Digital Commons Network^™

The Stellar Parenthetical Illustration: A Tool To Open Doors In A Tight Job Market, Laurie A. Lewis

Scholarly Articles

The carefully crafted parenthetical illustration can be a powerful tool in persuasive legal analysis. It can also reflect five areas of a student’s practice-ready skills. These skills include research, use of mandatory and persuasive authorities, rule synthesis and application, clarity and conciseness in writing, and citation form. The student who achieves competency not only in formatting citations but also in drafting clear, concise, illustrative parentheticals demonstrates an understanding of rule permutations. This competency can open doors for opportunities both within and outside law school. Doors can open to better grades, journal invitations, publication offers, internship and externship placements, and jobs, …

No Bones About It: Evaluating Faunal Evidence For Ancient Lifestyles At Tall Jalul, Jordan, Chelsea L. Grimstad

Honors Theses

Analysis and characterization of faunal remains -- those bones and bone fragments collected from archaeological sites -- allows anthropologists and archaeologists to more completely reconstruct the ways in which ancient societies survived and interacted. As animals have invariably played an integral role in human society, providing transportation, draft, and a consistent food source, the study of their bones can elucidate the lifestyles and cultural practices of the people who raised and utilized them. Faunal remains for this project were collected and identified during the 2009 dig season at Tall Jalul in Jordan as part of the Madaba Plains Project. Further …

Integrating Marital Property Into A Spouse’S Elective Share, Raymond C. O'Brien

Scholarly Articles

First, this Article begins with history, as this forms the basis of electiveshare law. It is necessary to begin with the historical basis of a spouse's right to support, and then proceed to examine how and why a spouse obtained a share of the property acquired during marriage. Second, because a spouse's rights at death were often very different from those that a spouse would obtain at divorce, it is necessary to explain the various judicial and statutory models adopted by the states to provide a modicum of protection to a surviving spouse at death. There are many models and …

Looking Beyond The Stacks: The Law Library As Place, Stephen E. Young

Scholarly Articles

No abstract provided.

Partial Unconstitutionality, Kevin C. Walsh

Scholarly Articles

Courts often hold legislation unconstitutional, but nearly always only part of the statute offends. The problem of partial unconstitutionality is therefore pervasive and persistent. Yet the exclusive doctrinal tool for dealing with this problem--severability doctrine-is deeply flawed. To make matters worse, severability doctrine is purportedly necessary for any workable system of judicial review. The accepted view is that severance saves: A court faced with a partially unconstitutional law must sever and excise the unconstitutional provisions or applications so that the constitutional remainder can be enforced going forward. Absent severance and excision, a law must fall in its entirety. This excision-based …

Integrating Catholic Social Thought In Elder Law And Estate Planning Courses: Reflections On Law, Age And Ethics, Lucia A. Silecchia

Scholarly Articles

A course in elder law or estate planning encompasses many of the most profound issues that arise in human life: the contemplation of mortality, ambivalent attitudes toward property and its proper distribution, complexities in family relationships, obligations to support loved ones, anticipation of physical or mental challenges, and reflections on one’s desired legacy to loved ones. Although there is much in the Catholic tradition and in the Scriptures themselves that speaks to these questions in an indirect way, this has not often been fully explored because this field may not, on its face, have an obvious connection to religious tradition. …

Innocent Threats, Concealed Consent And The Necessary Presence Of Strict Liability In Traditional Fault-Based Tort Law, Marin Roger Scordato

Scholarly Articles

This article identifies and carefully analyzes the use in tort law of what is termed unilateral and bilateral legal analysis. Unilateral, or one-party, analysis involves the design of legal doctrine that is focused on the characteristics or status of a single legal person. It is traditionally associated with criminal law, where the doctrinal attention is tightly focused on the criminal defendant. Inquiry may be made regarding the nature and degree of harm suffered by the victim, or whether the victim agreed to the harm producing act, but these considerations are generally relevant only to the degree that they shed light …

Private Enforcement Of Systemic Risk Regulation, Heidi Mandanis Schooner

Scholarly Articles

The failure of the regulatory system is at least one of the contributing causes to the 2008 Financial Crisis. The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) will have a far-reaching impact on the financial services industry particularly in its attempt to regulate systemic risk. The Dodd-Frank Act, however, does not sufficiently address the problem of agency discretion generally, or the problem of an agency’s discretion to forebear, in particular. Under Dodd-Frank, the agencies retain considerable discretion and the effectiveness of the new regime depends on the optimal exercise of such discretion. This Article maintains that an …

The Overseas Immersion Setting As Contextual Variable In Adult Sla: Learner Behaviors Associated With Language Gain To Level-­‐‑3 Proficiency In Russian, Dan E. Davidson, Maria D. Lekic

Russian Language Journal

Overseas immersion study for second language (L-­‐‑2) acquisition is widely regarded not only as valuable educationally, but also essential for the attainment of upper-­‐‑level proficiencies. Unfortunately, the mechanisms though which overseas language and cultural immersion training may (or may not) foster successful adult acquisition are still not well understood (e.g., Rivers, 1998; Ginsburg & Miller, 2000, Kinginger, 2011). As a result, researchers across a range of disciplinary backgrounds are examining cognitive, psycholinguistic, and cultural factors affecting linguistic outcomes within the study abroad environment, including increased efforts to account for the notable variation that has been observed in actual levels of …

