Digital Commons Network^™

Bgsu Football Media Guide 2008, Bowling Green State University. Department Of Athletics

Football Media Guides

Media guide for Bowling Green State University's 2008-2009 football season.

Dictionary Of Invertebrate Zoology, Mary Ann Basinger Maggenti, Armand R. Maggenti, Scott Gardner

Zea E-Books Collection

An exhaustive dictionary of over 13,000 terms relating to invertebrate zoology, including etymologies, word derivations and taxonomic classification. Entries cover parasitology, nematology, marine invertebrates, insects, and anatomy, biology, and reproductive processes for the following phyla: Acanthocephala Annelida Arthropoda Brachiopoda Bryozoa Chaetognatha Cnidaria Ctenophora Echinodermata Echiura Entoprocta Gastrotricha Gnathostomulida Kinorhyncha Loricifera Mesozoa Mollusca Nemata Nematomorpha Nemertea Onychophora Pentastoma Phoronida Placozoa Platyhelminthes Pogonophora Porifera Priapula Rotifera Sipuncula Tardigrada.

doi:10.13014/K2DR2SN5

Fearing Islam In Uzbekistan : Islamic Tendencies, Extremist Violence, And Authoritarian Secularism, Russell Zanca

Anthropology Faculty Publications

No abstract provided.

What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wisconsin v. Yoder (decided in 1972) has changed the constitutional landscape of custody cases - - and it has done so in a way that is unsound both as a matter of law and policy. Following Yoder, most courts require a showing of harm to the child, or a substantial threat of harm to the child, before placing any restrictions on exposure to a parent’s religious beliefs and practices. This harm standard leaves children in an untenable position when parents compete for “spiritual custody,” …

Stage Center Theatre Newsletter- Apr. 2008, Anna Antaramian

Stage Center

No abstract provided.

Stage Center Theatre Newsletter- Sep. 2008, Colleen Mccready

Stage Center

No abstract provided.

Stage Center Theatre Newsletter- Nov. 2008, Colleen Mccready

Stage Center

No abstract provided.

Stage Center Theatre Newsletter- Dec. 2008, Colleen Mccready

Stage Center

No abstract provided.

The More Things Change: A Psychological Case Against Allowing The Federal Sentencing Guidelines To Stay The Same In Light Of Gall, Kimbrough, And New Understandings Of Reasonableness Review, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

In December 2007, through two decisions, the Supreme Court sought to clean up the confusion that it created just shy of three years earlier when it rendered the Federal Sentencing Guidelines advisory in United States v. Booker and called for circuit courts to begin reviewing sentences for "unreasonableness." In one of those December decisions, Gall v. United States, the Court clarified what it meant by reasonableness review and explained that such review had both a procedural and substantive component. In the other decision, Kimbrough v. United States, the Court gave more meaning to the substantive component, …

Exploring (Social) Class In The Classroom: The Case Of Lucy, Lady Duff-Gordon, Miriam A. Cherry

Faculty Publications

(Excerpt)

Wood v. Lucy, Lady Duff-Gordon (the "Lucy Case") presents a rich teaching vehicle for the first year of contracts for multiple reasons. Another participant in this symposium has discussed the Lucy Case to laud its value in teaching fact analysis or issue spotting. Others have commented upon the case for its doctrinal utility in explaining the concepts of illusory contracts, exclusive dealing and best efforts. The historical background, the opinions of Benjamin Cardozo and the opportunity to introduce feminist jurisprudence and law and economics concepts into the first year course are also fertile ground for discussion. Knowing …

Loving Gender Balance: Reframing Identity-Based Inequality Remedies, Darren Rosenblum

Faculty Publications

(Excerpt)

The egalitarian voice of the U.S. Supreme Court resonates forty years after it abolished antimiscegenation laws in Loving v. Virginia. While Loving's vigor influences contemporary debates on sex-related marriage restrictions, its impact extends to the hopes and tensions that undergird and unite equality movements. Half a world away, Norway's Corporate Board Quota (CBQ), recently began enforcing a forty percent floor for both sexes on publicly traded companies' boards of directors.

At first glance, Loving's affirmation of an interracial marriage in the face of the state's opprobrium seems impossibly divergent from the CBQ. Loving concerned de jure …

Twombly: The Demise Of Notice Pleading, The Triumph Of Milton Handler, And The Uncertain Future Of Private Antitrust Enforcement, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In a 7-2 decision, the Supreme Court in Bell Atlantic Corp. v. Twombly reversed the Second Circuit and held that a complaint that alleged mere parallel behavior among rival telecommunications companies, coupled with stray statements of agreement that amounted to legal conclusions, failed as a matter of law to state a claim for an antitrust conspiracy in violation of the Sherman Act. The Court ruled that in order to withstand a motion to dismiss, an antitrust conspiracy complaint must plead such factual material that, if taken as true, would suggest that the defendants have entered into an unlawful agreement. …

Unauthorized Payment Transactions And Who Should Bear The Losses, Francis J. Facciolo

Faculty Publications

This article is concerned with how losses should be allocated between account holders that are implicated in payment systems and the financial institutions that participate in those payment systems by acting as intermediaries between account holders. The account holders that are discussed in this article are not limited to individual consumers. This article also examines how an unauthorized transaction can be prevented and what this suggests about who should bear the loss of such a transaction. In doing so, this article looks at two moments at which an unauthorized payment transaction might be prevented: before the first unauthorized transaction, and …

An Interview With Kenneth A. Bruffee, Michele A. Eodice

The Writing Center Journal

No abstract provided.

