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2009

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Beyond Greenspan, Rich Danker Jan 2009

Beyond Greenspan, Rich Danker

Pepperdine Policy Review

With the economy dominating today’s headlines and conversations it is hard to remember that we were preoccupied with economic events during the last decade, too. The 1990s were mostly a time of tremendous growth and innovation, but they were not without their own trials and crises. In fact, the conventional wisdom was that only one man truly understood what was happening, and he was leading the economy to prosperity amidst the perils of capitalism. Alan Greenspan was a rock star to the political and financial establishments of his time.

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Message From The Editor, Nicolas Valbuena Jan 2009

Message From The Editor, Nicolas Valbuena

Pepperdine Policy Review

An introduction to this issue by the editor-in-chief.

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The Domestic Causes And International Consequences Of The U.S. Government’S Sugar Price Support Programs, Shannon Anderson Jan 2009

The Domestic Causes And International Consequences Of The U.S. Government’S Sugar Price Support Programs, Shannon Anderson

Pepperdine Policy Review

Life-long farmer Thomas Jefferson prioritized agriculture in his presidential administration because he envisioned a nation of yeoman farmers laboring upon the fertile New World soil, nourishing the nascent American society with the food they produced. Today, nearly two hundred years removed from the lifetime of Thomas Jefferson, the goal of supporting this noble profession has spawned several agricultural price support programs. However, these numerous programs seem to have a convoluted rationale and, at best, questionable justifications in today‘s neo-liberal trade climate. In fact, they seem to fly in the face of both classical Liberal economic theories and the American tradition …

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Republican Agonistes, Troy Senik Jan 2009

Republican Agonistes, Troy Senik

Pepperdine Policy Review

The psychology of the Republican party in the early days of 2009 reveals a coalition humiliated by defeat, insecure in its principles, and fearful of a new president who may prove to have Ronald Reagan‘s gifts for charming his way into the support of people with whom he is ideologically incompatible. This hyperventilation – though characteristically American – is both over-stated and premature. The GOP has had its fair share of false death knells over the past half-century – and each time it has quickly come roaring back.

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Why Does The U.S. Military Have Chaplains?, Hans Zieger Jan 2009

Why Does The U.S. Military Have Chaplains?, Hans Zieger

Pepperdine Policy Review

No office in America is so delicately balanced between church and state as that of the military chaplain. On one hand, the chaplain wears the uniform of his service. He is answerable to his commander in war and peace. As a defender of the U.S. Constitution, he is a partisan for a particular City of Man. On the other hand, he is the designated spokesman for the City of God in the nation‘s Armed Forces. He is the ordained representative of a religious tradition, accountable above all to the Almighty. How could such a phenomenon have gotten past the Founding …

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Biosignature Storage In Sulfate Minerals- Synthetic And Natural Investigations Of The Jarosite Group Minerals, Julia Michelle Kotler Jan 2009

Biosignature Storage In Sulfate Minerals- Synthetic And Natural Investigations Of The Jarosite Group Minerals, Julia Michelle Kotler

Graduate Student Theses, Dissertations, & Professional Papers

The discovery of jarosite on Mars in 2004 generated increased interest in the properties of the mineral related to the search for life on other planets. Several studies indicate that the formation of jarosite can be linked to biological activity on Earth and biomolecules such as amino acids have been found associated with terrestrial jarosite samples. A series of natural and synthetic investigations using different jarosite end-members has been conducted and is presented in this dissertation to investigate the possibility that jarosite can store biosignatures. Natural samples were analyzed by x-ray diffraction, elemental carbon analysis and laser-desorption Fourier transform mass …

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Animal Vegetable Mineral, Eva Lys Champagne Jan 2009

Animal Vegetable Mineral, Eva Lys Champagne

Graduate Student Theses, Dissertations, & Professional Papers

There is a radical unity supporting the vast diversity of appearances in nature that makes distinct categorizations like “animal, vegetable or mineral” superficial at best. The unifying element has been called energy, or, as Emerson put it, “thought is the common origin.” This guiding principle, a life spent by the sea, and an enduring fascination with nature’s forms, has resulted in my current body of work. By combining formal references to animals, vegetables and minerals I create intentionally ambiguous ceramic sculptures that seem to exist in the fluid margin between categories. My aim is toward something composite that challenges the …

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The Experimental Silicification Of Bacillus Subtilis, Aaron Chase Tenesch Jan 2009

The Experimental Silicification Of Bacillus Subtilis, Aaron Chase Tenesch

Graduate Student Theses, Dissertations, & Professional Papers

Silica, particularly the stable phase of silica, quartz is chemically and physically resistant to weathering. Microorganisms are commonly incorporated into silica deposits formed by silica precipitation from geothermal fluids that are over saturated with respect to silica. Silica deposits have provided the oldest evidence of life identified on Earth in the form of fossil microorganisms. The first signs of life found beyond Earth may occur as microfossils in silica deposits. Experiments were conducted on the gram positive bacterium Bacillus subtilis to test the effects of silica concentration, dissolved Fe, and dissolved Al upon silicification processes. Results from initial experiments demonstrated …

