Digital Commons Network^™

Supreme Court Law Clerks' Recollections Of October Term 1951, Including The Steel Seizure Cases, Charles C. Hileman, Abner J. Mikva, James C.N. Paul, Neal P. Rutledge, Marshall L. Small, William H. Rehnquist, Gregory L. Peterson, John Q. Barrett, Ken Gormley

St. John's Law Review

No abstract provided.

Juvenile Crime And Criminal Justice: Resolving Border Disputes, Jeffrey Fagan

Faculty Scholarship

Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal architecture of the new boundary-drawing regime and how effective it has been in reducing crime.

The juvenile court, Fagan emphasizes, has always had the power to transfer juveniles to the criminal court. Transfer decisions were made individually by judges who weighed the compet­ing interests of public safety and …

Remarks Of Gillian E. Metzger, Gillian E. Metzger

Faculty Scholarship

Thanks for having me, I'm glad to be here. I'm going to take for granted the principle that candor and transparency in judicial reasoning is a very good thing. The process of judicial decision making is a process of giving reasoned explanations, of holding up reasons and arguments for refutation. Whether adjudication turns mainly on such reason giving or instead on judicial policy preferences is of course a matter of some dispute, but I think it is relatively noncontentious to say that reason giving is both an important constituent of, and an important constraint on, the process of adjudication – …

Downward Residential Mobility In Structural-Cultural Context: The Case Of Disadvantaged Black Mothers, Katrina Bell Mcdonald, Bedelia N. Richards

Sociology and Anthropology Faculty Publications

Sorting out the various macro and micro causes of Black mothers’ downward residential mobility is extremely difficult, though past research has been fairly successful in identifying and explaining the mechanisms by which structural factors constrain Black residential change. The socio-historical context in which Black mothers operate, however, is largely ignored in these studies. We argue that past scholarship on Black women’s social history offers some helpful insights into the “residential desires and decision making” related to Black women’s social location. This paper pinpoints instances of downward residential mobility among a sample of disadvantaged Black mothers and works to elucidate both …

Biological Networks: Modeling And Structural Analysis, Emad Y. Ramadan

Computer Science Theses & Dissertations

Biological networks are receiving increased attention due to their importance in understanding life at the cellular level. There exist many different kinds of biological networks, and different models have been proposed for them. In this dissertation we focus on suitable network models for representing experimental data on protein interaction networks and protein complex networks (protein complexes are groups of proteins that associate to accomplish some function in the cell), and to design algorithms for exploring such networks. Our goal is to enable biologists to identify the general principles that govern the organization of protein-protein interaction networks and protein complex networks. …

On The Guise Of The Good, Joseph Raz

Faculty Scholarship

I will provisionally take the Guise of the Good thesis to consist of three propositions: (1) Intentional actions are actions performed for reasons, as those are seen by the agents. (2) Specifying the intention which makes an action intentional identifies central features of the reason(s) for which the action is performed. (3) Reasons for action are such reasons by being facts which establish that the action has some value. From these it is said to follow that (4) Intentional actions are actions taken in, and because of, a belief that there is some good in them. I will examine reasons …

The Patriot, V. 04, N. 03, Stony Brook University. Patriot.

The Patriot

v.: ill.; 32 cm (original analog pub.)

The Ethics Of Intercultural Approaches To Indigenous Studies: Conjoining Natives And Palestinians In Context, Steven Salaita

Faculty Journal Articles

Salaita argues that the project of Indigenous Studies is inherently comparative, citing numerous examples of productive intercultural scholarship, he explores historical, cultural, and politicalrelationships among Native North Americans and Palestinian Arabs to illuminate some of the ways that comparison offers the potential for new directions in both scholarly and activist communities. He contextualizes this analysis with a broader discussion of the ethics of scholarship in Indigenous Studies, paying special attention to the relationship of nationalistic commitment to intercultural methodologies.

