Digital Commons Network^™

The Ethics Of Melancholy Citizenship, Robert L. Tsai

Faculty Scholarship

As a body of work, the poetry of Langston Hughes presents a vision of how members of a political community ought to comport themselves, particularly when politics yield few tangible solutions to their problems. Confronted with human degradation and bitter disappointment, the best course of action may be to abide by the ethics of melancholy citizenship. A mournful disposition is associated with four democratic virtues: candor, pensiveness, fortitude, and self-abnegation. Together, these four characteristics lead us away from democratic heartbreak and toward political renewal. Hughes’s war-themed poems offer a richly layered example of melancholy ethics in action. They reveal how …

Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai

Faculty Scholarship

Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter. It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. Our examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law associated …

Paying The Price For Too Big To Fail, Cornelius K. Hurley

Faculty Scholarship

We find ourselves in an economic crisis, the severity of which few persons living today have witnessed. Fear, the natural accompaniment of such crises, arises from our uncertainty about the depth and duration of the crisis. The consensus is that a restoration of confidence is fundamental to a recovery. From the eye of the storm, it is difficult to assess the effectiveness of attempts at quelling its ravages. Yet, we may have little choice but to begin making those assessments as the architecture of the new order is being designed now.

The origins of the current crisis are well recorded. …

Balancing Of Markets, Litigation And Regulation, Keith N. Hylton, Larry E. Ribstein, Paul H. Rubin, Todd J. Zywicki

Faculty Scholarship

In addition to judicial education programs that the Law and Economics Center conducts, we also have a division that focuses on public policy research, known as the Searle Civil Justice Institute. In November, we held a public policy roundtable where we commissioned a variety of research and brought together a group of experts, both academic and practitioner experts, to discuss the issue of balancing the appropriate roles of markets, litigation, and regulation. And the notion there is that each one - markets, litigation, and regulation - can and probably should play a role in addressing various consumer harms.

All In The Family, Angela Onwuachi-Willig, Jacob Willig-Onwuachi

Faculty Scholarship

Your essay “Pregnant Man?” highlights many significant issues concerning the intersection of law, gender, sexuality, race, class, and family. In an earlier article A House Divided: The Invisibility of the Multiracial Family, we explored many of these issues as they relate to multiracial families, including our own. Specifically, we, a black female-white male married couple, analyzed the language in housing discrimination statutes to demonstrate how law and society function together to frame the normative ideal of family as heterosexual and monoracial. Our article examined the daily social privileges of monoracial, heterosexual couples as a means of revealing the invisibility of …

Health Reform: What's Insurance Got To Do With It? Recognizing Health Insurance As A Separate Species Of Insurance, Wendy K. Mariner

Faculty Scholarship

Health insurance can be, and to a large extent already is, a separate species of insurance. This article describes the different views of insurance that made health reform contentious. It argues that the goals of health reform are incompatible with conventional views of insurance. Nonetheless, reforming health insurance to achieve those goals does not require as dramatic shift as some might think, because health insurance has already become primarily a means of paying for health care, rather than a simple risk spreading device for specified losses.

Go West Young Woman!: The Mercer Girls And Legal Historiography, Kristin Collins

Faculty Scholarship

This essay is a response to Professor Kerry Abrams’s article The Hidden Dimension of Nineteenth-Century Immigration Law, published in Vanderbilt Law Review. The Hidden Dimension tells the story of Washington Territory’s entrepreneurial Asa Shinn Mercer, who endeavored to bring hundreds of young women from the East Coast to the tiny frontier town of Seattle as prospective brides for white men who had settled there. Abrams locates the story of the Mercer Girls, as they were called, in the history of American immigration law. My response locates The Hidden Dimension in American legal historiography, both that branch of American legal historiography …

South Consulting - 5th Review Report, Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

South Consulting - 5th Review Report - Annex Situation Analysis Of Post-Election Violence Areas, Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

Tjrc Monitoring Report (Icpc), Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

International Law And African Judiciaries: The Example Of South Africa, Erika George

Faculty Scholarship

In recent years, commentators have questioned the extent to which African courts would rely upon foreign law or resort to rules of international law in their domestic decision making. I Comparatively, the African continent offers an interesting and important point of departure for exploring the influence of international law on domestic legal systems. While Africa boasts a number of new constitutional democracies, Africa is also home to a number of countries that remain burdened by colonial legacies and conflict.