Notions Of A Learning Society And Learning Partnership Vehicles: The Island's Project, A Case Study, Fergus Murphy

Masters

This case study focuses on the Partnership Vehicle that was jointly developed by the School of Art, Design and Printing at the DIT, and the Sherkin Island Development Society in the period 1998 to 2004, in order to construct and deliver a pilot Fine Art programme on Sherkin Island in West Cork. The pilot programme was delivered on Sherkin from 2000 to 2003, and subsequently, based on the pilot, the School of Art, Design and Printing developed a prototype Fine Art degree aimed at isolated communities. This course is currently being delivered on Sherkin. A third level-community partnership seems an …

A Non-Fatal Collision: Where Religious Land Uses And Community Interests Meet, Adam J. Macleod

Scholarly Articles

This paper grapples with the question how best to interpret the Religious Land Use and Institutionalized Persons Act, which creates a prophylactic remedy in favor of religious land users burdened by local land use regulations. Where the burden on religious exercise is substantial, RLUIPA subjects the regulation to strict scrutiny review. Several scholars object to RLUIPA on the grounds that it violates principles of federalism and equality between religious and non-religious landowners. Other scholars make the case for an expansive RLUIPA on the ground that the First Amendment privileges religious exercise over other types of land use.

This article first …

Truth And Consequences: Mitt Romney, Proposition 8, And Public Reason, Frederick Mark Gedicks

Faculty Scholarship

Although formal religious tests for federal office are constitutionally prohibited, they have long been fact of political life in presidential elections. John Kennedy remains the only nonProtestant ever elected President. The "Judeo-Christian tradition" notwithstanding, no major party has ever nominated a Jew for president - let alone a Buddhist, Hindu, Mormon, Muslim, or unbeliever.

Against this electoral history, it was perhaps predictable that mainstream Christian commentators would feel free to legitimate religious attacks on Mitt Romney during the Republican presidential primaries on the ground that Mormonism is a "false" religion. Ironically, however, the Mormon church periodically intervenes in initiative and …

Undoing Neutrality?: From Church-State Separation To Judeo-Christian Tolerance, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami

Scholarly Articles

Having canvassed admirably the historical changes to the criminal law case book over the twentieth century, Professor Anders Walker's article suggests that criminal law ought to concern itself with the business of training future prosecutors and defense attorneys by eliminating, or at least greatly reducing, the place of moral and political reflection in the course, which was in any event the supercilious indulgence of elite law schools that disprized criminal practice. His normative prescriptions are of a piece with much that is currently in vogue in criticisms of legal education: that it is impractical, that it does not respond to …

Governing The Presidential Nomination Commons, Brigham Daniels

Faculty Scholarship

States jockeying to hold primaries and caucuses as early as possible has become the central theme of the presidential primary system. While the trend of racing to vote is not new, it has increased alarmingly. In 2008, more than half the states held contests by the first week of February. This free-for-all hurts the democratic process by encouraging uninformed voting, emphasizing the role of money in campaigns, and pressing candidates to rely on sound-bite campaigning. Because the presidential nomination is one of the most important decisions left to voters in the United States, this problem is well-recognized. It is also …

Will Peer Review Still Function And How?, Sheri Spaine Long

College of Arts & Sciences Professional Work

Editors of scholarly journals increasingly use web-based peer review and tracking systems to offer enhanced speed, communication, automation and a complete record of submissions and peer review history. Such digital tools are likely to increase frequency of revisions and ultimately lead to a higher quality published article. However, with the larger and ever more dispersed reviewer pool that is facilitated by web-based systems, there is less reliance on elite reviewers. Therefore, there is more pressure on editors to assign manuscripts for review appropriately due to more peer reviewers, academic globalization, and the inherent depersonalization of the digital editorial assistant.

Anger, Cognition, Ideology: What Crash Can Show Us About Emotion, Sue J. Kim

College of Arts & Sciences Professional Work

Sue J. Kim’s essay “Anger, Cognition, Ideology: What Crash Can Show Us About Emotion” argues for the relevance and importance of cognitive studies to ethnic and postcolonial literary studies, and vice versa. After surveying recent developments in the field of cognitive studies, the essay combines cultural and cognitive approaches in order to examine anger in and around the 2005 Paul Haggis film Crash.

The Eternal Jew: Jewish Victimization Through Marginalization, Joshua Fishlock

Open Access Master's Theses

This thesis examines the phenomenon of Jewish marginalization in Nazi Germany using the film The Eternal Jew as a representative example. Specifically this study identified sources of guilt in post World War I German culture and the steps taken by the Nazi's to alleviate that guilt through victimization of the Jews. Results show that the Nazi's played upon cultural beliefs of German superiority and antisemitism in order to create a public reality of the Jews as the Other. This disidentification of the Jews from the German population increased the effectiveness of the usage of the Jews as scapegoats for the …

Bismuth(Iii) Bromide In Organic Synthesis. A Catalytic Method For The Allylation Of Tetrahydrofuranyl And Tetrahydropyranyl Ethers, Ram Mohan, Scott Krabbe, Veronica Angeles

Scholarship

A bismuth bromide-catalyzed (10.0 mol %) multicomponent reaction involving the allylation of THF- and THP-ethers, followed by in situ derivatization with acetic anhydride to generate highly functionalized esters has been developed under solvent-free conditions. To the best of our knowledge, this is the first report of a catalytic procedure for the allylation of THF- and THP-ethers to yield ring-opened products.

