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A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller

Journal Articles

This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …

The Memory Gap In Surveillance Law, Patricia L. Bellia

Journal Articles

U.S. information privacy laws contain a memory gap: they regulate the collection and disclosure of certain kinds of information, but they say little about its retention. This memory gap has ever-increasing significance for the structure of government surveillance law. Under current doctrine, the Fourth Amendment generally requires government agents to meet high standards before directly and prospectively gathering a target's communications. The law takes a dramatically different approach to indirect, surveillance-like activities, such as the compelled production of communications from a third party, even when those activities yield the same information as, or more information than, direct surveillance activities. Because …

A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell

Journal Articles

No abstract provided.

Bringing Clarity To Title Clearing: Tax Foreclosure And Due Process In The Internet Age, James J. Kelly Jr.

Journal Articles

The foreclosure of property tax liens performs an essential economic function by reconnecting underutilized properties to the real estate market. To clear title in an efficient and just manner, local jurisdictions foreclosing on tax liens require clear, balanced procedures for the provision of notice to affected parties. In its 2006 decision in Jones v. Flowers, the U.S. Supreme Court found that the foreclosing jurisdiction's lack of direct follow-up on returned notice mailings denied the addressee due process because the foreclosing party did not take steps that would be chosen by one desirous of actually informing the property owner. In subjecting …

Children's Beliefs And Family Law, Margaret F. Brinig

Journal Articles

In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.

I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …

The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa

Journal Articles

No abstract provided.

This-Worldly Explanations For Otherworldly Growth: Vitality In An Ozarks Megachurch, Joseph Lee Dutko

Graduate Theses/Dissertations

James River Assembly, a Pentecostal megachurch in the Missouri Ozarks, grew from forty-two people in 1991 to over nine thousand in 2008. What led to such growth? Using ethnographic research methods such as interviews and twenty months of field observations, this study uses the story of James River Assembly to enter into the debate on congregational vitality. Three reasons emerge for the growth and strength of the church: excitement and optimism, an apocalyptic worldview, and a clear sense of identity embraced as a worthy pursuit by members. Each chapter presents theories of vitality that are useful for understanding growth at …

Dole’S Future: A Strategic Analysis, Neil S. Siegel

Faculty Scholarship

As the U.S. Supreme Court imposes federalism-based limits on congressional power under the Commerce Clause and Section Five of the Fourteenth Amendment, Congress may be tempted to turn to the conditional spending power in order to achieve goals that it may not accomplish directly. In this article, I address whether a danger exists, as some suggest, that such use of the Spending Clause would render the Court more likely to cut back on its scope, narrowing or overruling South Dakota v. Dole, 483 U.S. 203 (1987). Using doctrinal analysis and game theory, I conclude that Congress should proceed with …

Creative Women In Advertising Agencies: Why So Few “Babes In Boyland”?, Sheri L. Broyles, Jean M. Grow

College of Communication Faculty Research and Publications

Purpose – The purpose of this paper is to explore reasons why there are so few women in creative departments of advertising agencies and to discuss what impact that might have on the work environment of those creative departments and advertising messages they create.

Design/methodology/approach – Provides a review of published research and plus opinions of professionals who cover the advertising industry or work in agency creative departments. Personal observations from the authors’ time working in the advertising industry are also included.

Findings – Themes gleaned from the literature look at the gender gap, the creative department of advertising agencies …

Seeing The World While Staying At Home: Slapstick, Modernity And American-Ness, Amanda R. Keeler

College of Communication Faculty Research and Publications

No abstract provided.

