Digital Commons Network^™

Primer For U.S. Lawyers On European Union Government And Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein

Faculty Publications

This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …

Stress And Blood Pressure During Pregnancy: Racial Differences And Associations With Birthweight, Clayton J. Hilmert, Christine Dunkel Schetter, Tyan Parker Dominguez, Cleopatra M. Abdou, Calvin J. Hobel, Laura M. Glynn, Curt A. Sandman

Psychology Faculty Articles and Research

OBJECTIVE: To extend findings that African American women report greater stress during pregnancy, have higher blood pressure (BP), and are twice as likely to have low birthweight infants relative to white women. This study examines a) racial differences in associations between stress and BP during pregnancy, and b) the combined effects of stress and BP on infant birthweight in a sample of 170 African American and white women.

METHODS: A prospective, longitudinal study of pregnant women was conducted in which measures of BP, stress, and other relevant variables were collected. Multiple measures of systolic and diastolic BP were taken at …

Jacobus Tenbroek, Participatory Justice, And The Un Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord

Articles

No abstract provided.

The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein

Articles

This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …

Public Leadership In The Political Arena, Lori Cox Han

Political Science Faculty Books and Book Chapters

"In this chapter, I address the concept of leadership and the Important role that it now in the process at all levels and in various branches of I offer a definition of leadership and the various political that encompass this of governing. The vast scholarly literature that has developed in recent decades on the topic of presidential communications offers an excellent assessment of the contemporary importance of public leadership. I a brief overview of public strategies and how they have evolved over time (particularly in concurrence with technological advances in mass as well as relevant examples' that help us to …

Biblical Hermeneutics, Robby Waddell Dr.

Syllabus Repository

No abstract provided.

Biblical Hermeneutics, Robby Waddell Dr.

Syllabus Repository

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2006-2008), J. Rodney Johnson

Law Faculty Publications

The 2007 Session of the General Assembly enacted substantially more wills, trusts, and estates legislation than one typically expects, some of which was of a particularly significant nature, such as that (1) providing for the probate of wills not executed with the required statutory formalities; (2) preventing any future application of an unfortunate augmented estate decision of the Supreme Court of Virginia; (3) avoiding the impact of federal Employee Retirement Income Security Act of 1974 ("ERISA") preemption in certain insurance revocation and slayer statute cases; and (4) mandating notice to the public when modification or termination of a charitable trust, …

Civil Rights Act Of 1964, Henry L. Chambers Jr.

Law Faculty Publications

The Civil Rights Act of 1964 (42 U.S. C.A.) (the 19 Act) likely has had the greatest transformative effect on American society of any single law. By prohibiting discrimination based on race, color, sex, religion, a national origin in places of public accommodation, in federally assisted programs, in employment, in schools and with respect to voting rights, this massive law has had profound effects on almost every facet of American society.

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.

Horizontal Federalism, Allan Erbsen

Articles

This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states. Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring the fact that individual states often cannot concurrently exercise their powers without infringing the other states' autonomy, frustrating the others' legitimate interests, or burdening the others' citizens. Preserving interstate harmony and protecting citizens from excessive burdens therefore requires limits on how states may wield their …

Electrical Imaging Hydro Chemical And Isotope Investigation Of Mubazarah Area In Uae (Al-Ain), Faris Mirghani Mahgoub

Theses

No abstract provided.

The Timber Sale Contract, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Emergency Contraception, Catholic Hospitals, And Rape, Valerie Violi-Satkoske

Electronic Theses and Dissertations

The Roman Catholic Church teaches that a woman is permitted to protect herself from becoming pregnant due to rape. However, scientific uncertainties with regard to emergency contraception's mechanisms of action and the inability to detect pregnancy prior to implantation have led many Catholic healthcare facilities to limit a rape victims access to emergency contraception (EC), due to what the Church construes to be EC's potentially abortifacient properties. While the science is uncertain, the withholding of EC by Catholic healthcare facilities treats the science as settled, true, or certain and may be experienced as oppressive by rape victims. The Catholic Church …

Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment, Nuno Garoupa, Frank H. Stephen

Faculty Scholarship

The myth of American exceptionalism in the matter of plea-bargaining is certainly by now quite untrue. In addition to forming an important part of criminal procedure in the United Kingdom, plea-bargaining has been transplanted to several civil law countries such as France and Italy. Informal versions, based on non-trial settlement, have been observed in Germany, Belgium, the Netherlands, and around the world. The Law and Economics literature on plea-bargaining views it as an efficient instrument of criminal procedure because it reduces enforcement costs (for both parties) and allows the prosecutor to concentrate on more meritorious cases. Yet the success of …

The Market For Legal Innovation: Law And Economics In Europe And The United States, Nuno Garoupa, Thomas S. Ulen

Faculty Scholarship

There have been a large number of innovations in legal scholarship in the U.S. legal academy over the past twenty-five or so years and very few from legal scholars in other parts of the world. For instance, because both of us work in the area of law and economics, we are both acutely aware of the large differences in the receptivity to law and economics as between the United States and Europe. The U.S. legal academy has generously embraced law and economics (and some other legal innovations), while Europe (and the rest of the world) has not. Why has the …

Patent Judicial Wisdom, Srividhya Ragavan

Faculty Scholarship

This paper discusses the role of the Indian Judiciary vis-A-vis the patent regime, but carefully avoids creating an exhaustive wish list. Instead, this paper uses illustrations from the United States to draw valuable lessons. Importantly, the paper does not advocate that the Indian Judiciary emulate the United States judiciary. In fact, conventional wisdom dictates that copying the policies or precedents of the West does not always work in developing countries given the stark differences in ground realities like poverty, investments, infrastructure, and other such indicators. Instead, the judicial wisdom that characterizes each of the illustrations sets the common thread for …

The Scope Of Criminal Law And Criminal Sanctions: An Economic View And Policy Implications, Roger Bowles, Michael Faure, Nuno Garoupa

Faculty Scholarship

This paper considers why some harm-generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and--more broadly--why certain specific behaviours are criminalized. The paper argues that an economic approach emphasizing the relative merits of alternative legal instruments for bringing about harm reduction can provide an explanation for a number of …

Search For Gravitational Waves From Binary Inspirals In S3 And S4 Ligo Data, B. P. Abbott, R. Abbott, Mario C. Diaz, R. Grosso, Soumya Mohanty, Soma Mukherjee, Cristina V. Torres

Physics & Astronomy Faculty Publications

We report on a search for gravitational waves from the coalescence of compact binaries during the third and fourth LIGO science runs. The search focused on gravitational waves generated during the inspiral phase of the binary evolution. In our analysis, we considered three categories of compact binary systems, ordered by mass: (i) primordial black hole binaries with masses in the range 0.35M⊙

Bootleggers, Baptists &(And) Televangelists: Regulating Tobacco By Litigation, Bruce Yandle, Joseph A. Rotondi, Andrew P. Morriss, Andrew Dorchak

Faculty Scholarship

The bootleggers and Baptists public choice theory of regulation explains how durable regulatory bargains can arise from the tacit collaboration of a public-interest-minded interest group (the Baptists) with an economic interest (the bootleggers). Using the history of tobacco regulation, this Article extends the bootleggers and Baptists theory of regulation to incorporate the role of policy entrepreneurs like the state attorneys general and private trial lawyers who joined forces to regulate tobacco by litigation. We denominate these actors televangelists and demonstrate that they play a pernicious role in regulation.

The Article begins by showing how tobacco regulation through the 1980s fit …