Digital Commons Network^™

Escobedo V. Illinois, Yale Kamisar

Other Publications

378 U.S. 438 (1964), argued 29 Apr. 1964, decided 22 June 1964 by vote of 5 to 4; Goldberg for the Court, Harlan, Stewart, White, and Clark in dissent. When Danny Escobedo, a murder suspect, was taken to the police station and put in an interrogation room, he repeatedly asked to speak to the lawyer he had retained. Escobedo's lawyer soon arrived at the station house and repeatedly asked to see his client. Despite the persistent efforts of both Escobedo and his lawyer, the police prevented them from meeting. The police also failed to advise Escobedo of his right to …

Massiah V. United States, Yale Kamisar

Other Publications

377 U.S. 201 (1964), argued 3 Mar. 1964, decided 18 May 1964 by vote of 6 to 3; Stewart for the Court, White in dissent. Massiah was decided at a time when the Warren Court's “revolution in American criminal procedure” was accelerating. According to Massiah, after the initiation of adversary judicial proceedings (by indictment, as in Massiah's case, or by information, preliminary hearing or arraignment), the Sixth Amendment guarantees a defendant the right to rely on counsel as the “medium” between himself and the government. Thus, once adversary proceedings have begun, the government cannot bypass the defendant's lawyer and …

Kamisar, Yale, Jerold H. Israel

Other Publications

Kamisar, Yale (1929- ). Law professor. Born in the Bronx, N.Y., to an immigrant, working-class family of modest means and limited educational background, Kamisar received academic scholarships that enabled him to attend New York University (B.A., 1950) and, after enlisting in the army during the Korean War and winning a Purple Heart, Columbia Law School (LLB., 1954).

International Financial Centers And The World Economy, James R. Hines Jr.

Other Publications

International financial centers (IFCs) are countries and territories with low tax rates and other features that make them attractive investment locations. These properties of IFCs occasionally raise concerns that they may erode tax collections, divert economic activity, and otherwise burden nearby high-tax countries. A large body of economic research over the last 15 years considers these issues, with findings that point sharply in the opposite direction: the evidence strongly suggests that the policies of IFCs contribute to investment, employment, and the efficient functioning of markets and government policies in other countries.

IFCs contribute to economic activity by improving the potential …

Forsaken Generation: Stress, Social Suffering And Strategies Among Working-Class Pensioners In Post-Socialist Moldova, Romania, Gerard A. Weber

Dissertations, Theses, and Capstone Projects

This dissertation examines the lives of working-class pensioners in post-socialist, Galati, Romania. Its central thesis is that the transformation of Romania from socialism to capitalism beginning in 1989 has led to an "epidemic of stress" among retired, working-class people in the city. Marginalized by their age, class and location in the relatively economically underdeveloped region of Moldova, they have been among the hardest hit by the changes brought about with the introduction of neoliberal capitalism. Long familiar with life in a relatively stable economy, they have faced dramatic changes in this area since the revolution, including massive price instability and …

"Led By The Holy Spirit": The Missionary Career, Leadership, Thought, And Influence Of Alice Eveline Luce, Mikeuel Eugene Peterson

ATS Dissertations

No abstract provided.

The Effect Of Personal Narrative On Ethos In Preaching To Postmoderns, Robert Gibbs Couch

ATS Dissertations

No abstract provided.

A Model Of Missional Leadership Training In A Context Of Brokenness : A Case Study Of The Restoration Missionary Church In The Democratic Republic Of Congo, Fohle Lygunda Li-M

ATS Dissertations

No abstract provided.

Essays On The Impacts Of The Great Moderation On Business Cycle Modeling, Andre R. Neveu

Dissertations, Theses, and Capstone Projects

The research presented here is a comprehensive analysis of research on the "Great Moderation" and its impact on business cycle modeling. In the presence of a less volatile aggregate economy, the methods of modeling business cycles have fundamentally changed along with the ability to detect turning points in the business cycle using standard algorithms. Chapter One lays out the historical case for modeling the business cycle in a manner placing importance on the ability of a model to replicate features observed in actual GDP data, such as the depth and length of recessions, or the average height of expansions. Chapter …

Identity Development In Pre-Service Teachers Who Are Explainers In A Science Center: Dialectically Developing Theory And Praxis, Preeti Gupta

Dissertations, Theses, and Capstone Projects

This dissertation investigates how teaching in a hands-on science center contributes to re/shaping one's teaching identity. Situated at the New York Hall of Science (NYHS) in Queens, New York, my research approach is to conduct a critical ethnography where the focus is on improving the teaching and learning of science for all involved. In particular, Explainers, floor staff at NYHS, who are studying to be science teachers, are invited to become co-researchers with me.

