Digital Commons Network^™

"Copynorms," Black Cultural Production, And The Debate Over African-American Reparations, K. J. Greene

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Four Thousand Words On Finnegans Wake: The Misuse Of Copyright Doctrine And The Controversy Surrounding The Estate Of James Joyce, Samantha Brand

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fantasy Sports: A Game Of Skill That Is Implicitly Legal Under State Law, And Now Explicitly Legal Under Federal Law, Jon Boswell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sabam V. S.A. Tiscali (Scarlet); District Court Of Brussels, No. 04/8975/A, Decision Of 29 June 2007, Fran Mady, Julien Bourrouilhou, Justin Hughes

Cardozo Arts & Entertainment Law Journal

SABAM v. Scarlett is a June 29, 2007 decision from a Belgian trial court ordering an ISP in that country to install filtering software to prevent the ISP's users from accessing unauthorized music downloads via peer-to-peer systems. The court made this order following an expert report on the feasibility of such filtering. The decision has generated a fair amount of controversy and this translation is intended to provide intellectual property teachers and practitioners with a citable, English source for the opinion. Users are welcome to reproduce the translation, in whole or in excerpts, for any non-profit educational, non-profit research, or …

All The News That's Fit To Split: Newspaper Mergers, Antitrust Laws And The First Amendment, Richard Brand

Cardozo Arts & Entertainment Law Journal

No abstract provided.

[Networked] Memory Institutions: Social Remembering, Privatization And Its Discontents, Guy Pessach

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Never Ending Seizure Order: How Courts Have Granted Immortality To Congress's Mayfly, Steven N. Baker

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Criminal Manifestos And The Media, Arlen Pyenson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Blood Of Going Green: Using Environmental Initiatives To Account For The Human Rights Violations Of The Green Movement, Noushin Ketabi

Fordham International Law Journal

Part I of this Note first illustrates the science of climate change and the push for biofuel development. Next, this Note uses human rights to define the problems associated with biofuel development in Brazil, Argentina and Paraguay, and introduces the environmental law framework that can address these human rights violation. Part II details the main human rights violations in Brazil, Argentina, and Paraguay occurring at the hands of the soy industry, and surveys the main existing certification proposals that attempt to mitigate social and environmental abuses. Finally, Part III proposes ways that developed countries can collectively mitigate the negative human …

Barack Obama: Same Story, New Character, Jonathan Freinberg

Pepperdine Policy Review

The image of the political outsider, scrutinized carefully, is no different from that of the insider politician, the engineer of consent, who applies “tried practices in the task of getting people to support ideas and programs.” Senator Barack Obama fits this mold; in fact, he is a master of the science.

Message From The Editor, Matthew C. Piccolo

Pepperdine Policy Review

An introduction to this issue by the editor-in-chief.

Educating Citizens: Have We Kept The Founders’ Ideals For Higher Education?, Hans Zieger

Pepperdine Policy Review

Engraved above the colonnade of the Angell Building at the University of Michigan are the words of the Northwest Ordinance of 1787: “Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged” (Northwest Ordinance). The irony of this inscription is that religion and traditional morality are not highly regarded at the University of Michigan. The University of Michigan was one of the major outposts in the campus wars of the 1960s, the legacy of which is a campus culture of multiculturalism, sexual obsession, and political correctness. …

Is Going Yellow Really Going Green? A Cost-Benefit Analysis Of Ethanol Production In America, Michelle Isenhouer

Pepperdine Policy Review

The 2005 Energy Policy Act mandated the use of 7.5 billion gallons of renewable fuels by the gasoline industry annually by the year 2015. The United States has already achieved this modest goal. As a result of recent successes with ethanol, the new Energy Independence and Security Act of 2007 (House Resolution 6) has increased the goal to 36 billion gallons of renewable fuels to be in use by 2022. The goal of the legislation is to move the United States toward energy independence; however, the feasibility of reaching it in the given time period is widely debated. As a …

Going All In: The Gamble Of Globalization And European Economic Integration, Lauren S. Koffs

Pepperdine Policy Review

Globalization is a complicated concept. It has vast effects due to its political, social, and economic connotations. To politicians, globalization is an ideal interaction between states. They characterize globalization to suit their political needs. For instance, Bill Clinton referred to it as the “world without walls”; to Tony Blair it was “inevitable and irresistible”; while George W. Bush labels it “ties of trade and trust." While these alliterations are catchy and appealing to an uninformed and therefore unsuspecting public, to the economic mind globalization comprises much more. This article focuses on globalization and its effects on European economic integration, as …

Standing Up For Charity, Jeffrey M. Jones

Pepperdine Policy Review

When Who Really Cares was first released in late 2006 the political right greeted it as a bombshell exposing the widely-held, yet fraudulent, belief that liberals are more compassionate than conservatives. As Arthur C. Brooks states early on, “The data tell us that the conventional wisdom is dead wrong. In most ways, political conservatives are not personally less charitable than political liberals—they are more so.” Putting aside partisan politics, let’s find out what makes charity—personal voluntary sacrifice for the good of another person— tick.

