Digital Commons Network^™

Red: Racism And The American Indian, Bethany Berger

Faculty Articles and Papers

How does racism work in American Indian law and policy? Scholarship on the subject has too often assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of White-Black racism, such as uses of blood quantum, as evidence of racism, or has emphasized the lack of such hallmarks, such as prohibitions on interracial marriage, to argue that racism is not a significant factor. This Article surveys the different eras of Indian-White interaction to argue that racism has been important in those interactions, but has worked …

Vol. 7, No. 01 (January/February 2009)

Indiana Law Update

No abstract provided.

Mb 610 Learning A Language And Culture, Dale F. Walker

Syllabi

Required books for the course: 1. Abbott, Edwin A. (1884; 1979) Flatland: A Romance of Many Dimensions. NY: Dover. 2. Agar, Michael (1994) Language Shock: Understanding the Culture of Conversation. NY: Quill. 3. Brewster, E. Thomas and Brewster, Elizabeth S. (1976) Language Learning Made Practical. Pasadena: Lingua House. 4. Marshall, Terry (1989) The Whole World Guide to Language Learning. Yarmouth: Intercultural Press. 5. Nida, Eugene A. (1960; 1990) Message and Mission: The Communication of the Christian Faith. Pasadena: Wm Carey. 6. Sandoz, Mari (1953; 1992) Cheyenne Autumn. Lincoln: Univ. of Nebraska Press.

Youth Movements In Latin America: 20th Century Stories Of Age, Struggle, And Socio-Political Independence, Amaris Delcarmen Guzman

Open Access Theses & Dissertations

Throughout the latter half of the 20th Century, the very nature and everyday functions of Latin American governments under dictatorship, authoritarian-like governments, and military regimes were questioned and challenged by many of its citizens, especially its young citizenry. Literary journals and books suggest that many young people in the late 1950's to early 1980's were very aware of their government's practices, did not agree with such practices of the government, and therefore created youth movements in countries as the case in the Dominican Republic, Mexico, and Brazil to bring about change. This topic was brought about as an interest to …

The Resilience Of Law, Joseph Vining

Book Chapters

One of the striking developments in academic law in the past half century is the reconception of law as one of the social sciences. The idea at work in this movement, as Joseph Vining says in this essay, is not that the law should use the findings of other disciplines for its own purposes and in its own way, but that in some deep way law itself - legal thinking, legal life - can and ought to proceed on the premises of social science, indeed of science itself. This is in one sense obviously impossible: a scientific rule is a …

Brief Remarks On The Supreme Court's Role After 9/11: Continuing The Legal Conversation In The War On Terror, Anthony J. Colangelo

SMU Law Review

In thinking about what I might say on the topic of civil liberties after 9/11, an idea that occurred to me was to give a snapshot of the Supreme Court's role in the perceived tug-of-war between national security and individual rights, arising out of the "war on terror." How has the Court responded to the government's positions? And in what ways has it attempted to strike the proper balance under the Constitution?

The Supreme Court decisions are long and, at points, exceedingly technical. But I think there are a couple of themes we can pull out, and in doing so, …

Confidential Communique From Brussels - Antitrust In America: Fugitive On The Run, Rudolph J. Peritz

SMU Law Review

No abstract provided.

Legal Process Outsourcing To India: So Hot Right Now, Alexandra Hanson

SMU Law Review

No abstract provided.

The Integration Of Unmanned Aerial Vehicles Into The National Airspace, Timothy M. Ravich

North Dakota Law Review

No abstract provided.

Law From Above: Unmanned Aerial Systems, Use Of Force, And The Law Of Armed Conflict, Chris Jenks

North Dakota Law Review

No abstract provided.

Equality And The Free Exercise Of Religion , Bret Boyce

Cleveland State Law Review

Part I of this Article begins with a brief overview of Supreme Court case law on free exercise exemptions, which provides a background for modern historical and normative debates. Part II examines the original understanding of the Religion Clauses, which proponents of “substantive neutrality” claim supports their position. This Part rejects that claim, concluding that the limited evidence of the original understanding of the First Amendment and the Fourteenth Amendment (under which current doctrine makes the First Amendment's guarantees applicable to the states) does not provide a firm basis for resolving modern debates over exemptions, but is at least as …

Application Of The U.C.C. To Nonpayment Virtual Assets Or Digital Art, Sarah Howard Jenkins

Law Faculty Scholarship

No abstract provided.

