Digital Commons Network^™

Judicial Review In Japan: An Overview Of The Case Law And An Examination Of Trends In The Japanese Supreme Court's Constitutional Oversight, Jun-Ichi Satoh

Loyola of Los Angeles Law Review

No abstract provided.

The Influence Of Law On Sea Power Doctrines: The New Maritime Strategy And The Future Of The Global Legal Order, Craig H. Allen

Articles

For much of the 2006-07 academic year, elements of the US Naval War College facilitated an elaborate process designed to provide the intellectual foundations for the Chief of Naval Operations (CNO) and his staff to draw upon in drafting a new maritime strategy. The process brought together experts from throughout the world to take part in workshops, strategic foundation "war" games, conferences and listening sessions.

It was my privilege as the Charles H. Stockton Chair of International Law to serve as legal advisor throughout the process. This article summarizes the contributions of the Naval War College International Law Department (ILD) …

Amicus (Volume 6, Issue No. 2) (Winter 2008), Roger Williams University School Of Law

Amicus

No abstract provided.

Protean Jus Ad Bellum, Sean D. Murphy

GW Law Faculty Publications & Other Works

The jus ad bellum is generally viewed as a static field of law. The standard account is that when the UN Charter was adopted in 1945, it enshrined a complete prohibition on the use of force in inter-state relations, except when action is being taken in self-defense against an armed attack or under authorization of the UN Security Council. Yet it seems likely that in the years to come, many states and non-state actors will increasingly insist upon a different vision of the jus ad bellum, one that conceives of it as more protean in nature.

Protean jus ad bellum …

Putting Missouri V. Holland On The Map, Edward T. Swaine

GW Law Faculty Publications & Other Works

This paper, published as part of symposium on Missouri v. Holland, explores how the circumstances of that case relate to modern criticisms of Congress' Necessary and Proper power and the doctrine of non-self-executing treaties. Focusing on some of the original concerns - for example, the need for further domestic implementation by Canada (and not, to the same degree, by the United States), the need for spending legislation, and the provision of criminal penalties - unsettles not only the understanding of the Supreme Court's decision, but also more recent critiques of the doctrines with which it has long been associated.

Ella Maillart : De L'Exotisme Au Voyage IntéRieur, Isabelle YêN-Chi Chappuis

Master's Theses

No abstract provided.

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.

Beginning In The Midst Of The World : Ethics, Poetics And Social Change On An International Stage, Michael Fontaine

Doctoral Dissertations

unavailable

The Future Of Enterprise Regulation: Corporate Social Accountability And Human Freedom, Lindsay J. Thompson

Journal of Business & Technology Law

No abstract provided.

The 2007 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland

Journal of Digital Forensics, Security and Law

All organisations, whether in the public or private sector, increasingly use computers and other devices that contain computer hard disks for the storage and processing of information relating to their business, their employees or their customers. Individual home users also increasingly use computers and other devices containing computer hard disks for the storage and processing of information relating to their private, personal affairs. It continues to be clear that the majority of organisations and individual home users still remain ignorant or misinformed of the volume and type of information that is stored on the hard disks that these devices contain …

Quas Primas And The Economic Ordering Of Society For The Social Reign Of Christ The King; A Third Perspective On The Bainbridge/Sargent Law And Economics Debate, Brian Mccall

Faculty Articles

How can it be that respected Catholic legal scholars can reach seemingly opposite conclusions about “Law and Economics?” Stephen Bainbridge has argued that both the descriptive and normative aspects of the Law and Economics movement are consistent with and even demanded by the Catholic understanding of the nature of the human person in a fallen world and our historical experience with totalitarian regimes. Mark Sargent, on the other hand, argues that at least the normative, and perhaps aspects of the descriptive, side of Law and Economics are not completely consistent with the nature and purpose of the human being as …

“Cabhair Is Cairde Is Grásta Ó Dhia Chugainn" : A Study Of The "Saíocht" Of A Parish In Co. Clare., Flan Garvey

Theses

This research is based on a rural parish, Inagh-Kilnamona, in mid North Clare. It deals with its physical hinterland, its people, past and present, its history and folklore. Over the centuries, its people have moulded the land. The buildings and infrastructure represent man-made heritage and although the area would have been described as ‘wild’ some hundreds of years ago, it has been transformed by man into being what it is today, a modem place with a modem society, a changed society but still deeply rooted in its past.

The time has come to excavate the past by research to give …

Resources Available For Review, Phyllis Fox

The Christian Librarian

No abstract provided.

Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait

Law Faculty Publications

The preferred political metaphor in the constitutionalist context was the mystical political body, a concept that defined a system in which power was shared and the well-being of the community was linked to the well-being of the individual. Within the mystical political body, the theoretical possibility exists for women not only to occupy a civic space through organic (and organological) association but also to articulate their perspective and its consequences for the political community in a civically approved way. In the mystical body, women approach a citizenship status impossible within the traditional family framework and their witnessing is closely associated …

Replacing The Native American With The "New American" In Margaret Fuller's Summer On The Lakes, In 1843, Laura M. Reilly

Theses, Dissertations and Culminating Projects

In the summer of 1843, New Englander Margaret Fuller (1810-1850) set off with friends on a westward journey that would take her through the areas of the Great Lakes, Illinois and Wisconsin. Fuller kept copious notes during her trip, and during the eight months after her return home, she revised and enhanced her text and published it as a book, entitled Summer on the Lakes, In 1843.

Fuller’s book reflects a myriad of influences, especially from those most known for their Romantic writings. Jacques Jean Rousseau’s ideas of “The Noble Savage,” Edmund Burke’s theory of the sublime, Johann Wolfgang Goethe’s …

An Agent-Based Model To Study The Spread And Control Of Epidemics, Ashley Dawn Fuller

Theses and Dissertations

The world continues to face outbreaks of disease due to natural causes as well as the threat of biological warfare. Mathematical modeling provides an avenue by which to predict and ultimately prevent widespread outbreaks. A wide variety of modeling tools have been used in the study of the spread of diseases, including Ordinary Differential Equations, Partial Differential Equations, and Difference Equations. In this study, an agent-based model is used to study the spread and control of epidemics and is based on Sirakoulis, et al. [1]. The computer program NetLogo [2] is used for simulation. The development and set-up procedures for …

A Capillary-Based Microfluidic System For Immunoaffinity Separations In Biological Matrices, Michael Peoples

Theses and Dissertations

The analysis of biological samples in clinical or research settings often requires measurement of analytes from complex and limited matrices. Immunoaffinity separations in miniaturized formats offer selective isolation of target analytes with minimal reagent consumption and reduced analysis times. A prototype capillary-based microfluidic system has been developed for immunoaffinity separations in biological matrices with laser-induced fluorescence detection of labeled antigens or antibodies. The laboratory-constructed device was assembled from two micro syringe pumps, a microchip mixer, a micro-injector, a diode laser with fused-silica capillary flow cell, and a separation capillary column. The columns were prepared from polymer tubing and packed under …

How Cultural Factors Hastened The Population Decline Of The Powhatan Indians, Julia Ruth Beckley

Theses and Dissertations

I did not create an abstract for this thesis.

Cast Out: Vagrancy And Homelessness In Global And Historical Perspective, A. L. Beier, Paul Ocobock

Ohio University Press Open Access Books

Throughout history, those arrested for vagrancy have generally been poor men and women, often young, able-bodied, unemployed, and homeless. Most histories of vagrancy have focused on the European and American experiences. Cast Out: Vagrancy and Homelessness in Global and Historical Perspective is the first book to consider the shared global heritage of vagrancy laws, homelessness, and the historical processes they accompanied.

In this ambitious collection, vagrancy and homelessness are used to examine a vast array of phenomena, from the migration of labor to social and governmental responses to poverty through charity, welfare, and prosecution. The essays in Cast Out represent …

Beyond Intention, Kimberly Kessler Ferzan

Cardozo Law Review

No abstract provided.

Debugging Software Patents: Increasing Innovation And Reducing Uncertainty In The Judicial Reform Of Software Patent Law, Robert E. Thomas

Santa Clara High Technology Law Journal

No abstract provided.

