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Nuremberg’S Legacy Continues: The Nuremberg Trials’ Influence On Human Rights Litigation In U.S. Courts, Gwynne Skinner

Faculty Articles

This article traces the Nuremberg trials' influence on human rights litigation in the United States under the Alien Tort Statute, especially in the area of corporate complicity, and argues that the use of the Nuremberg trials as precedent in modern domestic human rights litigation is appropriate.

Environmental Justice In The Tribal Context: A Madness To Epa's Method, Catherine O’Neill

Faculty Articles

Many American Indian tribes and their members are among those most burdened by mercury contamination. When the Environmental Protection Agency (EPA) set out to regulate mercury emissions from coal-fired utilities, it was aware that mercury contamination and regulation affects tribal rights and resources. EPA's inquiry, therefore ought to have been differently framed, given tribes' unique legal and political status. Specifically, EPA ought to have confronted squarely the impact of its decision on tribes' fishing rights, rather than consider these rights as a mere afterthought. EPA 's process, too, should have been differently conducted EPA should have consulted with tribes from …

The Enforceability Of Default Interest In Real Estate Mortgages, Steven W. Bender

Faculty Articles

This article examines the use of default interest rate provisions in real estate mortgage loan transactions and the varying ways courts assess the enforceability of such provisions. The authors argue that these provisions are important to lenders, ensuring that they are able to recover the transaction costs and risks associated with defaulting borrowers. The article asserts that, due to the importance of these provisions to lenders' financial stability, courts should apply the unconscionability standard with a deference to freedom of contract principles before refusing to enforce default interest rate provisions. The authors also outline guidelines lenders should follow in both …

The Celotex Initial Burden Standard And An Opportunity To “Revivify” Rule 56, Brooke Coleman

Faculty Articles

This article provides a pragmatic review of the summary judgment process and offers a new methodological approach to critiquing the Federal Rules of Civil Procedure. Using qualitative empirical methods to focus on the defendant's initial burden standard under the watershed case Celotex v. Catrett, the article calls on two new sets of data - a broad survey of published and unpublished district and appellate court opinions and a focused survey of district court cases from a single federal district court - to evaluate the critical responses to the case. The article finds that those who criticize the Celotex initial burden …

The Challenges Of Representing Detained Non-Citizens In Expedited Removal Proceedings From The Perspective Of The Dickinson School Of Law Immigration Clinic, Won Kidane

Faculty Articles

Persons deprived of their liberties as a result of administrative detention for immigration reasons face a multitude of serious challenges. There is currently no recognized right to the government-appointed representation in immigration proceedings. As a result, on a very small percentage of immigrants obtain pro bono or any other kind of legal representation. This problem is compounded by the fact that most immigration detainees are detained in remote rural areas where the private bar is virtually unavailable. Those who are fortunate to obtain pro bono or other types of legal representation also face some serious challenges at the different stages …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2007 the Eleventh Circuit interpreted the United States Supreme Court’s decision in Rapanos v. United States, regarding the federal government’s jurisdiction over waters under the Clean Water Act (“CWA”), and held that in order for federal jurisdiction to exist over a water that is not navigable in fact, the water must have a “significant nexus” with a water that is navigable in fact. Also under the CWA, the court partially reversed a granting of summary judgment to the Florida Department of Environmental Protection, holding that the department had improperly excluded some types of evidence in approving Florida’s 2002 …

Making The Law: Unpublication In The District Courts, Hillel Y. Levin

Scholarly Works

In recent years, one particular area of focus for legal scholars concerned about the increasing privatization and opacity of courts has been the issue of systematic unpublication of judicial opinions by the appellate courts. Judges have issued dueling opinions on the constitutionality of the practice and traded polemics on its appropriateness. Practitioners – whose voices often seem lost (or at least muted) on issues like this – are in the thick of the debate. No longer merely academic, this debate has even spawned a change in the rules of appellate procedure (one that amusingly pulled off the difficult feat of …

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, Peter A. Appel, T. Rick Irvin, Julie M. Mcentire, J. Chris Rabon

Scholarly Works

This Article posits that in response to adoption of Kyoto Protocol targets by governments and multi-national corporations overseas that comprise significant portions of the global economy as well as global financial markets, businesses and state and local governments in the U.S. are also being driven by necessity to undertake sustainable commerce initiatives. Businesses in the EU and other Kyoto-compliant regions that have implemented sustainable commerce programs now require overseas vendors and suppliers-including those in the U.S.-to implement their own sustainable commerce initiatives as a condition of approved supplier status. New EU environmental regulations developed in part to meet Kyoto-specified emissions …