Written as a manuscript style, this dissertation consists of six chapters. Each chapter foregrounds certain events and phenomena, and theory and method are woven in to …

Evolution And Diagnostic Potential Of Major Surface Proteases From Trypanosoma Vivax, T.Brucei Brucei And T.Congolense, Eunice M. Machuka

All Master’s Theses

Tsetse-transmitted trypanosomiasis is a disease unique to Africa, affecting both humans and animals. This disease occurs in about 10 million km2 in 37 sub-Saharan countries corresponding approximately to one-third of Africa's total land area, and threatens an estimated 50 million people and 48 million cattle. The estimated annual losses in cattle production alone are in the range of 1.0-1.2 billion dollars. The diagnosis of trypanosomiasis is notoriously difficult as there are no specific clinical signs and the intermittent and usually low parasitaemia make detection of the difficult. The trypanosomes are infamous for their ability to evade the immune responses by …

On The Dynamics Of Quasi-Self-Matings Of Generalized Starlike Complex Quadratics And The Structure Of The Mated Julia Sets, Ross Flek

Dissertations, Theses, and Capstone Projects

It has been shown that, in many cases, Julia sets of complex polynomials can be "glued" together to obtain a new Julia set homeomorphic to a Julia set of a rational map; the dynamics of the two polynomials are reflected in the dynamics of the mated rational map. Here, I investigate the Julia sets of self-matings of generalized starlike quadratic polynomials, which enjoy relatively simple combinatorics. The points in the Julia sets of the mated rational maps are completely classified according to their topology. The presence and location of buried points in these Julia sets are addressed. The interconnections between …

Enrichment, Isolation And Characterization Of Dichlorodiphenyltrichloroethane (Ddt) Microbial Degraders From Soils In Kenya, Julius Kinuthia Mwangi

All Master’s Theses

Dichlorodiphenyltrichloroethane (DDT) has been in use as an agricultural insecticide and as a disease vector control since 1939. Due to its persistence in the environment, its use has been surrounded by controversies regarding its safety to humans and the environment. There has been no reliable and replicable scientific evidence proving its harmful effects to humans though DDT was banned in many developed nations by 1970s. The DDT ban has seen to the reemergence of malaria and other insect borne diseases in the tropics. There being no better alternatives to DDT, its use to control malaria vector has been recommended by …

Identification And Characterization Of Variant Surface Glycoprotein (Vsg) Genes With Diagnostic Potential For Trypanosoma Brucei Rhodesiense, Lucia Akinyi

All Master’s Theses

Human African Trypanosomiasis (HAT) is present in 36 sub-Saharan African countries. The disease is easier to treat in early stage than late stage when treatment with melarsoprol is responsible for significant fatality. Therefore there is need to develop a diagnostic test for early detection before progression of the disease into the late stage. Currently available tests have poor sensitivity. Thus highly sensitive methods are needed for the detection of the parasite in human blood. The surface coat of bloodstream trypanosomes including the flagellum is composed predominantly of Variant Surface Glycoprotein (VSG). African trypanosomes have evolved a complex mechanism for sequentially …

Molecular Characterization And Genetic Diversity Of Tomato Root-Knot Nematodes (Meloidogyne Spp.) From Selected Localities Of Kenya, Rael Kayume Birithia

All Master’s Theses

Distinguishing pathogenic nematodes on the basis of morphological characters is difficult because differences in characters may be absent or difficult to observe. Hence identification to the species level is increasingly reliant on molecular based techniques. Polymerase Chain Reaction (PCR) based techniques offer possibilities for precision, sensitivity and quantification. Tomato root-knot nematodes from the three selected areas in Kenya were characterized by analysis of isozyme phenotypes and Restriction Fragment Length Polymorphism (RFLP) of the PCR products of mitochondrial cytochrome oxidase subunit II (COII) and the nuclear small subunit ribosomal DNA (SSUrDNA) region. Enzyme phenotypes, Esterases (EST) and malate dehydrogenase (MDH) were …