Pandemic Preparedness Among Sudanese Migrants In Greater Cairo, Yasmine Ahmed, Rebecca Dibb

Faculty Journal Articles

This study looked at the perceptions and vulnerabilities of Sudanese migrants to an influenza pandemic in Egypt. Migrants’ limited access to health and non-health public services in Egypt and the absence of a specific migrants’ component in the Egyptian National Pandemic Preparedness Plan provide indication of the vulnerability of migrants, both in terms of prevention and actual protection during a pandemic. This research project, commissioned by the International Organization for Migration (IOM) and conducted by the Centre for Migration and Refugee Studies (CMRS) at the American University in Cairo, aimed to provide a situational analysis of pandemic preparedness among the …

Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod

University of Richmond Law Review

I propose to discuss Garcetti's First Amendment reasoning as well as the implications of the § 1983' setting in which Garcetti and other public employee free speech cases typically arise. After briefly setting out the Court's opinion and the three dissenting opinions, I begin by addressing the pros and cons of Garcetti, and in the course of so doing, I discuss the prior Pickering-Connick landscape that Garcetti so significantly altered. I consider the deeper First Amendment implications of Garcetti, including itsuse of categorical balancing to create an absolute immunity fromFirst Amendment liability for employer discipline based on job-required public employee …

Reflections On Arizona’S Judicial Selection Process, Ronnell Andersen Jones, Sandra Day O'Connor

Faculty Scholarship

No abstract provided.

Писатели О Языке: Contemporary Russian Writers On The Language Question, Ingunn Lunde

Russian Language Journal

Post-perestroika Russian society exhibits a pronounced concern with the language question. Linguistic issues are discussed at all levels of society, and a great many people engage in these debates: politicians, philologists, teachers, journalists, writers, students, bloggers, and others. Newspapers and journals feature columns or article series devoted to language; conferences discuss “the state of the Russian language”; the state sponsors a large number of radio and television programmes on language and language culture; various centres and institutions offer programmes promoting linguistic cultivation; there are information services on linguistic questions on the Internet; many blogs deal with the language question.

«Ручкой Скрип-Скрип, Клавиатуркой Тюк-Тюк, Головёнкой Дум-Дум». О Влиянии Современных Письменных И Коммуникационных Технологий На Русскую Поэзию, Энрика Шмидт

Russian Language Journal

«Что специфически нового внес Интернет в литературу?» – спрашивает поэт Александр Левин (б.д.) в рамках дискуссий, посвященных существованию некоей предполагаемой «сетературы». И сам сразу же дает отрицательный ответ, исключая возможность такого влияния и тем более специфически сетевой эстетики: «Способ написания остался прежним: ручкой скрип-скрип, клавиатуркой тюк-тюк, головёнкой дум- дум» (там же). При этом весьма симптоматично, что процесс написания, который по мнению автора не влияет на литературное творчество, им самым описывается как раз посредством ономатопоэтических характеристик, непосредственно вызывающих ощущение материальности письма (скрип ручки на бумаге, стук пальцев на клавиатуре).

The Poetics Of Paraphrase: The Positivist Postmodernism In Mikhail Gasparov’S “Experimental Translations”, Heinrich Kirschbaum

Russian Language Journal

Two years before his death, Mikhail Gasparov (1935-2005) published his “Ėksperimental’nye perevody” (2003, “Experimental Translations,” or ETs), an anthology of translated works by authors from different time periods and literary traditions. The ETs are experimental in many ways: in some of his condensed translations, Gasparov shortens the originals drastically, in some cases by 80 percent. However, the ETs are not only experimental due to Gasparov’s new “technique of translation,” but also thanks to the choice of the originals to be translated. In addition to Hölderlin and Kavafis, Gasparov translates Pushkin and Lermontov from Russian to Russian, shortening and paraphrasing them …

On The Satirical Counter-Discourse Of Processed Cheese, Lara Ryazanova-Clarke

Russian Language Journal

The post-Soviet period presents an illuminating picture of competition taking place between different public discourses for meaning construction and articulation. It has been observed that after an initial period when the public narrative of the nation experienced fragmentation, and, using Pierre Bourdieu’s term, went through a period of heterodoxy during the last decade―roughly corresponding with the presidency of Vladimir Putin―it has displayed the growing characteristics of orthodoxy, with its centrally produced “common sense” meanings and assumptions.

«Не Трожь Молодежь!»: A Portrait Of Urban Youthspeak And The Russian Language In The 21st Century, Thomas J. Garza

Russian Language Journal

As the reality of a shattered Soviet empire began to enter the collective Russian consciousness in the early 1990s, the effects of a multiplicity of previously forbidden global influences began to emerge in virtually every arena of the new post-Soviet society, including within the Russian language itself. From mass media to commerce to politics, the language began to show the effects of the assimilation of previously unfamiliar lexicon and situational usage, as well as of the introduction of non-Russian neologisms in substantial numbers.