Energy-Flow – A New Perspective On James Macgregor Burns’ Transforming Leadership: A New Pursuit Of Happiness, Pi-Jern Caroline Fu

Antioch University Dissertations & Theses

This theoretical dissertation documents a personal transforming leadership experience; during which, I explored my Leadership as Energy-Flow model by having a virtual dialogue with the polymathic works of theorists and thinkers to corroborate and refine it. The model consists of a theory and a conceptual scheme. The energy-flow theory, based on the laws of physics and Chinese philosophy and cosmological science, fashions the energy-flow conceptual scheme. Using the conceptual scheme, I delve into the Premise of the Dialogue, “In what ways and to what extent would using the energy-flow frame of reference describe and stimulate new meanings in Transforming Leadership: …

The Ecology Of Paradox: Disturbance And Restoration In Land And Soul, Rowland S. Russell

Antioch University Dissertations & Theses

This heuristic study explores environmental disturbance and ecological restoration in several North American settings in order to uncover epistemological, philosophical, aesthetic and ethical considerations revolving around those place-based processes. With fire as one of the central metaphors of this work, the initial place-based chapter examines Northern New Mexico's Pajarito Plateau to explore the region's fire ecology. The study then moves to the Pacific Northwest to draw restoration practice that attempt to restore wild salmon to urban Seattle habitat. The third place-based chapter focuses on the Midwest grass and farmlands in order to investigate the seeming contradictions between commodity and diversity …

Deictic Selves And Others In Pastaza Quichua Evidential Usage, Janis B. Nuckolls

Faculty Publications

This article clarifies the perspectival, deictic nature of evidentiality in Pastaza Quichua, a dialect of Quechua spoken in Amazonian Ecuador. I examine the discourse patterning of what have been called the direct and in direct experience morphemes and argue that a source-based characterization of these morphemes cannot be supported by the data. Using insights from liana Mushin's notion of epistemological stance, I outline the Quechua evidential system, identifying perspectives that may be divided into three main categories: the speaking self of a speech event, the speaking self of a narrated event, and a variety of stances that may categorized by …

Analysis Of Information Remaining On Hand Held Devices For Sale On The Second Hand Market, Andrew Jones, Craig Valli, Iain Sutherland

Research outputs pre 2011

The ownership and use of mobile phones, Personal Digital Assistants and other hand held devices is now ubiquitous both for home and business use. The majority of these devices have a high initial cost, a relatively short period before they become obsolescent and a relatively low second hand value. As a result of this, when the devices are replaced, there are indications that they tend to be discarded. As technology has continued to develop, it has led to an increasing diversity in the number and type of devices that are available, and the processing power and the storage capacity of …

The 2007 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andrew Jones, Craig Valli, Glenn Dardick, Iain Sutherland

Research outputs pre 2011

All organisations, whether in the public or private sector, increasingly use computers and other devices that contain computer hard disks for the storage and processing of information relating to their business, their employees or their customers. Individual home users also increasingly use computers and other devices containing computer hard disks for the storage and processing of information relating to their private, personal affairs. It continues to be clear that the majority of organisations and individual home users still remain ignorant or misinformed of the volume and type of information that is stored on the hard disks that these devices contain …

Adapting Information Operations To A Changing World: Future Options For The United States Government, Edwin L. Armistead

Theses: Doctorates and Masters

In 1998, the Department of Defense in the United States released the first of a series of seminal policies on Information Operations (IO). Entitled Joint Publication 3-13, this instruction laid out for the first time, in an unclassified format, how the American military forces could utilise this particular element of power. As a relative newly defined activity, this publication proposed to revolutionise the manner in which warfare, diplomacy, business and a number of other areas are conducted. However, this radical transformation in the United States government with regard to IQ has not occurred over the last decade and a significant …

Abolition In The U.S.A. By 2050: On Political Capital And Ordinary Acts Of Resistance, Bernard E. Harcourt

Faculty Scholarship

The United States, like the larger international community, likely will tend toward greater abolition of the death penalty during the first half of the twenty-first century. A handful of individual states – states that have historically carried out few or no executions – probably will abolish capital punishment over the next twenty years, which will create political momentum and ultimately a federal constitutional ban on capital punishment in the United States. It is entirely reasonable to expect that, by the mid-twenty-first century, capital punishment will have the same status internationally as torture: an outlier practice, prohibited by international agreements and …

From Reform To Reduction: Reports On The Management Of Navy And Department Of Defense Laboratories In The Post-Cold War Era, J. Eric Hazell

Books

This book reviews approximately 65 of the significant reports issued on Department of Defense (DOD) and Department of the Navy (DON) management of research, development, test, and evaluation (RDT&E) from the end of the Cold War through the late 1990s. It is designed for two primary audiences: (1) DOD, congressional, and other government staff who need an accessible overview and quick reference and bibliographic guide to issues during that period; and (2) researchers and historians, especially those interested in available sources. The book is organized both chronologically and thematically, and engages some of the principal arguments, regarding management of defense …

The Message Of God's People In The Old Testament, Jiri Moskala

Faculty Publications

No abstract provided.