Race-Conscious Student Assignment Plans After Parents Involved: Bringing State Action Principles To Bear On The De Jure/De Facto Distinction, Michael Wells

Scholarly Works

In Parents Involved in Community Schools v. Seattle School District No. 1, a sharply divided Supreme Court struck down two race-conscious school assignment plans aimed at achieving greater racial integration of the public schools. Taking Parents Involved as a starting point, this Article looks ahead to the future of litigation over student assignment plans. By striking down the Seattle and Louisville plans, the decision may "require hundreds of school districts to rethink race-based policies that they use voluntarily to desegregate schools." At the very least, the 5-4 ruling almost certainly did not put an end to race-conscious integration plans or …

"I'M Sorry, I Can't Answer That": Supreme Court Confirmations, Judicial Independence, And Positive Legal Scholarship, Lori A. Ringhand

Scholarly Works

The United States Constitution grants to the Senate the duty to provide its “advice and consent” to the appointment of Supreme Court Justices. Just how senators should exercise that duty, however, is deeply contested. Much of the dispute about the Senate's role involves the appropriate scope of questions the senators should ask, and what nominees should be expected to answer, at the confirmation hearing held by the Senate Judiciary Committee. Opponents of vigorous senatorial questioning argue that such questioning infringes on the independence of the judiciary; proponents argue that the nominees' failure to answer probing questions hinders the Senate's constitutional …

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 …

Public Health Law For A Brave New World; Book Review: Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, Elizabeth Weeks Leonard

Scholarly Works

This is book review of Lawrence O. Gostin's new edition of Public Health Law: Power, Duty, Restraint (University of California Press, Berkeley, California, 2d ed., 2008). A review of a second edition of a book may be somewhat unusual as subsequent editions of already published works typically do not break new ground. But this book is different. Gostin's first edition, published in 2000, established and defined the modern field of public health law. The revised and expanded second edition emerges in the post-9/11, post-Katrina, post-Bush world. Gostin now seeks to apply public health paradigms to social problems beyond the field's …

Demography And Genetic Diversity Of The Mexican Black Iguana Ctenosaura Pectinata, Victor Aguirre-Hlidalgo

School of Biological and Marine Sciences Theses

The hunting of the black iguana (Ctenosaura pectinata) in some regions of Mexico constitutes an acute problem because mature, gravid females arc killed and eaten just before they lay their eggs. This practice thus impacts both the survival of adults and the otherwise imminent recruitment of new individuals to the population. The objective of this project was to compare the demographic behaviour and the genetic variability of two population of the black iguana, one protected and one subject to hunting. This information allowed us to project their population dynamics and investigate the likely population-level consequences of hunting. A clear difference …

Proteomics And Ecotoxicoldgy:.Marine Invertebrates And Endocrine Disrupting Chemicals, Anne Bjornstad

School of Biological and Marine Sciences Theses

The key problem faced by environmental scientists is to predictand recognize the damaging effects of chemical pollutants on natural biota. The aim of this thesis was to evaluate the potential for proteomics in ecotoxicology and environmental risk assessment (ERA), with the hypothesis that proteomic technologies (i.e. ProteinChip technology in combination with SELDI TOF MS) could be a useftil supplement to existing methods of environmental assessment, by providing a sensitive, non-invasive, rapid multi-endpoint assessment of effects of anthropogenic chemicals on organism in vivo. Three invertebrate species, Mytilus edulis, Hyas araneus and Strongylocentrotus droebachiensis was exposed to natural and anthropogenic chemicals in …

Characterisation Of Latent Infections In Aquatic Cyanobacteria And Microalgae, Jayme Elizabeth Lohr

School of Biological and Marine Sciences Theses

Aquatic photosynthetic microorganisms were surveyed (algae and cyanobacteria) for novel lysogenic/latent viruses and new methodology was established, using a variety of techniques such as AFC, electron microscopy, and molecular tools. The first study assessed Symbiodinium sp. cultures as a model system to investigate the induction of potential latent vi ruses. The study of Symbiodinium sp. showed that ca. 37% of the strains tested had a group of filamentous VLPs that is inducible by UV-C treatment. Extrapolation of this virus-host interaction and its effects on zooxanthellae viability provides a novel link to the impact of latent infection on symbiotic dinoflagellates of …

