Entire DC Network | Open Access Articles | Digital Commons Network™

Entrepreneurship And Law: Accessing The Power Of The Creative Impulse Foreword, Steven H. Hobbs

Articles

No abstract provided.

Go to article

The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Go to article

A Man For All Seasons: Judge Frank M. Johnson Jr. And The Quest To Secure The Rule Of Law Essay: John S. Stone Chair Inaugural Lecture, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Go to article

Root And Branch: Contexts Of Legal History In Alabama And The South, Paul M. Pruitt Jr.

Articles

No abstract provided.

Go to article

A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.

Articles

No abstract provided.

Go to article

Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane

Faculty Scholarship

The concept of nationality traditionally mediated the relationship between the individual and the state in a bygone era in which international law regarded only the latter as a genuine subject of the law; today, its international legal functions have expanded. Yet, as in the past, it remains unclear whether and how international law limits the otherwise almost plenary competence of states to confer their nationality by their internal laws in a way entitled to international recognition. After the International Court of Justice's ("ICJ") 1955 judgment in Nottebohm, however, lawyers began to express this limit with a kind of doctrinal mantra: …

Go to article

Death From The Public Domain?, Kevin Outterson

Faculty Scholarship

In his recent article in the Texas Law Review, Ben Roin advances the claim that pharmaceutical innovation and the public’s health are harmed by the doctrines of non-obviousness and novelty. He does not mince words, labeling the nonobvious requirement as “perversity” with a “pernicious” effect on drug development. In his view, these standards pose an insurmountable barrier for drug companies seeking to commercialize inventions already in the public domain. He claims that valuable, life-saving drug ideas languish in the public domain because the companies face high barriers to entry from the FDA, but potential free riders are encouraged through the …

Go to article

Judicial Control Of The National Labor Relations Board's Lawmaking In The Age Of Chevron And Brand X, Michael C. Harper

Faculty Scholarship

This article analyzes and applies to Labor Board decision making the Court’s oft-cited 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council. The article argues that judicial review of Board decision making under Chevron, though limited, can still be sufficiently meaningful to control excessive shifts in Board lawmaking criticized by many commentators. The article explains why recent Supreme Court decisions reject any distinction between two theoretically distinct forms of agency discretionary lawmaking – (1) lawmaking through construction of the direct force of an ambiguous statute: and (2) lawmaking through the elaboration of law beyond that which is embodied in …

Go to article

Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff

Faculty Scholarship

Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty. Indeed, this view is so widely held that modern legal scholarship takes it for granted. Articles on general federalism issues use medical malpractice as an easy example of a policy in which federal intervention lacks functional justification, and articles that focus on federalization of other tort reforms use medical malpractice as an easy foil, pointing out that the uniformity interest that justifies …

Go to article

Justice Ginsburg's Dissent In Bush V. Gore, Hugh Baxter

Faculty Scholarship

In this essay, I examine Justice Ginsburg's dissenting opinion in Bush v. Gore, the decision that ended the 2000 controversy over the winner of the presidency. I look critically at Justice Ginsburg's invocation of federalism-based deference to the Florida courts' interpretations of state election law in the recount controversy. I consider also Justice Ginsburg's criticisms of the Court's remedial decision to stop the recounts. Finally, I take up the much-debated question of how to understand Justice Ginsburg's final two words: "I dissent," rather than "I respectfully dissent." My conclusion is that the omission of "respectfully" is pointed, but not for …

Go to article

Building Intellectual Property Coalitions For Development, Peter K. Yu

Faculty Scholarship

The adoption of the WIPO Development Agenda in October 2007 has provided less developed countries with a rare and unprecedented opportunity to reshape the international intellectual property system in a way that would better advance their interests. However, if these countries are to succeed, they need to take advantage of the current momentum, coordinate better with other countries and nongovernmental organizations, and more actively share with others their experience, knowledge, and best practices.

