Digital Commons Network^™

The Stop Tax Haven Abuse Act: A Unilateral Solution To A Multilateral Problem, Anthony D. Todero

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Bush And Obama Fight Terrorists Outside Justice Jackson's Twilight Zone, Afsheen John Rasdan

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

National Security And The Article Ii Shell Game, Heidi Kitrosser

Articles

This essay considers the important but under-explored link between politics and constitutional interpretation in the realm of national security. The school of constitutional interpretation at which it looks is “presidential exclusivity,” which has gone from relative obscurity to prominence in the political branches and in public debate over the past several decades. Exclusivists deem the President to have substantial discretion under Article II of the Constitution to override statutory limits that he believes interfere with his ability to protect national security. The first question that this essay takes up is why exclusivity has come so far over the past several …

The Impact Of Education In Guatemala, Devin Redmond

Honors Capstones

The focus of this project will be to scrutinize the world of Guatemalan culture, and explore the impact education is currently having, as well as the impact it will have in the future. A secondary focus will be to shed light on what life is like in areas where formal education currently does not exist, and the societal and economic impact it has on those affected. With an emphasis on and explanation of specific current efforts to reform education in the poorest areas in Guatemala, this project will describe education as an agent for breaking the cycle of poverty. This …

A Governance Reference Model For Service-Oriented Architecture-Based Common Data Initialization A Case Study Of Military Simulation Federation Systems, Jeremy Thomas Lanman

Electronic Theses and Dissertations

Military simulation and command and control federations have become large, complex distributed systems that integrate with a variety of legacy and current simulations, and real command and control systems locally as well as globally. As these systems continue to become increasingly more complex so does the data that initializes them. This increased complexity has introduced a major problem in data initialization coordination which has been handled by many organizations in various ways. Serviceoriented architecture (SOA) solutions have been introduced to promote easier data interoperability through the use of standards-based reusable services and common infrastructure. However, current SOA-based solutions do not …

For Home And Country Confederate Nationalism In Western North Carolina, Hunter D. Shaw

Electronic Theses and Dissertations

This study examines Confederate nationalism in Western North Carolina during the Civil War. Using secondary sources, newspapers, civilian, and soldiers‟ letters, this study will show that most Appalachians demonstrated a strong loyalty to their new Confederate nation. However, while a majority Appalachian Confederates maintained a strong Confederate nationalism throughout the war; many Western North Carolinians were not loyal to the Confederacy. Critically analyzing Confederate nationalism in Western North Carolina will show that conceptions of loyalty and disloyalty are not absolute, in other words, Appalachia was not purely loyal or disloyal.

The English Reformation In Image And Print: Cultural Continuity, Disruptions, And Communications In Tudor Art, Jessica Hoeschen

Electronic Theses and Dissertations

In the sixteenth century, Martin Luther's Protestant Reformation generated multiple reform movements and political transformations in Europe. Within this general period of reform, political and cultural changes from the Tudor era (1485-1603) created a separate English Reformation. The English Reformation evolved from the different agendas of the early Tudor monarchs and occurred in two distinct waves: an initial, more moderate Henrician Reformation and a later, more complete Edwardian Reformation. Henry VIII and Edward VI's attempts to redefine monarchy through a new State and Church identity drove English church reform during this period, giving these religious shifts distinct political roots. Cultural …

Families Facing The Demands Of Military Life: New Research Directions, Lolita Burrell, Gary A. Adams, Doris B. Durand, Carl A. Castro

Management Faculty Research and Publications

Military families, whether Active-duty, Reserve, or National Guard, face a multitude of demands in times of both peace and war, and these demands will shift throughout a Servicemember’s career. Our research at the Walter Reed Army Institute of Research (WRAIR), as well as research done at other institutions, has shown that the demands experienced by military families have both negative and positive effects in terms of health, marital satisfaction, and satisfaction with the Army. Appraisal of these demands and the ability to obtain the necessary resources to deal with them are important determinants of a variety of well-being–, family-, and …