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The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman Jan 2009

The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman

Faculty Scholarship

In reflecting on the arc of US and coalition detention operations in Afghanistan, three key issues related to the law of armed conflict stand out: one substantive, one procedural and one policy. The substantive matter – what are the minimum baseline treatment standards required as a matter of international law? – has clarified significantly during the course of operations there, largely as a result of the US Supreme Court's holding in Hamdan v. Rumsfeld. The procedural matter – what adjudicative processes does international law require for determining who may be detained? – eludes consensus and has become more controversial …

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Family-School Connections And Internalizing Problems Among Children Living With Asthma In Urban, Low-Income Neighborhoods, Karla Klein Murdock, Elizabeth M. Robinson, Sue K. Adams, Jennifer Berz, Michael J.D. Rollock Jan 2009

Family-School Connections And Internalizing Problems Among Children Living With Asthma In Urban, Low-Income Neighborhoods, Karla Klein Murdock, Elizabeth M. Robinson, Sue K. Adams, Jennifer Berz, Michael J.D. Rollock

Human Development and Family Science Faculty Publications

Children with asthma living in urban environments are at risk for experiencing internalizing problems and difficulties at school due to social context and health-related stressors. Parent confidence and participation in the school and children’s attitudes about school were explored in association with children’s depressed mood and school anxiety. Forty-five parent—child dyads were recruited from urban community health centers. Most participants were members of ethnic minority groups. Hierarchical multiple regression analyses revealed that higher levels of parent confidence in the school were associated with fewer symptoms of school anxiety in children. Children’s attitudes toward school moderated the relation between parent participation …

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Sixty Years On: The International Human Rights Movement Today, Penelope Andrews Jan 2009

Sixty Years On: The International Human Rights Movement Today, Penelope Andrews

Articles & Chapters

In this short essay I focus on the contemporary human rights movement, and in particular three broad areas of human rights. I provide a descriptive listing or cataloguing, commencing with a short consideration of the definition of what we refer to as the human rights movement. Based on my remarks as part of a panel discussion, I consider the human rights movements in three somewhat distinct categories: first, the structure and proliferation of human rights organizations; second, the seemingly growing human rights culture; and third, human rights violations by nations and private actors.

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Introduction: International Review Of Constitutionalism Special Issue On Law, Poverty And Economic Inequality, Penelope Andrews, Frank W. Munger Jan 2009

Introduction: International Review Of Constitutionalism Special Issue On Law, Poverty And Economic Inequality, Penelope Andrews, Frank W. Munger

Articles & Chapters

Editors introduction: This collection of articles by noted scholars examines what law and legal institutions can do to alleviate poverty and economic inequality in the new economic and political environment. The articles explore the contours of many struggles for distributive justice. They describe contemporary constitutional strategies, such as the incorporation of economic, social and cultural rights in constitutions in relation to grassroots anti-poverty campaigns in many parts of the world, including campaigns for rights in South Africa, and poor people's economic and human rights campaigns in the United States. Such campaigns face well-known disadvantages in contending with entrenched, powerful, and …

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A Fair Price And A Fair Deal: On The Future Of 'Entire Fairness' In Freezeouts, Faith Stevelman Jan 2009

A Fair Price And A Fair Deal: On The Future Of 'Entire Fairness' In Freezeouts, Faith Stevelman

Articles & Chapters

Controlling shareholders can compel the sale of minorities’ shares in freezeouts, potentially to their financial detriment. To limit controllers’ opportunism and support the value of minorities’ investments, the Delaware supreme court has endorsed strong minority shareholder protections under the rubric of 'Entire Fairness' – the governing standard for cash-out mergers. However, the court of chancery has refused to apply Entire Fairness to tender offer freezeouts, and is advocating unifying freezeout doctrine around a looser, deferential standard of review. The influence of popular and Congressional concern over excess plaintiff lawyers’ fees and discovery costs is likely making itself felt, although the …

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Marilyn Mccord Adams, Christ And Horrors: The Coherence Of Christology, Paul K. Moser Jan 2009

Marilyn Mccord Adams, Christ And Horrors: The Coherence Of Christology, Paul K. Moser

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

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The Sense Of Deity And Begging The Question With Ontological And Cosmological Arguments, Daniel M. Johnson Jan 2009

The Sense Of Deity And Begging The Question With Ontological And Cosmological Arguments, Daniel M. Johnson

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

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John Clayton, Religions, Reasons And Gods: Essays In Cross-Cultural Philosophy Of Religion, Nancy Frankenberry Jan 2009

John Clayton, Religions, Reasons And Gods: Essays In Cross-Cultural Philosophy Of Religion, Nancy Frankenberry

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

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Cornea And Inductive Evidence, Justin P. Mcbrayer Jan 2009

Cornea And Inductive Evidence, Justin P. Mcbrayer

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

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Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold Jan 2009

Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold

Other Publications

Over the past 25 years, there has been a dramatic increase in the acquisition of conservation easements by nonprofit organizations. Privately held conservation easements, i.e., those held by nonprofits rather than governmental entities, have thus emerged as an important and growing tool for the preservation of natural and scenic features of the United States landscape.

