Digital Commons Network^™

A Global First Amendment?, Kaydee Smith

Colorado Technology Law Journal

No abstract provided.

An American's Guide To Cultural Brokering, Jessica Anna Sauer

Honors Program Theses

The United States is the world's largest refugee host, welcoming almost 3 million people in the last 30 years, according to the January 16th, 2007 edition of the San Francisco Chronicle. In addition to refugees, the United States accepted 1,266,264 immigrants in 2006, as stated in the Office of Immigration Statistics 2006 Yearbook of Statistics. Furthermore, the Kids Count Data Center reports that one out of every five children lives in an immigrant family. Clearly, these numbers show that immigrants compose a significant part of our communities.

While the US strives to welcome newcomers, many immigrants are left in the …

Biracial Filipino Americans In Society, Neal Andrew Molitor

Honors Program Theses

Since I grew up in a small and predominantly white Midwestern town, I was acutely aware of the common cultural aspects of my Caucasian side. I was able to familiarize myself with the Western cultural values, and I felt comfortable within them. My appearance may have differed from my peers' but I was able to assimilate myself with all the local customs. However, I still felt that I was neglecting a major part of my identity. I needed to know more about the other half of my cultural heritage, and I knew that college and this thesis project would provide …

The Custom Of Courtesans And John Marston's The Dutch Courtesan, Andrew Fleck

Literatures and Cultural Studies Faculty Publications

No abstract provided.

Additional Studies In Rio Grande Valley History, Milo Kearney, Anthony K. Knopp, Antonio Zavaleta

Studies in Rio Grande Valley Regional History Series

Border birding, a poem / Chip Dameron -- The curse, a folktale / Peter Gawenda -- River boundaries of Texas : the Louisiana-Texas borderland and Lower Rio Grande Valley in comparative perspective 1700-1850 / Francis X. Galan -- Testamentos de Reynosa 1770-1820 / Pedro Antonio Campos Rodriguez -- La Guerra de 1847 y la inevitibilidad ‘retorica’ de la derrota / Arturo Zarate Ruiz -- The dead man’s bride, a folktale / Peter Gawenda -- Emmanuel Domenech in the Rio Grande Valley, 1851-1853 / Santiago Escobedo -- Don Juan Jose de Solis, Albert Champion, the border cattle raids, and the birth …

Transcript, Originalism And Criminal Law And Procedure, 2005 National Lawyer's Convention

Chapman Law Review

No abstract provided.

Transcript, The Framers’ Understanding Of Originalism And International Law, 2005 National Lawyer's Convention

Chapman Law Review

No abstract provided.

Medical Marijuana And The Limits Of The Compassionate Use Act: Ross V. Ragingwire Telecommunications, Deborah J. La Fetra

Chapman Law Review

No abstract provided.

Recasting Complaints: An Argument For Procedural Alternatives, Paul David Menair

Chapman Law Review

No abstract provided.

James Abbott Mcneill Whistler: Photographs Of His Paintings And The Art Of Photography, Hiroko Suda

Dissertations and Theses

James Abbott McNeill Whistler (1834-1903) is an important figure in the development of art photography. His lyrical and atmospheric images were not only admired by modernist painters, but also influenced many photographers who aspired to be artists. His treatment of the subject matter, careful selection of paper, and arduous printing process gave profound inspiration to many of the early twentieth century photographers.

Nonetheless, Whistler's own attitude towards the medium of photography was quite elusive. He never took the camera seriously as a tool of his artistic expression and photography was never included in his oeuvre. The artist never explained his …

Health Equity, Hpv And The Cervical Cancer Vaccine, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article explores the relationship between technological innovation and health inequity. It examines in particular the relationship between the vaccine against human papillomavirus (HPV) infection, the cause of cervical cancer, and inequity in cervical cancer incidence and mortality. In Canada, screening programs have drastically reduced the incidence of cervical cancer, but their benefits have been unequally distributed. Prevention efforts have disproportionately failed women of disadvantaged social groups. Technological innovation alone will not remedy this inequity. The HPV vaccine merely expands the available means for reducing or increasing health inequity depending on its implementation. For this reason, the article looks beyond …

Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy - A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald

Articles, Book Chapters, & Popular Press

Globalization and the new information economy are putting great stress on western high-wage economies of which Canada is an exemplar. As individuals and together as a society, Canadians are being forced to become more flexible and strategic in adjusting to changing employment opportunities and economic challenges. Meanwhile, governments have shifted from being purveyors of welfare to being supervisors of both markets and decentralized/ privatized public services. Key roles for the government in this new political environment are the sponsorship of mechanisms for autonomous, individual human capital investment as well as for community responses to these emerging economic and social challenges. …

Explaining Away The Obvious: The Infeasibility Of Characterizing The Second Amendment As A Nonindividual Right, George A. Mocsary

Fordham Law Review

Although the Second Amendment of the U.S. Constitution has guaranteed the right to keep and bear arms for more than 200 years, the U.S. Supreme Court has never formally declared to whom the right belongs. Each side of the gun debate--one holding that the Amendment guarantees a right to individuals, the other that states possess the right--supports its position with ostensibly solid precedential, historical, and textual arguments. This Note approaches the issue from the opposite direction, asking how many precedential, historical, and textual obstacles each side must explain away and examining the relative strength of those explanations. Under this analysis, …

The Blurring Of The Lines: Children And Bans On Interracial Unions And Same-Sex Marriages, Carlos A. Ball

Fordham Law Review

No abstract provided.

On The Face Of It? Establishing Jurisdiction On Claims To Compel Arbitration Under Section 4 Of The Faa, Leda Moloff

Fordham Law Review

Section 4 of the Federal Arbitration Act enables a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought in court. The U.S. Courts of Appeals are split over how to establish jurisdiction when faced with a claim to compel arbitration. The disagreement centers on whether the court may “look through” to the underlying claim between parties to establish jurisdiction or whether establishment of jurisdiction must comply with the well-pleaded complaint rule, a rule requiring the petitioner to state the reason for jurisdiction on the face of their complaint to compel arbitration. …

Reconciling Morse With Brandenburg, Steven Penaro

Fordham Law Review

This Note examines Morse v. Frederick in connection with the Brandenburg v. Ohio test governing speech that advocates unlawful acts. In Morse, the U.S. Supreme Court devised a new test that gives school officials the power to restrict student speech promoting the use of illegal drugs. However, in Brandenburg, the Supreme Court held that speech must be struck down if the speaker intends to incite imminent lawless action and that speech is likely to produce such action. This Note argues that a relaxed application of the Brandenburg standard would be useful in prohibiting student drug speech within a school setting.

American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu

Fordham Law Review

No abstract provided.

"Federalizing" Immigration Law: International Law As A Limitation On Congress's Power To Legislate In The Field Of Immigration, Shayana Kadidal

Fordham Law Review

No abstract provided.

The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus

Fordham Law Review

No abstract provided.

Lower Courts And Constitutional Comparativism, Roger P. Alford

Fordham Law Review

No abstract provided.

Givings And The Next Copyright Deferment, Lindsay Warren Bowen, Jr.

Fordham Law Review

In 1998, Congress granted a twenty-year deferment to expiring copyrights with the Copyright Term Extension Act (CTEA). Ten years later, debate over the Act's wisdom continues unabated. Major camps in the debate view the CTEA variously as a constitutional prerogative, an economic imperative, and a war on cultural freedom. This Note sidesteps this underlying debate, and, borrowing the property law concept of "givings," examines the result of charging for future copyright deferments. Under this analysis, a givings-based solution would force unproductive copyrights into the public domain faster and more effectively than current approaches, while protecting the most important assets of …

Intentional Sex Torts, Deana Pollard Sacks

Fordham Law Review

Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists regarding consent to sexual relations. Although American law historically has provided remedies for fraudulent or other tortious inducement of sexual relations, current sex tort jurisprudence offers virtually no protection. The law’s contemporary “caveat emptor” approach to cases of sexual autonomy infringement is inappropriate because it departs from fundamental principles of intentional tort doctrine. In addition, the current law supports a “false” norm that sexual misappropriation is acceptable. Current law fails to protect …

Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong

Fordham Law Review

This Note examines the contentious debate that exists regarding the property valuation used by the U.S. Sentencing Guidelines with regard to counterfeiting. Currently, the Sentencing Guidelines employ “street value.” However, many scholars and organizations argue that the alternative use of “retail value” will best assess the harm to the intellectual property owner as well as combat the growing problem of counterfeiting. This Note suggests that amending the Sentencing Guidelines, in order to allow for application of “retail value,” will best combat a growing national and international problem posed by the counterfeit luxury goods market.

Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan

Fordham Law Review

Can any employee of an executive agency assert the deliberative process privilege in order to withhold information in response to a valid request? This Note examines the agency head requirement for assertion of the deliberative process privilege and concludes that only executive officials possessing policy-making authority may invoke the privilege. Such privilege determinations must come from a policy-making official in order to curb abuse and maintain the integrity of executive decisions. Recognition of such a policy-making distinction with regard to the agency head requirement will serve both the Executive’s and the public’s interest in ensuring effective governance.

Concept Detection: Convergence To Local Features And Opportunities Beyond, Shih-Fu Chang, Junfeng He, Yu-Gang Jiang, Elie El Khoury, Chong-Wah Ngo, Akira Yanagawa, Eric Zavesky

Research Collection School Of Computing and Information Systems

No abstract provided.

Program Assessment: A Structured, Systematic, Sustainable Example For Civil Engineers, Allen C. Estes, Ronald W. Welch, Stephen J. Ressler

Architectural Engineering

As the outcomes-based accreditation process continues to evolve since its implementation six years ago, the standards for program assessment and continuous improvement are progressively being raised and many schools struggle with what is required. This paper offers an example of a structured, systematic, sustainable assessment program implemented by the civil engineering program at the United States Military Academy. The process is compatible with the university assessment process and has eight years of documented results. The assessment includes fast loop and slow loop cycles that accomplish very different things. Other features include standardized course assessments, embedded indicators, performance measures for all …

Codification Of Late Roman Inheritance Law: Fideicommissa And The Theodosian Code, Joshua C. Tate

Faculty Journal Articles and Book Chapters

It has long been known that most of the private law content of the Theodosian Code has not been preserved independently of the Lex Romana Visigothorum, or Breviary of Alaric. Certain constitutions, not contained in the Breviary but dating to the period covered by the Theodosian Code, have survived in the Code of Justinian. There has been debate, however, as to whether all of these constitutions were contained in the Theodosian Code.

This Article discusses this problem with respect to a particular topic: fideicommissa. The Article considers whether a particular constitution, CJ 6.37.21, might have been included in the Theodosian …

Substance Use And Barriers To Treatment Across Native Hawaiians/Pacific Islanders And Asian Americans, Lauren Michelle Levine

UNF Graduate Theses and Dissertations

Research shows that Asian Americans have lower rates of substance abuse treatment utilization than Caucasians. However, investigators have recently begun to separate Native Hawaiians/Pacific Islanders (NH/PI) from Asian Americans. Thus, it remains unclear whether disparities in barriers to treatment utilization differ across NH/Pis and Asian Americans. Data (N = 43,093) from the 2001-2002 National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a large, nationally representative survey was used in this study. A chi-square analysis examined whether disparities in barriers and utilization differed between NH/Pis (n = 300) and Asian Americans (n = 1,334). We found that NH/Pis who thought …

Factors Associated With Successful Hispanic Students In Higher Education, Ana G. Linares

UNF Graduate Theses and Dissertations

The Hispanic population in the United States already constitutes the fastest growing minority group in the United States and by the year 2050 this group will constitute 24% of the total population and one fourth of the national workforce. Because this is a very young population whose median age is 27.2 years old, the education of this group is pivotal to the future of this nation. The purpose of this study was to examine the perceived importance of personal and external factors found in the literature as significant in Hispanic college success for a sample of 137 Hispanic college seniors …

The Soap Box Resolving Conflicts Between Humans And The Threatened Louisiana Black Bear, Walter Cotton

Human–Wildlife Interactions

No abstract provided.