Digital Commons Network^™

Landing Native Fisheries: Indian Reserves And Fishing Rights In British Columbia, 1849-1925, Douglas C. Harris

All Faculty Publications

Landing Native Fisheries reveals the contradictions and consequences of an Indian land policy premised on access to fish, on one hand, and a program of fisheries management intended to open the resource to newcomers, on the other. Beginning with the first treaties signed on Vancouver Island between 1850 and 1854, Douglas Harris maps the connections between the colonial land policy and the law governing the fisheries. In so doing, Harris rewrites the history of colonial dispossession in British Columbia, offering a new and nuanced examination of the role of law in the consolidation of power within the colonial state. This …

Time Perspectivism, Temporal Dynamics, And Battlefield Archaeology: A Case Study From The Santiago Campaign Of 1898, William E. Altizer

Nebraska Anthropologist

Given the unique ability of archaeology to illuminate temporal processes, archaeologists have begun employing a number of theoretical models to understand the nature of these processes, and the ways in which the modern archaeological landscape retains their physical traces. Battlefields, as discrete temporal events taking place in physical settings with their own history, offer an intriguing avenue to explore archaeological temporality. This paper reviews the ways in which archaeologists have employed the Annales approach and time perspectivism, and considers a case study in battlefield archaeology - the 1898 battlefield of EI Caney, Cuba.

Planning Past Steel: Examining Economic Conditions In Brooke And Hancock Counties, West Virginia., Jennifer L. Smith

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research examines the local impacts of capital flight on community members caused by the capitalist mode of production specifically through the decline of local steel production. Local conditions are assessed through qualitative research methods to describe the varying impacts and challenges faced by stakeholders within Brooke and Hancock Counties, West Virginia. Key informant interviews, focus group discussions, archival, and textual analysis research uncover issues of negotiated class struggle, impacts on local politics, and personal losses suffered within the communities. Additionally, how these impacts of capital flight are experienced by Brooke and Hancock Counties as a function of the capitalist …

Using Social Support And Theoretically Derived Messages To Increase Awareness And Use Of The C&O Canal National Historical Park For Walking: An Intervention Focused On Local Employees., Lydia H. Lawson

Graduate Theses, Dissertations, and Problem Reports (ETD)

There have been a number of recent studies documenting the various physical, psychological, and social health benefits associated with participation in regular physical activity. In response to compelling evidence of the benefits associated with improving health and in an attempt to promote healthy lifestyles, the Bush Administration proposed the Healthier U.S. Initiative (Executive Order 13266) in 2002. The purpose of this initiative was to promote the use of public lands to improve personal health by encouraging their use for physical activity. Based on the recommendations of the National Park Service Advisory Board Subcommittee on Health & Recreation (2006), the C&O …

The Effects Test: Extraterritoriality’S Fifth Business, Austen L. Parrish

Articles by Maurer Faculty

American laws increasingly regulate the conduct of foreigners abroad. The growth in extraterritorial laws, in no small part, can be traced to the effects test - a doctrine that instructs courts to presume that Congress intended to regulate extraterritorially when foreign conduct is found to have a substantial effect within the United States. For many scholars and lawyers, the effects test is the doctrinal lynchpin for determining the geographic reach of domestic laws. Territorial limits on legislative jurisdiction, on the other hand, are seen as anachronistic; a remnant of a pre-modern, pre-globalized world.

This article takes a different, more skeptical …

Back To The Beginning: An Essay On The Court, The Law Of Democracy, And Trust, Luis Fuentes-Rohwer

Articles by Maurer Faculty

The law of democracy is in a state of incoherence. The experiment begun by Baker v. Carr showed great promise yet soon gave way to disappointment. The promise was one of modest review and respect for political choices made elsewhere. A presumption was still against judicial involvement: absent self-entrenchment or distrust of political outcomes, the Court would stay its hand. But, the reality has been far from that. The presumption has now clearly shifted, and the Court intervenes in politically-charged controversies as a matter of course. This raises a question at the heart of the law of democracy: can we …

The Blessing Of Departure: Acceptable And Unacceptable State Support For Demographic Transformation: The Lieberman Plan To Exchange Populated Territories In Cisjordan, Timothy W. Waters

Articles by Maurer Faculty

What limits ought there be on a state's ability to create a homogeneous society, to increase or perpetuate non-diversity, or to create hierarchies within existing diversity? This paper examines those questions with reference to the Lieberman Plan - which proposes to transfer populated territories from Israel to the Palestine in exchange for Jewish settlements on the West Bank - as an abstract exercise in demographic transformation by the state.