The Milberg Weiss Prosecution: No Harm, No Foul?, Michael A. Perino

Faculty Publications

(Excerpt)

In the late 1990s, the lawyers at Milberg Weiss Bershad Hynes & Lerach were the undisputed kings of securities fraud class actions. Melvyn Weiss, the dean of the securities class action bar and a co-founder of the firm, ran its New York office. Bill Lerach, frequently described as the most hated man in Silicon Valley because of his penchant for suing high technology issuers, ruled its west coast operations. To say that the validity of the firm’s business was a matter of some contention, vastly understates matters. Although some view securities class actions as a necessary supplement to under-resourced …

Sarbanes-Oxley Five Years Later: Will Criticism Of Sox Undermine Its Benefits?, Cheryl L. Wade

Faculty Publications

(Excerpt)

In 2002, the Sarbanes-Oxley Act1 ("SOX" or the "Act") not only changed the details relating to financial reporting, internal controls, and corporate governance in general, but also changed the discussion about corporate climates and cultures, at least temporarily. The political discourse leading up to SOX's enactment in the aftermath of the accounting debacles of 2001 and 2002 was replete with discussions about more ethical and responsible corporate governance. The Act's passage, accompanied by the get-tough-on-Corporate-America speeches made by President George W. Bush and others changed the way corporate actors discuss their ethical obligations. The Act's strict requirements regarding financial …

The Sarbanes-Oxley Act And Ethical Corporate Climates: What The Media Reports; What The General Public Knows, Cheryl L. Wade

Faculty Publications

(Excerpt)

The question for participants in the Securities Regulation Section’s program at the 2008 AALS Annual Meeting was whether recent securities regulation reforms hit their mark. I focus in this essay on The Sarbanes-Oxley Act of 2002 (SOX or the Act), the most important legislative reform of securities markets in recent decades. Enacted to assuage public outrage about corporate greed and malfeasance ignited by media reports describing debacles at Enron, WorldCom, Adelphia, Tyco and other companies in 2001 and 2002 (the Corporate Scandals), SOX represented a legislative and political response to public resentment of what some considered a morally impaired …

Tax Malpractice Damages: A Comprehensive Review Of The Elements And The Issues, Jacob L. Todres

Faculty Publications

(Excerpt)

This Article explores the proper measure of damages in tax malpractice litigation. Assuming a plaintiff establishes negligence by a tax advisor and the other requisite elements of the cause of action, exactly what damages may be recovered? May the plaintiff recover additional taxes owed? What about recovery of interest, penalties, and lawyer's or accountant's fees? What about recovery of consequential damages, such as those for emotional distress or mental anguish? What if, as a result of the tax advisor's negligence, the plaintiff is audited and other, unrelated deficiencies are uncovered that likely never would have come to light but …

Faith In The Rule Of Law, Marc O. Degirolami

Faculty Publications

This is an essay on Brian Z. Tamanaha's Law as a Means to an End: Threat to the Rule of Law (2006).

For all but the most unflinching consequentialist, "instrumentalism" tends to draw mixed reviews. So it does from Brian Tamanaha. His book, Law as a Means to an End: Threat to the Rule of Law, documents with measured diffidence the ascendancy and current reign of "legal instrumentalism," so entrenched an understanding of law that it is "taken for granted in the United States, almost a part of the air we breathe." Professor Tamanaha shows that in our legal theorizing, …

International Commercial Arbitration And International Courts, Mark L. Movsesian

Faculty Publications

The editors of this symposium have asked us to address an interesting question. Why hasn't international commercial arbitration’s (ICA's) success been repeated in the context of international courts? In the last few decades, states have created scores of permanent tribunals with jurisdiction to resolve disputes about international law. By and large, though, states have not been as receptive to the rulings of these tribunals. What accounts for this comparative lack of hospitality? Why do states treat ICA and international adjudication so differently?

