Digital Commons Network^™

“Medical” Monitoring For Non-Medical Harms: Evaluating The Reasonable Necessity Of Measures To Avoid Identity Fraud After A Data Breach, James Graves

Richmond Journal of Law & Technology

In July 2005, “reformed” hacker Albert Gonzalez noticed an insecure wireless network at a Marshalls department store in Miami. After exploiting the vulnerability, Gonzalez and his accomplices installed programs that captured credit card numbers. They stored the credit card numbers on servers in Latvia and Ukraine, created ATM cards using some of the numbers, and used those cards to withdraw hundreds of thousands of dollars in cash. Fifteen months later, Marshalls’ parent company, TJX, announced that forty-five million of its customers’ credit card numbers had been exposed to the thieves.

The Regulation Of Nanomedicine: Will The Existing Regulatory Scheme Of The Fda Suffice?, Shanna Harris

Richmond Journal of Law & Technology

Nanotechnology is the science and technology of manipulating molecules and atoms at the molecular level to create devices with new molecular properties, organizations and functions.1 Devices such as new computers that are billions of times more powerful than any currently available2 and boxes the size of sugar cubes that can hold the entire content of the Library of Congress are examples of the power of nanotechnology.

Dreadful Policing: Are The Semiconductor Industry Giants Content With Yesterday’S International Protection For Integrated Circuits?, Michael Fuerch

Richmond Journal of Law & Technology

Over the past twenty years, the semiconductor industry has grown rapidly. Technological advances have resulted in smaller, faster, and more cost-efficient semiconductor integrated circuits. Today, integrated circuits (“chips”) are found in the majority of electronic devices includes consumer electronics like computers, phones, televisions, and automobiles, and industrial electronics such as motor drives and programmable logic controllers.

This

Real Feminists For Motherhood Coalition, Petitioner V. Virginia, Bridget Leanne Welborn

Richmond Public Interest Law Review

JUSTICE KENNEDY delivered the opinion of the Court, in which CHIEF JUSTICE ROBERTS, and JUSTICES BREYER, STEVENS, and THOMAS joined. CHIEF JUSTICE ROBERTS filed a concurring opinion, in which JUSTICE THOMAS joined. JUSTICE SCALIA filed a dissenting opinion, in which JUSTICE ALITO joined. JUSTICE GINSBERG filed a dissenting opinion, in which JUSTICE SOUTER joined. Since this Court decided Roe v. Wade in 1973,1 we received numerous requests to reconsider the validity of that ruling or to otherwise limit its application. Petitioner renews this request, asking us to discard our much maligned and now limited Roe doctrine. After struggling with this …

Protecting Neglect: The Constitutionality Of Spiritual Healing Exemptions To Child Protection Statutes, Scott St. Amand

Richmond Public Interest Law Review

This comment examines the historically uncertain balance between an individual's right to freely exercise his religious beliefs and the state's countervailing interest to protect the welfare of its youngest and most vulnerable citizens. By detailing the history of this fragile relationship through its statutory and judicial renderings, this comment will illustrate that spiritual exemptions to child protection statutes violate the Establishment Clause of the First Amendment, as well as the Equal Protection Clause of the Fourteenth Amendment, and conflict directly with multiple landmark Supreme Court decisions.

Domino Effect Of The Current Economic Crisis, Sue K. Varon, Martin S. Varon

Richmond Public Interest Law Review

The deepening recession, increased unemployment, and stalled housing market have negatively impacted the financial situation of most clients of the family lawyer. Many clients' homes are underwater because of declining values. Those divorcing couples fortunate enough to have equity in their most significant marital asset, their home, are unable to sell it. Combined with the plummeting value of retirement accounts, practitioners are looking at marital asset balance sheets that are nothing less than bleak.