It would not be unreasonable to expect international and foreign law to meet with considerable resistance or to be rejected as …

Review Of Law At The Vanishing Point By Aaron Fichtelberg, Robert D. Sloane

Faculty Scholarship

This is a largely critical review of Professor Aaron Fichtelberg’s philosophical analysis of international law. The centerpiece of the book’s affirmative agenda, a “non-reductionist” definition of international law that purports to elide various forms of international law skepticism, strikes the reviewer as circular, misguided in general, and, in its application to substantive international legal issues, difficult to distinguish from a rote form of legal positivism. Law at the Vanishing Point’s avowed empirical methodology and critical agenda, while largely unobjectionable, offer little that has not been said before, often with equal if not greater force. I commend the author’s effort to …

Human Rights And American Bioethics: Resistance Is Futile, George J. Annas

Faculty Scholarship

The Borg are always confident that humans will be assimilated into their collective hive and therefore that, as they say, “resistance is futile.” In Star Trek, of course, the humans always successfully resist. Elizabeth Fenton and John Arras, like the Borg, resist the idea that humans are uniquely special as well as the utility of the human rights framework for global bioethics. I believe their resistance to human rights is futile, and I explain why in this essay. Let me begin with their subtitle, because we do seem to agree that popular culture is a powerful aid to understanding human …

In Defense Of Appearances: What Caperton V. Massey Should Have Said, Jed Handelsman Shugerman

Faculty Scholarship

In June of 2009, the U.S. Supreme Court ruled for the first time that an elected judge must recuse himself from a case that involves a major campaign contributor. In Caperton v. A. T. Massey Coal Co., a coal company had been hit with a $50 million jury verdict. While appealing this verdict, the company's CEO, Don Blankenship, spent $3 million to help a challenger, Brent Benjamin, who had no judicial experience, defeat the incumbent, West Virginia Supreme Court Justice Warren McGraw. Blankenship funded political attack ads by a political organization (And for the Sake of the Kids) that …

Russian-Georgian War Implications Of Unilateral Interventionist Policy And Conditions Under The Responsibility To Protect, Sevinj Amirova

Khazar Journal of Humanities and Social Sciences

No abstract provided.

The Role Of Turkic And Islamic Factors For Current Kazakhstani Identity Information, Timur Kozyrev

Khazar Journal of Humanities and Social Sciences

No abstract provided.

Three`S A Crowd : The Value Commitments Of Contemporary Higher Education, John Ryder

Khazar Journal of Humanities and Social Sciences

No abstract provided.

A Framework For Analyzing Business Model Innovation In Mobile Commerce, Chung-Shing Lee, Jonathan C. Ho

Journal of International Technology and Information Management

The paper develops and tests a framework for evaluating mobile commerce business models and strategies. To study business model innovation in mobile commerce, we analyze the cost, revenue, and growth components of the business model. In addition, we also investigate whether the implementation of the new business model successfully capitalized on the key disruptive attributes of mobile commerce. An analytical framework is developed to guide the empirical study of the two leading mobile commerce companies in Taiwan. The empirical research indicates that the mobile commerce industry in Taiwan has been able to capitalize on many but not all of the …

Codification Of Statements On Standards For Accounting And Review Services As Of January 2010, Numbers 1 To 19, American Institute Of Certified Public Accountants. Accounting And Review Services Committee

AICPA Professional Standards

No abstract provided.

The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman

Faculty Scholarship

This Article offers a new set of arguments for transgender equality based on a little-known series of cases in which courts declined to enforce cross-dressing laws against transgender defendants. As shown below, the arguments brought by the defenders of these laws closely mirror the arguments brought today in favor of bathroom discrimination. The Authors discuss both the bathroom and cross-dressing debates in historical context, draw out the underlying reasoning in the two sets of cases,and argue that the reasoning that supports bathroom discrimination is as flawed as the reasoning behind criminal cross-dressing laws. The analysis also suggests that, just as …

Optimizing Pdf Searchability With Google, Barbara West, Pat Newcombe, Steve Bobowicz

Faculty Scholarship

The Authors recount how they optimized pdf searchability of faculty scholarship on Digital Commons--an institutional repository. They used Adobe Professional to ensure the PDFs were searchable via the full text.

Life Insurance: How To Use It To Your Clients' Advantage, Bryan Schick, Partnersfinancial, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.

