Digital Commons Network^™

Shattering Colored Glass: The Trauma Of Magical Realism N Toni Morrison's Beloved And José Saramago's Blindness, Eric Edward Solomon

Honors Theses

The purpose of this thesis is to draw a literary connection between two distinct fields of study, magical realism and trauma studies, through the use of two specific works of fiction, Toni Morrison's Beloved and Jose Saramago's Blindness. In order to understand how the two fields of literary thought are connected. the thesis first attempts to distill the terms. With no definitive texts, magical realism and trauma studies are complex and seemingly indefinable ideas. However, through the process of definition, the thesis illustrates how the two are connected through the desire for both trauma, a "fleeting" concept, and magic, an …

Position Of The American Dietetic Association: Vegetarian Diets, Winston J. Craig, Ann Reed Mangels

Faculty Publications

It is the position of the American Dietetic Association that appropriately planned vegetarian diets, including total vegetarian or vegan diets, are healthful, nutritionally adequate, and may provide health benefits in the prevention and treatment of certain diseases. Well-planned vegetarian diets are appropriate for individuals during all stages of the life cycle, including pregnancy, lactation, infancy, childhood, and adolescence, and for athletes. A vegetarian diet is defined as one that does not include meat (including fowl) or seafood, or products containing those foods. This article reviews the current data related to key nutrients for vegetarians including protein, n-3 fatty acids, iron, …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Faculty Handbook, Georgia Southern University

Faculty Handbooks

Faculty Handbook for Georgia Southern University for the 2009-2010 academic year. The Faculty Handbook is published online by the Office of the Vice President for Academic Affairs and archived in Digital Commons@Georgia Southern.

Organisational Effectiveness In Selected Grass Roots Sport Clubs In Western Australia, Elissa J. Burton

Theses: Doctorates and Masters

Grass roots sport clubs are the foundation for sport in Australia, they cater for mass participation across all ages and are predominantly managed by volunteers. The benefits of being involved in sport and in particular a sport club, both from a health and social capital perspective are well documented (Houlihan & Green, 2006; Hoye & Nicholson, 2008; Stewart, Nicholson, Smith, & Westerbeek, 2004). Australian governments at every level, provide funding for sport to support these benefits and often directly to sport clubs. Yet there is little published research on what makes a grass roots sport club effective (Koski, 1995), particularly …

Medimmune V. Genentec, Kelly Casey Mullally, Gregory Castanias, Franklin E. Gibbs

Journal of Business & Technology Law

No abstract provided.

Patents Are Property: A Fundamental But Important Concept, Andrew Beckerman-Rodau

Journal of Business & Technology Law

No abstract provided.

Ebay V. Mercexchange And Quanta Computer V. Lg Electronics, Andrew Beckerman-Rodau, F. Scott Kieff, Lawrence M. Sung, Thomas Woolston

Journal of Business & Technology Law

No abstract provided.

In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung

Journal of Business & Technology Law

No abstract provided.

Probing The 2d Kinematic Structure Of Early-Type Galaxies Out To 3 Effective Radii, R. N. Proctor, D. A. Forbes, J. P. Brodie, Aaron J. Romanowsky, J. Strader, M. Spolaor, J. T. Mendel, L. Spitler

Faculty Publications

We detail an innovative new technique for measuring the two-dimensional (2D) velocity moments (rotation velocity, velocity dispersion and Gauss–Hermite coefficients h3 and h4) of the stellar populations of galaxy haloes using spectra from Keck DEIMOS (Deep Imaging Multi-Object Spectrograph) multi-object spectroscopic observations. The data are used to reconstruct 2D rotation velocity maps. Here we present data for five nearby early-type galaxies to ∼three effective radii. We provide significant insights into the global kinematic structure of these galaxies, and challenge the accepted morphological classification in several cases. We show that between one and three effective radii the velocity dispersion declines very …

Measuring Measuring: Toward A Theory Of Proficiency With The Constructing Measures Framework, Brent M. Duckor, K Draney, M Wilson

