Digital Commons Network^™

Eminent Domain And The Psychology Of Property Rights: Proposed Use, Subjective Attachment, And Taker Identity, Janice Nadler, Shari Seidman Diamond

Faculty Working Papers

The U.S. Supreme Court's decision in Kelo v. City of New London, allowing governments to force the sale of private property to promote economic development, provoked bipartisan and widespread public outrage. Given that the decision in Kelo was rendered virtually inevitable by the Court's earlier public use decisions, what accounts for the dread and dismay that the decision provoked among ordinary citizens? We conducted two experiments that represent an early effort at addressing a few of the many possible causes underlying the Kelo backlash. Together, these studies suggest that the constitutional focus on public purpose in Kelo does not fully, …

Why Is International Law Binding?, Anthony D'Amato

Faculty Working Papers

Many writers believe that international law is precatory but not "binding" in the way domestic law is binding. Since international law derives from the practice of states, how is it that what states do becomes what they must do? How do we get bindingness or normativity out of empirical fact? We have to avoid the Humean fallacy of attempting to derive an ought from an is. Yet we can find in nature at least one norm that is compelling: the norm of survival. This norm is hardwired into our brains through evolution. It is also hardwired into the international legal …

Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander

Faculty Working Papers

Article III's provision for the compensation of federal judges has been much celebrated for the no-diminution provision that forecloses judicial pay cuts. But other features of Article III's compensation provision have largely escaped notice. In particular, little attention has been paid to the framers' apparent expectation that Congress would compensate federal judges with salaries alone, payable from the treasury at stated times. Article III's presumption in favor of salary-based compensation may rule out fee-based compensation, which was a common form of judicial compensation in England and the colonies but had grown controversial by the time of the framing. Among other …

Fifteen And Thirty Five--Class Warfare In Subchapter K Of The Internal Revenue Code: The Taxation Of Human Capital Upon The Receipt Of A Proprietary Interest In A Business Enterprise, Philip F. Postlewaite

Faculty Working Papers

Service providers (aka executives) to partnerships and to corporations confront a number of choices as to how their compensatory arrangement may be structured and the tax consequences thereof. In the simplest case, an individual may render services to an enterprise in return for cash payments over the period of service. In this non-equity setting, the issue is straightforward and non-controversial. The service provider is treated as receiving ordinary income for services rendered. The return on his or her expenditure of human capital is taxed at progressive rates.

Once the relationship between the service provider and the enterprise becomes more complicated …

Envious Enemies Of The Cross Of Christ (Philippians 3:18), David E. Fredrickson

Faculty Publications

Contrary to the common understanding, the “enemies of the cross of Christ” in Phil 3:18 are the same people who “proclaim Christ from envy and rivalry” in 1:15. These “enemies” want Paul’s fame, but not the suffering that is built into loving.

Japan's Missile Defense, Norifumi Namatame

Electronic Theses and Dissertations

For some years, Japan has pursued its own missile defense system in cooperation with the United States. The Japanese government claims that the missile defense (JMD) program is purely defensive and will not pose a threat to other countries. JMD may seem justified by North Korea's development of ballistic missiles and nuclear weapons. However, neighboring states regarded it as a sign of military ambition and revival of Japan's prewar militarism. The development and deployment of JMD could have grave implications for regional and global security. This dissertation focuses on these implications, domestic and international political considerations and the future direction …

Acculturation And Mental Health Among Mexican Immigrant Women, Monique Diana Castaneda

Theses Digitization Project

The purpose of this study was to explore the relationships between the independent variable of acculturation and the dependent variable of mental health. The sample was drawn from a group of Mexican immigrant women residing in San Bernardino, California.

Perceptions Of Mental Health Services For Operation Iraqi Freedom And Operation Enduring Freedom Military Personnel: A Needs Assessment, Chrystal Anne Long, Jeffrey Lee. Soriano

Theses Digitization Project

The purpose of this study was to assess the perceptions of mental health services for OIF/OEF military personnel among military spouses and mental health practitioners. The professional and personal knowledge of the mental health practitioners and the military spouses provided valuable information about the effectiveness, availability, strengths, and weaknesses of the military's mental health services.

The Utah War And Its Mountain Meadows Massacre: Lessons Learned, Surprises Encountered, William P. Mackinnon

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Vol. 20 Num. 2 The Farms Review, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

The Palestinian Shahid And The Development Of The Model 21st Century Islamic Terrorist, Benjamin Timothy Acosta

Theses Digitization Project

The purpose of this study seeks to uncover the relationship between the political objectives of the primary Palestinian political entities, the methods used by those entities to pursue their goals, and the socio-cultural fluctuation vis-á-vis the acceptability of, and participation in, suicide terrorism that has occured as a result.

Compensations For Exile: A Lacanian Analysis Of Aeneas's Destiny And Dido's Tragedy In Virgil's Aeneid, Jessica Marie Hayes

Theses Digitization Project

This thesis will attempt to show that Dido's Tragedy, rather than reinforcing or celebrating a patriotic version of Homer's heroic code, offers a critical view of the suffering involved in the founding of a new nation, and thus of Aeneas's Destiny.

Cascading Infrastructure Failures: Avoidance And Response, George Baker, Cheryl Elliot

Selected Works

No critical infrastructure is self-sufficient. The complexity inherent in the interdependent nature of infrastructure systems complicates planning and preparedness for system failures. Recent wide-scale disruption of infrastructure on the Gulf Coast due to weather, and in the Northeast due to electric power network failures, dramatically illustrate the problems associated with mitigating cascading effects and responding to cascading infrastructure failures once they have occurred. The major challenge associated with preparedness for cascading failures is that they transcend system, corporate, and political boundaries and necessitate coordination among multiple, disparate experts and authorities. This symposium brought together concerned communities including government and industry …

Outlook Magazine, Winter 2008

Outlook Magazine

No abstract provided.

Quantum Dot / Optical Protein Bio-Nano Hybrid System Biosensing, Mark H. Griep

Dissertations, Master's Theses and Master's Reports - Open

The integration of novel nanomaterials with highly-functional biological molecules has advanced multiple fields including electronics, sensing, imaging, and energy harvesting. This work focuses on the creation of a new type of bio-nano hybrid substrate for military biosensing applications. Specifically it is shown that the nano-scale interactions of the optical protein bacteriorhodopsin and colloidal semiconductor quantum dots can be utilized as a generic sensing substrate.

This work spans from the basic creation of the protein to its application in a novel biosensing system. The functionality of this sensor design originates from the unique interactions between the quantum dot and bacteriorhodopsin molecule …

Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray

Loyola University Chicago Law Journal

No abstract provided.

Western Involvement In The Middle East: Imperialism And Its Effects, Jamie Elizabeth Dewitt

Theses Digitization Project

This study explores Britain's and the United States' relationship with the Middle East, as specific examples of the theory of imperialism. The economic motivations for Britain's involvement in the Middle East are shown to be similar to those of the United States' involvement, and both of these are consistent with the theory of imperialism.

Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan

UIC John Marshall Journal of Information Technology & Privacy Law

The author demonstrates how the convergences of technology, national security and an ever expanding media pose critical problems for the protection, dissemination and employment of information for national security purposes. Focusing on the methods and harms posed by the inadvertent and intentional disclosure of operational information, he proposes a three-part remedy that balances transparency with national security concerns and underscores the critical role that any information may hold in these days of heightened security.

Shared Dilemmas: Justice For Rape Victims Under International Law And Protection For Rape Victims Seeking Asylum, Lindsay Peterson

UC Law SF International Law Review

Rape is prohibited in every major domestic legal system and has long been a violation of customary international law, yet it is rarely prosecuted in either context. It was not until the 1990s, when women became actively involved in the international community through lobbying and occupying leadership positions, that the idea of rape as a crime against honor was reevaluated and modified to recognize rape as a violent crime. However, rape victims are still denied justice in many cases under international law and are denied protection from their attackers under U.S. domestic asylum law. This paper will examine the successes …

Camas, Winter 2008

Camas

First Person / Tim Gibbins, Bryce Andrews -- How to Hike the Grand Canyon / Greg Peters -- Discourse with a Lion / Michael Lukas -- Fences / Russ J. Van Paepeghem -- Snowpack / Elizabeth Grossman -- Out of Bounds / Kalie Rider -- Gold Leaf on Granite / William Keener -- Trinity / Chris Clarke -- Alkali / Allen Braden -- Lightning Storm on Mt. Edwards / Brenna Moloney -- A Letter to Fire / Katherine Standefer -- Hay Hooks / Allen Braden -- The Route / Scott Alexander Jones -- Front Cover and Bookmark Photo / Kip …

Itf Enhancing Human Security Annual Report 2008, Itf-Enhancy Human Security

Global CWD Repository

Since 1998, ITF has grown into an internationally recognized organization, supported by donations from extensive number of governments, public and private organizations, companies and individuals that has already surpassed the figure of 330 million USD. ITF contribution to the global fight against landmines and especially to the one in South East Europe (SEE) can not and must not be measured solely by numbers and statistical data. The contribution must be viewed in terms of its input to the restoration of conditions for cultural, social and economic lives of individuals and communities living in or emerging from war-torn society. Stable conditions …

A History In Limbo: A Human Rights Perspective On Conflict-Ridden Nepal, Claire Mueller

Independent Study Project (ISP) Collection

Nepal is at a historical junction, the recent victory of the second People’s Movement garnering a plethora of democratic reforms. Since the end of April, King Gyanendra has reinstated the House of Representatives, which then declared its supremacy and dramatically curtailed the king’s powers. Nepal has been declared a secular state; the Royal Nepal Army has been transformed the Nepali Army; a ceasefire has been created between the army and the Maoists - who are also participating in peace talks; and the seven-party alliance and the Maoists held a summit at which they agreed to frame an interim statute, form …

Sharpen The Blade: Void For Vagueness And Service Of Process Concerns In Civil Gang Injunctions, Ryan Young

McGeorge Law Review

No abstract provided.

The Patriot, V. 05, N. 06, Stony Brook University. Patriot.

The Patriot

v.: ill.; 32 cm (original analog pub.)

Ua3/9/1 Western Kentucky University Annual Report, Wku President's Office

WKU Administration Documents

WKU's annual report regarding finances, athletics, distance education and service.

Promoting Human Rights Through Indigenous Language Revitalization, Jon Reyhner

Intercultural Human Rights Law Review

The National Geographic Society's Enduring Voices project notes that about every two weeks another language dies, taking millennia of human knowledge and history with it. Writing in The Wall Street Journal, John J. Miller declared that the increasing pace of language death is "a trend that is arguably worth celebrating ... [because] age-old obstacles to communication are collapsing" and primitive societies are being brought into the modern world.2 However, many speakers of these languages lament their losses and see their identities threatened, as their mother tongues represent their links to their Creators. In the United States and many other countries …

Report Of The Commission To Assess The Threat To The United States From Emp Attack: Critical National Infrastructures, George Baker

Selected Works

The physical and social fabric of the United States is sustained by a system of systems; a complex and dynamic network of interlocking and interdependent infrastructures (“critical national infrastructures”) whose harmonious functioning enables the myriad actions, transactions, and information flow that undergird the orderly conduct of civil society in this country. The vulnerability of these frastructures to threats — deliberate, accidental, and acts of nature — is the focus of greatly heightened concern in the current era, a process accelerated by the events of 9/11 and recent hurricanes, including Katrina and Rita. This report presents the results of the Commission’s …

Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Reporting On Palin: Negotiations In Political Theater, Erin Ryan

Scholarly Publications

This short essay uses negotiation theory as a lens to analyze the McCain campaign's efforts to manipulate its media coverage during the 2008 presidential election. It offers a timely consideration of the troubling dynamic that can arise between the media and the campaigns that they cover, which often approximates a formal negotiation. The essay compares the campaign's strategies for managing press coverage of its candidates to the well-researched techniques of competitive bargainers, including anchoring tactics, the scarcity effect, and psychological warfare. It reviews how reporters are uniquely hamstrung in coping with competitive bargaining tactics compared to ordinary negotiators, and tailors …

The Legal Cases In The Book Of Mormon, John W. Welch

Maxwell Institute Publications

The Legal Cases in the Book of Mormon begins with a discussion of important background information, including legal practices in the ancient Near East, the ideal of righteous judgment, and the legal cases recorded in the Bible. John W. Welch then devotes a chapter to each of the legal cases in the Book of Mormon—from the formative cases of Sherem and Abinadi to the landmark trials of Nehor and Korihor, the wrenching prosecution of Alma and Amulek, and the politicized proceedings of Paanchi and Seantum.