Digital Commons Network^™

Right To An Attorney, Henry L. Chambers Jr.

Law Faculty Publications

The Supreme Court has identified two distinct rights to an attorney that stem from the U.S. Constitution. One is rooted in the Fifth Amendment. The other is rooted in the Sixth and Fourteenth Amendments.

St. George Tucker, William Hamilton Bryson

Law Faculty Publications

An encyclopedia entry on St. George Tucker's practice at the bar and how his distinction as a lawyer led to his appointment to the ,General Court of Virginia on January 4, 1788. On January 6, 1804, he was elevated to the Court of Appeals of Virginia.

Introductory Note To The International Court Of Justice: Request For Interpretation Of The Judgment In The Case Concerning Avena And Other Mexican Nationals, Chiara Giorgetti

Law Faculty Publications

On July 16, 2008, the International Court of Justice ("ICJ" or "the Court") issued its Order On the Request for the Indication ofProvisional Measures ("Order"),1 granting Mexico's request demanding the United States, inter alia, to take all necessary measures to ensure that certain named individuals are not executed pending the judgment on the Request for Interpretation of the Judgment of 31 March 2004 in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America)?

This is a complex and interesting decision for several reasons. First, it continues to examine the applicability and enforceability of individual rights …

The French Intrigue Of James Cole Mountflorence, Jud Campbell

Law Faculty Publications

In July 1793, less than three months after President George Washington had declared the United States impartial toward the conflict raging in Europe, French Minister Edmond-Charles-Edouard Genet tested America's incipient neutrality. With instructions from his government, Genet armed a French privateer in Philadelphia and simultaneously launched an offensive against Spanish Louisiana using disaffected American pioneers. The episode began on July 5, when Genet shared the French plans for western invasion in a private meeting with Secretary of State Thomas Jefferson. Ten days later Genet's agents departed for Kentucky to rendezvous with American Revolutionary War hero George Rogers Clark. The effort, …

Alternative State Remedies In Constitutional Torts, John F. Preis

Law Faculty Publications

In recent years, a subtle shift in constitutional tort doctrine has quietly begun to take root. In Bivens actions, the Supreme Court has recently implied that constitutional tort plaintiffs must seek relief under state law when it is available, rather than invoke their federal constitutional rights. This marks a dramatic change from past practices. For much of the twentieth century, a central premise in the constitutional tort field has been that the federal remedy is "supplementary" to the state remedy; constitutional tort plaintiffs have therefore been permitted to seek a remedy under federal law without regard to the availability of …

Development Of A High-Resolution Target Movement Monitoring System For Convergence Monitoring In Mines, Tristan H. Jones

Doctoral Dissertations

"The research performed for this dissertation has been conducted with the goal of developing a ground convergence monitor that may better meet the needs of some mines, leading to increased use of ground monitoring programs and reduced fatality rates from falling and sliding rock. The developed monitor is a convergence monitor capable of achieving sensitivities similar to those of currently available convergence meters such as tape extensometers. The monitor is inexpensive and is capable of totally remote operation in some circumstances...A physical model of the meter was developed based on experimental results and compared to a derived theoretical model to …

The Inescapable Federalism Of The Ninth Amendment, Kurt T. Lash

Law Faculty Publications

Over the past two decades, the most influential work on the Ninth Amendment has been that of libertarian scholar Randy Barnett. Over a series of articles and books, Barnett has presented the Ninth as a provision originally intended to preserve individual natural rights. Recently uncovered historical evidence, however, suggests that the Ninth originally limited federal power in order to preserve the right to local self-government. I presented this evidence in two articles published by the Texas Law Review, the first dealing with the original meaning of the Ninth Amendment, and the second dealing with a heretofore lost jurisprudence of the …

On Federalism, Freedom, And The Founders' View Of Retained Rights - A Reply To Randy Barnett, Kurt T. Lash

Law Faculty Publications

In A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review, I explain how some of the most common theories of the Ninth Amendment either have nothing to do with the actual text of the Amendment or place the text in conflict with similar terms in the Tenth Amendment. Focusing on the actual words of the Amendment, I argue that the text of the Ninth point towards a federalist rule of construction in which the people's retained rights are necessarily left to the control of the collective people in the several states. I also explain how this reading fits …

Expatriation, John Paul Jones

Law Faculty Publications

Encyclopedia article on expatriation

Procedural Due Process, John Paul Jones

Law Faculty Publications

Encyclopedia article on procedural due process.

Editorial: Nutrition Research Reviews, Katherine Younger

Articles

We are all familiar with the dietary guideline exhorting us to eat so many portions of oily fish per week in order to boost our intakes of n-3 long-chain PUFA, but it is perhaps not so widely realised that the fish must themselves be provided with dietary n-3 long-chain PUFA or, possibly, their precursors (though, as in humans, the ability of carnivorous fish to elongate and desaturate n-3 PUFA appears to be limited).