The Role Of The Epikarst In Karst And Cave Hydrogeology: A Review, Paul W. Williams

International Journal of Speleology

The epikarst (also known as the subcutaneous zone) comprises highly weathered carbonate bedrock immediately beneath the surface or beneath the soil (when present) or exposed at the surface. Porosity and permeability are higher near the surface than at depth, consequently after recharge percolating rainwater is detained near the base of the epikarst, the detention ponding producing an epikarstic aquifer. Such an aquifer is found only where the uppermost part of the vadose zone is very weathered compared to the bedrock at depth. Sometimes this contrast in porosity and permeability does not occur either because the epikarst has been scraped off …

Some Applications Of Geochemical And Isotopic Techniques To Hydrogeology Of The Caves After Research In Two Sites (Nerja Cave-S Spain And Fourbanne System-French Jura), Jacques Mudry, Bartolomé Andreo, Arnaud Charmoille, Cristina Liñán, Francisco Carrasco

International Journal of Speleology

Caves constitute privileged sampling spots to investigate the hydrochemical behaviour of infiltration, but the representative nature of samples can limit their reach. Taking this into account many results can be obtained from chemistry of water sampled in the caves. Carbonate tracers enable to reconstruct the ‘history’ of drip water water, including rainfall and temperatures. Moreover, permanent drip waters prove durability of water stored in the unsaturated zone over the cave, and lags between rain inputs and drip output enable to evaluate transit time through the unsaturated zone. The comparison of input/output concentrations can also contribute to estimate the local water …

Contribution Of Artificial Galleries To The Knowledge Of Karstic System Behaviour In Addition To Natural Cavern Data, Benjamin Garry, Thibaut Blondel, Christophe Emblanch, Christophe Sudre, Séverine Bilgot, Alain Cavaillou, Daniel Boyer, Michel Auguste

International Journal of Speleology

The study of karstic systems is mainly based on hydrodynamic and hydrochemical data collected at system inlets (rainfall) and outlets (springs). Indeed, some complementary data base coming from speleological and hydrogeological explorations of natural cavities exist. However, they are not completely representative of all the types of flows. These kinds of flow which have a large part in general hydrodynamics of a system are already the result of a structured organization of karst due to complex phenomena of limestone dissolution. Artificial galleries have the advantage to be easily accessible. Moreover, they cut randomly flows which are much less structured or …

The Origin Of The Bemaraha Tsingy (Madagascar), Márton Veress, Dénes Lóczy, Zoltán Zentai, Gábor Tóth, Roland Schläffer

International Journal of Speleology

On Madagascar the most representative occurrences of tsingy are at Ankarana and Bemaraha. The tsingy are built up of giant grikes developed along cracks as well as karren features of much smaller size which cover the surfaces between grikes. We investigated the Bemaraha tsingy of Madagascar (surveyed profiles, measured grike directions, etc.) in order to reconstruct their development. The observations indicate that the majority of grikes of the tsingy are created from caves formed under the karst water table and subsequently opened up to the surface. The predominant processes may have been downward progressing dissolution or the collapse of cave …

On The Same Page: The Value Of Paid And Volunteer Leaders Sharing Mental Models In Churches, Patricia G. Martinez

Management Faculty Works

We examine the idea that mental models shared among paid and volun- teer leaders are associated with improved financial performance in non- profit organizations. Our empirical analysis of thirty-seven churches yields evidence that organizations are more effective if paid and volunteer leaders have a shared task mental model—that is, if they report similar conceptual- izations of organizational goals and decision-making processes. These find- ings suggest that the extent of leaders’ agreement on organizational goals and the processes of how decisions are made matter for organizational per- formance. We argue that it is as important to ensure that everyone is on …

Culture, Sovereignty, And Hollywood: Unesco And The Future Of Trade In Cultural Products, Christopher M. Bruner

Scholarly Works

On October 20, 2005, the General Conference of the United Nations Educational, Scientific and CulturalOrganization (UNESCO) adopted a treaty - by a vote of 148-2, with 4 abstentions - that legitimates domestic legal measures aimed at the protection of local producers of cultural activities, goods and services. Opposed by the United States and Israel, the Convention represents a major diplomatic victory for Canada and France - its principal proponents - and a major blow to Hollywood and the United States, audiovisual products being among America's most lucrative exports. Both Canada and France, like many countries around the world, have long …

