Digital Commons Network^™

International Legal Responses To Kosovo's Declaration Of Independence, Jure Vidmar

Vanderbilt Journal of Transnational Law

On February 17, 2008, Kosovo declared independence. As of March 6, 2009, fifty-six states have recognized Kosovo's independence, while a number of states maintain that Kosovo's declaration of independence is illegal. There is no specific resolution calling for nonrecognition, yet whether an obligation of nonrecognition stems from UN Security Council Resolution 1244 is a highly disputed issue.

Resolution 1244 established an international territorial administration, affirmed Serbia's territorial integrity, and called for a political process leading to settlement of Kosovo's future status. Unlike in East Timor, the political process in Kosovo did not result in a prenegotiated path to independence, confirmed …

The Emperor Is Still Naked: Why The Protocol On The Rights Of Women In Africa Leaves Women Exposed To More Discrimination, Kristin Davis

Vanderbilt Journal of Transnational Law

The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa entered into force in 2005. Met with much celebration for the protection it would provide African women, the Protocol was heralded as one of the most forward-looking human rights instruments. Now, fifteen years after it was conceived, the Protocol deserves a full assessment of the issues that it has faced in accession and will face in implementation. This Note analyzes the way in which the Protocol was developed and the effect the Protocol's language will have on its ability to achieve its …

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 …

"Shelter Chic": Can The U.S. Government Make It Work?, Kristina R. Montanaro

Vanderbilt Journal of Transnational Law

This Note discusses government donations of seized counterfeit goods to charitable institutions and the implications of these practices. The Customs and Border Protection (CBP) contributions to the Red Cross for the Hurricane Katrina relief effort serve as a backdrop for important concepts. In making these contributions, the CBP relied on its emergency authority and a presidential proclamation to avoid basic statutory requirements that it (a) obtain consent from the right holders and (b) de-trademark counterfeit goods prior to donation. While the donations inarguably benefitted countless disaster victims and freed up valuable CBP warehouse space, they may have had a detrimental …

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.

The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock

Journal Articles

Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either …

Response To Nicholas Boyle, O. Carter Snead

Journal Articles

Response to Nicholas Boyle’s talk “God, Sex, and America: From Decline of the Common Morality to the Emergence of a Global Ethical Life” at The Catholic University of America Center for Law, Philosophy and Culture’s Symposium “A Common Morality for the Global Age: In Gratitude for What We Are Given.”

Wildlifer's Log, Dave Willis

NRM Newsletter

No abstract provided.

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 …

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 …

Cross-Linguistic Universals In Reading Acquisition With Applications To English-Language Learners With Reading Disabilities, Brenda K. Gorman

Speech Pathology and Audiology Faculty Research and Publications

There is a considerable gap in English reading achievement between English-language learners and native speakers in the United States. Differentiation of whether English language learners’ struggles are symptomatic of reading disability or related to second language acquisition is often challenging. These issues highlight the need for increased insight into reading development and disability in this population. The purpose of this article is to provide an overview of cross-linguistic universals in reading acquisition, how reading disabilities manifest in various languages, and whether diagnostic and instructional approaches that are effective for native English speakers are also appropriate for English-language learners. Recommendations for …

The Impact Of College Recreation Center Renovation On Overall Participant Utilization And Frequency, James R. Kilchenman

Browse all Theses and Dissertations

The purpose of this research study was to investigate changes in student utilization of a campus recreation center following a two-year renovation project that added 3,500 square feet to the existing facility. The variables studied for this investigation were the recreation center user age, class level, ethnicity, and sex. Data for this study were collected though activity reports produced when users swiped their University ID cards for admission to the recreation center. Overall there was a 189% increase with unique users following the renovation project. Mean student uses also increased for most variable categories, most notably with freshman and sophomore …

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 …

Religious Freedom, Church Autonomy, And Constitutionalism, Richard W. Garnett

Journal Articles

Our topic at this symposium is "religion, the state, and constitutionalism"-not "the Constitution," or "the First Amendment," but "constitutionalism." Countless conferences, cases, books, and articles have wrestled with one version or another of the question, "how does our Constitution, with its First Amendment and its religion clauses, promote, protect, or perhaps restrain religion?" We are considering, it seems to me, a question that is different, and that is different in interesting and important ways: What are connections between religion and religious freedom, on the one hand, and constitutionalism, on the other?

Rethinking The Legality Of Colombia's Attack On The Farc In Ecuador: A New Paradigm For Balancing Territorial Integrity, Self-Defense And The Duties Of Sovereignty, Frank Walsh

Pace International Law Review

No abstract provided.

International Trade And World Health Policy: Helping People Reach Their Full Potential, Phillip Countryman

Pace International Law Review

No abstract provided.

Testing Modern Trademark Law's Theory Of Harm, Mark P. Mckenna

Journal Articles

Modern scholarship takes a decidedly negative view of trademark law. Commentators rail against doctrinal innovations like dilution and initial interest confusion. They clamor for clearer and broader defenses. And they plead for greater First Amendment scrutiny of various applications of trademark law. But beneath all of this criticism lies overwhelming agreement that consumer confusion is harmful. This easy acceptance of the harmfulness of confusion is a problem because it operates at too high a level of generality, ignoring important differences between types of relationships about which consumers might be confused. Failure to differentiate between these different relationships has enabled trademark …

Stem Cell Research In California: The Intersection Of Science, Politics, Culture, And Law, Zach W. Hall

Minnesota Journal of Law, Science & Technology

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.

Privacy And Public Health In The Information Age: Electronic Health Records And The Minnesota Health Records Act, Kari Bomash

Minnesota Journal of Law, Science & Technology

No abstract provided.

Smokers: Nuisances In Belmont City, California—In Their Homes, But Not In Public, Georges Tippens

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.

Toward The Reaffirmation Of The Antitrust Rule Of Per Se Illegality As A Law Of Rules For Horizontal Price Fixing And Territorial Allocation Agreements: A Reflection On The Palmer Case In A Renewed Era Of Economic Regulation, James F. Ponsoldt

SMU Law Review

No abstract provided.

Title Vii - Eighth Circuit Holds That Reasonable Accommodation Language Does Not Require Employers To Eliminate Conflict Between Work And Religious Beliefs, Arrissa Meyer

SMU Law Review

No abstract provided.

Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett

Journal Articles

The First Amendment’s “Establishment Clause” is widely thought to protect “conscience.” Does it? If so, how? It is proposed in this paper that the no-establishment rule does indeed promote and protect religious liberty, and does safeguard conscience, but not (or, at least, not only) in the way most people think it does, namely, by sparing those who object from the asserted injury to their conscience caused by public funding of religious activity.

The Supreme Court’s decision in Hein v. Freedom from Religion Foundation - a case in which the Justices limited taxpayer standing to bring Establishment Clause claims - reminds …

Contextualizing Environmental Human Rights: A Relativist Perspective, Roda Mushkat

Pace Environmental Law Review

No abstract provided.

In Search Of A Cause: Addressing The Confusion In Proving Causation Of A Public Nuisance, Steven Sarno

Pace Environmental Law Review

No abstract provided.

The European Directive On The Protection Of Groundwater: A Model For The United States, Richard Thomas

Pace Environmental Law Review

No abstract provided.

How States And Municipalities Can Retain The Power To Regulate Rail Carrier-Owned Solid Waste Transfer Facilities In The Context Of The Metro Enviro Transfer, Llc V. Village Of Croton-On-Hudson And Buffalo Southern Railroad, Inc. V. Village Of Croton-On-Hudson Decisions, Christina Hawkins

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 …