The Pulpit Initiative: Fighting To Return America's First Freedom To Her Churches, David Abbondanza

Richmond Public Interest Law Review

This Comment looks at the foundational principles of the Pulpit Initiative and examines first, whence the need for a change came, and second, whether it is likely to come about. Part 11 examines the historical developments that resulted in the 1954 amendment banning pastors from speaking on candidates from the pulpit. Part III focuses on the ADF and its rationale for bringing about change along with the constitutional reasoning behind its arguments. Part IV provides some concluding remarks surrounding this initiative's likely future and whether the ADF and its associated pastors stand a chance of succeeding against the United States …

Acknowledgment, Katherine Wallmeyer Payne

Richmond Public Interest Law Review

The Richmond Journal of Law and the Public Interest has had a very successful-if very busy-year. At the end of the summer, we published The General Assembly in Review, which was the Journal's first issue published in print. In the fall, we published an issue dedicated to campaign finance reform to correspond with the presidential election. We also hosted a public symposium on this topic, with two experts debating the merits of recent campaign finance reform measures. In the winter, we published an issue dealing with health care reform. And in the spring, we published an issue focused on family …

Recent Developments In Absentee Voting, James Alcorn

Richmond Public Interest Law Review

With the votes cast and counted, the political signs down, and the final dollars tallied, most people were glad to have election season behind them. For the election community, however, the groundwork for future decisions was beginning anew. The 2009 session of the Virginia General Assembly again saw a large number of bills related to election administration.1 Included in those were a large number of absentee voting bills.2 For the last fifteen years, legislators have introduced numerous bills related to absentee voting, and roughly half of these bills have succeeded. 3 While the rest of the country considers large election …

Gaming In Massachusetts: Can Casinos Bring 'Good Jobs' To The Commonwealth?, Marlene Kim, Susan Moir, Anneta Argyres

Labor Resource Center Publications

This study examines the quality of jobs in the United States gaming industry and analyzes enabling legislation in five states that have legalized gaming. The authors find that the gaming industry -- particularly the unionized sector of the casino hotel industry -- provides good jobs with good wages and benefits for workers with less than a high school degree. The authors conlcude that workforce development efforts in Masschusetts must include strategies to address improving the quality of entry-level jobs.

Pay For Performance, Quality Of Care And The Revitalization Of The False Claims Act, Devin S. Schindler

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Setting Agricultural Science Strategy In Tumultuous Economic Times, Jennifer S. James, Julian M. Alston, Philip G. Pardey

Agribusiness

The international competitiveness and prosperity of U.S. agriculture depends on steady and rapid productivity growth fueled by public agricultural research and development (R&D). Agricultural science benefits consumers and the environment, not just farmers. Enhanced productivity as a result of agricultural R&D means that consumers have access to a more abundant, cheaper, safer, higher quality, and more diverse and convenient food supply, produced with less stress on natural resources and the environment. From a global perspective, productivity growth allows agricultural production to increase faster than demand; food has become much cheaper over time in spite of a rapidly growing world population …

The Economics Of Agricultural R&D, Julian M. Alston, Philip G. Pardey, Jennifer S. James, Matthew A. Andersen

Agribusiness

Agricultural research has transformed agriculture and in doing so contributed to the transformation of economies. Economic issues arise because agricultural research is subject to various market failures, because the resulting innovations and technological changes have important economic consequences for net income and its distribution, and because the consequences are difficult to discern and attribute. Economists have developed models and measures of the economic consequences of agricultural R&D and related policies in contributions that relate to a very broad literature ranging across production economics, development economics, industrial organization, economic history, welfare economics, political economy, econometrics, and so on. A key general …

Economics And Policy Context For The Biological Management Of Soil Fertility (Bmsf) In Ethiopia, Habtamu T. Kassahun, Charles F. Nicholson, Dawit Solomon, Amy S. Collick, Tammo S. Steenhuis

Agribusiness

Many developing countries implement programs and policies to increase or maintain soil fertility, with the objectives of increased crop yields and decreased poverty. However, few countries give emphasis to the biological management of soil fertility (BMSF) compared to more traditional approaches. Ethiopia emphasizes the use synthetic fertilizers to increase food security and reduce poverty, with little attention to BMSF. This paper examines the long term fertilizer consumption and agricultural productivity response trend and discusses the potential for BMSF to promote agricultural productivity and reduce poverty in Ethiopia. The paper also discusses the Economics and Policy Context for BMSF for the …

