Digital Commons Network^™

Taking Action In New York On Climate Change, Michael B. Gerrard, David Driesen, Veronica Eady Famira, J. Kevin Healy, Katrina Kuh, Edward Lloyd, Eileen Millett, David Paget, Virginia Robbins, Patricia Salkin, James Sevinsky, James Van Nostrand

Faculty Scholarship

The New York State Bar Association (NYSBA) Task Force on Global Warming (the Task Force) has been convened by NYSBA President Bernice Leber to summarize New York’s existing laws and programs regarding climate change and to make specific proposals that the State can implement in a timely and cost-effective fashion to reduce greenhouse gas (GHG) emissions and to prepare for the impacts of climate change. New York has taken many steps to address climate change; however, there is much more that can be done. The Task Force has not attempted to comprehensively suggest every possible action, but rather has selected …

Interpretive Bulletin 08-1 And Economically Targeted Investing: A Missed Opportunity, Edward A. Zelinsky

Articles

No abstract provided.

Happy Families? Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

Social Impact, Edward F. Lawler, Ellen Rostand, Michelle Kassman, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, A.J. Agee

Social Impact Publication

From the Dean: Our Work in this Economy.;

Interview: Q&A with Paul C. Brophy;

Bookshelf: Understanding Assets: Two new books explore the impact of ownership and assets on individuals and communities;

Perspectives with Matthew Kreuter: Communication Connections;

Building a New Paradigm: Transdisciplinary Research Comes to the Forefront;

A Sense of Place: Place-Based Initiatives Help Communities and Students;

Notebook: Research: Tutoring Produces Big Gains in Student Learning;

Notebook: Research: Free Exercise and Nutrition Program in Brazil Could Serve as Model in United States;

Notebook: Research: Growing Problem for Veterans-Domestic Violence;

Notebook: Message of Service Drives Surge in Peace Corps Applications;

Notebook: …

The Cultural Defense: Reflections In Light Of The Model Penal Code And The Religious Freedom Restoration Act, Kent Greenawalt

Faculty Scholarship

I wrote this essay after participating in a 2006 workshop on Criminal Law and Cultural Diversity, which discussed, among other subjects, the wisdom of providing a "cultural defense." Uncertain just how far such a defense might expand on defenses already available, I undertook to explore that topic.

The phrase "a cultural defense" suggests an either/or choice that any legal system might make. That matters are much more complex than this is part of the burden of this essay. A "cultural defense" in its most general sense refers to a wide range of ways in which evidence about a defendant's cultural …

Explaining The Sioux Military Commission Of 1862, Maeve Glass

Faculty Scholarship

Part I of this Note describes current scholarship on the history of military commissions and identifies a gap in the prevailing narrative, namely, an explanation for why the military favored a legal process over collective reprisals or summary executions. Part II seeks to address this gap, by examining the circumstances in which the military convened the commission and the context in which President Abraham Lincoln approved it. Part III concludes that this historical perspective helps clarify the original role of military commissions as articulated in the Supreme Court case of Hamdan v. Rumsfeld and calls into question whether an institution …

The Pto And The Market For Influence In Patent Law, Clarisa Long

Faculty Scholarship

As statutory schemes go, the patent statute has been relatively stable from 1952 to the present. In contrast to copyright law, where Congress has taken a close – indeed at times intense – interest in the details of the statutory scheme, legislative intervention into the patent statute, when it has occurred, has been more limited and narrower in scope. For many reasons, however, patent law has been disequilibrating over time, and calls for patent reform have been increasing in intensity. One of the many factors contributing to this disequilibration in recent years has been the ongoing emergence of the U.S. …

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

No abstract provided.

The Interdependent Relationship Between Internal And External Separation Of Powers, Gillian E. Metzger

Faculty Scholarship

It has been the best of times and the worst of times for internal separation of powers. Over the past few years, internal checks on executive power have been a central topic of legal academic debate – rarely have details of public administrative structure received so much attention. To some extent, this sudden popularity reflects growing interest in questions of institutional design. Unfortunately, however, another reason for this attention is the prominent erosion and impotence of such internal constraints under the recent administration of President George W. Bush.

Subsidizing Charitable Contributions: Incentives, Information, And The Private Pursuit Of Public Goals, David M. Schizer

Faculty Scholarship

The charitable deduction has enjoyed relatively little support in the legal academy. Many commentators have asked what it adds to the tax system and, as critics such as Stanley Surrey and Paul McDaniel have observed, the deduction obviously does not itself collect tax revenue. Defenders respond that the deduction helps to measure income and to keep taxpayers from inefficiently substituting leisure for work, but these points are, of course, contested. Instead of revisiting debates about what the deduction adds to the tax system, this Article focuses on the broader question of what it adds to the pursuit of public goals. …

Plain Language Patents, Robin Feldman

Faculty Scholarship

No abstract provided.