Commissioned by the EDGE (Emerging Dynamic Global Economies) Network of the University of Ottawa, this paper begins by explaining how building intellectual property coalitions for development (IPC4D) …

Go to article

Mutation Of H63 And Its Catalytic Affect On The Methionine Aminopeptidase From Escherichia Coli, Sanghamitra Mitra, Brian Bennett, Richard C. Holz

Chemistry Faculty Research and Publications

In order to gain insight into the mechanistic role of a flexible exterior loop near the active site, made up of Y62, H63, G64, and Y65, that has been proposed to play an important role in substrate binding and recognition in the methionyl aminopeptidase from Escherichia coli (EcMetAP-I), the H63A enzyme was prepared. Mutation of H63 to alanine does not affect the ability of the enzyme to bind divalent metal ions. The specific activity of H63A EcMetAP-I was determined using four different substrates of varying lengths, namely, l-Met-p-NA, MAS, MGMM and MSSHRWDW. For the smallest/shortest …

Go to article

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 …

Go to article

Suffering In Communion With Christ: Sacraments, Dying Faithfully, And End-Of-Life Care, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Go to article

Ethnic Lesbian Identity Development: A Focus On African American And Latino Women, Alexandria Quinones

Masters Theses

The purpose of this qualitative study was to investigate if there were differences in the developmental progression of a lesbian identity for ethnic women, specifically African American and Latino women, from that of majority lesbian women. Selected societal, familial and personal beliefs were examined to discover their influences on the women's development of a lesbian identity. Responses from ten women indicated there was a variation during their progression towards a lesbian identity in relation to the previous stage models based on majority homosexual individuals. Future recommendations for practitioners and researchers included considering environmental influences for expanding research models examining lesbian …

Go to article

The Evolution Of A Big Idea: Why Don’T We Know Anything About Africa?, Michael James Meyer

Journal of Inquiry and Action in Education

This article is about my experiences as a ninth grade history teacher trying to implement a “big idea” unit on ancient African history. My experiences as a first year teacher and also my experience in seeing this unit develop over three years are chronicled. I conclude that implementing a big idea strategy of instruction is possible in a “real” classroom, that this implementation is more of a journey than a destination, and that big ideas do help students to learn.

Go to article

Human Relations: Assessing The Affect Of Cultural Awareness Curriculum On Preservice Teachers, Seth D. Olson, Kristine M. Reed Ph.D., Amy Schweinle

Journal of Inquiry and Action in Education

Human relations training is intended to prepare teachers to be more culturally sensitive to an increasingly diverse population. There is a growing trend in teacher education to train preservice teachers more effectively to meet the demands of multicultural society. However, limited research is available to guide the future design of human relations training courses. This research was conducted to address the gap in the literature, by investigating the effectiveness of human relations training course on preservice teachers. Results indicated that the course made a significant difference on improving knowledge and skills categories for participants, but there was no significant improvement …

Go to article

Crossing Into Uncharted Territory: Developing Thoughtful, Ethical School Administrators, Jeanne L. Surface

Journal of Inquiry and Action in Education

In this distrustful, unstable, and ethically polarized era, there is a need to prepare school administrators to resolve a myriad of moral dilemmas. As professors of school administration, how can we make sure that our future leaders have the capacity to make thoughtful, ethical decisions? How do we prepare these leaders to develop, foster and lead tolerant and democratic schools? What follows is a small action research project aimed at elevating moral and ethical wherewithal among graduate students studying school administration. Ninety-Six percent of the students indicated that learning through dialogue or Socratic questioning, deepened their understanding of the topic. …

Go to article

Some Advice About Ignoring Advice About Collaborations, Michael L. Perlin

Other Publications

No abstract provided.

Go to article

Post Bellum Aspects Of The Laws Of Armed Conflict, Jeremy Waldron

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Go to article

Response To Rambachan's "The Advaita Worldview" And Thatamanil's "The Immanent Divine", Michelle Voss Roberts

Journal of Hindu-Christian Studies

In light of postcolonial and feminist criticism, it has become good form for scholars to "locate themselves" with regard to their subject matter by laying out their values and presuppositions to the extent possible. Because supposedly "objective" or "neutral" scholarship often reflects hegemonic interests, this practice ideally brings self-awareness about the discourses we carry into the hermeneutical process. Postcolonial discourse since Edward Said's Orientalism (1978) instructs that if Western academics are to continue representing the so-called East, they must at least acknowledge the dominance of Western and Christian presuppositions in this scholarly tradition.