Volumes 4 And 5

McNair Scholars Journal

No abstract provided.

"The Momentous Gravity Of The State Of Things Now Obtaining": Annoying Westphalian Objections To The Idea Of Global Governance, Timothy W. Waters

Indiana Journal of Global Legal Studies

Are there situations in which otherwise attractively complex, sub- and cross-national networks are unlikely to replace the hoary old Westphalian state? Perhaps, but whatever the answer, global governance as a discipline seems to have a hard time fully considering the question. One oft he problems with operationalizing global governance may be the simultaneous profligacy and poverty of the idea itself: its definitional overemphasis on change and consequent inattention to the state's capacity to reconstitute its core functions and thus to achieve a predictable continuity. As a result, for all the excellent work done under its name, global governance as a …

A Model For Using Managed Services In Designing And Supporting A Wireless Local Area Network For The Navy Marine Corps Intranet, Joseph L. Roth

CCAC Theses and Dissertations

The purpose and content of this work are to explore the proper strategy on how to deploy multi-service mobile net centric warfare, or FORCEnet, the Navy's concept for Net Centric Warfare. In this research, the author examined where the Navy Marine Corps Intranet (NMCI) fits into this vision and how it is mobile and multi-service compatible. It also explored how low-cost commercial approaches such as IEEE 802.11 wireless local area network technologies can be implemented as a joint notion of Net Centric Warfare in terms of a Service Oriented Architecture (SOA). The problem investigated in this study was to evaluate …

Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito

Faculty Publications By Year

The Universal Declaration of Human Rights represents a remarkable expansion in the recognition of the fundamental rights of all peoples. Nonetheless, consensus on the implementation of these rights is elusive. Two commonly referenced obstacles to achieving such a consensus are: (1) the United States’ practice of unilaterally exempting itself from international human rights treaties, i.e., American exceptionalism; and (2) resistance from those who see the international human rights movement as a means of imposing Western values on non-Western cultures. Considering these as related issues, both deriving from the Eurocentric nature of contemporary international law, this essay suggests that a truly …

Synthesis And Characterization Of Polyurethane-Urea-Clay And Polyvinylidene Fluoride-Clay Nanocomposites, Thomas Scott Ramotowski

Open Access Dissertations

Chemically-modified clay nanoparticles were incorporated into an acoustically clear, two-part thermosetting polyurethane-urea encapsulant. The dispersion of these platelet-like particles into the polyurethane-urea reduced its water permeability coefficient by 75% at a volume percent clay loading of less than 1%. At this low filler loading level, the density, sound speed, acoustic impedance, modulus, loss tangent and insertion loss of the polyurethane-urea-clay nanocomposites remained essentially unchanged from the values characteristic of the unfilled polyurethane. This study is the first to report the acoustic properties of polymer-clay nanocomposites. Additional data on synthesis/dispersion issues, the adhesive bonding ability of the polyurethane-urea-clay nanocomposites to aluminum …

Children's Exposure To Lead And Nickel In Esperance - A Case Study, Matthew Tristan Winters

Theses : Honours

This is a cross-sectional study of lead and nickel exposure of children aged 2-12 years living at varying distances from a point source of pollution in Esperance. Esperance was an ideal case study location because of previous environmental contamination with lead and nickel above background levels. Non-invasive biological samples of hair, toenails and urine were collected from participating children, and environmental samples, including house dust, soil and drinking water were also sampled from each participant household. Exposure was assessed by measuring the concentration of metals found in the biological samples, and determining their relationships with the environmental samples from each …

Empowerment Or Estrangement?: Liberal Feminism's Visions Of The "Progress" Of Muslim Women, Cyra Akila Choudhury

University of Baltimore Law Forum

No abstract provided.

