Digital Commons Network^™

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 …

Consumers’ Mental Health Recovery In A Psychiatric Outreach Program: A Process And Outcome Evaluation, Phillip Chan

Theses and Dissertations (Comprehensive)

This study was a process and outcome evaluation of a relatively innovative Canadian psychiatric outreach program that was multi-disciplinary, shared-care, community-based, consumer-directed, and self-determination oriented. Using structured interviews with participants (n=32), both quantitative and qualitative approaches were employed. The quantiative process measures included a demographic survey, a frequency of service utilization and satisfaction survey, and a shortened version of the Recovery Oriented System Indicator (ROSI) instrument. These measures revealed that the program was serving the target population; the conumsers utilized the services frequently and they were satisfied with the program; and, in the eyes of consumers, the program …

How The Formal Education System In Kenya Is Changing The Culture Of The Maasai Community, Jennifer Coles

Theses and Dissertations (Comprehensive)

Colonialism brough Africa into the sphere of European dominance and laid the ground work for the adoption of neoliberal globalization. This has affected change for the Maasai of southern Kenya who had attempted to remain isolated for much of the 19th and 20th centuries. However, such cultural isolation has been disrupted by global tourism and the desire of western citizens to view and participate in ‘authentic’ experiences in unique Maasai environments; thus creating a global desire to visit the Maasai Mara National Reserve (MMNR). The MMNR is part of Maasailand and has exposed many in the surrounding communities to new …

Living Out: A Study Exploring The Experience Of Live Out Assistants In L’Arche, Jennifer Christine Elkins

Theses and Dissertations (Comprehensive)

The purpose of this research project was to qualitatively explore the experiences of live-out assistants in two L’Arche communities in order to better understand what these staff members perceived to be the benefits and challenges of community life in L’Arche. Live-out assistants support individuals with developmental disabilities in L’Arche communities, but do not live in a L’Arche home. This study incorporates theories related to the role of core values in uniting intentional communities and organizational change. Intentional communities face an ongoing challenge of adapting to internal and external changes, while retaining core values and a common purpose. An empowerment approach …

Evaluating Community Participation In Health Care Decision-Making: The Case Of The Airdie/North Rocky View Health Needs Project, Aleisha Dawn Harrington

Theses and Dissertations (Comprehensive)

Rising health care costs combined with limited health resources have made it essential for health agencies around the world to identify successful and affordable ways to prevent disease and promote health. Several national and international documents have proposed that increased community participation in health matters is one potential approach. While many of these reports detail the benefits of and need for community participation in health care decision-making, they provide little information as to how this should be achieved. The result has been a myriad of interpretations, interventions and practices of community participation. According to several scholars, evaluations are needed that …

Web Search Algorithms And Pagerank, Laleh Samarbakhsh

Theses and Dissertations (Comprehensive)

The mathematical theory underlying the Google search engine is the PageRank algorithm, first introduced by Sergey Brin and Lawrence Page, the founders of Google. A ranking of web pages is made considering many criteria. PageRank exploits the graph structure of the web. The web’s hyperlink structure forms a massive directed graph, where the web pages are presented as nodes and hyperlinks as edges. The PageRank equation finds a score by solving a recursive equation which calculates the PageRank vector. The PageRank vector is the stationary distribution of an ergodic Markov chain. The Perron-Frobenius theorem ensures that the primitive matrix produced …

Preaching As Spirit-Directed Witness, Klaus Sonnenberg

Theses and Dissertations (Comprehensive)

This study seeks to address two specific areas that have been comparatively neglected in modern homiletical writings. Firstly, there has been a reticence to view preaching as witness—which has resulted in what one perceptive homiletician has called “a testimonial vacuum” in much of the preaching that is done in the mainstream churches of the west; and secondly, there has been a scarcity of emphasis on the role of the Holy Spirit in theological writing, including in the crucial area of preaching. Happily, this is beginning to change: there is more and more material being written now in the area of …

What Can We Learn About White Privilege And Racism From The Experiences Of White Mothers Parenting Biracial Children?, Shannon Cushing

Theses and Dissertations (Comprehensive)

Despite progress in the movement toward anti-racism, racism remains a problem in Canada. While the presence of racism and the problem of racism are recognized by Canadian society, there is still a long way to go before racism and white privilege are eliminated. In the present study, I apply Community Psychology values to the examination of an as-yet relatively unexamined minority population: white mothers of biracial children. Guided by epistemological views that place my research within the critical and social constructivist research paradigms, I explore my research question, “How can the experiences of white mothers parenting biracial children inform us …