Go to article

Natural Medicine: Personal Responsibility And Self-Empowerment, Kimber Lopez

Pomona Senior Theses

Although most “alternative” medical practices have existed far longer than conventional healthcare, modern allopathic continues to be the dominant system of medicine used in the United States. Herbal medicine is one of the oldest healing practices known to humankind and continues to be practiced today despite the numerous challenges modern society poses. As Julie Stone and Joan Mathews illuminate in Complimentary Medicine and the Law, “Plant-based remedies have been the principal source of medicines in healing traditions around the world and, as the World health Organization is at pains to remind us, 80 percent of the world’s population still depends …

Go to article

Documenting Gender, Dean Spade

Faculty Articles

This article analyzes gender reclassification policies, which determine when an administrative agency will record a change to an individual's gender marker. It’s analysis takes place in three policy contexts: placement in gender-segregated facilities, changing gender marker on IDs, state provision of healthcare that prohibit gender discrimination on the record for those seeking care. It looks at the significant variation in these policies across agencies to demonstrate the instability of gender as a category of identity verification. The article also asks whether the assumed usefulness of gender for identity tracking in the variety of state programs reviewed is well-founded, and it …

Go to article

Formation Feedback Control Of Uav Flight, Stephen Stegall

Doctoral Dissertations and Master's Theses

This thesis is a study of formation control with autonomous unmanned aerial vehicles using the formation as feedback. There is also an investigation of formation methods presenting insight into different algorithms for formations. A rigid formation is achieved using a proportional-derivative virtual structure with a formation feedback controller. There is an emphasis on stick controlled aerodynamics. The rigid formation is verified by a simulation of a longitudinal model. Formation control ideas are presented for rigid formations.

Go to article

The Anatomy Of A Production: The Analysis Of The Directorial Journey Mounting "Steel Magnolias" For The Stage, Aradhana Tiwar

Electronic Theses and Dissertations

This study is based on the Vine Theater Company's production of "Steel Magnolias" performed in March of 2007 at the Garden Theater in Winter Park Florida, directed by Aradhana Tiwari. This document examines the directorial journey from vision to the stage. Specifically it will explore a.) The dynamics of the production process from a directorial lens. b.) Interpreting Harling's text for design and performance c.) The development of an artistic aesthetic through collaboration. In May of 2007, I mounted a production of "Steel Magnolias" for the Orlando International Fringe Festival. The show was performed in the Universal, a thrust space …

Go to article

Updating The Classics: An Actor's Approach To Portraying Dickensian Characters In A Modern Script, Desiree Bacala

Electronic Theses and Dissertations

The focus of this thesis is my performance in the play The Trial of Ebenezer Scrooge by Mark Brown. I will research and perform the role of The Ghost of Christmas Past, a role which also plays the parts of Fan and Belle from Charles Dickens's A Christmas Carol. I shall perform in The Trial of Ebenezer Scrooge at the Orlando Shakespeare Theatre, in Partnership with UCF in December 2008 as a part of their 2008-2009 Signature Series season. The main focus of this thesis is the exploration of how to create a performance of a classical character for a …

Go to article

Cultivating Strong Citizens Through Public Education: Greek And Roman Methodology As A Pedagogical Approach In Public Education, Krystina Sarff

Electronic Theses and Dissertations

The ancient Greeks were a group of people who valued intelligence and athleticism above all other human traits; because of their focus, their society became one of the most revered and advanced civilizations in all of history. They were able to significantly influence the Roman Empire's philosophers, rhetoric, and education system. In order for the United States wants to match the Greeks' paramount feats, citizens have to become more learned and fit. The future intellectual development of the United States is at risk of halting progress as a nation if action is not taken. Quintilian's educational philosophies stimulate students' brainpower, …

Go to article

Understanding The Antecedents And Consequences Of Sales And Use Tax Policy: Evidence From Three Studies, Amy Hageman

Electronic Theses and Dissertations

This dissertation consists of three separate but interrelated studies examining the antecedents and consequences of sales and use tax (SUT) policy. The first study investigates whether elements of the SUT system influence elements of economic development, and tests whether SUT rates and/or bases influence state-aggregated levels of capital expenditures and employment within the manufacturing sector from 1983-2006. Results indicate that elements of the tax base (i.e., SUT exemptions) affect these indicators of economic development, but the same relationship was not seen for SUT rates. The second study examines individual taxpayer compliance across different tax settings (i.e., the state use tax …

Go to article

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Security Studies & International Affairs - Daytona Beach

"This paper describes a student project examining mechanisms with which to attack Bluetooth-enabled devices. The paper briefly describes the protocol architecture of Bluetooth and the Java interface that programmers can use to connect to Bluetooth communication services. Several types of attacks are described, along with a detailed example of two attack tools, Bloover II and BT Info."--from the article