Substance Use And Barriers To Treatment Across Native Hawaiians/Pacific Islanders And Asian Americans, Lauren Michelle Levine

UNF Graduate Theses and Dissertations

Research shows that Asian Americans have lower rates of substance abuse treatment utilization than Caucasians. However, investigators have recently begun to separate Native Hawaiians/Pacific Islanders (NH/PI) from Asian Americans. Thus, it remains unclear whether disparities in barriers to treatment utilization differ across NH/Pis and Asian Americans. Data (N = 43,093) from the 2001-2002 National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a large, nationally representative survey was used in this study. A chi-square analysis examined whether disparities in barriers and utilization differed between NH/Pis (n = 300) and Asian Americans (n = 1,334). We found that NH/Pis who thought …

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Reviews In Medical Ethics: Stumbling On Options: A Review Of Readings In Comparative Health Law & Ethics, Frances H. Miller

Faculty Scholarship

Thanks to a series of storms sweeping up the eastern seaboard for three days, I found myself with four fivehour flight delays and two completely unrelated books in my briefcase. One of the books was the second edition of Professor Tim Jost's Readings in Comparative Health Law & Ethics,' which I was reviewing for this publication. The second was Daniel Gilbert's Stumbling on Happiness,² which someone - no doubt thinking I could use a little wisdom on the subject - had given me for my birthday. I did not mind the delays, for they gave me time …

Bulletin 2008-2009, Seattle University School Of Law

Viewbooks

No abstract provided.

Washington's Way Ii: The Burden Of Enforcing Growth Management In The Crucible Of The Courts And Hearings Boards, Henry W. Mcgee, Jr., Brock Howell

Seattle University Law Review

This Article continues the analysis and discussion of the conflicts and problems that beset a dispersed and decentralized growth management control system, as discussed in Washington's Way: Dispersed Enforcement of Growth Management Controls and the Crucial Role of NGOs. That article explained how Washington politicians, in an effort to combat urban sprawl, created a dispersed, "bottom-up" approach to growth management by enacting the Washington Growth Management Act (GMA). The enforcement mechanism provided under the GMA, however, was not mandated to a single government entity; rather, it was left to citizens and non-governmental organizations (NGOs) acting at the local level. …

Beyond Unconscionability: The Case For Using "Knowing Assent" As The Basis For Analyzing Unbargained-For Terms In Standard Form Contracts, Edith R. Warkentine

Seattle University Law Review

Much scholarship questioning the enforcement of standard form contract terms offers interesting insights into possible approaches a court can take in analyzing the issue, but the literature largely fails to examine what courts actually do in these cases. This Article identifies the gap between what scholars are saying about standard form contracts and what courts are doing about them. It notes that courts have not accepted the scholarship that urges a nontraditional approach to analyzing assent. Rather-with but a few exceptions—what has emerged is a case-by-case unconscionability analysis in which courts focus narrowly on particular terms and conditions in standard …

Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand

Seattle University Law Review

This Article will review the constitutional limitations that come into play when a state seeks to rehabilitate its failed electric utility restructuring plan. Under the Constitution, utilities are entitled to earn a reasonable return on the assets devoted to public service. A situation in which retail rates are frozen may result in denial of a compensatory return if the electric utility is incurring higher costs to generate or procure its power supply. This is the traditional "takings" argument based on the Fifth Amendment to the Constitution, as applied to the states under the Fourteenth Amendment. Apart from this commonly asserted …

Oh, What A Tangled World Wide Web We Weave: An Analysis Of Washington's Computer Spyware Act In A National Context, Laura L. Edwards

Seattle University Law Review

Spyware affects businesses as well as individuals. Spyware can expose a company's confidential information, slow down computers and networks, and destroy data. Employees lose efficiency while waiting for IT staff to fix the various problems caused by spyware, which increases costs. Accordingly, spyware is not just a minor annoyance suffered by individual Internet users; rather, it harms American businesses and the economy as well.

An Unaccountable Familiarity: A Dual Solution To The Problem Of Theft In Theatrical Productions, Jeannette Gunderson

Seattle University Law Review

The production of a play as a whole is a derivative work of joint authorship; thus, copyright law should protect it. As a work of authorship, the sum of the design elements that form a production are protectable by copyright because the production is an original creation; while based on the text of the play, any given production is developed separately from the underlying work and merits its own protection.8 Because of the collaborative and interdependent nature of a production of a play, musical, or opera, the resulting combination of all aspects of design and direction should be protected as …