Faculty Publications

This paper is relevant to measurement educators who are interested in the variability of understanding and use of the four building blocks in the Constructing Measures framework (Wilson, 2005). It proposes a uni-dimensional structure for understanding Wilson’s framework, and explores the evidence for and against this conceptualization. Constructed and fixed choice response items are utilized to collect responses from 72 participants who range in experience and expertise with constructing measures. The data was scored by two raters and was analyzed with the Rasch partial credit model using ConQuest (1998). Guided by the 1999 Testing Standards, analyses of validity and reliability …

Aliens In The Garden, Jared A. Goldstein

Law Faculty Scholarship

This Article examines environmental rhetoric and argues that a nationalist conception of nature has long distorted environmental policies. Environmental discourse frequently seeks to explain the natural world by reference to the world of nations, a phenomenon that can be characterized as the “nationalization of nature.” A contemporary example of the nationalization of nature is the rhetoric of “invasive species,” which depicts harmful foreign plants and animals in ways that bear an uncanny resemblance to the demonization of foreigners by opponents of immigration. A typical newspaper article about invasive species, bearing the headline “Eeeeek! The eels are coming!,” warned about an …

The Method And Role Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Money As Simulacrum: The Legal Nature And Reality Of Money, John J. Chung

Law Faculty Scholarship

No abstract provided.

Aspen Succession And Nitrogen Loading: A Case For Epiphytic Lichens As Bioindicators In The Rocky Mountains, Usa, Paul C. Rogers, Kori D. Moore, Ronald J. Ryel

Wildland Resources Faculty Publications

Question: Can lichen communities be used to assess shortand long-term factors affecting seral quaking aspen (Populus tremuloides) communities at the landscape scale? Location: Bear River Range, within the Rocky Mountains, in northern Utah and southern Idaho, USA. Method: Forty-seven randomly selected mid-elevation aspen stands were sampled for lichens and stand conditions. Plots were characterized according to tree species cover, basal area, stand age, bole scarring, tree damage, and presence of lichen species. We also recorded ammonia emissions with passive sensors at 25 urban and agricultural sites throughout an adjacent populated valley upwind of the forest stands. Nonmetric multidimensional scaling (NMS) …

Forestry Camp At The Crossroads: Future Scenarios For Environmental Learning At An Historic University Site, D. Transtrum, G. Nelson, S. Mcarthur, D. Trauntvein, E. Andrus, A. Chadwick, D. Frazier, S. Hunt, K. Mitchell, C. Wirick, Paul C. Rogers

Wildland Resources Faculty Publications

No abstract provided.

Betraying Truth: Ethics Abuse In Middle East Reporting, Kenneth Lasson

All Faculty Scholarship

This article presents a brief overview of press freedom under the First Amendment, attempts to create a working definition of media “objectivity,” examines various codes of professional ethics for journalists, and analyzes specific cases in which such standards have allegedly been abused or abandoned in Middle East reporting.

Return Of The Poll Tax: How The Internet Threatens 200 Years Of Progress Toward Equality, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

Efficient Definition And Communication Of Patent Rights: The Importance Of Ex Post Delineation, William Hubbard

All Faculty Scholarship

As with any area of law, rights and duties relating to patents should be clearly communicated in an efficient manner. Unfortunately, uncertainty concerning the scope of the rights granted by patents frequently results in expensive litigation. Most proposals for reducing this uncertainty do not examine its root causes and focus only on measures to provide additional clarification in patent applications. Such ex ante proposals are often inefficient because considerable uncertainty is inherent, given the limits of language and of our ability to foresee future developments. In addition, ex ante clarification often would be wasteful because so few patents are valuable …

Freedom Of Association, The Communist Party, And The Hollywood Ten: The Forgotten First Amendment Legacy Of Charles Hamilton Houston, José F. Anderson

All Faculty Scholarship

Charles Hamilton Houston, the most important civil rights lawyer of the first half of the 20th century who developed the legal strategy in Brown v. Board of Education, ended his fabulous legal career representing a group of Hollywood screen writers known as the Hollywood Ten. See Lawson and Trumbo v. United States, 176 F.2d 49 (D.C. App.1949). In that case convictions and jail sentences were upheld for the defendants' failure to answer questions from the House Committee on Un-American Activities (HCUA) about their views on communism and whether or not each was members of the Communist Party. The matters in …

General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Cuison Villazor

Publications

No abstract provided.