Go to article

A Gasoline Demand Model For The United States Light Vehicle Fleet, Diana Rey

Electronic Theses and Dissertations

The United States is the world's largest oil consumer demanding about twenty five percent of the total world oil production. Whenever there are difficulties to supply the increasing quantities of oil demanded by the market, the price of oil escalates leading to what is known as oil price spikes or oil price shocks. The last oil price shock which was the longest sustained oil price run up in history, began its course in year 2004, and ended in 2008. This last oil price shock initiated recognizable changes in transportation dynamics: transit operators realized that commuters switched to transit as a …

Go to article

Full-Text Articles in Entire DC Network

Entrepreneurship And Law: Accessing The Power Of The Creative Impulse Foreword, Steven H. Hobbs

Articles

The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr.

Articles

A Man For All Seasons: Judge Frank M. Johnson Jr. And The Quest To Secure The Rule Of Law Essay: John S. Stone Chair Inaugural Lecture, Ronald J. Krotoszynski Jr.

Articles

Root And Branch: Contexts Of Legal History In Alabama And The South, Paul M. Pruitt Jr.

Articles

A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.

Articles

Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane

Faculty Scholarship

Death From The Public Domain?, Kevin Outterson

Faculty Scholarship

Judicial Control Of The National Labor Relations Board's Lawmaking In The Age Of Chevron And Brand X, Michael C. Harper

Faculty Scholarship

Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail Moncrieff

Faculty Scholarship

Justice Ginsburg's Dissent In Bush V. Gore, Hugh Baxter

Faculty Scholarship

Building Intellectual Property Coalitions For Development, Peter K. Yu

Faculty Scholarship

Mutation Of H63 And Its Catalytic Affect On The Methionine Aminopeptidase From Escherichia Coli, Sanghamitra Mitra, Brian Bennett, Richard C. Holz

Chemistry Faculty Research and Publications

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

Faculty Scholarship

Suffering In Communion With Christ: Sacraments, Dying Faithfully, And End-Of-Life Care, M. Therese Lysaught

Theology Faculty Research and Publications

Ethnic Lesbian Identity Development: A Focus On African American And Latino Women, Alexandria Quinones

Masters Theses

The Evolution Of A Big Idea: Why Don’T We Know Anything About Africa?, Michael James Meyer

Journal of Inquiry and Action in Education

Human Relations: Assessing The Affect Of Cultural Awareness Curriculum On Preservice Teachers, Seth D. Olson, Kristine M. Reed Ph.D., Amy Schweinle

Journal of Inquiry and Action in Education

Crossing Into Uncharted Territory: Developing Thoughtful, Ethical School Administrators, Jeanne L. Surface

Journal of Inquiry and Action in Education

Some Advice About Ignoring Advice About Collaborations, Michael L. Perlin

Other Publications

Post Bellum Aspects Of The Laws Of Armed Conflict, Jeremy Waldron

Loyola of Los Angeles International and Comparative Law Review

Response To Rambachan's "The Advaita Worldview" And Thatamanil's "The Immanent Divine", Michelle Voss Roberts

Journal of Hindu-Christian Studies

Natural Medicine: Personal Responsibility And Self-Empowerment, Kimber Lopez

Pomona Senior Theses

Documenting Gender, Dean Spade

Faculty Articles

Formation Feedback Control Of Uav Flight, Stephen Stegall

Doctoral Dissertations and Master's Theses

The Anatomy Of A Production: The Analysis Of The Directorial Journey Mounting "Steel Magnolias" For The Stage, Aradhana Tiwar

Electronic Theses and Dissertations

Updating The Classics: An Actor's Approach To Portraying Dickensian Characters In A Modern Script, Desiree Bacala

Electronic Theses and Dissertations

Cultivating Strong Citizens Through Public Education: Greek And Roman Methodology As A Pedagogical Approach In Public Education, Krystina Sarff

Electronic Theses and Dissertations

Understanding The Antecedents And Consequences Of Sales And Use Tax Policy: Evidence From Three Studies, Amy Hageman

Electronic Theses and Dissertations

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Security Studies & International Affairs - Daytona Beach

A Gasoline Demand Model For The United States Light Vehicle Fleet, Diana Rey

Electronic Theses and Dissertations