Digital Commons Network^™

Common Ground: The Case For Collaboration Between Anti-Poverty Advocates And Public Interest Intellectual Property Advocates, Deborah J. Cantrell

Publications

This article examines the previously unappreciated common ground between scholars and advocates who work to eliminate poverty, and scholars and advocates who work on intellectual property issues in the public interest. The article first illustrates how scholars and advocates working on poverty and on public interest intellectual property have relied on rights talk to frame their social movements. Under the conventional narrative, the framing has accentuated differences between the movements. As the Article explains, the two movements share core principles and should recognize shared interests and goals. By developing a new model of how to view public interest movements, the …

Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson

Publications

HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …

The Ethics Of Collaborative Law, Scott R. Peppet

Publications

The practice of Collaborative Law - in which both parties agree that should their case fail to settle, both lawyers will be disqualified from proceeding to court - has grown rapidly in the family bar over the last decade. At the same time, the ethics of this practice have been called into question. Competing ethics opinions in 2007 - from the Colorado Bar Association and the American Bar Association - alternately ban and permit the practice. This Article tries to clarify the underlying ethical issues in Collaborative Law, arguing that much confusion has resulted from imprecise understandings of what the …

Government Workers And Government Speech, Helen Norton

Publications

This essay, to be published in the First Amendment Law Review's forthcoming symposium issue on Public Citizens, Public Servants: Free Speech in the Post-Garcetti Workplace, critiques the Supreme Court's decision in Garcetti v. Ceballos as reflecting a distorted understanding of government speech that overstates government's own expressive interests while undermining the public's interest in transparent government.

In Garcetti, the Court held that the First Amendment does not protect public employees' speech made "pursuant to their official duties," concluding that a government employer should remain free to exercise "employer control over what the employer itself has commissioned or created." …

Popular Election Of The President: Using Or Abusing The Electoral College?, Jennifer S. Hendricks

Publications

No abstract provided.

The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer

Faculty Publications

No abstract provided.

Reforming Our Wasteful Hazardous Waste Policy, Jonathan H. Adler

Faculty Publications

Federal hazardous waste regulation and cleanup programs suffer from poor prioritization, insufficient flexibility, high costs, and questionable benefits. Many of these problems are a result of excessive regulatory centralization. The federal government has assumed primary responsibility for hazardous waste policy, placing states in a secondary role, even though the environmental threats posed by hazardous waste are generally quite localized. Hazardous waste itself is not a form of pollution, but rather a “precursor to pollution.” It only becomes an environmental problem when mismanaged, and allowed to contaminate land or water. Properly managed, however, hazardous waste is not a particularly pressing environmental …

Perpetual Dissents, Allison Orr Larsen

Faculty Publications

No abstract provided.

Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green

Faculty Publications

No abstract provided.

The Scholar As Celebrant, Nathan B. Oman

Faculty Publications

No abstract provided.

Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton

Faculty Publications

No abstract provided.

Does The Faa Preempt California's Authority To Determine The Validity Of A Performer's Personal Management Contract?, Jay E. Grenig

Faculty Publications

No abstract provided.

From Engineering Electromagnetics To Electromagnetic Engineering: Using Computational Electromagnetics For Synthesis Problems, Anton G. Tijhuis, Martijn C. Van Beurden, Bastiaan P. De Hon, Hubregt J. Visser

Turkish Journal of Electrical Engineering and Computer Sciences

In this paper, a two-stage approach is proposed for using computational electromagnetics in antenna engineering. First, stochastic optimization techniques are used in combination with approximate models. Second, line-search techniques are combined with full-wave modeling. For the first stage, we show an illustrative example. The second stage is considered in detail; both the acceleration of the underlying field computations and the implementation of the optimization are discussed.

Riparian Owner's Guidebook For Watershed Management, Annis Water Resources Institute

Environmental Guidebooks and Model Ordinances

This guidebook can help riparian landowners manage and maintain their property to ensure the continued existence of safe, clean, and natural waterways. It can also provide a better understanding of problems facing our water supplies and what preventative and corrective action we as landowners can put into effect. The guidebook is divided by issues that affect water quality, with possible problems and best management practices (BMPs) mentioned for each topic.

