Digital Commons Network^™

Madison In Post-9/11 Cyberspace: Applying Federalist No. 10 To The Online Battle For ‘Hearts And Minds’, Dawinder S. Sidhu

Faculty Scholarship

To be sure, there are at least a few problems with the approach of drawing upon the Framers for guidance with respect to the issues of the day. First, the Framers did not reach consensus on all matters. The famous rivalry between the Alexander Hamilton, a staunch nationalist from New York who favored a strong federal banking system and central government, and Jefferson, a republican from Virginia who preferred an agrarian lifestyle and trusted the people to do right by American society, perhaps best illustrates the fact that the Framers themselves were not in lockstep as to the makeup of …

Judicial Review As Soft Power: How The Courts Can Help Us Win The Post-9/11 Conflict, Dawinder S. Sidhu

Faculty Scholarship

This Article seeks to answer these questions. In this Article, I will argue that the American response to Islamic terrorist factions must move outside the military sphere in which battles are fought between arms and men to a more conceptual contest for hearts and minds, where the ammunition in this abstract war will be fundamental American principles, particularly a constitutional commitment to the rule of law, and where advancements in the war will be based on incrementally increased attraction to America. This approach will speak to one’s will and conscience in an effort to secure a more lasting respite from …

Wartime America And The Wire: A Response To Posner’S Post-9/11 Constitutional Framework, Dawinder S. Sidhu

Faculty Scholarship

This article challenges Not a Suicide Pact by using a single component of practical experience that has factored into legal reasoning: television. In particular, it will invoke various themes from The Wire—an HBO series that explores the relationship between the drug trade and law enforcement in Baltimore, Maryland—to demonstrate the problematic nature of the aforementioned arguments set forth in Posner’s book.

Consumer Scams And The Elderly: Preserving Independence Through Shifting Default Rules, Nathalie Martin

Faculty Scholarship

Modern technology has made it easier than ever for scammers, legitimate businesses with dubious intentions, and even charities to take advantage of telemarketing. For reasons including reduced mental faculties and loneliness, the elderly are increasingly at risk for losing money, credit, and ultimately independence to those who would exploit them. In this Article, Professor Martin explores the benefits of existing regulations, bankruptcy, and reverse mortgages as solutions to these problems. Professor Martin also recommends a new default rule for elderly consumers: no solicitations unless the consumer opts in.

Listening To Indigenous Voices: What The Un Declaration On The Rights Of Indigenous Peoples Means For U.S. Tribes, Aliza Organick

Faculty Scholarship

Part I of this article will provide a historical context for the Declaration by surveying the international recognition of the concept of "Indigenous" rights that led to the adoption of the Declaration. Part II will discuss the positions taken by each no-vote state and the reasoning employed by these states in support of those positions. Part Ill will focus on how U.S. Tribes might turn the Declaration into a living document in spite of the United States' continued resistance to do so.

Tribal Law And Best Practices In Legal Education: Creating A New Path For The Study Of Tribal Law, Aliza Organick

Faculty Scholarship

In Part I of this article, I explore the importance of introducing law students to tribal law and the culture of other local legal systems early and often. I assert that when the legal academy ignores the role that culture plays in the formation and understanding of our own legal system and the legal systems of other communities, we are ignoring the most basic and core aspects of society. By disregarding the role culture plays in legal systems, we are doing a disservice not only to our students, but also ultimately to the legal community and our clients. By failing …

Singular Superposition/Boundary Element Method For Reconstruction Of Multi-Dimensional Heat Flux Distributions With Application To Film Cooling Holes, Mahmood Silieti, Eduardo Divo, Alain J. Kassab

Publications

A hybrid singularity superposition/boundary element-based inverse problem method for the reconstruction of multi-dimensional heat flux distributions is developed. Cauchy conditions are imposed at exposed surfaces that are readily reached for measurements while convective boundary conditions are unknown at surfaces that are not amenable to measurements such as the walls of the cooling holes. The purpose of the inverse analysis is to determine the heat flux distribution along cooling hole surfaces. This is accomplished in an iterative process by distributing a set of singularities (sinks) inside the physical boundaries of the cooling hole (usually along cooling hole centerline) with a given …

Finite Recreation Opportunities: The Forest Service, The Bureau Of Land Management, And Off-Road Vehicle Management, John C. Adams, Stephen F. Mccool

Natural Resources Journal

No abstract provided.

Comprehensive River Basin Management: The Limits Of Collaborative, Stakeholder-Based, Water Governance, James L. Huffman

Natural Resources Journal

No abstract provided.

Return To The Sources: Revival Of Traditional Nomads' Rights To Common Property Resources In The Code Pastoral Of The Islamic Republic Of Mauritania, Hans-Werner Wabnitz

Natural Resources Journal

No abstract provided.

An Institutional Framework For A Water Market In The Elephant Butte Irrigation District, Brandon Winchester, Ereney Hadjigeorgalis

Natural Resources Journal

No abstract provided.

Public Trust In Wildlife: Two Steps Forward, Two Steps Back, The, Patrick Redmond

Natural Resources Journal

No abstract provided.

Personnel File Of Fr. Diego Mazon, Catholic Church. Archdiocese Of Santa Fe (N.M.)

Personnel Files

No abstract provided.

Optimization And Complexity Reduction Of Switch-Reconfigured Antennas Using Graph Models, Chaouki T. Abdallah, Joseph Costantine, Christos G. Christodoulou, Silvio E. Barbin

Electrical & Computer Engineering Faculty Publications

This letter addresses the optimization and complexity reduction of switch-reconfigured antennas. A new optimization technique based on graph models is investigated. This technique is used to minimize the redundancy in a reconfigurable antenna structure and reduce its complexity. A graph modeling rule for switch-reconfigured antennas is proposed, and examples are presented.