Trademarks And Human Rights: Oil And Water - Or Chocolate And Peanut Butter, Megan M. Carpenter

Faculty Scholarship

In recent years, there has been a growing discourse at the intersection of intellectual property and human rights. Whether there is a direct connection between intellectual property, or the subjects of intellectual property, on the one hand, and human rights, on the other, has been the subject of lively debate. Most recently, the discussion has turned to the field of trademarks, which has prompted the question, Are trademarks human rights? In this article I seek to explore this question, and to consider directly whether there is a proper place for trademarks within the human rights framework-whether trademarks and human rights …

Green Jobs Myths, Andrew P. Morris, William T. Bogart, Andrew Dorchak, Roger E. Meiners

Faculty Scholarship

A rapidly growing literature promises that a massive program of government mandates, subsidies, and forced technological interventions will reward the nation with an economy brimming with green jobs. Not only will these jobs improve the environment, but they will be high paying, interesting, and provide collective rights. This literature is built on mythologies about economics, forecasting, and technology.

In this Article, we survey the green jobs literature, analyze its assumptions, and show how the special interest groups promoting the idea of green jobs have embedded dubious assumptions and techniques within their analyses. Before undertaking efforts to restructure and possibly impoverish …

Borders And The Environment, Andrew P. Morriss, Roger E. Meiners

Faculty Scholarship

Despite regular acknowledgement of the interconnectedness of global ecosystems, government policies at the national level focus on environmental problems within their borders. As a result, the level of public and private resources expended on environmental protection in rich and poor countries is dramatically different on both a per capita and an absolute basis. While this outcome is readily explained by the politics of environmental issues, in which voters reward governments for domestic expenditures but are skeptical of expenditures outside the jurisdiction, these differences mean that the total amount of environmental quality purchased across nations is lower than it could be. …

Disestablishing Environmentalism, Andrew P. Morriss, Benjamin D. Cramer

Faculty Scholarship

The debate over environmental policy is increasingly conducted in language with strong religious overtones. Both proponents and opponents of various environmental policies appeal to religious doctrine to support their positions: Those who question human-caused global warming are labeled "heretics, " while appeals for environmental "stewardship" echo Biblical texts. Religious groups play an important role in defining environmental policy issues, and both supporters and critics of specific environmental policy views have labeled particular sets of beliefs about the environment a "religion." In this Article we engage in a thought experiment, arguing that there are valuable lessons to be learned from treating …

Are You A Boy Or A Girl - Show Me Your Real Id, James Mcgrath

Faculty Scholarship

Although many official documents and forms of identification contain a sex or gender identifier, gender, as a category on these documents, is not very helpful in confirming a person's identity. If the purpose of the inclusion of gender on official documents is to accurately identify an individual, technological advances have given us more accurate methods of ensuring a person's identity. Technologies such as fingerprinting, facial recognition and retinal scans are far superior methods of determining whether a person is who they claim to be. The use of gender or sex on identification cards does little to positively identify individuals, and …

Sticks And Stones, The Words That Hurt: Entrenched Stereotypes Eight Years After 9/11, Sahar F. Aziz

Faculty Scholarship

Notwithstanding the passage of eight years, "post-9/11 discrimination" persists, most profoundly in the workplace. While the volume of cases has seemingly decreased, negative stereotypes of Muslims and Arabs have become entrenched into popular culture and consequently more prevalent in the workplace. One need only recall the 2008 presidential elections where allegations that Barack Obama was a Muslim or Arab were in effect racial slurs and ethnic epithets. Months after Barack Obama's inauguration, anti-Muslim sentiment continues in the form of the growing "Birther" movement challenging the validity of President Obama's Hawaiian birth certificate, and ultimately the legitimacy of his presidency, on …

"Ordinary Talents And Extraordinary Perseverance": The Life Of Sir Thomas Fowell Buxton, David Bruce

Dissertations (1934 -)

Born into a gentry family with roots in the Society of Friends, the evangelical social conscience of Thomas Fowell Buxton (1786-1845) was developed as he operated a brewery in Spitalfields, perhaps London's poorest parish. He was instrumental in raising funds for poor relief and establishing soup and bread kitchens there during the winter of 1816-1817. His interest and research on penal discipline brought him national prominence and led to a parliamentary seat which he held for nearly two decades. Buxton's association with noted activist William Wilberforce (1759-1833) led to his own involvement in the anti-slavery movement, a cause he fiercely …

The Primary Prevention Of Sexual Violence Against Adolescents In Racine County And The Community Readiness Model, Theresa A. Dewalt

Dissertations (1934 -)

Sexual violence affects tens of thousands of people annually in the United States. The majority of sexual assault victims are under the age of 18. Victims of sexual violence often experience severe, long-lasting ramifications, including post-traumatic stress disorder, depression, anxiety, interpersonal problems, suicidal ideation, self-harm behaviors, and eating disorders. As a result of these effects, it is imperative that communities provide effective primary prevention of sexual violence programs. However, it is challenging to effectively implement sexual violence primary prevention strategies for a variety of reasons. One challenge is because it is difficult to construct a prevention program that changes the …

