Digital Commons Network^™

Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian

Cardozo Journal of Conflict Resolution

The French National Assembly's adoption of a bill penalizing the denial of the Armenian genocide (October 12, 2006), later followed by the German plan to outlaw genocide denial throughout European Union, stoked the vigorous French debate on the connection between genocide denial and law and, more generally, between history and law. The main criticism expressed by the detractors of laws against negationism - in particular historians - is the following: penalization of denial constitutes a violation of freedom of expression and, as such, represents a threat to democracy.

Pre-Commencement Discovery And The Odex Litigation: Copyright Versus Confidentiality Or Is It Privacy?, Sze Shun, George Wei

Research Collection Yong Pung How School Of Law

This article examines whether internet service providers are under any duty to disclose the names of subscribers whose accounts can be shown to be associated with infringing activity. This question involves tension between the economic interests of copyright owners/licensees, the privacy interests of internet users and the economic interests of the internet service provider. This tension in turn raises age-old problems of balance and proportionality between privacy, confidentiality and other competing rights and freedoms as well as the interests of society at large. The article concludes by briefly touching on privacy areas from outside of copyright and the Internet: including …

2008-2009 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2008-2009 graduate catalog for Morehead State University.

Symposium: Stare Decisis And Nonjudicial Actors: Introduction, Amy Coney Barrett

Journal Articles

This essay is as an introduction to a symposium on stare decisis and nonjudicial actors. It frames the questions explored in the symposium by pausing to reflect upon the variety of ways in which nonjudicial actors have, over time, registered their disagreement with decisions of the United States Supreme Court. Both public officials and private citizens have battled the Court on any number of occasions since its inception, and historically, they have employed a diverse range of tactics in doing so. They have resisted Supreme Court judgments. They have denied the binding effect of Supreme Court opinions. They have sought …

Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal Articles

This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided …

Relational Duties, Regulatory Duties, And The Widening Gap Between Individual Health Law And Collective Health Policy, William M. Sage

Faculty Scholarship

In response to a prominent editorial by Dr. Jeffrey M. Drazen, Professor Sage explains how a relational approach has impeded health law's ability to effectively govern the American health care system, arguing that health law has traditionally focused on the physician-patient encounter rather than on achieving collective objectives (which he calls regulatory duties). Professor Sage traces health law's relational emphasis to private and public law, professional ethics and bioethics, budgetary and general politics, and health care consumerism. He concludes that four areas of health policy-conflicts of interest in biomedical research, managed care and pay-for-performance, health care transparency and education, and …

Community Wellness Center: Providence, Rhode Islan, Eva Marie Mercurio

Architecture Theses and Projects

The Wellness Center in Providence, Rhode Island incorporates alternative medicine, medical, and dental facilities for the benefit and education of patients within and around surrounding neighborhoods as well as for others who reside outside the immediate area. These services, all of which are available in one centrally located area have the potential to captivate and entice those who are interested in creating a better lifestyle for themselves. A predominant focus of this facility is to instill and promote healthy lifestyles while at the same time educating the public who can contribute to a society and become capable of addressing and …

The Confluence Of Psychopathic Traits, Violence, And Mental Health Needs In Adolescent Females: Theoretical And Treatment Implications, Nathan Cook

Psychology Theses

The relation among psychopathic traits, violence, and mental health needs was investigated in a sample of male and female juvenile offenders to test for the presence of gender differences. Demographic, offense, and mental health information was gathered from 100 youth offenders, 50 female and 50 male, committed to a state juvenile justice agency. Case file information was used to score the Psychopathy Checklist: Youth Version and additional archival data was used to code offense and mental health variables. Female and male juvenile offenders differed on PCL:YV scores as a function of proactive violence and mental health needs. The results are …

Yucca : Yikes! The Wrong Solution, Wrong Place, Wrong Time, Justin Carey

Capstone Projects and Master's Theses

This paper examines Yucca Mountain as the nation's first planned permanent repository for nuclear waste. In addition to analyzing the site itself, I also examine the possible ramifications that opening this mountain site may have on the nuclear power revival movement and renewable 'green' forms of energy. These issues were explored using historical, descriptive, comparative and qualitative methods. As a consequence of applying these methodologies I determined the Yucca site to be geologically unstable; transportation issues associated with nuclear waste are more problematic than first envisioned; the choice of this particular mountain site involves enviornmental racism of the worst kind; …

Michel Foucault Meets Gary Becker: Criminality Beyond Discipline And Punish, Andrew Dilts

Political Science and International Relations Faculty Works

Among the numerous reasons why Discipline and Punish continues to be read and to shape the contours of criminology, sociology, political theory, and philosophy, is its attention to the development of criminal subjectivity. The ascendancy of the disciplinary age brought about the “fabrication” of the delinquent as a by-product of the discursive needs of the penitentiary technique and the requirements of the juridical law. The figure of the delinquent comes into existence both historically and theoretically at the intersection between discursive orders to manage the contradictions between them, providing a suitable subject for both the court and the penitentiary. The …

The Common Law And The Environment In The Courts, Stuart Buck

Case Western Reserve Law Review

No abstract provided.

Regional Economies And The Constitutional Imperative Of Eminent Domain, Steven S. Kaufman

Case Western Reserve Law Review

No abstract provided.