Mitochondria In Energy-Limited States : Mechanisms That Blunt The Signaling Of Cell Death., Steven Hand, Michael Menze

Faculty and Staff Scholarship

Cellular conditions experienced during energy-limited states – elevated calcium, shifts in cellular adenylate status, compromised mitochondrial membrane potential – are precisely those that trigger, at least in mammals, the mitochondrion to initiate opening of the permeability transition pore, to assemble additional protein release channels, and to release pro-apoptotic factors. These proapototic factors in turn activate initiator and executer caspases. How is activation of mitochondria-based pathways for the signaling of apoptotic and necrotic cell death avoided under conditions of hypoxia, anoxia, diapause, estivation and anhydrobiosis? Functional trade-offs in environmental tolerance may have occurred in parallel with the evolution of diversified pathways …

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Journal Articles

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …

A Localist Reading Of Local Immigration Regulations, Rick Su

Journal Articles

The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …

Law And Economic Change During The Short Twentieth Century, John Henry Schlegel

Contributions to Books

Published as Chapter 16 in Cambridge History of Law in America, Volume 3: The Twentieth Century and After (1920–), Michael Grossberg & Christopher Tomlins, eds.

The brief recounting of the American economy in the twenties and thirties raises obvious questions about law and economic change. Economic change is the shift from one enacted, in both senses, understanding of economic life to another, in the case of the short twentieth century, from an associationalist economy to an impatient economy. This chapter explicates this economic change, and interrogates it in order to understand the role of law in its occurrence. Despite the …

Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith

Journal Articles

Even though Professor Leary and I are united in the goal of protecting children against sexual exploitation, we part company on the proper societal response to the problem of self-produced child pornography. In my view, children who produce and distribute pornographic images of themselves ordinarily should not be regarded as proper objects of punishment. In this context, child protective services, backed up if necessary by the threat of criminal prosecution, is a much more appropriate way of reforming minors and protecting them against the serious dangers to which they expose themselves by creating and distributing pornographic images of themselves. A …

The Supreme Court And The Politics Of Death, Stephen F. Smith

Journal Articles

This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …

Torture And The Biopolitics Of Race, Dorothy Roberts

University of Miami Law Review

No abstract provided.

The Constitutionality Of Warrantless Electronic Surveillance Of Suspected Foreign Threats To The National Security Of The United States, Michael Avery

University of Miami Law Review

No abstract provided.

Management Of The Neck In Differentiated Thyroid Cancer, David M. Cognetti, Edmund A. Pribitkin, William M. Keane

Department of Otolaryngology - Head and Neck Surgery Faculty Papers

Differentiated thyroid cancer is characterized by an excellent long-term prognosis, which unlike other head and neck carcinomas, is not influenced definitively by regional lymph node metastasis. The relative rarity of the disease, together with its tendency for delayed metastasis and its low mortality, makes a prospective randomized trial comparing treatment outcomes difficult. As a result, the effect of cervical lymph node metastases on survival is unclear, making meaningful recommendations for their management somewhat subjective. This article discusses guidelines for the management of the neck in differentiated.

Coupling The Hydrodynamic And Water Quality Model Ce-Qual-W2 With A Multi-Trophic Fish Bio-Energetics Model For Lake Roosevelt, Washington, Michael Lee Mckillip

Dissertations and Theses

Grand Coulee Dam created Franklin D. Roosevelt Lake as part of the Columbia Basin Project. Located in northeastern Washington State, the Project provides economically important hydropower (19 billion kilowatt hours per year), irrigation (225,000 ha), flood control, and sport fishing ($5 to 20 million annually). A good system understanding aids in balancing these beneficial uses for the 230 km long reservoir. The reservoir's atypical 45-day mean residence time is much shorter than a typical lake, and much longer than for a riverine dam. The spring freshet requires drawdowns of 15 to 20 m for flood control—the driving characteristic of reservoir …

Structural Bone Density Of Pacific Cod (Gadus Macrocephalus) And Halibut (Hippoglossus Stenolepis): Taphonomic And Archaeological Implications, Ross E. Smith

Dissertations and Theses

Describing prehistoric human subsistence strategies and mobility patterns using archaeofaunal assemblages requires archaeologists to differentiate the effects of human behavior from natural taphonomic processes. Previous studies demonstrate that differences in bone density both within and between taxa contribute to variation in element representation in archaeofaunal assemblages. Measurements of contemporary Pacific Cod (Gadus macrocephalus) and Pacific Halibut (Hippoglossus stenolepis) skeletal elements using Dual Energy Absorptiometry (DEXA) and hydrostatic weighing revealed differences in bone volume density between elements and taxa.