Impolitic: Kent Johnson's Radical Hybridity On Doubled Flowering: From The Notebooks Of Araki Yasusada (Roof Books, 1997), Epigramititis: 118 Living American Poets (Blazevox, 2004), Lyric Poetry After Auschwitz: Eleven Submissions To The War (Effing Press, 2005), I Once Met (Longhouse, 2007), And Homage To The Last Avant-Garde (Shearsman Books, 2008), Michael Theune

Scholarship

The past twenty years in American poetry have given rise to middle space poetry, poetry—sometimes labeled “Third Way,” “Hybrid,” and/or “Elliptical”—that situates itself in the middle space between mainstream/lyric and avant-garde/experimental aesthetics. While work in the middle space by now should have added up to an important and fruitful development in contemporary poetry—for there is much shared ground for these aesthetics to explore—middle space thinking and poetry for the most part has been very problematic. Paradoxically, the problems of the middle space—especially as it is presented in its three key anthologies: Reginald Shepherd’s The Iowa Anthology of New American Poetries …

Book Reviews

The Bridge

No abstract provided.

Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister

San Diego Journal of Climate & Energy Law

This Article uses the histories of the ARP and RECLAIM to show that even when monitoring and enforcement provisions for cap-and-trade programs are designed in a similar way, the resulting enforcement systems and enforcement outcomes may be very different. Part I of the Article tells the enforcement story of the ARP. It appears to be a story of regulatory efficiency and success. Part II tells the enforcement story of RECLAIM. While not a failure, RECLAIM enforcement seems to have been full of difficulties that necessitated large amounts of administrative time and resources. This part presents the results of an empirical …

Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus

San Diego Journal of Climate & Energy Law

Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.

Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan

San Diego Journal of Climate & Energy Law

As part of the University of San Diego Law School’s Second Annual Climate and Energy Law Symposium, we decided to review the enforcement provisions of the main federal greenhouse gas control options, with a view to drawing lessons from that review that could inform policy choices and program design. Our review suggests that there are relative strengths and weaknesses, as well important tradeoffs to be made, in the enforcement provisions of each of the leading candidate programs. Our review further suggests that some revisions should be made to these provisions to help ensure that the greenhouse gas control programs meet …

How To Love The One You're With: Changing Tax Policy To Fit Cap-And-Trade, Roberta Mann

San Diego Journal of Climate & Energy Law

This paper will begin with an introduction of climate change issues, including a brief history of international mitigation efforts. The next section will give an overview of cap-and-trade systems and describe how a typical cap-and-trade system would interact with the current federal income tax system. The discussion of the interaction of cap-and-trade with the income tax will include both direct and indirect effects. This section will then compare those effects with the potential impact of a carbon tax. The direct impacts of cap-and-trade on the income tax system occur because the “trade” part of cap-and-trade creates a new financial instrument …

An Environmental Competition Statute, David M. Driesen

San Diego Journal of Climate & Energy Law

The next generation of environmental law should use economic incentives to creatively stimulate innovation in environmental technology. This Article proposes an environmental competition statute as a means of stimulating movement toward a more sustainable future. Such a statute would authorize those who achieve low emissions to collect the cost of achieving low emissions plus a premium from competitors with higher emissions.

This Article briefly explains the value of using this mechanism. It then canvasses the problems with the first and second generation of environmental law that an environmental competition statute can help us overcome. A detailed description of an environmental …

The Effects Of Brazilian Agricultural Property Policies And International Pressures On The Soybean Industry: Incentives For Amazon Deforestation And How It May Be Reduced, Tyler E. Hazen

San Diego Journal of Climate & Energy Law

This Article begins in Part II with an overview of the Amazonian environment and the rise of soybeans as a lucrative export product. Part III discusses how Brazilian property law and land use culture has facilitated transformation of land for cultivation and ultimately, deforestation. Part IV discusses international reaction to Brazil’s sovereignty over the Amazon, including European import practices such as protectionism, desire for hormone-free products, as well as market incentives for soy raised on land that was not deforested. Finally, Part V offers solutions for working within the current system, aggressively supporting the policies against deforestation while respecting the …

Bulletin Of Yale University School Of Nursing 2010-2011, Yale School Of Nursing

Yale School of Nursing Bulletins and Catalogues

Series 106, Number 15

September 5, 2010

An Overview Of Long-Term Care Services And Support In America, W. Thomas Smith

MC Law Review

Symposium

A Missed Opportunity: Health Care Reform, Rhetoric, Ethics And Economics At The End Of Life, Joshua E. Perry

MC Law Review

Symposium