The Exceptional Nature Of Terrorism: The United States And Middle Eastern Legal Systems, Wadie E. Said

Publications

No abstract provided.

Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff

All Faculty Scholarship

The article will begin its discussion by identifying the values at stake in the field of oncofertility. These values include the constitutional protection of the rights of women and minors to bear children and to use reproduction-assisting technologies, as well as the feminist critique of gendered expectations that may pressure women to use these technologies.

Part III will focus on the medical options of oncofertility. It will also discuss some conditions that may lead otherwise fertile and young patients to lose their ability to bear children as a side-effect of necessary medical treatment. The article will then proceed to discuss …

A House Divided: Earl Caldwell, The New York Times, And The Quest For A Testimonial Privilege, Eric Easton

All Faculty Scholarship

In the 1972 case of Branzburg v. Hayes, the Supreme Court held that the First Amendment does not protect journalists who refuse to reveal their confidential sources or news gathering product in response to a federal grand jury subpoena. That decision has remained vital for 35 years and has reverberated through a number of recent high-profile cases. Despite some form of protection in nearly every state court, reporters haled before a federal judge may have no recourse save prison. Devastating as Branzburg has been for the so-called journalist's privilege, its negative impact has been far broader. Branzburg is one of …

Introductory Note To Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), International Court Of Justice, Judgment Of 13 July 2009, Nienke Grossman

All Faculty Scholarship

The Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua) concerns the rights of Nicaragua and Costa Rica over part of the San Juan River, located in the territory of the former, but whose right bank and certain navigational rights belong to the latter. In its July 13, 2009 Judgment, the International Court of Justice ("ICJ") made a number of specific rulings regarding the scope of Costa Rica's right to free navigation, Nicaragua's power to regulate that right, and Costa Rican riparians' subsistence fishing rights. Aside from its immediate significance for the litigating parties, the Judgment is noteworthy for …

Legitimacy And International Adjudicative Bodies, Nienke Grossman

All Faculty Scholarship

This article proposes a theory of legitimacy tailored to international courts and tribunals. In Part II of this paper, the article defines an "international adjudicative body" as a dispute resolution mechanism - also called a "court" or "tribunal" - which decides disputes between litigants, at least one of whom must be a state, and comments on this definitional choice. The analysis in this article is limited only to adjudicative bodies where states are involved as litigants because a different set of legitimacy-influencing factors may be present when only private parties are involved. Next, it lays out a theory of legitimacy …

An Open Letter From Heaven To Barack Obama, F. Michael Higginbotham

All Faculty Scholarship

Since the passing of A. Leon Higginbotham, Jr. in 1998, many have wondered what the award winning author, longest-serving black federal judge, first black to head a federal regulatory agency, recipient of the Spingarn Medal and the Congressional Medal of Freedom, and author of the famous “Open Letter to Clarence Thomas” would think of the state of race relations today. Appointed to the Federal Trade Commission in 1962, Higginbotham served in several powerful federal positions including Vice-Chairman of the National Commission on the Causes and Prevention of Violence, member of the first wiretap surveillance court, and chief judge of a …

The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing “First Drafts,” Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller

Faculty Scholarship

Fabricated testimony by informants often plays an important role in convictions of the innocent. In this article, I examine the particularly problematic situation of defendants who are innocent of the particular crime charged but are not strangers to crime. As to such defendants, potential informants abound among crime associates, and they have a ready story line that authorities are preconditioned to accept. Independent proof, which could be an antidote, will predictably be lacking. Indeed, that the informant has exclusive, critical knowledge often leads the prosecution to offer particularly tempting deals.

I focus on the case of Lee Wayne Hunt, a …

Ratification: Useful But Uneven, Deborah A. Demott

Faculty Scholarship

Ratification permits a principal to determine to be bound by the legal consequences of action taken by an agent after the fact of the agent’s conduct when the principal would otherwise not be bound. By ratifying a principal may clarify the effects of uncertainty, furnishing reassurance to the agent, the third party with whom the agent dealt, and other parties interested in the status of the transaction. However, at the point the principal decides whether to ratify, the principal knows facts not known to agent and third party at the time of the agent’s unauthorised transaction, in particular subsequent developments …