End-Of-Life Care: Doctors' Complaints And Legal Restraints, Robert L. Schwartz

Faculty Scholarship

Health lawyers and policymakers cannot always see the same shadows of the laws that are visible to health care providers, and sometimes those shadows have penumbras and emanations that are not visible to those outside of a narrow medical practice. Sometimes those shadows, whether real or imagined, cause doctors to act inconsistently with the intent of the law, and inconsistently with the requirements of good medical practice. Doctors may misread or misunderstand a law. Still, if the law as misread or misunderstood actually affects medical practice, we should not be blind to the fact of the misunderstanding. Listen to doctors' …

On Appeal: Reviewing The Case Against The Death Penalty, Dawinder S. Sidhu

Faculty Scholarship

There is perhaps a no more divisive and significant issue in the United States than that of capital punishment./ The debate over the death penalty is of vital import and intrigue because it involves death, the termination of an individual's known existence. Not only does the death penalty involve death, but more properly, it involves the deliberate taking of life.3 It is precisely because the death penalty involves the willful extermination of human life that the debate must be thoroughly examined. This article attempts to add this needed clarity by evaluating the various arguments against the death penalty.

From Conflict To Cooperation: State And Tribal Court Relations In The Era Of Self-Determination, Aliza Organick, Tonya Kowalski

Faculty Scholarship

State and Tribal sovereigns have historically had a tense relationship, beginning in colonial times, when states vied with the federal government for trading rights and for control of Indian lands. Today, that tension still expresses itself in matters such as gaming compacts, criminal and civil jurisdiction, and taxation, to name just a few. While different sovereigns within a federal system may always vie for resources and power to some extent, it is time for states and Tribes to focus on what a more mutually supportive relationship with Tribal communities has to offer. This Essay explores the history of the two …

The Evolving Architecture Of North American Integration, Laura Spitz

Faculty Scholarship

Given its potential significance for democracy, sovereignty, government, governance, and justice in each of Canada, the United States, and Mexico, North American integration qua integration has thus far received surprisingly little attention from legal scholars and social scientists. While an expanding body of research explores the dynamics of continental integration in other contexts (especially Europe) and/or examines the meaning of globalization, regionalism, and multilateral internationalism in a general sense, the specific constitution of an integrated North American space remains largely undertheorized. This Article aims to advance the literature in this area by examining legal discourse as an example of the …

Bioethics And Law In A Nutshell, Robert Schwartz, Sandra H. Johnson

Faculty Book Display Case

Copyright page and Table of Contents only.

The Marshall-Brennan Constitutional Literacy Project: A Case Study In Law And Social Justice, Maryam Ahranjani

Faculty Book Display Case

Named for the late Supreme Court justices Thurgood Marshall and William Brennan, Jr., the Marshall-Brennan Constitutional Literacy Project has worked for eight years to mobilize talented law students to serve as mentors to junior high and high school students, learn about the importance of democracy and citizenship, and share their knowledge of the law with high school students. Besides the substantive curricular goals of the project, one of its social goals is to promote the pipeline of students of color to college, law school, and the practice of law.

To a certain extent, the project is subversive in its approach. …

Death Penalty For Women In North Carolina, Elizabeth Rapaport, Victor Streib

Faculty Scholarship

Is Justice Marshall right? Have women received "favored treatment" under our death penalty laws and procedures? The national data might lead to such a presumption, given that over 99% of the people executed in the United States are men, but the analyses and explanations are far from simple. The authors have written about this national phenomenon for the past two decades, sharing a strong interest in the issue but not always agreeing in their explanations. Now we examine the North Carolina experience within the national context. This article reports the results of that examination, beginning with North Carolina's history of …

National Minerals Policy, Minister Of Mining And Telecommunications

Latin American Energy Policies

The vision of this Policy is for a modern, diversified, efficient and attractive Minerals Industry that protects environmental integrity and socio-cultural values, adds significant value to the economy, is based largely on the manufacture and export of value-added products, has strong and properly structured institutions and co-exists with competing interests in the wider economy.

An Introduction To Dezert-Smarandache Theory (Dsmt), Jean Dezert, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

The management and combination of uncertain, imprecise, fuzzy and even paradoxical or highly conflicting sources of information has always been, and still remains today, of primal importance for the development of reliable modern information systems involving artificial reasoning. In this introduction, we present a survey of our recent theory of plausible and paradoxical reasoning, known as Dezert-Smarandache Theory (DSmT), developed for dealing with imprecise, uncertain and conflicting sources of information. We focus our presentation on the foundations of DSmT and on its most important rules of combination, rather than on browsing specific applications of DSmT available in literature. Several simple …

Front Matter

SMU Law Review

No abstract provided.

Boumediene V. Bush And Guantanamo, Cuba: Does The Empire Strike Back, Ernesto Hernandez-Lopez

SMU Law Review

No abstract provided.

Antitrust Summary Judgment And The Quick Look Approach, Edward Brunet

SMU Law Review

No abstract provided.

Lost In (Doctrinal) Translation: The Misleading Retelling Of The Supreme Court's Antitrust Decisions On Restraints Of Trade, Peter C. Carstensen

SMU Law Review

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.

Fourth Amendment - Search And Seizure: The Seventh Circuit Holds That Evidence Obtained In A Warrantless Search Of A Home May Be Used Against A Present And Objecting Occupant After They Are Arrested And Removed From The Home And Co-Occupant With Authority, Amanda Dodds

SMU Law Review

No abstract provided.

The Texas Supreme Court Holds Hydraulic Fracturing Trespass Claim Is Precluded By The Rule Of Capture, Mark E. Vandermeulen

SMU Law Review

No abstract provided.