Depression Among The Oneida: Case Studies Of The Interface Between Modern And Traditional, Mark R. Powless

Dissertations (1934 -)

Depression, defined by a EuroAmerican biomedical diagnostic criterion, using the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition, Text Revision is prevalent among First Nations peoples. However, some studies suggest that the term depression may hold little heuristic value outside of its EuroAmerican conceptualization. This study utilized qualitative methods to understand how depressive symptoms are conceptualized and experienced by traditional Oneida people. A vignette was presented and in-depth interviews of seven traditional healers, culture and Oneida language experts were conducted to: (1) gain a basic understanding of traditional views of mental health, (2) acquire multiple conceptualizations of someone who presents …

Beyond Stewardship: Toward An Agapeic Environmental Ethic, Christopher J. Vena

Dissertations (1934 -)

This dissertation is a work in theological anthropology and environmental philosophy. It seeks to provide a conceptual framework for a Christian environmental ethic rooted in love.

The heart of the crisis of ecological degradation is found in human attitudes and behaviors. In the late 1960's it was suggested that Christianity was a key source of the problem because it promoted the idea of human "dominion" over creation. This spurred a variety of responses designed to show that Christian faith was compatible with environmental care. A key theme emerging from this debate was the image of humans as Stewards of God's …

Watersheds Of Utah, R. Douglas Ramsey, Roger E. Banner, Ellie Leydsman Mcginty

Wildland Resources Faculty Publications

The USDA Natural Resources Conservation Service (NRCS) and the United States Geological Survey (USGS), as part of a national effort, have generated watershed, or hydrologic, boundaries for the United States. Hydrologic boundaries define the aerial extent of surface water drainage to a point. Hydrologic units, through four levels, were created in the 1970s. Since the 1970s, the USGS developed a hierarchical hydrologic unit code (HUC) for the United States. The hierarchical system divides the country into 21 regions, 222 sub-regions, 352 basins, and 2,149 sub-basins. During the late 1970s, the NRCS initiated a national program to divide the sub-basins into …

A View Through The Mountains: The Peacebuilding Work Of Zeinab Mohamed Blandia In The Nuba Mountains Of Sudan, Jennifer Freeman

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, a question-and-answer transcript of select interviews, and a table of best practices in peacebuilding as demonstrated and reflected on by the peacemaker during her time at the Joan B. Kroc Institute for Peace & Justice.

Zeinab Mohamed Blandia, …

Keeper Of The Soul Of The People: The Life And Work Of Bae Liza Llesis Saway Of The Philippines, Alicia Simoni

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, a question-and-answer transcript of select interviews, and a table of best practices in peacebuilding as demonstrated and reflected on by the peacemaker during her time at the Joan B. Kroc Institute for Peace & Justice.

Bae Liza Llesis …

Thinking, The Unconscious And Film, John Carvalho

Contemporary Aesthetics (Journal Archive)

In this essay, we explore a non-standard model of the unconscious, what Gilles Deleuze and Félix Guattari call the “productive unconscious,” to correct the too-often reductive tendencies of psychoanalysis and film. This introduces the image of a form of thinking we may find in our encounters with film that aims more at pleasure-taking than problem-solving and that, in so doing, really gets us to think. Drawing on this productive unconscious, we come to a richer appreciation of classic Hollywood cinema, a new understanding of classic, nouveau vague and neo-realist films, and we enjoy the chance to ignore the rules and …

The Sensory Intention -- Art, Motif, And Motivation: A Comparative Approach, Yves Millet

Contemporary Aesthetics (Journal Archive)

Philosophers like Gilles Deleuze claimed a new outlook for aesthetics asking for a rethinking of the traditional separation between the theory of sensibility and the theory of art. From a comparative standpoint, this article examines the concept of 'sensory intention' which in our view might be able to bridge the gap between acting and doing and therefore to link the theory of sensibility and the theory of art.

Traditional Chinese art, and more specifically the script style caoshu[草書],has been chosen as the medium through which to illustrate the theoretical discussion. Analysis of traditional Chinese thought on art allows us to …

The Clean Water Act And Power Plant Cooling Water Intake Structures, John H. Minan

San Diego Journal of Climate & Energy Law

The focus of this Article in on a subtler, but no less important, part of the climate change story involving energy and water. The focus in on the federal regulation of existing once-through-cooling (OTC) intake structures that are used by large steam electric-generating power plants. OTC, closed-cycle (CC) cooling, and dry-cooling (DC) each perform the same function, which is the removal of waste heat from the steam cycle after it has generated electricity.
...
The elimination of OTC systems would have a salutatory effect on the aquatic environment because fewer marine organisms would be destroyed by impingement and entrainment. But …

Bulletin Of The University Of San Diego School Of Law 2009-2011, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

70 pages : illustrations, photographs ; 18.5 x 28 cm

2008 Season At Tall Jalul, Jordan, Randall W. Younker Editor

Faculty Publications

No abstract provided.

Insincere And Involuntary Public Apologies, Lisa Kern Griffin

Faculty Scholarship

No abstract provided.