Rescuing The Oppressed Doesn't Just Spoil War, Omar Ha-Redeye

Journal of Scriptural Reasoning

No abstract provided.

The Cultural And Literary Discourse Of War In 20th Century America, Robert Michael Ficociello

Legacy Theses & Dissertations (2009 - 2024)

In The Cultural and Literary Discourse of War in 2oth-century America, war is re-examined and re-historicized from an American perspective. First, war is contextualized in relation to urban studies, anthropology and literature. The dominant model, war is an extension of politics, for the analysis of war is decentered, and politics becomes the extension of war. In respect to America since the Revolutionary War, the nation is literally birthed from war, and the nation becomes an extension of that war. The perpetual re-writing of that war is seen through the discourses of history, politics, and literature. Therefore, the Cold War can …

Holding An Arsonist's Feet To The Fire? - The Legality And Enforceability Of The Icc's Arrest Warrant For Sudanese President Omar Al-Bashir, Lucas Buzzard

American University International Law Review

No abstract provided.

Speak No Evil: Academic Freedom And The Application Of Garcetti V. Ceballos To Public University Faculty, Robert J. Tepper, Craig G. White

Catholic University Law Review

No abstract provided.

Asymmetric World Jurisprudence, Caprice L. Roberts

Seattle University Law Review

This article argues that the Supreme Court should reconsider its prudential justiciability doctrines and their underlying assumptions. As a global theory, this Article offers a judicial dynamism model. It then articulates the relevance of the political question doctrine and the need to view the doctrine as prudential rather than constitutional. First, I discuss the Supreme Court's increased use of judicial minimalism and the political question doctrine to avoid important cases and reduce its docket. Second, I describe my model, in which the court takes a dynamic approach to such issues, dependent upon the political climate, to maintain its appropriate stature …

Heller And Nonlethal Weapons, Craig S. Lerner, Nelson Lund

UC Law Journal

Two important opinions in the past decade, both written by Justice Antonin Scalia, have sought to apply originalist jurisprudence to constitutional issues raised by technologies that were unknown at the time of the founding. In Kyllo v. United States, the Court held that using sense-enhancing technology to obtain information about the interior of a home, even without a physical intrusion, constitutes a Fourth Amendment search, at least if the technology is not "in general public use." This rule appropriately preserves the privacy that could only have been violated by a trespass in 1791. In District of Columbia v. Heller, the …

Second Amendment Limitations And Criminological Considerations, Don B. Kates, Clayton E. Cramer

UC Law Journal

Criminological studies which identify perpetrator characteristics are unanimous in finding that almost all murderers fall into three categories: (i) the mentally disturbed, and/or (2) adults with criminal records, and/or (3) juveniles with juvenile records. Many murder perpetrators exhibit two or all three characteristics. Thus laws such as the ones Heller invalidated that seek to disarm the general population have minimal value and deprive victims of the means of self-defense.

The Second Amendment does not guarantee: (i) weapons of indiscriminate destructiveness such as cannons, (2) any right of violent felons or of other felons whom legislatures reasonably identify as likely to …

International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf

Faculty Publications

In the aftermath of the terrorist attacks of September 11, 21, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just “politics” and does not render a “compliance pull” on State decisionmakers. Critics have pointed out that Goldsmith and Posner’s identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers’ responses to such …

2009 Presentation Abstracts, Grand Valley State University

Academic Conference Fund Abstracts

No abstract provided.

The Influence Of Rebellion Upon Sea Power : The Revolt Of The Admirals And The Fight For Navy Air, William M. Beasley

Electronic Theses and Dissertations

No abstract provided.

Post Bellum Aspects Of The Laws Of Armed Conflict, Jeremy Waldron

Faculty Articles

In this article, I shall consider a couple of suggestions regarding the relationship between jus post bellum and other aspects of the laws of armed conflict. In §§ 6-11, I shall consider and express some doubts about a hypothesis put forward by Michael Walzer on this subject. Walzer believes that the best account of some of the central doctrines of jus in bello is that they look forward to the viability of the situation post bellum: we refrain from killing civilians because there must be a people to make peace and prosper with after the cessation of hostilities. I shall …