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2008

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Crimen Sine Lege: Judicial Lawmaking At The Intersection Of Law And Morals, Beth Van Schaack Jan 2008

Crimen Sine Lege: Judicial Lawmaking At The Intersection Of Law And Morals, Beth Van Schaack

Faculty Publications

One of the most fundamental defenses to a criminal prosecution is that of nullum crimen sine lege, nulla poena sine lege ("no crime without law, no punishment without law") (NCSL). Notwithstanding that respect for NCSL is a hallmark of modern national legal systems and a recurrent refrain in the omnibus human rights instruments, international criminal law (ICL) fails to fully implement this principle. The absence of a rigorous manifestation of NCSL within ICL can be traced to the dawn of the field with the innovations employed by the architects of the Nuremberg and Tokyo Tribunals. In the face of NCSL …


Constructing Meaning In The Face Of Suffering: Theodicy In Lamentations, Elizabeth Boase Jan 2008

Constructing Meaning In The Face Of Suffering: Theodicy In Lamentations, Elizabeth Boase

Theology Papers and Journal Articles

This article explores the existence of theodic elements within the book of Lamentations. Drawing on the typology outlined by A. Laato and J. C. de Moor (Th eodicy in the World of the Bible [Leiden, 2003]) it is identified that Lamentations explores both retributive and educative theodicy within its poems. Other theodic solutions are not, however, present. Although these theodic solutions are present, it cannot be argued that Lamentations constitutes a theodicy as such. Rather, the poems raise and in turn subvert a range of possible theodic assertions in response to the existential crisis which emerged in the wake of …


To Imprecate Or Not: Psalm 137 And Its Appropriation In Music, Elizabeth Boase Jan 2008

To Imprecate Or Not: Psalm 137 And Its Appropriation In Music, Elizabeth Boase

Theology Papers and Journal Articles

Psalm 137 opens with lament and closes with one of the most strident imprecations in the Psalter. Read against the backdrop of the Babylonian exile, the imprecation incorporates both Edom and Babylon, concluding with the words “Happy shall they be who take your little ones and dash them against the rock.”

The closing verses have proven to be problematic for commentators. The tension is well expressed by R. Clifford, who states “Psalm 137 has the distinction of having one of the most beloved opening lines and the most horrifying closing line of any psalm. If the psalm ended at verse …


Unexpected Plans, Alberto Gonzales Jan 2008

Unexpected Plans, Alberto Gonzales

St. Thomas Law Review

This speech was presented on March 13, 2008, at the National Conference of Law Reviews in Key Biscayne, Florida.


Reducing Cognitive Load Using Hypervariate Display, William Garrabrants Jan 2008

Reducing Cognitive Load Using Hypervariate Display, William Garrabrants

CCAC Theses and Dissertations

This research examined the application of hypervariate display principles to human-computer interfaces with the intent of reducing the cognitive load placed on the operator during high-intensity activity. This research extended the existing body of knowledge relevant to reducing the cognitive load using human-computer interfaces. Existing research has explored the application of techniques that, when used in isolation, contribute to a computer operator's understanding of the data or efficiency in execution of tasks. This research studied the collaborative use of proven display techniques to improve a computer operator's ability to understand large amounts of data more rapidly and react to that …


The Burning And Reconstruction Of Chambersburg, Pennsylvania 1864-1870, Gordon Boyer Lawrence Jan 2008

The Burning And Reconstruction Of Chambersburg, Pennsylvania 1864-1870, Gordon Boyer Lawrence

Master's Theses

Although many studies of Chambersburg's devastation during the American Civil War have been researched, all have focused on the military actions taken by both sides during the conflict. This thesis instead attempts to explore some of the effects of military actions upon the permanent civilian population.

The Introduction develops a sense of the events which transpired in the town on the fateful day of July 30, 1864, provides an overview of potential research subjects, and details sources available to complete successfully the research parameters outlined. The early development of the community is explored in Chapter 1. This data is necessary …


The Dictatorship Of Masculinity, Luciano Martínez Jan 2008

The Dictatorship Of Masculinity, Luciano Martínez

Spanish Faculty Works

No abstract provided.