The 2010 Personal Firewall Robustness Evaluation, Satnam Singh Bhamra

Australian Digital Forensics Conference

With the advent of cheaper Internet connections, the number of Internet connections among home users is on the rise. Generally, home users have little understanding of the security concerns associated with Internet connectivity. To protect against computer attacks, generally a home user may install a personal firewall on his/her computer. To determine the effectiveness of personal firewalls, evaluation tests were performed against the ten firewall products available to users at local electronic stores and listed on popular firewall security websites. The firewalls were tested in their default and maximum security mode. The investigation was carried out by performing a port …

The Dynamics Of Emergent Self-Organisation: Reconceptualising Child Development In Teacher Education, Minkang Kim, Derek Sankey

Australian Journal of Teacher Education

For more than half a century, child development has endured as one of the main components of teacher education. But if children do develop, as developmentalists claim, what precisely is it that develops and how? Traditionally, within education, answers to these questions have drawn heavily on the theories of Jean Piaget and Lev Vygotsky. Piaget advocated the progressive development of reasoning through identifiable linear phases or stages. Vygotsky emphasised the role of cultural mediation, whereby the child internalises the habits of mind of his/her social group. More generally within cognitive psychology, development has been attributed to the interaction of two …

Explaining Human Actions And Environmental Changes, Damian M. Smith

Journal of Ecological Anthropology

No abstract provided.

Iraq And Climate Change: The Mainstream Lawyer's Survival Guide, Duncan French

The International Lawyer

No abstract provided.

Introduction, John Shuford

Journal of Hate Studies

T

he Institute for Hate Studies at Gonzaga University is pleased to offer Volume 8 of the Journal of Hate Studies, the theme of which is “The Other Among Us.” It is a timely topic, no doubt, as nativism, racism, and extrem- ism boil over in America’s immigration debate. This volume considers those issues as well as a wider range of perspectives on engagement and disengagement with “the other” in our society, culture, and lives.

Imbedded in this volume’s theme are myriad questions. Who is the “other” among us, and what does it mean to be an “other” or to …

Recent Developments, Tyranny On Trial: Regional Courts Crack Down On Mugabe's Land "Reform", Daniel J. Hemel, Andrew Schalkwyk

Faculty Articles

One night in June 2008, militants associated with Zimbabwe's ruling ZANU-PF Party stormed a citrus farm owned by seventy-four-year-old Mike Campbell, breaking four of his ribs and his collarbone while inflicting such severe brain damage that Campbell now has difficulty in adding simple sums. In April 2009, the militants returned to seize the farm; in August, they burned down the house where Campbell and his family had lived for nearly four decades. A much less violent-but equally dramatic--event occurred on March 30, 2010, when attorneys representing Campbell and seventy-seven other white Zimbabwean farmers attached a luxury home in Cape Town, …

Maladies Of Modernity: Scientism In Politics, David Nathan Whitney

LSU Doctoral Dissertations

This dissertation explores the complex relationship between science and politics. More specifically, it focuses on the problem of scientism. Features of scientism include the dogmatic faith in the methods of the natural sciences (and the accompanying assumption that those methods can be successfully imported into the social sciences), a materialistic worldview, the rejection of the bios theoretikos, the prohibition of philosophical questions, and an emphasis on immanent fulfillment through the power of science. I seek to demonstrate that scientism is intellectually impoverishing and politically dangerous. Given the lack of full-length studies on the subject, I trace the development of scientism …

Pliny's Defense Of Empire, Thomas Raymond Laehn

LSU Doctoral Dissertations

Despite perennial interest in Pliny the Elder’s Natural History as a record of the prodigious, the quotidian, and the useful in Rome in the first century AD, for over half of a millennium Pliny has been considered little more than an inept compiler of facts and marvels intellectually incapable of formulating a cogent argument supported through the selective marshalling of his materials. It is my contention that Pliny’s encyclopedic text is in fact a first-rate work of political philosophy constituting an apology for Roman imperial expansion grounded in a sophisticated conception of man as the only being capable of passing …

To Save The World: The Untold Stories Of Memorial Row, Michael Dean Webster

Graduate Student Theses, Dissertations, & Professional Papers

On Arbor Day, 1919, 32 Ponderosa Pine trees were planted on the campus of the University of Montana to commemorate individuals associated with the university who died while serving Montana in World War I. Collectively called Memorial Row and situated among present-day McGill and Don Anderson Halls and the Social Science and Education buildings, the trees honor individuals who died in combat, as a result of combat injuries, and from the Spanish Influenza pandemic of 1918 while stationed with the Student Army Training Corps (SATC) on the UM campus or at Fort Missoula. Four women who volunteered as nurses and …

Why The Xwisten Crossed The River: Lithic Transport Strategies On The Canadian Plateau, Michael Todd Wanzenried

Graduate Student Theses, Dissertations, & Professional Papers

As has been the case for thousands of years a single kind of stone material, referred to by different researchers as arrowstone, basalt, vitreous trachydacite, and/or dacite, provided the majority (often more than 75%) of many lithic assemblages in the Mid- Fraser region of south-western British Columbia. Most explanations for this have largely been insufficient for explaining the differential transport of lithic materials; no one has addressed why, in a lithic rich environment where a variety of jaspers, chalcedonies, and pisolites can be found in relative close proximity to many winter villages, Mid-Fraser foragers would target resources located much further …

Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct, Celia Rumann

UC Law SF Journal on Gender and Justice

In the years following the Abu Ghraib scandal, it has become apparent that Lynndie England was punished for the crime of providing the world with photographic evidence of a government policy of using sexuality as a weapon of war. Ms. England's actions were not, as has been asserted, borne of whole cloth out of the sexually deviant minds of young soldiers bent on exploiting prisoners for their own amusement. Rather, they embodied the arguably extreme end of the systematic work of the United States government to engage in sexually deviant exploitation of prisoners purportedly for the collective safety and well-being …

An Abundance Of Violence And Scarcity Of Words (Book Review), Sandra F. Joireman

Political Science Faculty Publications

It is hard to avoid knowing something about the conflict in Darfur. There are divestment movements, student campaigns, actors raising awareness and the ‘genocide olympics’ to remind us of the ongoing conflict. There is also an increasingly ugly exchange in which two sides are talking and neither is listening. This exchange is not between the combatants, as one might expect, but among activists and scholars who disagree on the best way to portray the conflict. While it is difficult to avoid knowing something about the violence in Darfur, finding a deeper analysis that goes beyond the attempts to gain attention …

The Torture Lawyers, Michael P. Scharf

Faculty Publications

This article recounts the story about how these four individuals intentionally cut off the government's primary experts on the Geneva Conventions, the Torture Convention, and customary international law from the decision making process. In doing so, they presented a one-sided and distorted view of U.S. obligations under international law that led to a widespread government policy and practice of torture. It also reveals how a trio of important Supreme Court precedents disrupted these plans, and ultimately swung the balance back in favor of compliance with international law.

Utb/Tsc Commencement – Winter 2010, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.

Mycoherbicides And Alternative Development: How The United States Can Defeat Narco-Terrorism, Rachel Ehrenfeld, Aylana Meisel

Chapman Law Review

No abstract provided.

Essay: Inside Guantanamo, Peter Jan Honigsberg

Nevada Law Journal

In May 2007 I visited Guantanamo Bay, Cuba. What I saw and experienced then are fading away and will soon disappear, now that two-thirds of the nearly 800 detainees have been released and President Obama will close the detention centers within the year. Consequently, this essay provides a historical account of one person's media visit to Guantanamo, when it was a fully-operational prison violating human rights, due process and international law.