The Magic Of Money And Banking, Eric J. Gouvin

Faculty Scholarship

This chapter analyzes the banking system in the wizarding world of Harry Potter and compares it to the salient features of the banking system in the Muggle world. The chapter begins with a brief history of money. Although the economies in both the wizarding world and the Muggle world use money, there are striking differences between those worlds on this point. We can only speculate on why these differences exist, but it appears that the wizard concept of money stopped evolving in the Middle Ages, when bankers were really just trusted keepers of valuables. The chapter concludes that although Muggle …

An Essay On Cataloging, Daniel Canncasciato

Library Philosophy and Practice (e-journal)

The imminent arrival of Resource Description and Access (RDA), the proposed successor to Anglo-American Cataloging Rules (AACR), makes now an opportune time to clarify a profound misunderstanding regarding the objective of cataloging. The objective has been widely misunderstood to be about the production of bibliographic records, or about the production of bibliographic records and their supporting authority records, or about the production of perfect bibliographic and authority records. This essay offers a more accurate picture of the objective of cataloging, working from Cutter’s early statement of principles as a reference point in re-considering some misperceptions and actions being taken in …

Sidelined: Title Ix Retaliation Cases And Women's Leadership In College Athletics, Erin E. Buzuvis

Faculty Scholarship

Discrimination against women seeking or serving in leadership positions in sport is worthy of analysis, not only for the sake of individual women who desire to self-actualize as a head coach or athletic administrator, but because the unique role of sport in society gives underrepresentation of women in leadership positions additional significance. Due to its high visibility and widespread appeal—its veritable iconic status—sport is a salient site of cultural production. That is, sport operates on a symbolic level, reflecting and transmitting shared cultural values. Among these values, sport helps define the attributes associated with leadership, and thus, derivatively, power. By …

The Web 2.0 Contradiction: Commercial And Library Use, Tibor Koltay

Library Philosophy and Practice (e-journal)

This paper addresses the main motives of Web 2.0 that have contributed to its commercial success. Among the critical topics the question of amateurism is of pivotal interest. The second part of the paper deals with library use of Web 2.0, stressing that the concept of the Library 2.0 has to be properly understood. Last but not least, literacies expedient in the era of the Web 2.0 are identified.

When The Truth And The Story Collide: What Legal Writers Can Learn From The Experience Of Non-Fiction Writers About The Limits Of Legal Storytelling, Jeanne M. Kaiser

Faculty Scholarship

This Article examines what can be gained and what can be lost by using storytelling in legal writing. After reviewing some basic principles of legal storytelling, the Article reviews some lessons that can be learned from the experience of the New Journalists who adopted literary techniques in their non-fiction work. In the end, the Author concludes that while there is much value in using the tools of fiction in legal writing, it is only with a blend of narrative and analysis that we most successfully do our jobs as lawyers.

Fund Raising For Academic Libraries: What Works, What Doesn’T?, Michael Lorenzen

Library Philosophy and Practice (e-journal)

Most large academic libraries employ one or more professional fund raisers know as academic library development officers to seek external funds. This qualitative study presents what academic library development officers perceive as being successful methods of fund raising. It also presents what these individuals believe does not work.

The Use Of Ict In Nigerian Universities: A Case Study Of Obafemi Awolowo University, Ile-Ife, Chinwe M.T. Nweze

Library Philosophy and Practice (e-journal)

Information and communication technology facilities in libraries are those facilities that assist various libraries that provide efficient and current information services. The paper highlights the importance of internet services in university and academic environments with particular reference to Obafemi Awolowo University, Ile-Ife, Nigeria. The study showed that most academic staff and the students are aware of the resources of the Internet. E-mail is the most popular resource used by the staff and students. The staff and students used in this survey still find it difficult to make efficient use of the resources provided by information and communication technologies due to …

Electronic Information Seeking Among Lis Postgraduate Students At Makerere University, Uganda, C. Okello-Obura, J. R. Ikoja-Odongo

Library Philosophy and Practice (e-journal)

Without clearly understanding the users’ level of usage of resources, attitudes and the e-resources literacy levels, it is difficult to promote reading in electronic environment. Developing countries within their limited library resources need to ensure that the e-resources acquired or subscribed to are optimally used. It is on that basis that the study was designed and conducted among the postgraduate Library and Information Science (LIS) students of Makerere University, Uganda to establish the level of computer skills of its LIS postgraduate students; determine the use of electronic information resources; their attitudes towards e-resources; access; their e-resources literacy levels and propose …