The Corruption Of Civilizations, Timothy K. Kuhner Jan 2008

The Corruption Of Civilizations, Timothy K. Kuhner

Faculty Publications By Year

No abstract provided.


Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate Jan 2008

Information Security Breaches: Looking Back & Thinking Ahead, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.


Tax Strategy Patents: Why The Tax Community Should Not Exclude The Patent System, Lucas Osborn Jan 2008

Tax Strategy Patents: Why The Tax Community Should Not Exclude The Patent System, Lucas Osborn

Scholarly Works

No abstract provided.


Representative Negotiation, Trevor C. W. Farrow Jan 2008

Representative Negotiation, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.


Advancements In Military Warfare: Weather Information Systems, Nathan White Jan 2008

Advancements In Military Warfare: Weather Information Systems, Nathan White

Senior Seminars

Richard Davis, an Air Force historian, wrote "throughout air power history weather has prevented or spoiled more combat missions than any other single factor" (Moyers 2003). This quote shows the significance of accurate weather observing and forecasting throughout the history of Air Force Weather. It is imperative to produce accurate and timely forecast products to assist the warfighter in maintaining control of the battle space. This is why the development and improvement of Weather Information Systems (WIS) has been and is a necessary and vital component in the forecasting process.

This paper will explore the advancements in the WIS throughout …


Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman Jan 2008

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.


Does An Individual Foreign Official Qualify As A Foreign State For Purposes Of The Foreign Sovereign Immunities Act?, Erin Nelson Jan 2008

Does An Individual Foreign Official Qualify As A Foreign State For Purposes Of The Foreign Sovereign Immunities Act?, Erin Nelson

Catholic University Law Review

No abstract provided.


Brown V. United States, The Paquete Habana, And The Executive, Michelle Akerman Jan 2008

Brown V. United States, The Paquete Habana, And The Executive, Michelle Akerman

UC Law Journal

During the course of the War on Terrorism, members of the executive have drawn upon a variety of sources, including nineteenth and twentieth century wartime cases, to support expansive executive authority, including the authority to violate customary international law. This Note examines one of the nineteenth century wartime cases relied upon by the executive, Brown v. United States, and argues that the executive's reliance on this particular case is misplaced. Not only does Brown date back to an era when the Executive enjoyed far less power in international and military matters, contemporary members of the executive have relied upon a …


United States Air Force Posture Statement 2008, U.S. Air Force Jan 2008

United States Air Force Posture Statement 2008, U.S. Air Force

United States Air Force: Publications

The United States Air Force provides the Nation with a powerful deterrent force in times of peace, and it sets the conditions for Joint and Coalition victory in times of war. For over seventeen years, since Operation DESERT SHIELD, the United States Air Force has been engaged in continuous combat operations. Our Airmen have maintained constant watch, deployed continuously, engaged America’s adversaries directly, responded to human crises around the world, and provided the Global Vigilance, Global Reach, and Global Power to secure our Nation.


Cyanobacterial Harmful Algal Blooms: Chapter 18: Determining Important Parameters Related To Cyanobacterial Alkaloid Toxin Exposure, Adam Love Jan 2008

Cyanobacterial Harmful Algal Blooms: Chapter 18: Determining Important Parameters Related To Cyanobacterial Alkaloid Toxin Exposure, Adam Love

United States Environmental Protection Agency: Publications

The United States is faced with having to address critical issues that have not been addressed in the past, as recent security interests have placed new and more pressing demands on the assessment of risk from exposure to potential threats resulting from deliberate contamination. Such assessments are the basis for decisions about future research priorities, actions taken to prevent intentional contaminant releases, and developing detailed plans for response if such an event was to occur. High fidelity assessments are based on robust knowledge of the numerous parameters that can be used to predict the fate, transport, persistence, and toxicity for …