International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter

Scholarly Articles in Law Reviews & Journals

This article is a discussion of the international dimensions of climate change policy facing the newly-elected Obama Administration, focusing on the Kyoto Protocol and subsequent Bali Road Map and Bali Action Plan. The Bali Action Plan set out a framework for negotiating a post-Kyoto agreement with binding commitments on all parties. The agreement is due to be finalized at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Copenhagen in December 2009, leaving the Obama Administration less than a year to shape its international climate policy and promote that policy effectively in the international negotiations.

The article addresses …

Wbio 370.01: Wildlife Habitat Conservation And Management, Mark Hebblewhite

University of Montana Course Syllabi

No abstract provided.

Democratic Institutions Create Civic Health: How Local Jurisdictions Can Enhance Their Problem-Solving Capacities Through Inclusive Governance, Including A Case Study Of Newark, Delaware, Ezra Temko

SIUE Faculty Research, Scholarship, and Creative Activity

Civic health is a community’s economic, civic, and social infrastructure – its capacity to solve its problems. This paper explores how contemporary local governments address the opportunities and challenges facing their communities and how local governments could utilize civic engagement to enhance civic health. It also evaluates the status of Newark, Delaware’s civic health and offers pragmatic steps Newark’s government can take to enhance the community’s civic health. Democratic governance is the 21st century engine for communities like Newark, Delaware to enhance their civic health. Collaborative and inclusive governance can improve a community’s abilities to solve problems. The Newark community …

Checking In : Adoption And Safe Families Act, Permanency, And Child Well-Being, Jazzlynne Allensworth

Capstone Projects and Master's Theses

This literature review is a modest attempt to interpret current strengths regarding popular permanency policies and methods, as they relate to child well-being and permanency goals, while highlighting potential opportunities for reform. The section following the introduction discusses an important piece of permanency legislation, the Adoption and Safe Families Act. Following, will be a discussion of a child's best interests and placement types. In an attempt to gain the most unbiased picture of child well-being, this review will call upon individuals directly affected by out-of-home care: children and families.

Attracting College Men To Sexual Violence Prevention: A Multiple Case Study Of Male Peer Educators, Janice M. Deeds

Department of Educational Administration: Dissertations, Theses, and Student Research

The prevalence rate for sexual assault of U.S. college women has stayed around 13% since 1982 despite the efforts colleges and universities have made to create effective prevention programs. Campus violence prevention programs have changed in focus and approach as research has provided a broader understanding of sexual violence and the important roles men can play in its prevention.

Peer education is currently the most commonly used method of teaching sexual violence prevention information to college students, but unless college men become involved as sexual violence prevention peer educators, campus programs will not be able to effectively reach other male …

Comments: Privacy At Risk: Patients Use New Web Products To Store And Share Personal Health Records, Juliana Bell

University of Baltimore Law Review

No abstract provided.

Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

In 1989, Tom Stoddard and Paula Ettelbrick, attorneys with the gay rights group Lambda Legal, published side-by-side opposing essays about whether marriage for same-sex couples should be a movement priority. Rutgers Law Review is publishing a 2009 symposium commemorating the 20th anniversary of these now-iconic essays. This article is part of that symposium. It places the Ettelbrick essay, and the groundbreaking case of Braschi v. Stahl Associates decided the same year, in the context of the gay rights movement's strong support of family diversity. It then critiques the contemporary right-wing marriage movement for blaming all social problems on family diversity/aka …

Viewing Preschool Disruptive Behavior Disorders And Adhd Through A Developmental Lens: What We Know & What We Need To Know, Anil Chacko, Lauren Wakschlag, Carri Hill, Barbara Danis, Kimberly A. Espy