To The Age Of Social Revolution: As Papal Rejoinder, ‘The Apocalypse Is Not Now’, William J. Wagner

Scholarly Articles

This article concludes ultimately that, as he revivifies political Augustinianism, the Holy Father makes two original contributions. He draws on ideas foreign to Augustine, but familiar, respectively, within ancient and modern idealist political philosophy, to secure a basis for endorsing the agenda of the Activist State Augustine would have been compelled to reject. He adopts, as well, the modern construct of Constitutionalism, also unknown to Augustine, to fashion what, ultimately, is not so much a political or moral philosophy, but a philosophy of law devised to animate a particular vision of Church-State relations. In its concluding section, the article calls …

Assessing Interest Groups: A Playing Field Approach, Paul Stancil

Faculty Scholarship

Despite general public antipathy toward the political influence exerted by corporations, industries, and other special interests, prescriptive applications of interest group theory have not gained much traction. This is primarily a function of previous commentators' inability to solve two difficult and related problems: (1) development of a consensus normative framework in which to apply interest group theory; and (2) development of a meaningful, objective, and workable approach to measuring interest group dynamics in the real world. The article offers solutions to both.

The article first proposes workably competitive pluralism as a norm to which the regulatory process should aspire in …

The Lord And Giver Of Life: The Person And Work Of The Holy Spirit In The Trinitarian Theology Of Colin E Gunton, Michael D. Stringer

Theses

Colin Gunton was one of the leading figures in a late twentieth century movement which sought to rejuvenate interest in systematic and trinitarian theology. Gunton’s theology was heavily influenced by the trinitarian thought of Karl Barth. As his thought matured, however, he was increasingly drawn to resources found in Irenaeus and the Cappadocian Fathers. Drawing from these patristic sources, Gunton sought to develop a trinitarian theology formulated upon personal and relational categories of thought as a corrective to the over-emphasis upon substantialist conceptuality in the Western tradition. He held that a doctrine of God that desires to remain consistent with …

Liberation At The Crossroads: Where Divinity And Humanity Embrace, Gregory J. Watson

Theses

This dissertation critically examines the concerns of the Congregation for the Doctrine of the Faith in relation to the methodological presuppositions in the works of Jon Sobrino, SJ. In the context of the poor of El Salvador, Sobrino formulates his Christology through the Jesus of history who preached the liberating praxis of the kingdom of God. By focusing on a low Christology, Sobrino intends to correct that high Christology, often favoured in comfortable places, that tends to ignore the truly historical and kenotic aspects of the mystery of the Incarnation. The study highlights the view that all theology is contextual …

Too White To Be Regarded As Aborigines: An Historical Analysis Of Policies For The Protection Of Aborigines And The Assimilation Of Aborigines Of Mixed Descent, And The Role Of Chief Protectors Of Aborigines In The Formulation And Implementation Of Those Policies, In Western Australia From 1898 To 1940, Derrick Tomlinson

Theses

For much of the nineteenth and the first half of the twentieth centuries, public policies for Western Australia’s Indigenous peoples were guided by beliefs that they were remnants of a race in terminal decline and that a public duty existed to protect and preserve them. If their extinction was unavoidable, the public duty was to ease their passing. The Aborigines Act 1905 vested the Chief Protector of Aborigines (after 1936 the Commissioner for Native Affairs), with lawful responsibility for the pursuit of that duty. All Aborigines caught by the terms of the Act, in particular Aboriginal children under the age …

Implementing A Forensic Educational Package For Registered Nurses In Two Emergency Departments In Western Australia, Christine M. Michel

Theses

The results of violence are a major public health problem that infiltrates hospital emergency departments (ED) daily. Often, ED nurses are the first healthcare professionals to see patients, speak with family members, handle personal property and collect laboratory specimens. Such actions can be of extreme importance to the 27 different categories of forensic patients. To adequately address forensic patient issues, ED nurses need exposure to forensic education. The aim of this research was to develop and evaluate the effectiveness of a clinical forensic education package on ED nurses’ perceptions, knowledge and care of forensic patients. To accomplish this aim, this …

The Progress Of Women Lawyers At Big Firms: Steadied Or Simply Studied?, Judith S. Kaye, Anne C. Reddy

Fordham Law Review

In the twenty years since now-Chief Judge Judith S. Kaye published her essay on women lawyers in big firms, interest in the subject has mushroomed, as the profession continues to grapple with issues of gender equity. This update reflects voluminous new literature and looks behind the statistics to find fresh efforts and pathways to solutions that can benefit women as well as the profession generally.

