Digital Commons Network^™

Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue

Touro Law Review

No abstract provided.

On Law And The Transition To Market: The Case Of Egypt, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

On the eve of independence from European colonialism, Egypt, like most other developing countries, undertook the project of de-linking itself from colonial economy by initiating domestic industrialization. The economic project known as Import Substitution Industrialization (“ISI”) was designed to liberate Egypt from raw commodity production--specifically, agricultural and mineral--servicing its previous colonial master, Great Britain. The engine of development would be an expanding public sector with nationalization and socialism as leitmotifs. In re-orienting the economy towards industrial production, Egypt hoped that the terms of trade with the international economy would significantly improve, thereby leading to an improvement in the living standards …

Constitutions For The 21st Century: Emerging Patterns-The Eu, Iraq, Afghanistan…, Chibli Mallat

Faculty Scholarship

Professor Mallat delivered the Third Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2004 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. Strong moments in constitution-making often result from traumas; the breakthroughs by the European Union and constitutional achievements by both Iraq and Afghanistan stand as modern examples. The traumas of Europe, Afghanistan, and Iraq have been typified by violent conflict over the past century, including two World Wars, the Cold War, and the ‘war on terrorism’. Efforts and successes at …

The Antitrust Of Reputation Mechanisms: Institutional Economics And Concerted Refusals To Deal, Barak D. Richman

Faculty Scholarship

An agreement among competitors to refuse to deal with another party is traditionally per se illegal under the antitrust laws. But coordinated refusals to deal are often necessary to punish wrongdoers, and thus to deter undesirable behavior that state-sponsored courts cannot reach. When viewed as a mechanism to govern transactions and induce socially desirable cooperative behavior, coordinated refusals to deal can sustain valuable reputation mechanisms. This paper employs institutional economics to understand the role of coordinated refusals to deal in merchant circles and to evaluate the economic desirability of permitting such coordinated actions among competitors. It concludes that if the …

Making Sense Of Schaumburg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu

Faculty Scholarship

The Supreme Court shaped its approach to charitable solicitation in a trilogy of cases in the 1980s: Schaumburg v. Citizens for a Better Environment (1980), Secretary of State of Maryland v. Joseph H. Munson Co. (1984), and Riley v. National Federation of the Blind of North Carolina (1988). Owing largely to ambiguity surrounding the concepts of content analysis, tiered scrutiny, and commercial speech emerging during that era, the Court failed to articulate a coherent framework for evaluating regulations of charitable solicitation. The result has left the Court without a clear understanding of the value of charitable solicitation. It has also …

A Careful Examination Of The Live Nation-Ticketmaster Merger, Barak D. Richman, Alan J. Meese

Faculty Scholarship

As great admirers of The Boss and as fans of live entertainment, we share in the popular dismay over rising ticket prices for live performances. But we have been asked as antitrust scholars to examine the proposed merger of Live Nation and Ticketmaster, and we do so with the objectivity and honesty called for by The Boss’s quotes above. The proposed merger has been the target of aggressive attacks from several industry commentators and popular figures, but the legal and policy question is whether the transaction is at odds with the nation’s antitrust laws.

One primary source of concern to …

Constitution And The Laws Of War During The Civil War, The Federal Courts, Practice & Procedure, Andrew Kent

Faculty Scholarship

This Article uncovers the forgotten complex of relationships between the U.S. Constitution, citizenship and the laws of war. The Supreme Court today believes that both noncitizens and citizens who are military enemies in a congressionally-authorized war are entitled to judicially-enforceable rights under the Constitution. The older view was that the U.S. government’s military actions against noncitizen enemies were not limited by the Constitution, but only by the international laws of war. On the other hand, in the antebellum period, the prevailing view was U.S. citizenship should carry with it protection from ever being treated as a military enemy under the …

The Politics Of The Real: Jazz, Hip Hop, And Satire - Conceptions Of Consciousness In The Twentieth Century African American Novel, Peter Thomas Clavin

Graduate Student Theses, Dissertations, & Professional Papers

In the African American experience of the twentieth century, cultural modes of expression became the primary outlet for a politics of resistance, a politics of fulfillment, and a politics of transfiguration within the context of a modem Western nation-state that marginalized and discriminated against the African American subject through ideology and cultural hegemony. This collective African American experience is one based on a reality of life-threatening racial violence that has plagued African Americans from the earliest days of the New Republic.