In this essay, I offer an explanation. States treat ICA and international adjudication differently because they are categorically …

Automating Material Delivery Records, Joo Hyoung (Jay) Lee, Bob Mccullouch

JTRP Technical Reports

This project investigated methods on automating field data collection of materials. The method chosen and investigated was bar codes. The automated process requires material suppliers to produce delivery forms that can be recorded and tracked using bar codes. The report describes a system configuration that shows a conceptual process to electronically transfer materials information between the material supplier, trucking company, INDOT personnel and contractor. Other activities reported include survey results from other state transportation agencies, material suppliers, and concrete paving companies. Also, investigated was how to interface with SiteManager software. Recommendations described hardware options for using bar codes and industry …

Analysis Of Laterally Loaded Piles In Multilayered Soil Deposits, Dipanjan Basu, Rodrigo Salgado, Monica Prezzi

JTRP Technical Reports

This report focuses on the development of a new method of analysis of laterally loaded piles embedded in a multi-layered soil deposit treated as a three-dimensional continuum. Assuming that soil behaves as a linear elastic material, the governing differential equations for the deflection of laterally loaded piles were obtained using energy principles and calculus of variations. The differential equations were solved using both the method of initial parameters and numerical techniques. Soil resistance, pile deflection, slope of the deflected pile, bending moment and shear force can be easily obtained at any depth along the entire pile length. The results of …

The Case For "Thinking Like A Filmaker": Using Lars Von Trier's Dogville As A Model For Writing A Statement Of Facts, Elyse Pepper

Faculty Publications

Part I of this Article introduces movies as a persuasive medium. Part II examines the value of movies as teaching tools in the law school context. Part III breaks down the movie Dogville and demonstrates how it might be used to create two Statements of Facts in a fictionalized criminal case. Part IV recaps the lessons learned from using a film as a model for fact writing.

2008 - Performances, Neiu Music Department

Music Department Performance Programs

Student Recital, Graduate Recital, Faculty Recital, Summer Jazz Band, Tuesday's Children, Jazz Lab Band, Stahl Mates, Caribe,Percussion Ensemble, Percussion Showcase, Vocal Showcase,

Convertible Night, Flurry Of Stones, Dzvinia Orlowsky

English Faculty Publications

Gertrude Stein writes: "Pink looks as pink, pink looks as pink, as pink as pink supposes, suppose." Dzvinia Orlowsky's poems in her new book are strung along the tension of a black thread stretched to near snapping as her tenacious, feisty speaker refuses for all women the typecast as another breast cancer statistic, another bumper sticker pink bow. Equal parts shepherd, punk, and auburn-wigged angel, Orlowsky, with torches in her hand, illuminates this dark passage with images of startling originality and honesty. The clear voice in this book joins those whose lives have been and continue to be altered by …

Prediction Markets And The First Amendment, Miriam A. Cherry, Robert L. Rogers

Faculty Publications

The continuing development of prediction markets is important because of their success in foretelling the future in politics, economics, and science. In this article, we identify the expressive elements inherent in prediction markets and explore how legislation such as the Unlawful Internet Gambling Enforcement Act of 2006 might harm such predictive speech. This article is the first to explore First Amendment protections for prediction markets in such depth, and in so doing, we distinguish prediction markets from other regulated areas such as gambling, commodities, and securities trading. The article’s examination of prediction markets also illustrates the limitations of current commercial …

Working (With) Workers: Implementing Theory, Miriam A. Cherry

Faculty Publications

(Excerpt)

The topic of this symposium issue sponsored by the Association of American Law Schools (AALS) is the role of the labor and employment law professor as a public intellectual. Despite the baggage accompanying the phrase "public intellectual," the symposium topic is an important one, for the term carries more meaning than a mere "talking head" or "media figure" can express. To make theoretical ideas more accessible to others, to connect theory and practice, to explain academic or scholarly ideas in a way that the public can understand—these ideas resonate with my philosophy of the law professor's role. In fact, …

Vertical Price Restraints After Leegin, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the Supreme Court by a vote of 5-4 overruled the century old per se ban on resale price maintenance ("r/p/r") enunciated in the Dr. Miles case. The Court did not rule that r/p/m is lawful per se but rather held that vertical price restraints should be adjudged under the broader rule of reason analysis. The decision was not unexpected; and, indeed, it was welcomed in many quarters. From one perspective, Leegin is a long overdue ruling that simply brings treatment of r/p/m into line with the treatment of vertical …

Federalism And Horizontality In International Human Rights, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

The advent of the international human rights system is one of the many changes to international law since the time Missouri v. Holland was decided. As other contributions to this symposium note, one of the challenging federalism questions raised by Holland in this new era is the effect of international human rights treaties and emerging customary international human rights law on U.S. states. And just as the creation of the international human rights regime has affected domestic analysis of federalism, the international human rights system has itself adjusted to the processes of federalism.

The human rights regime is largely …

Three Narratives Of Medellín V. Texas, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

Every once in a while, a Supreme Court case comes along that holds a mirror up to the changing face of the American polity. Medellín v. Texas (Medellín II) is such a case, reflecting divisive national debates over immigration, the death penalty, victims' rights, the scope of executive power, U.S. adherence to international human rights standards, the salience of international law to national security, and the appropriate role of judicial review of political decisions. Which of those issues stands out among the reflected images depends on who is peering into the mirror.

For international law scholars, the significance of …