Turf Wars: Street Gangs And The Outer Limits Of Rico's "Affecting Commerce" Requirement, Frank D'Angelo

Fordham Law Review

In response to the increasingly vast economic impact of organized crime, Congress in 1970 enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) to provide federal prosecutors additional tools to combat such crime. RICO requires that enterprises whose members are charged with violating the Act must “affect interstate commerce.” Courts have held that RICO may be applied to enterprises with no economic motivation so long as they minimally affect interstate commerce. However, given the Act's economic history and interstate commerce element, its application to noneconomic intrastate enterprises presents a special problem. This Note argues that, consistent with relevant Commerce Clause …

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger A. Fairfax, Jr.

Fordham Law Review

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees--the Sixth Amendment right to jury trial being no exception. However, while a trade-off between important process values and the Constitution's protection of individual rights is inherent in the …

Rule 26(A)(2)(B) Of The Federal Rules Of Civil Procedure: In The Interest Of Full Disclosure, Katherine A. Rocco

Fordham Law Review

This Note examines the varying interpretations of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, an issue currently dividing the nation's circuit courts of appeal and district courts. Interpreting the Rule for its plain meaning yields an exemption for expert witnesses who are either treating physicians or employees of a party in the case. While some courts have followed this textualist approach, more have opted for a broader interpretation, imposing the expert report requirements of Rule 26 on employee experts and treating physicians under certain circumstances. In keeping with the spirit of the Rules, courts should interpret the Rule …

Perceived Barriers To Organizational Creativity: A Cross-Cultural Study Of British And Egyptian Future Marketing Managers, Aa El-Masry, M Mostafa

Plymouth Business School

Purpose – The overall purpose of this research is to further the understanding of how future marketing managers in Egypt and the UK perceive creativity barriers. The paper also examines the construct validity of the barriers to creativity scale in an Arab non-Western context. Design/methodology/approach – A sample of 125 respondents was used to achieve the research purpose. Respondents completed a 17-item instrument designed to assess barriers to creativity in business organizations. Findings – Discriminant analysis results showed that Egyptians differ from British with respect to their attitudes towards organizational creativity barriers. t-test procedure confirmed also that gender and age …

Biological Control Of Fusarium Oxysporum Wilt Disease Of Tomato By Antagonistic And Plant Growth Promoting Actinomycetes, Nada Mohammed Ibrahim Al-Shugairan

Theses

Soil-borne fungal plant pathogens cause some of the most widespread and serious plant diseases. Root diseases caused by these pathogens such as wilt, root rot, collar rot, foot rot, seedling pre- and post-emergence damping-off are the foremost of problems which are gaining importance from day to day in the world and for which no direct control measures have been evolved so far. Fusarium spp. is a widespread soil-borne plant pathogen and is the causal agents of wilt disease of many economically important crops. Fusarium spp. is a limiting factor in the plant productivity in most agricultural soils. Wilt disease of …

Effect Of Oilfield Brine On Groundwater Quality In Marmul Area, Sultanate Of Oman, Salim Ahmed Sakroon

Theses

During a period of 28 years, more than 96 million m³ of oilfield produced water was re-injected in the shallow aquifer at Marmul oilfield area, and changed groundwater characteristics. The 10 wells of Shallow Water Disposal (SWD) have been used to inject water in shallow groundwater aquifers of Dammam and Rus formations. The disposal of oilfield produced water to shallow aquifer has been continuing since 1980, with approximately 96 Mm³ of produced water having been disposed and an estimation of approximately 9600 m³ oil has been disposed of in this case until the beginning of 2008.

The …

The Application Of Lc-Ms Technologies For The Detection Of Triazine Herbicides In Water, Michael Cahill

Theses

The triazine herbicides, including, simazine (6-chloro-N,N’-diethyl-1,3,5-triazine-2,4- diamine), atrazine (2-chloro-4-ethylamino-6-isopropylamino-l,3,5-triazine) and cyanazine were developed as selective weed killers. Their design function is to disrupt the photosynthesis of broad-leafed plants. In the intensive production of grasses (e.g. wheat, cereals, etc.) broad-leafed plants growing in the grass production area are economically costly, competitors with the grasses for nutrients; their removal is facilitated by triazines herbicides and simazine and atrazine are the predominant compounds used. Significant amounts of triazine herbicides are consumed by the agricultural industry each year. However, due to the indiscriminate use of pesticides/herbicides, traces of herbicides have been found in run-off …