First the article considers if the Lieberman plan would "work": Would it create the alterations it proposes, and would those changes achieve a stable, peaceful, even just settlement? It finds that …

Concerning The Provision Of Preschool Through Twelfth-Grade Educational Services To Students Who Receive Educational Services In Facilities, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

The Uses Of Rickets: Race, Technology, And The Politics Of Preventive Medicine In The Early Twentieth Century, M. Allison Arwady

Yale Medicine Thesis Digital Library

Rickets, the bone disease classically caused by Vitamin D deficiency, was one of the most common diseases of children 100 years ago. It has been recognized as a disease of urban living and linked to issues of race and culture for generations. This paper uses unpublished patient records from 1904 to 1909 and archival and published materials from multiple community-based trials, including the New Haven Rickets Study (1923-1926), to explore how the definition, diagnosis, and treatment of rickets shifted in the first decades of the twentieth century in the United States. Before 1910, as evidenced by patient records, neither the …

Concerning Alignment Of Preschool To Postsecondary Education, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Financial Literacy In Kindergarten-Through-Twelfth-Grade Education., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Migration/Mobility And Vulnerability To Hiv Among Male Migrant Workers: Andhra Pradesh 2007-08, Niranjan Saggurti, Anrudh K. Jain, Saumya Ramarao, Hanimi Reddy Modugu, Ajay Kumar Singh, Suvakanta N. Swain, Ravi K. Verma

HIV and AIDS

The Population Council, in collaboration with TNS India Pvt. Ltd., undertook a study in Andhra Pradesh, India, to examine the patterns of male migration and its links with HIV risk. The goal was to provide evidence to inform the design and implementation of HIV interventions for male migrant workers. The study documented the volume and patterns of mobility, including the social dynamics within the contract system that employs these men as laborers, and the sexual risk behaviors and addictive behaviors of male migrants. The results suggest a predominance of interdistrict movements of men within Andhra Pradesh with a strong positive …

Migration/Mobility And Vulnerability To Hiv Among Male Migrant Workers: Karnataka 2007-08, Shiva S. Halli, Raluca Buzdugan, Niranjan Saggurti, Ravi K. Verma, Stephen Moses, James Blanchard, Anrudh K. Jain, Saumya Ramarao, Ajay Kumar Singh, Suvakanta N. Swain

HIV and AIDS

The present study was undertaken by the Population Council and the Karnataka Health Promotion Trust to study the patterns and factors driving migration among men and the extent to which they engage in high-risk activities associated with HIV. The specific objectives of the study were: to understand the patterns and factors driving the migration of men seeking work in the state of Karnataka; to describe the characteristics of vulnerable subpopulations among migrant men; and to examine the determinants of high-risk sexual behavior among the subpopulations of migrant men, with an emphasis on their mobility as one possible factor. Results suggest …

Migration/Mobility And Vulnerability To Hiv Among Male Migrant Workers: Maharashtra 2007-08, K. Anil Kumar, Shalini Bharat, Niranjan Saggurti, Ravi K. Verma, Anrudh K. Jain, Saumya Ramarao, Kanchan Mukherjee, Ajay Kumar Singh, Suvakanta N. Swain

HIV and AIDS

HIV prevalence in Maharashtra is one of the highest among Indian states. The specific objectives of this study were: to understand the patterns and drivers of migration/mobility of men who migrate for the purpose of work in the state of Maharashtra; to describe the characteristics of vulnerable subpopulations among migrant men; and to examine the determinants of high-risk sexual behavior among the subpopulations of migrant men with particular emphasis on the role of mobility in determining the sexual risk behavior. The present study clearly demonstrates that these male migrants, married or otherwise, retain strong connectivity to their native villages, but …

What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore

UIC Law Review

No abstract provided.

Clerk And Justice: The Ties That Bind John Paul Stevens And Wiley B. Rutledge, Laura Krugman Ray

Connecticut Law Review

Justice John Paul Stevens, now starting his thirty-third full term on the Supreme Court, served as law clerk to Justice Wiley B. Rutledge during the Court’s 1947 Term. That experience has informed both elements of Stevens’s jurisprudence and aspects of his approach to his institutional role. Like Rutledge, Stevens has written powerful opinions on issues of individual rights, the Establishment Clause, and the reach of executive power in wartime. Stevens has also, like Rutledge, been a frequent author of dissents and concurrences, choosing to express his divergences from the majority rather than to vote in silence. Within his chambers, Stevens …

Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman

Richmond Journal of Law and the Public Interest

This article explores why the promise of ending our dual society, as first articulated in Brown v. Board of Education, has not been fulfilled. Specifically this article examines a more recent case, Parents Involved in Community Schools v. Seattle School District No. 1, addressing the lost promise of Brown and the implications for our dual society.