Corporate Aiding And Abetting Of Human Rights Violations: Confusion In The Courts, Douglass Cassel

Journal Articles

This article explores whether transnational corporations or their executives can be held criminally or civilly liable for aiding and abetting human rights violations committed by governments, militaries or other actors in foreign countries where they do business. The article particularly examines the mens rea element under international law: whether the aider or abettor must knowingly—or instead purposefully—assist the principal to commit a crime. At present, the principal concern of major corporations about liability for aiding and abetting is the risk of being held liable in U.S. courts under the Alien Tort Statute. But whatever happens with ongoing ATS litigation, the …

Human Dignity And Judicial Interpretation Of Human Rights: A Reply, Paolo G. Carozza

Journal Articles

This essay is a reply to Christopher McCrudden's Human Dignity and Judicial Interpretation of Human Rights, 19 EJIL 655 (2008). It argues that McCrudden's study of the uses of the idea of human dignity in constitutional human rights adjudication confirms the thesis that there is at present an emerging global ius commune of human rights. Although McCrudden understates the existence and value of transnational agreement about human dignity and instead emphasizes divergences in the judicial uses of human dignity, in fact there is good reason to regard the core recognition of the status and principle of human dignity as more …

Class Action Criminality, Lisa L. Casey

Journal Articles

This paper examines the criminal prosecution of Milberg Weiss, formerly the most successful plaintiffs’ securities class action firm in the country, for allegedly making undisclosed incentive payments to class representatives. In particular, the article examines the government’s primary charge - that the firm’s practice violated the “honest services” theory of mail and wire fraud. The government’s application of this theory presumes a fiduciary relationship between the class representatives and the class which has never been clearly delineated and, indeed, is against the weight of case law and the realities of class action litigation.

The Article proceeds on two different levels. …

Congress's Power To Block Enforcement Of Federal Court Orders, Jennifer Mason Mcaward

Journal Articles

This Article considers the constitutionality and propriety of recent appropriations riders passed by the House of Representatives in response to controversial federal court rulings. The riders prohibit the use of any federal funds for the enforcement of court orders issued in specified cases. These enforcement-blocking provisions raise significant separation-of-powers concerns as between Congress and both coordinate branches of the federal government.

The Article begins by looking at the controversial First Amendment rulings that triggered the enforcement-blocking riders, and the Congressional debates over the proper way to respond to the rulings. The riders are not merely symbolic protests, but could have …

Catholic Social Teaching And Peacemaking In Africa: A Tale Of Two Traditions, Agbonkhianmeghe E. Orobator

Theology Faculty Research and Publications

No abstract provided.

What Is This "Lobbying" That We Are So Worried About?, Lloyd Hitoshi Mayer

Journal Articles

Lobbying is both an essential part of our democratic process and a source of some of our greatest fears about dangers to that process. Yet when Congress, the public, and scholars consider loosening or, as is more often the case, tightening the restrictions on lobbying, they usually assume that everyone knows what activities are in fact lobbying. They therefore overlook the fact that multiple definitions of lobbying currently exist in the various federal laws addressing lobbying. This Article seeks to fill this gap by answering the question of how lobbying should be defined for purposes of the existing federal laws …

Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett

Journal Articles

The Supreme Court's decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students' speech. Perhaps the most intriguing question posed by the litigation, decision, and opinions in More is one that the various Justices who wrote in the case never squarely addressed: What is the "basic education mission" of public schools, and what are the implications of this "mission" for officials' authority and students' free-speech rights. Given what we have come to think the Free Speech clause means, and considering the values it is thought to enshrine and …

Jefferson Alumni Bulletin – Volume 57, Number 1, Winter 2008

The Bulletin (formerly the Jefferson Medical College Alumni Bulletin)

Jefferson Alumni Bulletin – Volume 57, Number 1, Winter 2008

Dean’s Column: Maintaining the Momentum; Page 2

Findings: Brain Implant May Detect and Stop Epilepsy Seizures, Effects of Vitamin C on Non-Hodgkin’s Lymphoma; Page 4

On Campus; Page 6

Getting to the Heart of the Matter; Page 9

Thank you, Dr. Nasca; Page 18

The Jeffersonian Magazine; Page 22

Class Notes; Page 24

In Memoriam; Page 28

By The Numbers: Heart Rate; Page 29

A Look At The Relationship Between Underage Student Drinking Rates And Student Involvement Rates, Kathryn A. Tomlinson