Analysis Of Chemical Composition Of Cowpea Floral Volatiles And Nectar, Consolata Atieno Ager

All Master’s Theses

Cowpea is one of the 14 species of grain legumes. It rewards insects by producing nectar and it advertises to the pollinators by producing floral volatiles. The volatiles act as cues that guide insect pollinators in terms of pollen and nectar. Floral volatile quality also influences the efficiency of pollination. Genetic manipulations involving selection of varieties with high quality floral volatiles and nectar can therefore increase pollination efficiency and hence cowpea yields. It is believed that efficiency of insect pollination in several food crops is dependent on the quality of floral volatiles. Several molecules, including allozyme, co-dominant and isozyme DNA …

Efficacy Of Metarhizium Anisopliae Icipe 78 And Acaricides In The Management Of The Two-Spotted Spider Mite, Tetranychus Urticae (Acari: Tetranychidae), On French Beans, (Phaseolus Vulgaris L.), Ottilie T. Shivolo

All Master’s Theses

French bean, (Phaseolus vulgaris) L. is key commodity for export in Kenya. The value of export increased from 4,466.7 Kenya Shillings in 2002 to 4,466.7 Kenya Shillings in 2006. Production of French beans is constrained by many factors including pests, lack of capital and credit facilities, fluctuation in demand, and difficult accessibility to the market, and improper grading. The major arthropod insect pests of French beans include bean stem maggots, flower thrips, pollen beetles, foliage beetles, and Tetranychid mites, Tetranychus urticae Koch, in particular. Emphasis has been put in breeding lines for resistance and developing IPM for the major insect …

Analysis Of Tsetse Fly (Diptera: Glossinidae) Blood Meals Using Mitochondrial Cytochrome Genes For Vertebrate Host Identification, Catherine Ngambi Nyawira

All Master’s Theses

Information on the vertebrate hosts of blood feeding vectors forms a useful decision-making tool in the planning of tsetse fly control and eradication operations. The objective of this study was to investigate the utility of mitochondrial Cytochrome c oxidase I and Cytochrome b gene sequences in the identification of tsetse fly blood meals in order to provide a basis for more rational control of trypanosomosis in East Africa. Blood fed Glossina swynnertoni were sampled from the Serengeti (Tanzania) and G. pallidipes were from Nguruman and Busia in Kenya.Tsetse blood meal analysis was carried out by amplification and sequencing, to score …

Working Sick: Lessons Of Chronic Illness For Health Care Reform, Elizabeth Pendo

Articles

Although chronic illness is generally associated with the elderly or disabled, chronic conditions are widespread among working-age adults and pose significant challenges for employer-based health care plans. Indeed, a recent study found that the number of working-age adults with a major chronic condition has grown by 25% over the past ten years, to a total of nearly 58 million in 2006. Chronic illness imposes significant costs on workers, employers, and the overall economy. This population accounts for three-quarters of all health care expenditures in the United States, 3 and a Milken Institute study recently estimated that lost workdays and lower …

Restrictions On Political Activity By Judges In Japan And The United States: The Cases Of Judge Teranishi And Justice Sanders, Daniel H. Foote

Articles

In the late 1990s, similar dramas relating to political activity by judges were playing out on opposite sides of the Pacific Ocean. The cases involved a Japanese decision concerning an assistant judge of the Sendai District Court, Teranishi Kazushi, and an American decision relating to a newly sworn-in justice of the Supreme Court of the State of Washington, Richard Sanders. Both attended gatherings with distinctly political agendas. Both made brief remarks implying, but never directly stating, their support for the agendas presented. Both were censured for having engaged in impermissible political activity. Both appealed those censures, ultimately as far as …

Conditions And Covenants In License Contracts: Tales From A Test Of The Artistic License, Robert W. Gomulkiewicz

Articles

The Federal Circuit upheld the Artistic License in Jacobsen v. Katzer, establishing at long last that open source licenses are enforceable. Although that outcome received most of the headlines, the case's greater significance lies elsewhere. Jacobsen v. Katzer teaches valuable lessons about conditions and covenants in license contracts, lessons that apply to licenses of all persuasions. Moreover, the case raises an important issue about the interplay between contract and intellectual property law: can licensors manipulate the distinction between covenants and conditions in such a way that upsets the delicate balance in copyright law? The article explores the lessons taught by …

