. Bagenstos, Margo Schlanger

Articles

The Meaning Of 'Necessary' In Gatt Article Xx And Gats Article Xiv: The Myth Of Cost-Benefit Balancing, Donald H. Regan

Articles

Lip Kinematics In Spasmodic Dysphonia Before And After Treatment With Botulinum Toxin, Christopher Dromey, Aubrey Reese, Susan Howey

Faculty Publications

Chautauqua Yesterday, Adult Education Today--Different Times, Similar Challenges, Scott L. Howell

Faculty Publications

Foster Parent Pre-Service Training Programs: A Content Analysis Of Four Common Curricula, Jason B. Whiting Phd, Paul Huber, Alice Koech

Faculty Publications

Compliant High-Precision E-Quintet Ratcheting (Cheqr) Mechanism For Safety And Arming Devices, John A. Kennedy, Larry L. Howell, William Greenwood

Faculty Publications

Backlog 2007, Lipscomb University

Backlogs and Other Yearbooks

"If You Want Me To Treat You Like An Adult, Start Acting Like One!" Comparing The Criteria That Emerging Adults And Their Parents Have For Adulthood, Larry J. Nelson, Laura M. Padilla-Walker, Jason S. Carroll, Stephanie D. Madsen, Carolyn Mcnamara Barry, Sarah Badger

Faculty Publications

Biological Status Of Leatherside Chub: A Framework For Conservation Of Western Freshwater Fishes, Mark C. Belk, Jerald B. Johnson

Faculty Publications

Teacher-Written Feedback: Student Perceptions, Teacher Self-Assessment, And Actual Teacher Performance, Wendy Baker, Julie L. Montgomery

Faculty Publications

Why Learning French First Is Better Than Learning German First, Wendy Baker-Smemoe, Laura Catharine Smith

Faculty Publications

Jesus, The Great Shepherd-King, Dana M. Pike

Faculty Publications

Before Jeremiah Was: Divine Election In The Ancient Near East, Dana M. Pike

Faculty Publications