Digital Commons Network^™

Recodification In Louisiana And Latin America, Olivier Moreteau, Agustín Parise

Journal Articles

No abstract provided.

Hugo Black And Judicial Lawmaking: Forty Years In Retrospect, Paul R. Baier

Journal Articles

No abstract provided.

International Law And Domestic Legitimacy: Remarks Prepared For Lincoln’S Constitutionalism In Time Of War: Lessons For The Current War On Terror?, Scott Sullivan

Journal Articles

No abstract provided.

Original Jurisdiction Deadlocks, Michael Coenen

Journal Articles

When a member of the Supreme Court is unable to hear a case, the remaining Justices will occasionally split 4-4 on the case's merits. Normally, such a tie vote translates into a summary affirmance of the lower court ruling, but it remains an open question how the Court should deal with deadlock in the original jurisdiction context, where by definition there is no lower court ruling to affirm. The Court has from its inception lacked a clear and principled approach to original jurisdiction deadlocks (OJDs), and as a result it has dealt awkwardly with those it has confronted in the …

Construction Contractors With Conforming Changes As Of May 1, 2009; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Construction Contractor Guide Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Employee Benefit Plans With Conforming Changes As Of March 1, 2009; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Employee Benefit Plans Committee Force Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Investment Companies, With Conforming Changes As Of May 1, 2009; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Investment Companies Guide Task Force

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Real Estate And Construction Industry Developments - 2009; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Not-For-Profit Entities - Accounting Issues And Risks - 2009; Financial Reporting Alert, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Checklists And Illustrative Financial Statements : Health And Welfare Benefit Plans, April 2009 Edition, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Checklists And Illustrative Financial Statements : Defined Contribution Pension Plans, April 2009, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Fighting Against Biopiracy: Does The Obligation To Disclose In Patent Applications Truly Help?, Jacques De Werra

Vanderbilt Journal of Transnational Law

In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge and genetic resources by requiring that patent applicants for inventions involving traditional knowledge and genetic resources disclose the source of those resources and provide evidence that the prior informed consent of the local owners of such resources has been obtained and that benefit-sharing agreements have been entered into with those owners.

This Article argues that a legal discussion of biopiracy should analyze the obligation to disclose the use of traditional knowledge and genetic resources in an invention …

Establishing An Aggressive Legal Framework For The Future Of Wind Energy In Europe, Tyler Hagenbuch

Vanderbilt Journal of Transnational Law

Europe is the world's frontrunner in wind energy, and European governments are committed to aiding renewable energy entrepreneurs and investors. In April 2009, the EU passed a new Climate Action Directive. The Directive set goals for both increased use of renewable energy and decreases in greenhouse gas emissions. Despite this legislative success, the Climate Action Directive was widely criticized as insufficient and ineffective. Indeed, there are numerous substantive concessions given to industry in the emission reduction portion of the Directive. Dissenters argued the weaknesses of the emissions reduction Directive squandered the EU's opportunity to be a world leader in energy …

Strafford County 2008 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2008., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

Elephant In The Boardroom?: Counting The Vote In Corporate Elections, Richard W. Barrett

Valparaiso University Law Review

No abstract provided.

Honduras: Coup D’Etat In Constitutional Clothing?, Douglass Cassel

Journal Articles

Legal confusion has clouded the recent de facto change of government in Honduras. Some of this arises from the passionate political debate over President Manuel Zelaya and his de facto removal. Without entering that debate, this analysis addresses only questions of international law and related questions of law.

Despite the condemnation of the coup d’état by the United Nations, the Inter-American Commission on Human Rights, and the OAS, and by many governments including the United States, and despite suspension of Honduras from receipt of U.S. and European aid, and from participation in the OAS, diplomatic efforts to return President Zelaya …

Proportional Mens Rea, Stephen F. Smith

Journal Articles

This Essay makes the case for "proportional mens rea," a proportionality-based approach to mens rea selection. Proportional mens rea would provide proportionality safeguards that are otherwise entirely lacking in substantive criminal law and,as a practical matter, unavailable in constitutional law. Creating implied mens rea requirements, where necessary to ensure proportional punishment, is not a judicial usurpation of a legislative function. Rather, it is to take seriously the role that courts play, under both constitutional and substantive criminal law, to ensure that punishment "fits" the crime. Moreover, proportional mens rea would represent a needed counterweight to prosecutorial behavior whereas current doctrine …

After Iraq: The Search For A Sustainable National Security Strategy, Colin S. Gray Dr.