Lovington Dpac Master Plan, Petra Morris, Julia Oliver, Dominique Hinds Dupont, Jessica Dunn, Kristina Guist, Ron Guistinella, Yekaterina Yushmanova, Jessica Medrano, Chance Munns, Matthew Bollinger, Cesar Cruz, Robert Frankis, Cristel Haught, Sam George

Design and Planning Assistance Center - Projects

DPAC partners with New Mexico Main Street, a national nonprofit community organization that is administered in the State of New Mexico through the New Mexico Economic Development Department. Main Street's goal is to revitalize downtown centers. This revitalization comes in terms of physical infrastructure and aesthetic improvements, as well as economic stimulation. Thirteen students from the 2009 DPAC Studio were given the opportunity to work with the community of Lovington, NM.

2009-2010 Unm Catalog, Unm Office Of The Registrar

Course Catalogs

Course catalog for the years 2009-2010.

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 …

Faculty Publications And Creative Works 2009, Office Of The Vice President For Research

Office of the Vice President for Research

Faculty Publications & Creative Works is an annual compendium of scholarly and creative activities of University of New Mexico faculty during the noted calendar year. It serves to illustrate the robust and active intellectual pursuits conducted by the faculty in support of teaching and research at UNM.

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

SMU Law Review

No abstract provided.

College Readiness And Academic Successes For Arts Magnet And Traditional High School Graduates, Dianne Crum Dawood

UNF Graduate Theses and Dissertations

The purpose of this study was to explore the effectiveness of the arts magnet high school in preparing its graduates for college readiness from the threshold of college admission (high school grade point average and achievement scores) through matriculation to the type of baccalaureate degree awarded.

The setting was 15 public arts magnet high schools and 15 randomly-selected public traditional high schools and the Florida State University System of 11 postsecondary institutions. The research population was four 6-year cohorts of graduates of the 30 high schools in the present study (N = 8,967). Logistic and linear regression techniques, college …

Gender Violence Prevention: The Effects Of A Forum Theater Program On Bystander Efficacy And Behavior, Jennifer Nicole Crawford

Dissertations and Theses @ UNI

Sexual victimization on college campuses has been and remains a concern. In 1987 Koss, Gidycz, and Wisniewski reported that the prevalence of sexual victimization, including unwanted sexual contact, sexual coercion, attempted rape, and rape, among female college students was 54 percent, nearly three times that of women in the general population. The most recent National College Women Sexual Victimization study (Fisher, Cullen, & Turner, 2000) reported that 2.8% of women experienced rape or attempted rape during the academic year, with closer to 5% experiencing violence across twelve months. These findings, and those like them, have led to a rapid increase …

The Flawed Nature Of The False Marking Statute, Elizabeth I. Winston

Scholarly Articles

In 2005, the United States Court of Appeals for the Federal Circuit rendered a decision on an “issue of first impression” interpreting a one hundred sixty-three year old provision of the United States Code - the “false marking” statute embodied in 35 U.S.C. § 292. It is false marking to mark as patented an unpatented article if done with the intent to deceive the public and, as such, is a fineable offense. The false marking statute remains one of only a handful of qui tam actions left intact from a rich history of varied incentives provided by the government for …

Is It Really Possible To Do The Kessel Run In Less Than Twelve Parsecs And Should It Matter? Science And Film And Its Policy Implications, Dov Greenbaum

Vanderbilt Journal of Entertainment & Technology Law

The entertainment media influences our lives in a myriad of different ways--from the way we dress, to the language we use, to the products we buy. What might be less obvious are its influences on national policies. This Article, an introductory foray into the effects of media on policy, focuses on the effect that movies have on science policies in the United States and around the world. Through an analysis of both classic and recent blockbuster films and concurrent events involving science policies, this Article argues that Hollywood exerts an inordinate amount of influence on national science policies, and even …

A First Amendment For Second Life: What Virtual Worlds Mean For The Law Of Video Games, Marc J. Blitz

Vanderbilt Journal of Entertainment & Technology Law

In the first decade of the twenty-first century, video games have finally taken their place alongside movies, comic books, and drawings as a form of protected First Amendment speech. Since the Seventh Circuit's 2001 decision in American Amusement Machine Association v. Kendrick, court after court has struck down ordinances and statutes aimed at restricting violent video games--on the grounds that such violate game designers' and players' First Amendment speech rights. This series of rulings marks a stark change from courts' previous stance on video games, which consigned them to the same realm of unprotected non-speech conduct as games like tennis, …

The Magic Circle, Joshua A.T. Fairfield

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the concept of the "magic circle," the metaphorical barrier that supposedly excludes real-world law from virtual worlds. The Article argues that this metaphor fails because there is no "real" world as distinguished from "virtual" worlds. Instead of a magic circle, this Article advocates a rule of consent: actions in a virtual world give rise to legal liability if they exceed the scope of consent given by other players within the game. The Article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual …

Dr. Strange-Rating Or: How I Learned That The Motion Picture Association Of America's Film Rating System Constitutes False Advertising, Jason K. Albosta

Vanderbilt Journal of Entertainment & Technology Law

The Motion Picture Association of America (MPAA), a trade association whose members include film production studios, distributors, and theater chains, administers the most popular system for rating the content contained in the vast majority of publicly exhibited motion pictures in the United States. The stated goal of the rating scheme is to caution parents about any objectionable content that a film contains in order to allow them to make informed decisions about which films they will allow their children to see. While the rating scheme has undergone several changes since its establishment to further its stated goal, a fundamental conflict …

Northern Eclecta - Volume 3 : 2009

Northern Eclecta

No abstract provided.

Leatherby Letters - Spring 2009, Leatherby

Leatherby Letters Archive

Newsletter of Chapman University's Leatherby Libraries. Volume 2, Issue 2.

Communication Seminar, Steelman Library, Chad Neuman

Syllabus Repository

No abstract provided.

Communication Seminar, Steelman Library, Chad Neuman

Syllabus Repository

No abstract provided.

Communication Strategies For Dprca And Other Non-Profit Arts Organizations, Sarah Jane Smith Warren

Communication

The purpose of this study was to explore the relationship between the sojourn, or overseas travel, and the development of traveler intercultural communication self-efficacy. Self-efficacy, an individual's perception of his or her own ability to accomplish tasks (Bandura, 1997), originates from the psychology discipline and has rarely been applied to communication. The study examines and extends the work of Milstein (2005), a communication scholar who investigated the relationship between the sojourn and intercultural communication self-efficacy and found a positive relationship between the two. This study investigated how the experience of the sojourn affects traveler perceptions of their own intercultural communication …

Strange Duets: Impressarios And Actresses In The American Theatre, 1865-1914 (Review), Jocelyn Buckner

Theatre Faculty Articles and Research

"In Strange Duets: Impresarios and Actresses in the American Theatre, 1865-1914, Kim Marra invites readers into the tumultuous world of late-nineteenth and early-twentieth-century theatre through an examination of the on-and-off stage relationships between leading ladies and the men who claimed to have fashioned their success. The text is a pièce de résistance of intersectional historical scholarship, analyzing the ways race, class, gender, and sexuality both influenced and were influenced by the relationships forged between men and women of the theatre during the wax and wane of Victorian sentiment, the emergence of Darwinian theories on evolution, and the rise of …

The Potential Of Asynchronous Video In Online Education, Michael E. Griffiths, Charles R. Graham

Faculty Publications

There are differences in the benefits that are afforded by the two extremes of face-to-face and distance education. University campus courses are based on the assumption that the student community and interaction between learners and an expert teacher in the same physical location is essential to the learning process. In comparison, distance education provides a learner with flexibility, individualized learning, lower costs, and self-determination in the learning process. Much research has been invested into modern approaches that may be able to harness key benefits from both face-to-face and distance education. One recent breakthrough has come in the use of asynchronous …

Chinese New Year In West Kalimantan: Ritual Theatre And Political Circus, Margaret Chan

Research Collection School of Social Sciences

Since 2002, when Chinese New Year became a national holiday in Indonesia, spirit medium parades on the fifteen day of the New Year (called Cap Go Meh) have been growing in size in certain West Kalimantan towns, especially Singkawang. This parade in particular has become a major tourist draw-card. Referring to local history, Chinese popular religion and Hakka culture, this article applies a performance analysis methodology to dissect this contemporary phenomenon from religious, historical and inter-ethnic perspectives. It shows how the parades have become enmeshed in current inter-ethnic politics in West Kalimantan, as well as revealing the way that adaptations …

The Magic Of Chinese Theatre: Theatre As A Ritual Of Sacral Transmogrification, Margaret Chan

Research Collection School of Social Sciences

Social and Staged dramas, entertainment and ritual; Chinese theatre and religion share a dialectical relationship. Ancient exorcistic rituals became dramatized to awe and inspire the audience of devotees. Eventually, exorcistic troupes had to compete among themselves to attract audiences, so that an element of entertainment came into ritual theatre. Travelling story-tellers and drama troupes went from place to place entrancing their audiences with stories of gods and heroes. The actors used costumes, props and masks, and soon the characters from these entertaining theatre shows formed a cast of gods and folk heroes in the minds of the people. A dialectical …