Supplementary Warp Patterned Textiles Of The Cham In Vietnam, Michael C. Howard Jan 2008

Supplementary Warp Patterned Textiles Of The Cham In Vietnam, Michael C. Howard

Textile Society of America: Symposium Proceedings

The difficult supplementary warp weaving technique appears to have been developed initially by Tai-speaking peoples in what is today southern China. The decorative technique subsequently diffused across Mainland Southeast Asia as far as Bhutan as well as to the southern Philippines and Indonesia. Use of the technique has declined considerably in recent years, until today it is still employed by only a few peoples in Southeast Asia. In the case of the Cham of southern Vietnam, the technique has not merely survived but it remains one of the dominant decorative techniques used by Cham weavers. The paper provides an examination …


Supplementary Warp Patterned Textiles Of The Cham In Vietnam, Michael C. Howard Jan 2008

Supplementary Warp Patterned Textiles Of The Cham In Vietnam, Michael C. Howard

Textile Society of America: Symposium Proceedings

The Cham People

The Malayo-Polynesian speaking peoples of Vietnam and Cambodia speak languages belonging to the Malayic group of Sundic languages. Sundic speaking peoples lived on the island of Borneo prior to their spreading to adjacent regions. From Borneo they sailed north to Vietnam, west to peninsular Malaysia and Sumatra, and south to Java and Bali. While Sundic speaking groups appear to have migrated to parts of Indonesia as early as 1500 BC, they do not seem to have arrived along the coast of Vietnam until some time around 600 BC. It is during the period 600 BC to 300 …


Omoshirogara Textile Design And Children’S Clothing In Japan 1910-1930, Jacqueline M. Atkins Jan 2008

Omoshirogara Textile Design And Children’S Clothing In Japan 1910-1930, Jacqueline M. Atkins

Textile Society of America: Symposium Proceedings

The early twentieth century in Japan was both a culturally and technologically expansive period. The Taishō era (1912-1926) spurred a new sense of freedom and experimentation in many parts of Japanese culture. Fashion was not immune to the invigorating atmosphere that prevailed, and, although Western fabrics and dress were popular, especially in among the affluent in urban areas, innovations in fabric production in Japan itself also brought new and appealing products to the marketplace. Some of these textiles, several of which had been developed earlier in the century and begun to be mass-produced by 1912, were especially well-suited to traditional …


Mission Theology In The Old Testament: A New Paradigm, Cristian Dumitrescu Jan 2008

Mission Theology In The Old Testament: A New Paradigm, Cristian Dumitrescu

Journal of Adventist Mission Studies

No abstract provided.


Hooray For Prohibition! : Evangelicals And The Southern Temperance Movement, Miranda Cully Jan 2008

Hooray For Prohibition! : Evangelicals And The Southern Temperance Movement, Miranda Cully

Electronic Theses and Dissertations

No abstract provided.


Persistence In The Periphery : Archaeological Investigations At Baateelek, Caves Branch River Valley, Belize, Jillian Michelle Jordan Jan 2008

Persistence In The Periphery : Archaeological Investigations At Baateelek, Caves Branch River Valley, Belize, Jillian Michelle Jordan

Electronic Theses and Dissertations

No abstract provided.


The Framers' Understanding Of Originalism And International Law, David Golove, Diarmuid F. O'Scannlain, William H. Taft Iv, John C. Yoo, Ronald A. Cass Jan 2008

The Framers' Understanding Of Originalism And International Law, David Golove, Diarmuid F. O'Scannlain, William H. Taft Iv, John C. Yoo, Ronald A. Cass

Faculty Articles

Panel on the Framers' understanding of originalism and international law at the Federalist Society's 2005 National Lawyer’s Convention, November 11, 2005.