Corporate Environmentalists: Green Business Strategy, Danielle Bersen

Pepperdine Policy Review

Corporate eco-efficiency demonstrates the duality of benefits from both economic prosperity and ecological protection, which articulates that “A clean environment is actually good for business, for it connotes happy and healthy workers, profits for companies developing conservation technologies or selling green products… and efficiency in material usage.”1 Therefore, it behooves companies to implement green policies in their business strategy that improve the livelihood of their consumers, producers, and ultimately their own bottom line.

Constructing Meaning In The Face Of Suffering: Theodicy In Lamentations, Elizabeth Boase

Theology Papers and Journal Articles

This article explores the existence of theodic elements within the book of Lamentations. Drawing on the typology outlined by A. Laato and J. C. de Moor (Th eodicy in the World of the Bible [Leiden, 2003]) it is identified that Lamentations explores both retributive and educative theodicy within its poems. Other theodic solutions are not, however, present. Although these theodic solutions are present, it cannot be argued that Lamentations constitutes a theodicy as such. Rather, the poems raise and in turn subvert a range of possible theodic assertions in response to the existential crisis which emerged in the wake of …

The Perceptions Of Recently Assigned Secondary Religious Education Teachers, Chris Hackett

Education Papers and Journal Articles

This article focuses on survey responses from newly appointed secondary Religious Education teachers from the first phase of a longitudinal study. The study was conducted in Catholic schools in three dioceses of Western Australia over two school years, from 1998 to 1999. The study focused on the teachers’ perceptions of implementing the Perth Archdiocesan Religious Education Units of Work. The article outlines briefly the demographic and professional backgrounds of recently appointed RE (RARE) teachers. Next, it reports upon how these teachers perceived their use of the instructional resources and teaching approach in the RE Units. The article then describes what …

Who Tolls The Bells For Firms? Tales From Transition Economies, Katharina Pistor

Faculty Scholarship

Bankruptcy law is regarded as an important mechanism for protecting creditor rights. Much of the current debate about bankruptcy law focuses exclusively on private creditors, ignoring the role of tax authorities as creditor in insolvent firms. Based on data from several transition economies, this essay documents the important, if not dominant, role tax authorities play as initiator of bankruptcy in these countries. While improved tax enforcement is crucial for tackling the problem of tax arrears and hardening the "soft budget-constraint" in former socialist countries, this essay suggests that the presence of the tax authorities as creditor may also affect the …

Preparing Nebraska Teachers To See Demographic Change As An Opportunity, Jenelle Reeves, Edmund T. Hamann

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This paper reflects on an effort to support Nebraska teachers, both practicing and preservice, to become more ready for the state‘s changing demographics, notably for the growth in Latino and Spanish-speaking populations. To that end, it describes an effort funded by the University of Nebraska-Lincoln‘s Initiative on Teaching and Learning Excellence called, ―Schooling in Nebraska‘s Demographically Transitioning Communities.‖ That initiative makes mentors of practicing teachers who have enrolled in summer courses in second language acquisition. In the fall of 2006, ten such teachers mentored 44 undergraduates enrolled in TEAC 331 ―Cultural Foundation of American Education‖ or TEAC 413A ―Second Language …

Discourse In Inquiry Science Classrooms (Diisc): Reference Manual, Dale R. Baker, Rachelle Beard, Nievita Bueno-Watts, Elizabeth B. Lewis, Gokhan Özdemir, Giota Perkins, Sissy Wong, Senay Yaşar-Purzer

Department of Teaching, Learning, and Teacher Education: Faculty Publications

One of the greatest challenges facing scholars and funding agencies interested in reform is determining the impact of classroom practice on student achievement. The degree to which this effect can be determined is contingent upon instruments that measure teachers’ ability to enact specific instructional strategies. Frequently, a general instrument will not do because it was not designed to measure the unique focus of a professional development program or a set of variables of interest to researchers.

Consequently, specific instruments should be developed to allow researchers to measure fidelity of classroom implementation. Fidelity of implementation is always the first step in …

Turning Today’S Students Into Tomorrow’S Stars, Aleidine Kramer Moeller, Janine Theiler, Silvia Betta

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Selected Papers from the 2008 Central States Conference

Adeiline J. Moeller, Editor

Janine Theiler, Assistant Editor

Silvia Betta, Assistant Editor

1 The Important Work of Engaging Our 21st Century Learners — Toni Theisen

2 A Model for Teaching Cross-Cultural Perspectives — Susan M. Knight

3 The Stealth Approach to Critical Thinking in Beginning Spanish Classes — Deanna H. Mihaly

4 Teaching About the French Heritage of the Midwest — Randa Duvick

5 Integrating Russian Cuisine with Russian Language and Culture Classes — Marat Sanatullov

6 Preparing a Fotonovela in the Foreign Language Classroom — Carol Eiber

7 Engaging Students through …

A Multi-Year Program Developing An Explicit Reflective Pedagogy For Teaching Pre-Service Teachers The Nature Of Science By Ostention, Mike U. Smith, Lawrence C. Scharmann

