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2010

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A Typology Of Consensual Criminal Procedures: An Historical And Comparative Perspective On The Theory And Practice Of Avoiding The Full Trial, Stephen C. Thaman Jan 2010

A Typology Of Consensual Criminal Procedures: An Historical And Comparative Perspective On The Theory And Practice Of Avoiding The Full Trial, Stephen C. Thaman

All Faculty Scholarship

In the words of Clifford Geertz, this chapter engages in “an exercise of intercultural translation” in order to understand the reality of plea bargaining and other forms of consensual resolution of criminal cases. It provides a history of consensual and alternative forms of criminal procedure around the world. It also provides a comprehensive discussion on alternatives to a full trial in modern penal systems and issues that arise with those alternatives.


Retribution And Reform, Chad Flanders Jan 2010

Retribution And Reform, Chad Flanders

All Faculty Scholarship

What is the relationship of punishment theory to punishment practice? What should this relationship be? The last twenty years have seen an amazing rise in sophisticated and elegant theories of retributive justice of a Kantian, and more recently, an expressivist variety - a “retributivist revival.” As pure philosophical theorizing goes, this must surely be counted as real progress. But, those same twenty years have also seen increases in the length of criminal sentences, in the amount of activity subject to criminal sanction, and in the sheer number of people behind bars. Professor James Q. Whitman has famously said that we …


The Constitution Of Toussaint, Michael J. Drexler, Ed White Jan 2010

The Constitution Of Toussaint, Michael J. Drexler, Ed White

Faculty Journal Articles

No abstract provided.


The Seventeenth-Century Battaglie For Lute In Italy, Aiden Deasy Jan 2010

The Seventeenth-Century Battaglie For Lute In Italy, Aiden Deasy

Theses : Honours

Italy had been the theatre of war for centuries. Political fragmentation ignited dynastic rivalries, carving out powerful autonomous city-states whose leaders amassed within their courts artists, musicians and writers in order to chronicle their military, religious and political vision. The musical depictions of particular military exploits, or battaglia, became popular springboards for colourful, programmatic compositions. These works were often performed in public in order to garner support for campaigns. Originally a vocal genre whose distant relative can be traced back to the caccia, or hunting song, the battaglie were often transcribed for instruments, in particular the lute, thus …


Portraits Of Women At Nuremberg, Diane Marie Amann Jan 2010

Portraits Of Women At Nuremberg, Diane Marie Amann

Scholarly Works

This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.


Sticks And Stones: Fracture Analysis Of The University Of Iowa-Stanford Collection, Diane Eddie Jan 2010

Sticks And Stones: Fracture Analysis Of The University Of Iowa-Stanford Collection, Diane Eddie

Honors Program Theses

Bones are an integral part to the human body. They support the entire system, help produce blood, and serve as places for muscles to attach. The condition of bones can say something about the conditions a person lived in. When and how bones warp and fail can also reflect upon the living conditions of a person. Fractures in bones prior to death can show the types of stressors the person had to put up with in life or if there was a particular type of stressor for a certain population. The number of individuals in the University of Iowa-Stanford Collection …


Selling Its Future Short: Armenia's Economic And Security Relations With Russia, Ian J. Mcginnity Jan 2010

Selling Its Future Short: Armenia's Economic And Security Relations With Russia, Ian J. Mcginnity

CMC Senior Theses

It is necessary and desirable for Armenia to retain close relations with Russia in both the short and long term. However, recent concessions to Russia for good relations in the short term may have potentially harmful repercussions for Armenia in the future. These concessions have in part resulted in the Russian dominance in the economic sector, over-dependence on Russia for Armenia’s energy needs, and the perpetuation of Armenian submissiveness to Russian interests. Armenia should, therefore, maintain good relations with Russia while simultaneously securing long-term paths that focus on actual strategic partnership and not dependence. In short, Armenia should return to …


War, Race, And Gender In American Presidential Elections In 1964 And 1972, Baxter Norcross Jan 2010

War, Race, And Gender In American Presidential Elections In 1964 And 1972, Baxter Norcross

CMC Senior Theses

This paper examines the partisan shift that took place in American Presidential elections during the Vietnam War. Specifically, I examine the landslide elections of 1964 and 1972 and how race, gender, and American casualties played a part in the shift.


Dancecult Bibliography: Books, Articles, Theses, Lectures, And Films About Electronic Dance Music Cultures, Eliot Bates Jan 2010

Dancecult Bibliography: Books, Articles, Theses, Lectures, And Films About Electronic Dance Music Cultures, Eliot Bates

Publications and Research

Dancecult is a forum for the electronic dance music culture (EDMC) research network, whose doors opened in April, 2005. Presently, Dancecult manifests as a mailing list and rich informational website. With around 180 members (and growing) worldwide, Dancecult-l is an interdisciplinary mailing list for graduate students, scholars, and other parties interested in the study and documentation of EDMCs from proto-disco through post-rave formations. As a critical information exchange hub, Dancecult-l enables resource sharing and collaboration between international researchers of club cultures, raves, techno, electronica, doof, digital arts and other manifestations of EDMC. Members come from various different disciplines, operating in …


Teaching Interdisciplinary Collaboration: Theory, Practice, And Assessment, Linda Morton, Howard Taras, Vivian Reznik Jan 2010

Teaching Interdisciplinary Collaboration: Theory, Practice, And Assessment, Linda Morton, Howard Taras, Vivian Reznik

Faculty Scholarship

In this article, we offer our own theory-based methodology for teaching interprofessional collaboration to law students and we present our preliminary data on its effectiveness. Part I explicates the definition and development of interdisciplinary collaboration. Part II describes how we have grounded our course in current theory, and Part III explains the extent to which our efforts have been successful. Finally, in Part IV, we offer additional thoughts regarding the teaching of interdisciplinary collaboration and pose questions and ideas for future data collection.