Department of Psychology: Faculty Publications

There is now little doubt that DSM-IV behavior disorders are present and identifiable during the preschool years (1,2). With only minor modifications to DSM-IV Disruptive Behavior Disorders (DBDs) and attention-deficit/hyperactivity disorder (ADHD) nosology, multiple, independent studies have shown similar prevalence rates and correlates as in older children (1). In the preschool age range, these disorders also have modest stability (3-6). It is clear that the behaviors that comprise DBDs and ADHD (e.g., noncompliance, rule-breaking, aggression, destruction of property, hyperactivity, inattention, and impulsivity) impair children’s functioning and that caregivers of young children often experience considerable difficulty in managing those who exhibit …

Blanket Statements, Issue 98, Winter 2009–2010

Blanket Statements: News Publication of the American Quilt Study Group

Blanket Statements, Issue 98, Winter 2009–2010

Procedural Justice In Resolving Family Disputes: Implications For Childhood Bullying, Michael R. Brubacher, Mark R. Fondacaro, Eve M. Brank, Veda E. Brown, Scott A. Miller

Department of Psychology: Faculty Publications

High levels of family conflict and poor family conflict resolution strategies are often associated with externalizing behaviors in children, including the behavior of bullying. Through family interactions, parents have the opportunity to convey a variety of messages to the child. Some of these messages are sent through the child’s appraisal of procedural justice, which refers to the judgments of fairness directed at the process by which a conflict is resolved. The current study investigated the relationship between appraisals of procedural justice in family conflict resolution and bullying among middle-school students. A sample of 1,910 sixth through eighth graders completed a …

Muscutt Misplaced: The Future Of Forum Of Necessity Jurisdiction In Canada, Janet Walker

Articles & Book Chapters

The forthcoming review of the test 8-factor Muscutt test for jurisdiction based on a real and substantial connection provides the occasion for considering the future of forum of necessity jurisdiction in Canada

Gender And Professionalism In Law: The Challenge Of (Women’S) Biography, Mary Jane Mossman

Articles & Book Chapters

This paper explores the story of a woman who "created" her life in the law in the late nineteenth and early twentieth centuries. Although now almost unknown, Cornelia Sorabji achieved prominence as a woman pioneer in the legal profession, who provided legal services to women clients in northern India, the Purdahnashins. Sorabji’s experiences as a woman in law were often similar to the stories of other first women lawyers in a number of different jurisdictions at the end of the nineteenth century: all of these women had to overcome gender barriers to gain admission to the legal professions, and they …

New Governance In European Corporate Law Regulation As Transnational Legal Pluralism, Peer Zumbansen

Articles & Book Chapters

The present transformation of European corporate governance regulation mirrors the challenges that have been facing the EU's continuously evolving polity, marked by tensions between centralised integration programmes, on the one hand, and Member State's embedded capitalisms, path-dependencies and rent-seeking, on the other. As longstanding concerns with remaining obstacles to more mobility for workers, services, business entities and capital in recent years are aligned with post-Lisbon commitments to creating the world's leading competitive market, European corporate governance regulation (ECGR) has become exposed to and implicated in a set of highly dynamic regulatory experiments. In this context, New Governance offers itself as …

Forced Abstinence Model Of Relapse To Study Pharmacological Treatments Of Substance Use Disorder, Carmela M. Reichel, Rick A. Bevins

Department of Psychology: Faculty Publications

Understanding and preventing relapse to drug use is one of the most difficult challenges faced by clinicians and practitioners in the struggle to help people remain abstinent. In this paper, we review basic preclinical research on forced abstinence periods that identify the neural substrates involved and neural adaptations that occur after a drug-free period. Our attention focuses on forced abstinence after self-administration because of its promise for translational research in the development of candidate medications to reduce relapse. This model requires subjects (often rats) to initially acquire drug self-administration. However, rather than extinguishing behavior with daily drug-free sessions as in …

Constitutional Authority Over Greenhouse Gas Emissions, Peter W. Hogg

Articles & Book Chapters

No abstract provided.

Fiscal Transparency: Global Norms, Domestic Laws, And The Politics Of Budgets, Lisa Philipps, Miranda Stewart

Articles & Book Chapters

No abstract provided.