Books, Monographs & Collaborative Studies

A sustainable national security strategy is feasible only when directed by a sustainable national security policy. In the absence of policy guidance, strategy will be meaningless. The only policy that meets both the mandates of American culture and the challenges of the outside world is one that seeks to lead the necessary mission of guarding and advancing world order. The author considers and rejects a policy that would encourage the emergence of a multipolar structure to global politics. He argues that multipolarity not only would fail to maintain order, it would also promote conflict among the inevitably rival great powers. …

Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of?, David H. Kaye

Faculty Scholarship

DNA evidence is often presented as the “gold standard” for forensic science. But this was not always the case. For years, eminent scientists complained that the estimates of the tiny frequencies of DNA types were unfounded. It took scores of research papers, dozens of judicial opinions, and two committees of the National Academy of Sciences to resolve the dispute by the mid-1990s. Since 2000, however, reports have surfaced of shocking numbers of “partial matches” among samples within large DNA databases, and some scientists have complained that the infinitesimal figures used in court to estimate the probability of a random match …

Rounding Up The Usual Suspects: A Logical And Legal Analysis Of Dna Trawling Cases, David H. Kaye

Faculty Scholarship

Courts are beginning to confront a problem that has divided the scientific community - whether identifying a defendant by fishing through a database of DNA types to find a match to a crime-scene sample reduces the significance of a match. For years, the problem seemed academic. Now that the U.S. has more than five million DNA profiles from convicted offenders and suspects in a national, computer-searchable database, the question has assumed more urgency. Increasingly, individuals are being charged with crimes as a result of a match between their recorded profile and the DNA from a victim or scene of a …

The Copyright Revision Act Of 2026, Jessica Litman

The Honorable Helen Wilson Nies Memorial Lecture

Congress may be persuaded to embark on a new round of copyright revision. If history is any guide, a revised copyright law is likely to be longer, broader, more complicated and less flexible than the one we have now. Before committing ourselves to that enterprise, Prof. Litman suggests we take the opportunity to imagine what the copyright system might look like if we were free to write on a blank slate. We should enact a statute that is much shorter and simpler, that gives creators a larger share of copyright goodies and distributors a smaller one, and that builds in …

Why Intellectual Property Rights Infringement Remains Entrenched In The Philippines, Andrew Jaynes

Pace International Law Review

No abstract provided.

The Legacy Of The Nuremberg Doctors' Trial To American Bioethics And Human Rights, George J. Annas

Minnesota Journal of Law, Science & Technology

No abstract provided.

What Is Really Fair: Internet Sales And The Georgia Long-Arm Statute, Ryan T. Holte

Minnesota Journal of Law, Science & Technology

No abstract provided.

Has Non-U.S. Case Law Recognized A Legally Protected Autonomy Right?, Nili Karako-Eyal

Minnesota Journal of Law, Science & Technology

No abstract provided.

Contextualizing Environmental Human Rights: A Relativist Perspective, Roda Mushkat

Pace Environmental Law Review

No abstract provided.

The Literature Of Difference In Cultures Of Science, Scout Calvert

University of Nebraska-Lincoln Libraries: Faculty Publications

Review of The Nature of Difference: Sciences of Race in the United States from Jefferson to Genomics, edited by Evelynn M. Hammonds and Rebecca M. Herzig.

The Nature of Difference is a timely addition to conversations about race and genomics, organized so as to allow readers to make new connections between contemporary discourses and the histories of science and race. The text’s selections and the organization of the selections with introductory material are especially helpful, serving as navigational aids to the sometimes astounding statements of racial fact that could otherwise be conversation stoppers. The book would be useful either as …

Does Fair Trade Deliver On Its Core Value Proposition? Effects On Income, Educational Attainment, And Health In Three Countries, Eric J. Arnould, Alejandro Plastina, Dwanye Ball

Department of Marketing: Faculty Publications

Alternative trade organizations (ATOs) based on philosophies of social justice and/or environmental well-being are establishing new channels of trade and marketing. Partisans promote ATOs as systems to transfer benefits from consumers in the wealthy northern hemisphere to producers in the poor southern hemisphere. The central public policy question is whether the well-being of poor agricultural producers in the southern hemisphere is actually being improved by fair-trade practices, or are consumers who buy products on this premise deceived? The research reported here partially answers the question whether participation in a fair-trade coffee marketing channel delivers benefits to smallscale producers in Latin …

Religious Discrimination And Racial Harassment: What Ever Happened To Marshawn Demur? -- Instructor’S Manual, Gwendolyn Combs

Department of Management: Faculty Publications

Case Learning Objectives:
Establish the basis for and recognition of potential d nn isparate treatment and disparate impact situations in the workplace.
Analyze the legal requirements for employers in considering and/or accommodating employee religious beliefs and preferences in the workplace.
Examine the interface of judicial precedent, legislative intent, Title VII and organizational policy/managerial decision-making.
Recognize the roles and responsibilities of human resource (HR) professionals in addressing these issues.

Target Audience: Undergraduate and graduate level students who have a basic background in HR management and equal employment/diversity issues.

This case works best in conjunction with the study of equal employment opportunity, …

Ancient Leishmaniasis In A Highland Desert Of Northern Chile, Maria Antonietta Costa, Carney Matheson, Lucia Iachetta, Otto Appenzeller

Harold W. Manter Laboratory of Parasitology: Library Materials

Background

Leishmaniasis is an infectious disease endemic today in many areas of South America.

Methodology

We discovered morphologic and molecular evidence of ancient infections in four female skulls in the archaeological cemetery of Coyo Oriente, in the desert of San Pedro de Atacama, northern Chile. The boney facial lesions visible in the skulls could have been caused by a number of chronic infections including chronic Leishmaniasis. This diagnosis was confirmed using PCR-sequenced analyses of bone fragments from the skulls of the affected individuals. Leishmaniasis is not normally found in the high-altitude desert of northern Chile; where the harsh climate does …