Foucault, Marxism And The Cuban Revolution: Historical And Contemporary Reflections, Sam Binkley, Jorge Capetillo-Ponce Jan 2008

Foucault, Marxism And The Cuban Revolution: Historical And Contemporary Reflections, Sam Binkley, Jorge Capetillo-Ponce

Sociology Faculty Publication Series

This article relates central themes of Marxist and Foucauldian thought to the intellectual and political legacy of the Cuban Revolution. Against the backdrop of a reading of Foucault’s relationship to the revolutionary left, it is argued that Marxist theoretical discourse on guerrilla struggle (as articulated by Mao, Guevara and others) provide an intriguing case for bio-political struggle. In the case of the Cuban revolution, an ethics of self-transformation appears in which new ways of living and practicing life are cultivated in opposition to sedimentations of state power. Moreover, in addition to this historical case, a discussion is offered of the …


School-Based Community Television, John Kotarski Jan 2008

School-Based Community Television, John Kotarski

Wayne State University Theses

This thesis develops a new model for teaching media literacy through school-based community television. It traces the history of television from its use as a military and commercial vehicle intended for control of many by a few, to Internet enabled television produced by individuals for personal expression or amusement. In addition, it traces the criticism of commercial media from post-World War II to the present through writings of philosophers like Martin Heidegger and Herbert Marcuse as well as social critics Noam Chomsky, Neil Postman, Todd Gitlin, and Susan Jacoby. Finally, the thesis details the author's personal experience adapting high school …


Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel Jan 2008

Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel

Studio for Law and Culture

In the six weeks from mid-July to early September 1912, about a third of the 389 men whom guards escorted through the front doors of the Rio de Janeiro city jail had been arrested for vagrancy, or in Portuguese vadiagem, an infraction whose etymological connection to the word “vague” is not a coincidence. These men remained in detention for between five days and over a year, accused by arresting police officers of having committed the crime of doing nothing. As they awaited trial or, for the least fortunate, transportation to an offshore penal colony, they shared the crowded space …


Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara Jan 2008

Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara

Richmond Journal of Law & Technology

A fundamental tenet of the 2006 Amendments to the Federal Rules of Civil Procedure (the “2006 Amendments”) is the notion that parties can agree and cooperate on issues relating to electronic discovery. Many of the rule changes now either require parties to meet and confer about electronic discovery or presuppose a certain level of dialogue between the parties regarding such issues.


No Justice, No Peace? National Reconciliation And Local Conflict Resolution In Cambodia, Mneesha Gellman Jan 2008

No Justice, No Peace? National Reconciliation And Local Conflict Resolution In Cambodia, Mneesha Gellman

Emerson Authors, Researchers, & Creators

The Khmer Rouge Tribunal is expected by many in the international community to bring a sense of reconciliation to a nation still grappling with the aftermath of more than thirty years of civil war. Yet the gap between national and local reconciliation initiatives tests post-conflict reconstruction efforts to meet the needs of Cambodian citizens who feel unconnected to the tribunal. This article inquires into the interrelationship between national reconciliation processes and grassroots peacebuilding in the form of conflict resolution trainings. Noting that retributive justice processes cannot take the place of restorative justice, genuine reconciliation in Cambodia will need to incorporate …


Effects Of Atmospheric Turbulence On The Scintillation And Fade Probability Of Flattened Gaussian Beams, Doris C. Cowan, Larry C. Andrews Jan 2008

Effects Of Atmospheric Turbulence On The Scintillation And Fade Probability Of Flattened Gaussian Beams, Doris C. Cowan, Larry C. Andrews

Faculty Bibliography 2000s

In an attempt to mitigate the effects of the atmosphere on the coherence of an optical (laser) beam, interest has recently been shown in changing the beam shape to determine if a different power distribution at the transmitter will reduce the effects of random fluctuations in the refractive index. Here, a model is developed for the field of a flattened Gaussian beam as it propagates through atmospheric turbulence, and the resulting effects on the scintillation of the beam and beam wander are determined. A comparison of these results is made with the like effects on a standard TEM(00) Gaussian beam. …