Density values were highest in Pacific cod and halibut jaw elements; the lowest bone volume densities were measured in Pacific cod and …

Advertisements: Interpreting Images Used To Sell To Young Adults, Alyssa Dana Adomaitis, Kim P. Johnson

Publications and Research

Purpose – The purpose of this study is to identify images used in advertising directed toward young adults, investigate what young adults thought of these images, and explore how young adults used these images.

Design/methodology/approach – A content analysis of 674 apparel and cosmetic advertisements located in four fashion magazines (Elle Girl, Seventeen, YM, and TeenVogue) resulted in eight categories. Participants (n ¼ 32) viewed advertisements representative of the categories and answered questions related to their thoughts about the model depicted in the advertisement and their use of the images.

Findings – Participants’ used the models as a point of …

Geochemical Analysis Of Ironstone Preserved Molluscan Fossils Of The Hell Creek Formation (Cretaceous) And Ludlow Member Of The Fort Union Formation (Paleogene) Of Southwestern North Dakota, Tanya P. Justham

Theses and Dissertations

The uppermost Cretaceous Hell Creek Formation and Paleocene Ludlow Member of the Fort Union Formation in easternmost Montana and western North Dakota produce ironstone preserved freshwater molluscan fossils. Ironstone preserved mollusks are associated with ironstone nodules, which have been described as composed of iron carbonate, iron oxide, or manganese oxide by various researchers. To date, the exact composition of the ironstone preservation has not been satisfactorily determined to allow agreement between researchers. Freshwater mollusk fossils, preserved as ironstone external casts, molds, and steinkerns, tend to be highly weathered. The poor preservation of the fossils has resulted in little professional interest, …

A Survey Of Ethics In United States Remote Sensing Education, William A. Wetherholt

Theses and Dissertations

No abstract provided.

Meeting Interpersonal Needs : A Content Analysis Of Viewbooks From Public And Private Higher Education Institutions, Kipp A. Wilfong

Theses and Dissertations

No abstract provided.

Design And Construction Of A High Temperature Reaction Chamber (Htrc) For Corrosion And Degradation Testing Of Refractory Materials, David C. Young

Theses and Dissertations

No abstract provided.

2008-2009 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2008-2009 graduate catalog for Morehead State University.

Scholarly Monographs On Rock Music: A Bibliographic Essay, Monica Berger

Publications and Research

Purpose This article is an overview of scholarly monographs on rock music from 1980 to the present. It provides an overview to the literature for practical purposes of collections development as well as giving the reader insight into key issues and trends related to a interdisciplinary topic that attracts scholars from many disciplines in the humanities and social sciences.

Design/methodology/approach This bibliographic essay, focusing on works related to American culture and of a general nature, includes an overview and historical background; a discussion of how music and ethnomusiciological scholars approach the topic; geographic approaches; literature on four key icons (Elvis, …

Persuasive Design Of Destination Websites: An Analysis Of First Impression, Heejun Kim, Daniel R. Fesenmaier

Publications and Research

This research examines the persuasiveness of destination websites through an investigation of users’ first impression. To achieve this goal, it builds on research by Fogg (2003) and by Kim and Fesenmaier (2007) to assess the effect of the design factors of destination websites on first impression formation. The results of this study indicate that the subjects were able to make quick judgments on tourism websites, and that inspiration and usability were the primary drivers evoking a favorable first impression. This research concludes by discussing the implications of these findings and possible directions for future study.

Minding The Liability Gap: American Contractors, Iraq, And The Outsourcing Of Impunity, Christina M. Blyth

University of Miami Law Review

No abstract provided.