The essay describes not only the visit but also the application process - a bizarre experience. The military's application concluded with two quotes from the New Testament and included …

Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook

Nevada Law Journal

Few phrases in American jurisprudence have created more of a stir or inspired greater controversy than the seventeen words that comprise the due process clause of the Fourteenth Amendment. Drafted by the Reconstruction Congress in the aftermath of the Civil War, these words have been used to strike down maximum-hours legislation, permit the instruction of foreign languages in schools, and even establish the right of minors to purchase contraceptives. In light of its linguistic incongruity and the versatility of its judicial precedents, one could fairly state that the meaning of the Fourteenth Amendment's due process clause has been the subject …

The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich

Nevada Law Journal

There is nothing more refreshing than a successful failure. A momentary flaring of flamboyance. A near miss. Fifteen weeks as media monarchs; a good part—a small part—of a decade as a political threat to the order of the academy, if not the stability of the system. The affective bonds and the institutional disruption of youthful and latterly not-so-young dissidents and socialist sympathizers within the law schools definitely had their excitements, their impetus and novelties, and then they grew old, got rejected, disappeared into the shadows, backrooms, and faculty lounges. The various histories assign different figures to the failure of critical …

Grounding "Language" In The Senses: What The Eyes And Ears Reveal About Ming 名 (Names) In Early Chinese Texts, Jane Geaney

Religious Studies Faculty Publications

Scholarship on early Chinese theories of “language” regularly treats the term ming 名 (name) as the equivalent of “word.” But there is a significant difference between a “word” and a “name.”¹ Moreover, while a “word” is often understood to mean a unit of language that is identifiable in its sameness across speech and writing, there is reason to believe that a ming was mainly used to mean a unit of meaningful sound.² Analyzing the function of ming is a prerequisite for understanding early Chinese theories of “language”—if such a term is even appropriate. Such an analysis will also …

Erasing The Steps Of Kingdom: Indigenous Autonomy In Chiapas, Mexico And The Zapatistas' Re-Conception Of Power, Tara Brian

Honors Theses

Although the Zapatista rebellion in Chiapas, Mexico in 1994 emerged from a long history of guerrilla struggle in Central America, the indigenous movement offered something new: a bold re-conception of power and a novel approach to revolution that shifted the locus of struggle away from state capture to the realm of civil society, opened the revolution to previously excluded participants, and conceived of innovate means to manage power within Zapatista autonomous zones. In this thesis, I begin with a discussion of the ways in which the Zapatistas’ rhetoric of revolution and power has inspired theorists and activists around the world …

A Disappearing Boundary?: The Changing Distinction Between Combatants And Civilians From The First World War To The Present Day, Aimee Kidder

Honors Theses

The issue of terrorism has stimulated intellectual debate regarding the rights and protections that should be afforded to civilians. However, the practice of targeting noncombatants in warfare extends far beyond terrorism and has roots deep in the historical past. This study looks at violence against civilians over a series of case studies from the First and Second World Wars as well as the French-Algerian War of the 1950s and 1960s. By looking at the changing legal distinctions between combatants and noncombatants, the study first establishes a trend in international law toward increasing protection of civilians. Yet, these legal advances are …

War And The Sentimental Past: Memory And Emotion In The Aftermath Of The Franco-Prussian War, Chad R. Cussen

Masters Theses

This thesis argues that the Franco-Prussian War provoked strong emotional responses that were encoded in the memory of the war. The management of this emotional response represented an important aspect for the establishment of the Third Republic's legitimacy. By uniting French citizens through a public memory of the warby means of commemorations, funerals, and narratives among others-the Third Republic fostered an intense national consciousness that emerged as a feature of French identity. In contrast to Eugen Weber's influential work Peasants Into Frenchmen, which emphasizes the development of "Frenchness" through interactions in social institutions such as the military and the educational …