Digital Commons Network^™

Victims And The Significance Of Causing Harm, Guyora Binder

Journal Articles

Many criminal law theorists find the punishment of harm puzzling. They argue that acts should be evaluated only on the basis of the risks they create and the actors' awareness of those risks; that punishing results violates both desert and utility. This article explains punishment of harm on the basis of political theory rather than moral philosophy. Punishing harm helps legitimize the rule of law by vindicating victims. A rule of law state precludes cycles of organized retaliatory violence by asserting a monopoly on retaliatory force, thereby depriving individuals and groups of the option of securing their own dignity. We …

The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky

Contributions to Books

Published as Chapter 3 in The Cambridge History of Law in America, Volume II, The Long Nineteenth Century (1789–1920), Michael Grossberg & Christopher Tomlins, eds.

The American legal profession matured and came to prominence during the century prior to the Civil War. Before the Revolution, across some 150 years, lawyers in different colonies underwent different experiences at different times. By the beginning of the eighteenth century, more lawyers were entering professional life. After the revolution and the defection by the Tory lawyers, the remaining quickly burnished their images in the glow of republican ideals while grasping new market opportunities. For …

Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman

Journal Articles

Most sociolegal studies of the urban street focus on the human element. By focusing on the tree, my Article offers a unique perspective on the interrelations between various actors within the public spaces of modern North American cities. Situated at the intersection of legal geography, anthropology, and Science and Technology Studies, this Article demonstrates how natural artifacts function as technologies of governance, thereby masking crucial political interventions behind a natural facade. The tensions between nature and the city, as embedded in both the construction and the regulation of street trees, provide an unusual perspective on the management of urban populations …

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 …

Type-1 Owa Operators For Aggregating Uncertain Information With Uncertain Weights Induced By Type-2 Linguistic Quantifiers, Shang Ming Zhou, Francisco Chiclana, Robert I. John, Jonathan M. Garibaldi

School of Nursing and Midwifery

No abstract provided.

Steel And Snow, Christopher Vernon Harder

Undergraduate Theses and Senior Projects

No abstract provided.

Maternal Copper Deficiency During Pregnancy : Cardiovascular Consequences In A Second Generation Of Sprague-Dawley Rats, Linda Angyie Kibot

Undergraduate Theses and Senior Projects

No abstract provided.

The Civil War : Stories We Never Hear And Women Who Dared To Live Them, Amanda Lee

Undergraduate Theses and Senior Projects

No abstract provided.

Dublin Core Metadata Harvested Through Oai-Pmh, Amy S. Jackson, Myung-Ja Han, Kurt Groetsch, Megan Mustafoff, Timothy W. Cole

University Libraries & Learning Sciences Faculty and Staff Publications

The introduction in 2001 of the Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH) increased interest in and awareness of metadata quality issues relevant to digital library interoperability and the use of harvested metadata to build "union catalogs" of digital information resources. Practitioners have offered wide-ranging advice to metadata authors and have suggested metrics useful for measuring the quality of shareable metadata. Is there evidence of changes in metadata practice in response to such advice and/or as a result of an increased awareness of the importance of metadata interoperability? This paper looks at metadata records created over a six-year period …

Using Digital Methods To Reconstruct Original Topography And Landscape Wetness In The Judicial Ditch 66 Watershed, Polk County, Minnesota, Chase J. Christenson

Undergraduate Theses and Senior Projects

The excavation of Judicial Ditch #66 has altered the topography of its hydrologic basin in Polk County, Minnesota. Records of how the pre-ditch landscape appeared do not exist. The original aim of this study was to develop and evaluate a method of manual data manipulation and combination to digitally restore the topography of a human-altered landscape.

Trial and error with the combination of spatial data from separate sources provided inadequate results. The study was subsequently divided into four parts. First, drainage area and its potential wetness were estimated using the 10 meter U.S. Geological Survey Digital Elevation Model (DEM). The …

The Intersection Of Identity Construction & Learning Approach : The Experience Of College Students With Psychological Disorders, Shauna K. Moriarty

University of the Pacific Theses and Dissertations

College for many adults represents a time for increasing independence, autonomy, and self-exploration. Yet the college experience may also be a time when students discover the presence of a psychological disorder, or navigate how to grapple with an existing disorder in the new and unfamiliar environment of college. An increasing number of students with such disorders are enrolling and participating in higher education yet current literature is often insufficient to adequately guide and inform postsecondary institution personnel regarding this complex student population (Beamish, 2005). Therefore, this phenomenological study aimed to discover the lived experience of a small sample of students …

Editorial, First Science And Policy Issue, Jscas

Journal of the South Carolina Academy of Science

No abstract provided.

Inflammation: The Key To Health And Disease, Prakash Nagarkatti Ph. D, Donald J. Dipette M. D.

Journal of the South Carolina Academy of Science

No abstract provided.

Solution Chemical Synthesis Of Nanostructured Thermoelectric Materials, Xiaohua Ji, Terry M. Tritt, Xinbing Zhao, Joe W. Kolis

Journal of the South Carolina Academy of Science

No abstract provided.

Overview Of Thermoelectric Sodium Cobaltite: NaXCo2O4, Xiaofeng Tang, Terry M. Tritt

Journal of the South Carolina Academy of Science

No abstract provided.