Where Will They Go - Sex Offender Residency Restrictions As Modern-Day Banishment, Kari White

Case Western Reserve Law Review

No abstract provided.

Northeastern Illinois University, 2008-2009 Academic Catalog, Northeastern Illinois University

Course Catalogs

No abstract provided.

Boumediene V. Bush, The Great Writ, And The Power To “Say What The Law Is”, Emily Garcia Uhrig

McGeorge School of Law Scholarly Articles

No abstract provided.

Real Estate And Construction Industry Developments - 2008; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Arrest As An Invasion Of The Right To Privacy: How Officer Gilroy's Arrest Of Shelwanda Riley For Violating The Fort Pierce Youth Protection Ordinance Violated Her Privacy Rights Under The Florida Constitution, Sarah Walker

University of Florida Journal of Law & Public Policy

No abstract provided.

Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watching, William A. Herbert

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: How Fast Is Too Fast? The Court's Race To Find Reasonableness In High-Speed Chases, Katie Coxe

University of Florida Journal of Law & Public Policy

No abstract provided.

New Orleans, Katrina And Kelo: American Cities In The Post-Kelo Era, John Costonis

Journal Articles

No abstract provided.

The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll

Journal Articles

This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …

Evaluation Of An Electrified Mat As A White-Tailed Deer (Odocoileus Virginianus) Barrier, Thomas W. Seamans, David A. Helon

United States Department of Agriculture Wildlife Services: Staff Publications

White-tailed deer (Odocoileus virginianus) pose economic and safety problems for agricultural and transportation industries. We tested an electronic mat to determine if it would reduce deer crossing through fence openings. We measured deer intrusions and corn consumption at five sites with charged mats and five sites with non-charged mats. Weekly intrusions at treated sites decreased an average of 95% from pre-treatment. Weekly intrusions at control sites were reduced 60% during weeks 1 and 2 and increased to 10% reduction by week 6. Weekly corn consumption at treated sites decreased from pretreatment through all treatment weeks. Weekly corn consumption …

Downside Risk Of Wildlife Translocation, R. Chipman, D. Slate, C. Rupprecht, M. Mendoza

United States Department of Agriculture Wildlife Services: Staff Publications

Translocation has been used successfully by wildlife professionals to enhance or reintroduce populations of rare or extirpated wildlife, provide hunting or wildlife viewing opportunities, farm wild game, and reduce local human-wildlife conflicts. However, accidental and intentional translocations may have multiple unintended negative consequences, including increased stress and mortality of relocated animals, negative impacts on resident animals at release sites, increased conflicts with human interests, and the spread of diseases. Many wildlife professionals now question the practice of translocation, particularly in light of the need to contain or eliminate high profile, economically important wildlife diseases and because using this technique may …

Assessing The ‘Hazards Of Place’ Model Of Vulnerability: A Case Study Of Waterloo Region, Erin Joakim

Theses and Dissertations (Comprehensive)

This research project examines the Hazards of Place model of vulnerability (as developed by Cutter, 1996) to determine whether it is applicable in a Canadian context.

An in-depth case study of the Regional Municipality of Waterloo was used to determine whether the model accurately describes:

1. emergency and community practitioners understandings of vulnerability and vulnerable populations in Waterloo Region
2. emergency and community practitioners perceptions of the variables that influence vulnerabilities
3. mitigation and preparedness efforts that could be enhanced and/or implemented to reduce the vulnerability of individuals and groups in Waterloo Region

To complete this study, in-depth interviews and surveys were conducted …

Reporting Sexual Assault Of Women In The Military, Jodie Friedman

Cardozo Journal of Equal Rights & Social Justice

The note examines the underreporting of sexual assaults in the military and the impact of policy changes aimed at addressing this issue. It highlights the challenges faced by victims, including fears of retaliation and the lack of confidentiality, and evaluates the effectiveness of the 2005 restricted reporting policy. The analysis suggests that while progress has been made, systemic issues persist, and further reforms are needed to protect victims' rights and ensure justice.

The Future Of 9-1-1: New Technologies And The Need For Reform, Philip J. Weiser, Dale Hatfield, Brad Bernthal

Colorado Technology Law Journal

No abstract provided.

Neither Fish Nor Fowl: New Strategies For Selective Regulation Of Information Services, Rob Frieden

Colorado Technology Law Journal

No abstract provided.

Digest: In Re Smith, Ryan Odenwalder

Chapman Law Review

No abstract provided.

The Soap Box Avoiding The Blame Game In Managing Problem Black Bears, Michael L. Wolfe

Human–Wildlife Interactions

No abstract provided.

Assessment Of Costs Associated With Deer–Vehicle Collisions: Human Death And Injury, Vehicle Damage, And Deer Loss, John A. Bissonette, Christine A. Kassar, Lawrence J. Cook

Human–Wildlife Interactions

Collisions between large vertebrates and vehicles along roadways are an increasing concern, not only because of ecological consequences, but also because of associated economic and social costs. We used a large-scale, long-term data set comprising several databases from Utah to summarize and analyze these costs. The overall cost for 13,020 collisions from 1996 to 2001 in Utah was approximately $45,175,454, resulting in an estimated average per year cost of about $7,529,242 and a mean collision cost of $3,470. These figures include human fatality costs of $24 million (53% of total costs); vehicle damage costs of $18 million (39%); loss of …