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Confirm Harold Koh As State Department Legal Adviser, Brandt Goldstein Jan 2009

Confirm Harold Koh As State Department Legal Adviser, Brandt Goldstein

Other Publications

No abstract provided.

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Free From Decree, David Schoenbrod, Ross Sandler Jan 2009

Free From Decree, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.

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Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin Jan 2009

Equality, I Spoke That Word/ As If A Wedding Vow: Mental Disability Law And How We Treat Marginalized Persons, Michael L. Perlin

Articles & Chapters

No abstract provided.

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Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer Jan 2009

Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer

Articles & Chapters

No abstract provided.

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The Clinical Year, Stephen J. Ellmann Jan 2009

The Clinical Year, Stephen J. Ellmann

Articles & Chapters

This article makes the case for the value – and the feasibility, under current accreditation and related rules governing law schools - of a clinical rotation for law students, modeled on the rotations that are a key part of medical school education. The “clinical year,” which would engage students in almost full-time practice/study for their third year of law school, could be a significant step in building the complete apprenticeship that the Carnegie Foundation for the Advancement of Teaching has urged. It would also rely to a large extent on the supervision, and teaching, that adjunct law school faculty – …

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Legal And Policy Choices In The Aftermath Of The Subprime And Mortgage Financing Crisis, Gerald Korngold Jan 2009

Legal And Policy Choices In The Aftermath Of The Subprime And Mortgage Financing Crisis, Gerald Korngold

Articles & Chapters

This essay, delivered at a symposium at the University of South Carolina in October 2008 and forthcoming in South Carolina Law Review, sets out initial thoughts about to the legal and policy choices that decision makers must address in the aftermath of the subprime crisis that has since triggered a global financing crunch. After tracing a narrative of how subprime lending grew into a mortgage financing crisis and then a broader financial dislocation, the essay addresses two issues. First, while it is commonly stated that increased regulation will be required in secondary mortgage markets going forward, the essay explores competing …

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The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler Jan 2009

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

Articles & Chapters

No abstract provided.

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Global Funder, Grassroots Litigator—Judicialization Of The Environmental Movement In Thailand, Frank W. Munger Jan 2009

Global Funder, Grassroots Litigator—Judicialization Of The Environmental Movement In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.

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Talking The Talk, Or Walking The Walk? Outcome-Based Regulation Of Transnational Investment, Jerry Ellig, Houman B. Shadab Jan 2009

Talking The Talk, Or Walking The Walk? Outcome-Based Regulation Of Transnational Investment, Jerry Ellig, Houman B. Shadab

Articles & Chapters

Today, individual U.S. retail investors have virtually limitless opportunities to invest their money, with a notable exception: they cannot directly invest in securities of foreign issuers and still be protected under U.S. law. This missing opportunity deprives U.S. investors of the ability to fully diversify their investments and also imposes undue costs and risks upon investors seeking to invest directly overseas. This Article shows that a Securities and Exchange Commission ("SEC") policy of "mutual recognition" of foreign regulatory regimes that achieve investor protection outcomes comparable to those of the SEC would solve this problem. A foreign issuer or other entity …

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What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin Jan 2009

What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin

Articles & Chapters

Law on the screen gives rise to a distinct way of doing jurisprudence. In this sense, it is incumbent upon legal scholars to discern with great care the kind of reality and the way of being that cinematic and electronic screens invite us to assume. Jurisprudence theorizes law in accordance with the cultural and cognitive meaning making tools at its disposal: story frames, character types, social scenarios, metaphors, as well as cultural and socially embedded or constructed emotional patterns, among other narratival and purely sensational elements. Law and film studies thus may be viewed as encompassing a larger concern with …

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Front Matter Jan 2009

Front Matter

Michigan Law Review

No abstract provided.

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In God We Trust: Images Of God And Trust In The United States Among The Highly Religious, F. Carson Mencken, Christoper Bader, Elizabeth Embry Jan 2009

In God We Trust: Images Of God And Trust In The United States Among The Highly Religious, F. Carson Mencken, Christoper Bader, Elizabeth Embry

Sociology Faculty Articles and Research

In this analysis, the authors use Greeley's 'religion as poetry' model to frame an analysis of images of God and trust among the highly religious. Using the 2005 Baylor Religion Survey, the authors regress four ordinal measures of social trust on two images of God measures and a bank of religion and demographic controls. The authors find that having a loving image of God creates greater levels of trust in all four measures among the highly religious. They also find that having an image of God as angry creates less trust in all four measures of trust. Implications for theory …

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