Opportunity, Tools And Support: Ngo Engagement In The Security And Disarmament Field, Sarah Estabrooks

Theses and Dissertations (Comprehensive)

NGOs have been consistently excluded from multilateral proceedings in the security and disarmament sector where states are concerned about their national security interests. And yet, they have found avenues to participate in the multilateral process through the negotiation of treaties, provision of expert research and testimony, systematic monitoring of state compliance, documentation of UN proceedings, and even as members of government delegations. This paper explores the conditions that enable NGOs to engage directly in the state-centric system of the United Nations, addressing political opportunity, enabling resources, and institutional support. I explore how NGOs contribute to international politics, using a constructivist …

Challenges Of Volunteerism Within A Cultural Community: Case Study Of Young Hmong Adults In Kitchener-Waterloo, Melanie Heu

Theses and Dissertations (Comprehensive)

Volunteering is an act of civic participation where members of a community engage in a social process of performing activities to assist in achieving a certain goal. This study looks at volunteerism in the context of a cultural voluntary organization within the Hmong community in Southern Ontario. The study presents findings of a case study conducted with young Hmong adult members about their perspectives of volunteering within a non-profit organization, which incorporates three generations of members. The study reveals intergenerational and cross-cultural challenges and discusses how these challenges impact the volunteer experiences of the participants. The study advances our knowledge …

The Application Of Environmental Impact Assessment Legislation To The 2010 Winter Olympic Games Venue And Infastructure Development, Daniel Melbourne Patterson Kellar

Theses and Dissertations (Comprehensive)

Environmental impact assessment (EIA) is a tool which aims to make developments better by identifying, avoiding, and mitigating potential negative environmental impacts of projects and other action. With the 2010 Winter Olympic Games being held in the Vancouver to Whistler (sea-to-sky) corridor many developments have been initiated and EIA has played a role in 2010 site construction. Using case study analysis, legislative and literature reviews as well as open-ended interviews with key participants, stakeholders, and partners in the environmental impact assessment process, this study investigated the application of Canada’s and British Columbia’s environmental impact assessment legislations to the 2010 Olympic …

Multi-Method Assessment Of Newcomer Settlement Experiences In Kitchener-Waterloo, Qaseem Ludin

Theses and Dissertations (Comprehensive)

Every day hundreds of newcomers begin a new life in Canada. Some are refugees fleeing persecution, others come to join family, and yet others (mostly the economic and independent categories) are seeking to make a better life for themselves. In all, since 2000 around 250,000 people have settled in Canada each year. Their backgrounds and personal histories may be widely different and each one’s experience on arrival is unique. The communities across Canada into which they integrate differ too in their character and in the manner in which they receive newcomers. For many new Canadians, there are, nevertheless, certain shared …

In Search Of The Political Economy Of Oppression And Liberation: Towards Structural Validity For Community Psychology, Sune Sandbeck

Theses and Dissertations (Comprehensive)

Advocating for liberation from oppression through critical research and praxis has become a central concern among community psychologists. In this dissertation, I argue that while community psychology (CP) has had some success in integrating multidisciplinary knowledge, its understanding of oppression and liberation continues to be characterized by an avoidance of economic considerations. I posit the concept of structural validity as being necessary to re-focus our research and praxis on the economic structure of oppression. Within the current global context of systemic inequality, this economic structure is being ideologically driven by the doctrine and discourse of neoliberalism, which has important implications …

Critical Approaches To Clinical Social Work Practice: Considerations From Contemporary Relational Psychoanalytic Theory, Christopher Trevelyan

Theses and Dissertations (Comprehensive)

Critical social workers now contend that an individual’s everyday living both shapes and is shaped by overarching social structures and discourses. As such, the subjectivity of the individual is considered an axis on which the existing social order can be either perpetuated or transformed. Transformations on the level of the individual are therefore argued to contribute to transformations on the levels of larger societal arrangements. For this reason, many critical social work theorists today argue that clinical social work practice with individuals is an essential component of effecting egalitarian forms of social change. Yet, critical social workers also widely acknowledge …

Assignment Of Meaning In The Male Breast Cancer Experience: A Phenomenological Study, Marlys Joy Bohn

Theses and Dissertations

The purpose of this phenomenological study was to gain an understanding of the lived experience of being a male diagnosed with breast cancer. With almost 200,000 cases of breast cancer diagnosed annually in the United States, a fact often overlooked is that approximately one percent of the newly-diagnosed patients are male. Because of their small numbers, however, very little is known about how males are affected by a diagnosis of breast cancer. In order to provide holistic nursing care to affected men and their families, it is important that nurses have an understanding of the male experience with breast cancer. …