Translating Unocal: The Expanding Web Of Liability For Business Entities Implicated In International Crimes, Anita Ramasastry, Robert C. Thompson, Mark B. Taylor

Articles

The Ninth Circuit ruled that a corporation could be held liable under the federal Alien Tort Claims Act for its complicity in a violation of international criminal law occurring outside the U.S. (Doe I v. Unocal Corp., 395 F.3d 932 (9th Cir. 2002)). Since then, litigants have filed increasing numbers of such cases. These cases raise two questions: (1) Is the United States the only country that provides judicial accountability for business entities involved in international crimes abroad? and (2) How are other countries "translating" the basic kinds of accountability that Unocal recognized into their own legal systems? This Article …

Candor After Kadlec: Why, Despite The Fifth Circuit's Decision, Hospitals Should Anticipate An Expanded Obligation To Disclose Risky Physician Behavior, Sallie Thieme Sanford [email protected]

Articles

An anesthesiologist admitted to having been drug-impaired during a tubal ligation that left the patient with massive, incapacitating brain damage. In granting the anesthesiologist privileges, one of the items Kadlec Medical Center had relied upon was a short credentialing letter from Lakeview Regional Medical Center. That letter stated simply that the doctor had held anesthesia privileges there for several years; it did not disclose concerns about on-duty drug use, or that he could not exercise his privileges after having been terminated from his practice group for "put[ting] our patients at significant risk" by "report[ing] to work in an impaired physical, …

A Black Robe And Healing Words: Constants In A Changing World, Sallie Thieme Sanford [email protected]

Articles

This narrative article describes a bedside hospital hearing to compel surgery, notes the applicable legal standards, and considers the potential impact of the judge in this type of proceeding. The patient, whose back was badly burned, adamantly and vocally refused skin graft surgery. Her physicians believed she lacked decisional capacity; that belief was borne out during the hearing at which the judge did enter an order for surgery. The judge’s handling of the hearing was central to the patient’s expressed agreement with the decision and subsequent successful treatment.

A Local Government By Any Other Name, In Proceedings Of The Washington State Association Of Municipal Attorneys, Hugh D. Spitzer

Articles

This paper reviews the categories that Washington legislators and the Washington State Supreme Court have used to classify and describe local government units. It then describes how the large array of classifications—and the lack of consistent interpretation and use of those labels—leads to confusion and unnecessary litigation. After presenting several case studies of the effects of confusing definitions, the paper suggests that legislation reducing the number of terms classifying local governments would benefit lawyers, judges, local government and the general public. It specifically recommends that "municipal corporation" become the standard category for almost all local governments, and that "governmental body" …

Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson

Articles

In criminal law, the term “CSI Effect” commonly refers to the perceived impact the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, “CSI Infection,” by focusing on the significant legal impact that the fear of “CSI Infected Jurors” has made upon the criminal justice system. The CSI Infection is the ubiquitous “It” factor that scholars cannot conclusively prove nor effectively explain away; however, practitioners overwhelmingly confirm the CSI Effect’s impact on criminal jury trials. The CSI Effect’s existence, the CSI Effect’s true or perceived impact on acquittals and convictions, and how …

A Shift Toward Gender Equality In Prosecutions: Realizing Legitimate Enforcement Of Crimes Committed Against Women In Municipal And International Criminal Law, Tamara F. Lawson

Articles

A new era of law enforcement has emerged recognizing the importance of punishing gender-specific violence. This first wave of "gender-sensitive prosecutors" has changed the way crimes against women are handled in the criminal justice system. The enactment of gender neutralizing laws and policies has dramatically improved the enforcement of crimes against women and attempts to end the era of impunity. This Article addresses the changes in prosecutions and further considers international human rights treaties that require gender equality in law enforcement.

In criminal law, it is the willingness of a prosecutor to exercise his or her discretionary authority to file …

Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang

Articles

This essay discusses a developmental strategy formulated in China between 2004 and 2007, with a strong emphasis on energy efficiency in response to growing pressure from global concerns of climate change. It tries to show how a top-down regulatory structure was reinforced in the process.

Left Hand, Third Finger: The Wearing Of Wedding (Or Other) Rings As A Form Of Assertive Conduct Under The Hearsay Rule, Peter Nicolas

Articles

No abstract provided.

Professionalizing Moral Deference, Michael Hatfield

Articles

As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the "torture memoranda" to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …