Digital Commons Network^™

Now You See It Now You Don't: Addressing The Issue Of Websites Which Are "Lost In Space", Patricia A. Broussard

Journal Publications

This article asks the following question: should the average law professor, who works mightily to churn out a large journal article every two years or so, be penalized for relying heavily on Internet citations provided full and accurate credit is given to all sources? I believe that in order to attempt to answer this question, it is important to first examine the roots of scholarship in academia and revisit its original purpose and second, to discuss the rise of technology and the impact it has had on the academy. This article will eventually set out some guidelines for the use …

The Anatomy Of A "Pantsuit": Performance, Proxy And Presence For Women Of Color In Legal Education, Deleso Alford Washington

Journal Publications

This essay is intended to begin a dialogue on how the presence of women of color standing at the intersection of gender, race and class can don a pantsuit or not and still experience under-discussed social realities that influence the attainment of 21st Century leadership roles in the legal academy.

Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, William Henslee

Journal Publications

The Recording Industry Association of America ("RIAA") has sued over 35,000 people for illegal file-sharing music, or uploading and downloading music. The RIAA has sued anyone under its "making available" theory, or anyone who offers to distribute copyrighted music without the owner's consent. However, the United States Circuit Courts of Appeals are split on whether copyright infringement occurs when a file is "made available" or when there is actual dissemination of a file. Due to this split, the RIAA has negotiated deals with internet service providers to penalize individuals who illegally share files. This article analyzes a recent decision, Capitol …

Comprehensive Data Privacy Legislation: Why Now Is The Time?, Tanith L. Balaban

Journal of Law, Technology, & the Internet

No abstract provided.

Community Managed Rural Water Supply Systems In The Dominican Republic : Assessment Of Sustainability Of Systems Built By The National Institute Of Potable Water And Peace Corps, Dominican Republic , Ryan W. Schweitzer

Dissertations, Master's Theses and Master's Reports - Open

In the Dominican Republic economic growth in the past twenty years has not yielded sufficient improvement in access to drinking water services, especially in rural areas where 1.5 million people do not have access to an improved water source (WHO, 2006). Worldwide, strategic development planning in the rural water sector has focused on participatory processes and the use of demand filters to ensure that service levels match community commitment to post-project operation and maintenance. However studies have concluded that an alarmingly high percentage of drinking water systems (20-50%) do not provide service at the design levels and/or fail altogether (up …

Hitler's Baby Farms: The Lebensborn Project, John C. Faulkner

Vulcan Historical Review

pp. 28-52

The Terrorism Risk Insurance Act: An Industry-Government Partnership, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Competition Policy And Its Convergence As Key Drivers Of Economic Development, Alden F. Abbott

MC Law Review

No abstract provided.

Spoliation In A Digital World: Proposing A New Standard Of Culpability In Massachusetts For An Adverse Inference Instruction, Ben Farrell

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law-In-Home Interrogation In A Police-Dominated Atmosphere Ruled Custodial Requiring Miranda Warnings-United States V. Craighead, 539 F.3d 1073 (9th Cir. 2008), Steven Vallarelli

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Expelling Law Firm Partners, Douglas R. Richmond

Cleveland State Law Review

Law firm partners may be de-equitized or expelled by their firms in good times as well as lean. Such actions appear to be on the upswing. There are, however, relatively few cases on these subjects. The leading case, Holman v. Coie, is dated; the practice of law, at least in large law firms, has changed considerably in the thirty plus years since Holman was decided. Looking ahead, courts must carefully reanalyze the intra-firm duty of good faith and fair dealing. Rather than confining liability to cases of economic predation, courts should review partner de-equitizations and expulsions under either excluder or …

I Object: The Rluipa As A Model For Protecting The Conscience Rights Of Religious Objectors To Same-Sex Relationships, Erin N. East

Emory Law Journal

In most states, the battle over same-sex marriage has become a showdown with either gay rights activists or religious conservatives prevailing. Each side is fearful of losing ground to the other. Many scholars have noted the threats to religious liberty that arise upon the recognition of same-sex marriage, but few have given significant attention to how religious liberty might be protected without abolishing the rights of same-sex couples. This Comment focuses on one manifestation of the conflict between same-sex rights and religious liberty: the conflict that arises when individuals and organizations are compelled by their religious beliefs to violate state …

Practice, Theory, And The War On Terror, Fred C. Zacharias

Emory Law Journal

This Essay considers whether lawyers should offer legal advice that clients request and will pay for, even when giving that advice might facilitate wrongful behavior. As a vehicle for analyzing the issue, this Essay discusses memoranda written for the Administration of President George W. Bush by Deputy Assistant Attorney General John Yoo, who advised that the physically and psychologically abusive interrogation of enemy combatants in Afghanistan was, or might be, legally justifiable. This Essay is neither intended to critique or defend the legal analysis underlying the so-called ¿torture memos,¿ nor to serve as a referendum on Yoo¿s political views. Rather, …

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

Emory Law Journal

In this Essay, I first describe internal separation of powers mechanisms and the constitutional role they can play. I next take up the question of whether these constraints are effective checks on Executive Branch overreaching and emphasize the mutually reinforcing relationship between such internal constraints and external checks on the Executive Branch. Finally, I discuss the general failure of current separation of powers doctrine to directly connect internal and external constraints and analyze whether including such a linkage would be appropriate.

Epistemical And Ethical Troubles In Achieving Reconciliation, And Then Beyond, Rory J. Conces

Philosophy Faculty Publications

My optimism towards reconciliation in places like Bosnia and Kosovo has become increasingly guarded because of certain epistemical and ethical issues. Reconciliation presumes the making of moral judgments about a wrongdoing, judgments that are empirically informed. If the perceptual judgments that are used to do the informing are made suspect because of a lapse in the commonplace self-restraints (or controls) on reasoning or glitches in the regulative ideals or epistemic goods like understanding and intelligibility, then the moral judgments on which they are grounded become suspect as well. This happens to both fanatic and non-fanatic. In this article I explore …

2009-2010 Graduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis

Hofstra Labor & Employment Law Journal

It is not uncommon for state legislatures and the federal government to enact laws that involve similar issues. However, the Employee Retirement Income Security Act of 1974, as amended (ERISA) provides that state laws are preempted to the extent they relate to employee benefit plans. Since its enactment in 1974, most of the state laws that have been preempted focused on health matters. However, this is likely to change. With many of their constituents lacking adequate retirement benefits as well as the increased attention being placed on 401(k) plans, states are likely to start attempting to legislate in the area …

Safeguarding Employee Stock Ownership Plans: Insurance As Assurance, Lauren E. Berson, Nicholas L. Cushing

Hofstra Labor & Employment Law Journal

No abstract provided.

The Second Circuit Takes A Second Look At The Non-Statutory Labor Exemption In Professional Sports: A Review Of Wood V. National Basketball Association, Caldwell V. American Basketball Association, National Basketball Association V. William, And Clarett V. National Football League, Walter T. Champion Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

In Brief

In Brief

Table of Contents:

• From the Dean's Desk
• Masthead
• Is Forensic Evidence Infallible?
• Health Care Reform -- What Is the Answer to the Health Care Crises?
• Does Religion Belong in Public Schools?
• Does Copyright Law Promote Creativity?
• Reflections on Justice Souter
• Faculty Profile (Spencer Neth)
• Faculty Briefs
• School of Law Legacy Passed Down Through the Generations
• The Fight for International Justice
• Alumni Spotlight (Alan Riedel '55)
• Dedication to Helping Others
• Class Notes
• In Memoriam: The Passing of Professor Henry T. King, Jr. An International Law Icon
• Lecture Series 2009-2010

An Assessment Of Sexual And Gender Based Violence In Wajir District, North Eastern Kenya, Gladys K. Mwangi, Guyo W. Jaldesa

Reproductive Health

A 2006 baseline survey conducted by CARE Kenya indicated that sexual and gender-based violence (SGBV) is widespread throughout Kenya’s North Eastern Province. Other findings revealed that high levels of stigma and gender imbalances are associated with sexual violence and female genital mutilation (FGM) and that a coordinated approach to responding to the service needs of survivors is missing. As noted in this report, there is limited awareness of the legal mechanisms available to survivors. The Population Council’s study in Wajir District ascertained the need for and possible components of an integrated and comprehensive services model that could meet the needs …

The Millennial Generation: A Demographic, Ethnographic, And Religious Profile, Monte Sahlin

180 Symposium Publications

A new generation is emerging into adulthood in the first years of the new century. Born from 1977 through 1994, most are the offspring of parents in the Baby Boom generation. Just as their parents’ childhood and adolescence largely paralleled the development of television, so the Millennial generation has grown up with the Internet. They share many of the values and interests of their Baby Boomer parents, although the world is starkly different. There is much greater diversity, and global boundaries are transparent, while economic anxiety is increased. The young adults and teens in the Millennial generation tend to be …

Unity And Ministry Through The Massification Of Adventism, Van G. Hurst

180 Symposium Publications

The Seventh-day Adventist Church has a history of ministering to people groups who have been fractured from their original congregations or social norms (demassification) and then renew their identity in Adventism (remassification). The unique needs of today’s generations are a rapid remassification of youth groups who need to be discipled. The uniqueness of these youth, their need for parental influence, peer affirmation, and a horizontal leadership structure to enable future mentoring and ministry at minimal cost are a vital part of the cycle of ministry which appears to be currently nonexistent in many Adventist congregations.

Focus, 2009, Winter, Andrews University

Focus

FOCUS (ISSN 1077-9345) is published quarterly, free of charge, for alumni and friends of Andrews University, an institution owned and operated by the Seventh-day Adventist Church.

At World's End (Work Station Two), Gary B. Swanson

Perspective Digest

No abstract provided.

Is Truth Of Consequence?, John Wesley Taylor V.

Perspective Digest

No abstract provided.

The Duties And Responsibilities Of The Seventh-Day Adventist Theologian, Larry L. Lichtenwalter

Journal of the Adventist Theological Society

No abstract provided.

Talvi, Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Pace Law Review

No abstract provided.

A Qualitative Study Of Coping With Unemployment, Mark Baddeley

Master's Theses and Capstones

Unemployment is among the largest stressors of adult life. There are many factors that help determine how people cope with unemployment, and several models have been developed to provide schema for understanding the coping strategies people use. In this qualitative study, in-depth individual interviews yield rich detail of how men who have been highly successful in their careers cope with unemployment. The participants offer unique perspectives on their common experience. The concept of self-determinism provides a useful framework for understanding the coping behavior of the participants and for the absence of reported distress.

Self-Injury Behavior In Adolescents: An Education And Prevention Model, Leslie Desrosiers

Master's Theses and Capstones

Many research studies have been focused on self-injury pertaining to adolescents in an in-patient community. There has been little research conducted on adolescents in normative populations that are engaging in self-injurious behavior which is on the rise. The importance of educating an entire community concerning self-injurious behavior is vital in order to help prevent this growing trend. Educators in our schools are not fully prepared to deal with self-injurers and how to help them through intervention and treatment. The need for a developed curriculum in the schools to educate the students, faculty, and staff is crucial in addressing the increasing …