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This investigation delineates a multi-year action research agenda designed to develop an instructional model for teaching the nature of science (NOS) to preservice science teachers. Our past research strongly supports the use of explicit reflective instructional methods, which includes Thomas Kuhn’s notion of learning by ostention and treating science as a continuum (i.e., comparing fields of study to one another for relative placement as less to more scientific). Instruction based on conceptual change precepts, however, also exhibits promise. Thus, the investigators sought to ascertain the degree to which conceptual change took place among students (n=15) participating in the NOS instructional …

Questioning "The Work Of Art In The Age Of Mechanical Reproduction": A Stroll Around The Louvre After Reading Benjamin0, Jonathan Davis

Contemporary Aesthetics (Journal Archive)

In this article I claim that Walter Benjamin's essay "The Work of Art in the Age of Mechanical Reproduction" merits renewed critical attention. Just as Dada had confronted art with anti-art, so Benjamin hoped his essay would confront aesthetics with an anti-aesthetic. I examine Benjamin's capsule history of the aura and show it to be misleading, criticize the essay's underdeveloped ontology of painting and sketch an alternative, and draw attention to the surprising proximity of Benjamin's notion of value to that of neoliberal thought. I conclude with a critique of Benjamin's cultural politics.

Antidiscrimination Law In The European Community, Erica Szyszczak

Fordham International Law Journal

This Article examines how an economic international Treaty arrangement in 1957, which was openly and unapologetically aimed at trade liberalization, arrived at including such fundamental social constitutional values in the Treaty of Lisbon 2007. This Treaty facilitates the constitutional framework for political and economic co-operation in the newly enlarged Union of twenty-seven Member States, setting the agenda for the next fifty years of European integration. In making this journey we will not be taking a nostalgic look backwards at the achievements of the Community, but we will examine how the groundwork was laid to lead what became the Union to …

Regulation Of Civil Society In China: Necessary Changes After The Olympic Games And The Sichuan Earthquake, Karla W. Simon

Fordham International Law Journal

This Article will address the following topics with regard to the regulation of civil society in China: (1)Making the existing regulations for social organizations (shehui tuanti, “SOs”), nonprofit non-commercial entities (minban fei qiye danwe, “NCEs”),and foundations (jijin hui) more user-friendly, including making it possible for de facto networks that provide and coordinate disaster relief to be recognized, perhaps as semi-legal entities for a short period of time. The liberalization of the SO regulations should permit mutual benefit organizations to be established in order to fully implement the freedom of association guaranteed by Article 35 of the Chinese Constitution. (2) Making …

Soft Law As Delegation, Timothy Meyer

Fordham International Law Journal

This article examines one of the most important trends in international legal governance since the end of the Cold War: the rise of “soft law,” or legally non-binding instruments that are given legal effect through domestic law or internationally binding agreements such as treaties. Scholars studying the design of international agreements have long puzzled over why states use soft law. The decision to make an agreement or obligation legally binding is within the control of the states negotiating the content of the legal obligations. Basic contract theory predicts that parties to a contract would want their agreement to be as …

Filling Some Of The Gaps: The International Law Association (American Branch) Law Of The Sea Definitions Project, George K. Walker

Fordham International Law Journal

The Law of the Sea Committee (“LOS Committee” or “Committee”) of the International Law Association's American Branch (“ABILA”) will complete its project, Terms in the 1982 U.N. Convention on the Law of the Sea or in Convention Analysis that the Convention Does Not Define (“Report”), in 2009. If the U.S. Senate gives advice and consent, and President Barack Obama exchanges ratifications, the U.N. Convention on the Law of the Sea (“UNCLOS” or “Convention”) and its 1994 protocol will, belatedly in the view of many, become law for the United States, as they already are for much of the world. It …

Congress, The Supremacy Clause, And The Implementation Of Treaties, John T. Parry

Fordham International Law Journal

This Article intervenes in the self-execution debate by revisiting the early American understandings of treaty implementation in the decades before Foster. I first assess the significant materials from the founding era, some of which have never before been discussed in this context. I also critique the interpretations of other commentators who have been too quick to find support for a broad notion of self-execution in the historical materials. Although I conclude the founding generation generally assumed treaties would be law without congressional intervention, I emphasize that the ordinary story of consensus on these issues is inaccurate. Second, I analyze post-ratification …

Joseph Sweeney: Scholar, Teacher, Pillar Of The Fordham Law School Community, Roger J. Goebel

Fordham International Law Journal

This issue of the Fordham International Law Journal is dedicated to Professor Joseph Sweeney on the occasion of his seventy-fifth birthday.