Toward A New Social Contract: A Tripartite Mixed-Methods Analysis Of Social Sustainability At Three Land-Grant Universities, Lyndsay Josephine Agans

Electronic Theses and Dissertations

Increasingly, colleges and universities in the United States are adapting toward a model of behavior that incorporates issues of sustainability. This adaptation in universities and in society has implications on the organizational and nation-state level, the very core of which may serve to reshape the social contract between the two. In addition to supplying a strong counter-hegemonic argument that alters the competitive economic agenda-setting paradigm, this study serves as a tripartite comparative case study analysis of university adaptation toward social sustainability. By employing a social capital lens to understanding social sustainability in higher education, this study seeks to examine the …

Integrating Service-Learning Into Undergraduate Students' Curricula: Recommendations For Best Practices, Neivin Mahmoud Marzouk Shalabi

Electronic Theses and Dissertations

Several recent studies have revealed that there is increasing individualism and declining interest in politics and civic engagement among college students. Accordingly, many scholars called for reinvigorating the civic mission of higher education. This thesis study examines academic service-learning as an effective pedagogy for promoting students’ civic engagement. The purpose of this thesis is to investigate the best ways of integrating service-learning into the curricula of undergraduate students. Using McCarthy’s (2003) conceptual framework, the “Concept of Triangles,” this study provides a comprehensive review of literature on the theoretical underpinnings, partners, and relationships of academic service-learning. The results of the study …

Educating For Justice: A History Of John Jay College Of Criminal Justice. [Third Edition]., Gerald Markowitz

Publications and Research

Revision of the previously updated edition Educating for justice. 2004. Includes an interview with Jeremy Travis, the fourth President of John Jay College of Criminal Justice conducted June 5, 2008.

TOC: Introduction. The making of John Jay College; 1965-1970. The era of open admissions: 1970-1976. The crisis: 1976. The development of criminal justice: 1976-1989. The student takeovers of 1989-1991. The quest for equity. John Jay comes of age. Epilogue. Index.

Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine

American Indian Law Review

No abstract provided.

Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins

American Indian Law Review

No abstract provided.

Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad

American Indian Law Review

No abstract provided.

Claims Arising: The Oneida Nation Of Wisconsin And The Indian Claims Commission, 1951-1982, Karim M. Tiro

American Indian Law Review

No abstract provided.

Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner

American Indian Law Review

No abstract provided.

Creation, Evolution, And Theology: The Role Of Method In Theological Accomodation [Review] / Fernando Canale, Ervin Taylor

Andrews University Seminary Studies (AUSS)

No abstract provided.

Deuteronomic Theology And The Significance Of Torah: A Reappraisal [Review] / Vogt, Peter T., Richard M. Davidson

Andrews University Seminary Studies (AUSS)

No abstract provided.

The End Of Memory: Remembering Rightly In A Violent World [Review] / Volf, Miroslav, Ante Jerončić

Andrews University Seminary Studies (AUSS)

No abstract provided.

Pragmatic Idealism And The Scholarship Of Mel Durchslag, William P. Marshall

Faculty Publications

No abstract provided.

Exculpatory Evidence, Ethics, And The Road To The Disbarment Of Mike Nifong: The Critical Importance Of Full Open-File Discovery, Robert P. Mosteller

Faculty Publications

No abstract provided.

Leases: Like Any Other Contract?, John V. Orth

Faculty Publications

No abstract provided.

Proposed Statement On Auditing Standards No. 114 (Redrafted): The Auditor's Communication With Those Charged With Governance; Exposure Draft (American Institute Of Certified Public Accountants), 2008, April 30, American Institute Of Certified Public Accountants. Auditing Standards Board

Exposure Drafts, Comment Letters, and Statements of Position

No abstract provided.

Auditor's Communication With Those Charged With Governance: Supplementary Material;, American Institute Of Certified Public Accountants. Auditing Standards Board

Exposure Drafts, Comment Letters, and Statements of Position

No abstract provided.

Proposed Statement On Auditing Standards: Communicating Internal Control Related Matters In An Audit; Exposure Draft (American Institute Of Certified Public Accountants), 2008, June 12, American Institute Of Certified Public Accountants. Auditing Standards Board

Exposure Drafts, Comment Letters, and Statements of Position

No abstract provided.

Proposed Statement On Standards For Attestation Engagements: An Examination Of An Entity's Internal Control Over Financial Reporting That Is Integrated With An Audit Of Its Financial Statements; Exposure Draft (American Institute Of Certified Public Accountants), 2008, June 12, American Institute Of Certified Public Accountants. Auditing Standards Board

Exposure Drafts, Comment Letters, and Statements of Position

No abstract provided.

Proposed Preface To Codification Of Statements On Auditing Standards: Principles Governing An Audit Conducted In Accordance With Generally Accepted Auditing Standards, And Proposed Statement On Auditing Standards: Overall Objectives Of The Independent Auditor And The Conduct Of An Audit In Accordance With Generally Accepted Auditing Standards; Exposure Draft (American Institute Of Certified Public Accountants), 2008, September 26, American Institute Of Certified Public Accountants. Auditing Standards Board

Exposure Drafts, Comment Letters, and Statements of Position

No abstract provided.