Masters Theses

Underage drinking, that is, anyone consuming alcohol under der the t age of 21, is one of the most important issues facing college campuses today. In thee United States, two out of every three full-time college students report having drunk alcohol in one capacity or another in the last 30 days (Wechsler et al., 1998). An estimated 307 college student were involved in non-traffic alcohol related deaths in 2002 (Hingson, Heeren, Zakocs, Kopstein & Wechsler, 2002). According to a 2002 NIAAA study, more sexual assaults, robberies, vandalism, and other crimes occur when students have been drinking previo to the crime …

A Qualitatively Grounded Curriculum For Western International Student Orientation To Chinese Higher Education, Lin Yi

Masters Theses

More and more U.S. students are seeking university study abroad in China. Information about how to prepare for overseas study in China, and what challenges need to be overcome, is limited. To develop the proposed orientation curriculum, Chinese professors teaching international students, international student affairs professionals serving international students, English-speaking international students studying in Chinese universities, and U.S. citizens visiting and working in China contributed their insights and experiences of culture shock, culture surprises, and cultural differences. The themes emerging from the interviews were organized into the content of the proposed orientation curriculum. When U.S. international students experience this Chinese …

A Study Of An Online Adaptation Of An Off Campus Adult Student Survey, Benjamin J. Stenson

Masters Theses

The School of Continuing Education (SCE) at Eastern Illinois University offers evening and weekend courses for returning adult students at a variety of off campus locations. Program assessment conducted in 1988, 1993, 1997, and 2002 used an off campus adult student survey administered by traditional means. Since these program assessment administrations, the proportion of classes offered through traditional off campus classroom instruction has lowered in relation to classes that are technology delivered.

It has become important to assess technology delivered instructional programs as well. The original adult student survey (Schrock, 1988) was adapted into an on-line version in order to …

The Narrowing Of Knowing: What It Means To Be Literate And Learned In Today's Society, Thomas Smith

Journal of Inquiry and Action in Education

Currently, the idea and definition of learning and literacy is being pushed and pulled in competing directions. Current governmental policies, most notably embodied in the No Child Left Behind law, are pushing the definitions to mechanical enterprises aimed at the lowest common denominator. At the same time, the technology race is working to open access to being learned and literate to populations that are traditionally underrepresented in these arenas; however, at the same time, this technology is setting up new barriers that act to limit access. Finally, the student population of schools in the United States is quickly becoming the …

The Challenge Of Comparative Civil Procedure, Scott Dodson

Faculty Publications

This Essay reviews Civil Litigation in Comparative Context (West 2007), by Oscar G. Chase, Helen Hershkoff, Linda Silberman, Yasuhei Taniguchi, Vincenzo Varano, and Adrian Zuckerman. It also identifies some areas of exceptionalist American civil procedure that recently have been converging towards global norms and argues that those convergences, if they continue, could render comparative studies particularly meaningful.

Determinants Of Financial Health Of Us General Aviation Airports, Vitaly S. Guzhva, Massoud Bazargan, David A. Byers

Management, Marketing and Operations - Daytona Beach

This survey-based study investigates the current financial environment of US general aviation airports. Due to a dearth of data and research on the financial performance of general aviation airports, the paper provides vital information regarding the critical needs and major revenue sources of such airports.The findings suggest that general aviation airports can be self-sustaining regardless of their location, runway length and other airport-specific characteristics.The attitudes of the airport manager towards the importance of financial self-sustainability, positive relationships with local communities, and utilisation of non-traditional and non-aviation revenue sources are found to be critical for the financial health of general aviation …

Is There A Moral Justification For Redressing Historical Injustices?, Katrina M. Wyman

Vanderbilt Law Review

In recent years, there have been lively popular and academic debates in the United States and elsewhere about whether injustices committed decades or even centuries ago should be redressed through official apologies, commissions of inquiry, reparations, and restitution. In the American context, the historical injustices for which redress has been pursued, and in some cases granted, include the internment of Japanese Americans during World War II, the Holocaust, and the mistreatment of Native Americans. Recently, the most prominent debate in the United States has been about whether federal and state governments and corporations should pay reparations to African Americans for …

Key Concepts In The Finding, Definition And Consideration Of Custom Law In Tribal Lawmaking, Pat Sekaquaptewa

American Indian Law Review

No abstract provided.