Annual Report From The Town Officers Of Clarksville, New Hampshire, For The Year Ending December 31, 2007, Report Of The School Directors Included., Clarksville Town Representatives

Clarksville, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

City Of Dover, New Hampshire Comprehensive Annual Financial Report For The Year Ended June 30, 2008., Dover Town Representatives

Dover, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Innovation Processes And Industrial Districts, Paul L. Robertson, David Jacobson, Richard N. Langlois

Economics Working Papers

In this survey, we examine the operations of innovation processes within industrial districts by exploring the ways in which differentiation, specialization, and integration affect the generation, diffusion, and use of new knowledge in such districts. We begin with an analysis of the importance of the division of labor and then investigate the effects of social embeddedness on innovation. We also consider the effect of forms of organization within industrial districts at various stages of product and process life, and we examine the negative aspects of embeddedness for innovation. We conclude with a discussion of the possible consequences of new information …

Environmental Policy In Majoritarian Systems, Per G. Fredriksson, Xenia Matschke, Jenny Minier

Economics Working Papers

This paper sheds new light on the determination of environmental policies in majoritarian federal electoral systems such as the U.S., and derives implications for the environmental federalism debate on whether the national or local government should have authority over environmental policies. In majoritarian systems, where the legislature consists of geographically distinct electoral districts, the majority party (at either the national or the state level) favors its own home districts; depending on the location of polluting industries and the associated pollution damages, the majority party may therefore impose sub-optimally high or low pollution taxes due to a majority bias. We show …

People Aspect Of Entrepreneurs: Personal Service Contacts With Key Personnel Including Non-Compete Clauses, Methods Of Reimbursement For Company Success, Incentives (Profit-Sharing Or Other), And Effect Of Immigration Restrictions On Entrance Of Possible, Discussion

Canada-United States Law Journal

No abstract provided.

Table Of Contents, Cjil Editors

Chicago Journal of International Law

No abstract provided.

The Geography Of Climate Change Litigation Part Ii: Narratives Of Massachusetts V Epa, Hari M. Osofsky

Chicago Journal of International Law

As debates over the appropriate role of climate change litigation in regulatory governance become more intertwined with the ongoing fight over the future of international law, a systematic examination of how it fits into that discourse is critical. This Article attempts to begin that conversation by examining the ways in which geographic assumptions about nation-states influence narratives about how this type of litigation fits into an understanding of international law. Using Massachusetts v EPA as an example, it argues that interrogating those assumptions and their implications allows for clarification of the significance of climate change litigation crucial to making progress …

Global Law Firms: Globalization And Organizational Spaces Of Cross-Border Legal Work, James R. Faulconbridge, Jonathan V. Beaverstock, Daniel Muzio, Peter J. Taylor

Northwestern Journal of International Law & Business

The aim of this paper is not, however, to generically chart the rise of the global law firm; others have already done this. Instead, our interest lies in better understanding how existing geographies of globalization of law and lawyers, alongside the new geographies of professional partnership and legal work, have created opportunities and challenges for global law firms. More specifically, we seek to unravel the complexities of: (a) the factors driving the presence and absence of global law firms in different cities; and (b) the way that law firms have been reconfigured to operate as spatially distributed organizations present in …

The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry

Northwestern Journal of International Law & Business

While lawyers in these large global law firms usually are aware of why globalization is relevant to them, other U.S. lawyers may not think that the globalization phenomenon affects them. A comment frequently heard is "Law is local so I don't have to worry about globalization affecting me or my practice." The goal of this article is to look at Friedman's work through the lens of legal services and to answer several questions, including: • Whether Friedman's analysis is relevant to what has happened in the field of legal services; • Whether a U.S. lawyer who doesn't practice in a …

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin

Northwestern Journal of International Law & Business

Cross-border law practice is growing to serve the increasingly global business of its clients, and U.S. and U.K. firms have been leaders in this global expansion of law practice. Expansion takes several forms, including the physical--with law firms opening offices in faraway locations to serve existing and new clients1--as well as the virtual--based on technology that supports the economics of cross-border activity by enabling practice apart from physical presence. Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, …

Strategic Water For Iraq: The Need For Planning And Action , Frederick Michael Lorenz

American University International Law Review

No abstract provided.

How American Student Journalists At A College Newspaper Consume, Perceive, And Disseminate News And Information About China, Xiaohua Wang

Electronic Theses and Dissertations

With the increase of cooperation between America and China, the average person's perception of the other country could be an important factor that influences the development of the relationship between these countries. This study was designed to explore how Americans student journalists view China and how these student journalists select the news for a campus newspaper that might influence their readers' perceptions of China. Student journalists not only represent American youth but also act as connectors and filters between a huge flow of information outside and students on campus. A convenience census sample of student journalists at a campus newspaper …

Just And Efficient Resolution Of Private International Disputes: Israel’S New Theory Of Jurisdiction, Yaad Rotem

Richmond Journal of Global Law & Business

What is the guiding rationale according to which the rules of international jurisdiction to adjudicate private disputes are to be construed? Israeli law has been contemplating this question for some time now, as the traditional territorial theory seems to be on the decline and is therefore unsatisfactory as a basis for modern legal rules. Unfortunately, a thorough effort to choose an alternative theory is still missing. A painful reminder of this current state of affairs was given recently as the Israeli Supreme Court issued, on the very same day, two decisions concerning cases in which a foreign plaintiff, having no …