The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner Jan 2010

The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner

Faculty Scholarship

No abstract provided.


The "Just War" Theory: Application To United States And Israeli Militarism, Daniel C. Maguire Jan 2010

The "Just War" Theory: Application To United States And Israeli Militarism, Daniel C. Maguire

Theology Faculty Research and Publications

No abstract provided.


Whom The Gods Would Destroy, They First Make Myopic: Religion And Ethics In Cross-Disciplinary Ecological Dialogue, Daniel C. Maguire Jan 2010

Whom The Gods Would Destroy, They First Make Myopic: Religion And Ethics In Cross-Disciplinary Ecological Dialogue, Daniel C. Maguire

Theology Faculty Research and Publications

No abstract provided.


African-American Entrepreneurs: Integration, Education, And Exclusion, Cheryl L. Wade Jan 2010

African-American Entrepreneurs: Integration, Education, And Exclusion, Cheryl L. Wade

Western New England Law Review

No abstract provided.


Feeding Humanity, Starving Terror: The Utility Of Aid In A Comprehensive Antiterrorism Financing Strategy, Aloke Chakravarty Jan 2010

Feeding Humanity, Starving Terror: The Utility Of Aid In A Comprehensive Antiterrorism Financing Strategy, Aloke Chakravarty

Western New England Law Review

No abstract provided.


Commemoration, Memory, And Forgotten Histories: The Complexity And Limitations Of Australian Army Biography, Peter J. Dean Jan 2010

Commemoration, Memory, And Forgotten Histories: The Complexity And Limitations Of Australian Army Biography, Peter J. Dean

Arts Papers and Journal Articles

Military biography in Australia raises questions about the specific historiography more generally, and about the commemorative and celebratory tendencies in Australian military writing. Recent advances in the field illustrate the continuing tensions within the writing of military history in Australia, and reflect some of the same tendencies elsewhere in the English speaking world.



Lost Opportunity: Learning The Wrong Lesson From The Hayes-Tilden Dispute, Nathan L. Colvin, Edward B. Foley Jan 2010

Lost Opportunity: Learning The Wrong Lesson From The Hayes-Tilden Dispute, Nathan L. Colvin, Edward B. Foley

Fordham Law Review

A clear, efficient, and fair mechanism for resolving election disputes is an important aspect of smooth presidential succession. It is also something that our Constitution has lacked from its inception, and the adverse consequences of its absence were most recently apparent in the 2000 election. The 1876 Hayes-Tilden election, which required an Electoral Commission to resolve disputes about presidential electors, was the most severe manifestation of this presidential succession gap. As such, it also should have represented the best opportunity to fix the problem.

Instead of wholesale reform and constitutional amendment, Congress spent the next eleven years focusing its energy …


Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force In Compliance With International Law, Craig Martin Jan 2010

Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force In Compliance With International Law, Craig Martin

Brooklyn Law Review

No abstract provided.


The Age Of Aquarius: The Reorientation Of Nasa After 1969, Junichi Miyamoto Jan 2010

The Age Of Aquarius: The Reorientation Of Nasa After 1969, Junichi Miyamoto

Calvert Undergraduate Research Awards

One of the truisms about the National Aeronautics & Space Administration (NASA) in the eyes of most politicians is that it is a listless relic from the Cold War. On the surface, this interpretation seems acceptable. After all, its crowning achievement (the moon landings) has yet to be surpassed after forty years and likely will not be matched for at least another ten. Moreover NASA’s ordained cause, gaining the upper hand in space, was made possible by the national willpower only the fear of being overtaken by a technologically advanced arch-nemesis can generate. This condition certainly is not on the …


It Hastened What We All Fought For, The End Of The War: General Sherman's Campaigns Through Atlanta, Georgia, And The Carolinas And How They Impacted The Civil War, Thomas J. Birmingham Jan 2010

It Hastened What We All Fought For, The End Of The War: General Sherman's Campaigns Through Atlanta, Georgia, And The Carolinas And How They Impacted The Civil War, Thomas J. Birmingham

Calvert Undergraduate Research Awards

“It hastened what we all fought for, the end of the war: General Sherman’s campaigns through Atlanta, Georgia, and the Carolinas and how they impacted the Civil War” is my collection of research of the importance of Sherman’s campaigns through Atlanta, Georgia, and the Carolinas to bring the end of the war. My project is in fulfillment of the History 451: Proseminar within the requirements of a Bachelor’s Degree in history. My thesis paper covers those three campaigns and their importance in bringing the Civil War to an end. I have used primary and secondary evidence to provide facts and …


Geographic Distribution Of Natural And Anthropogenic Noise In Selected Grand Forks Parks, Erin A. Pederson Jan 2010

Geographic Distribution Of Natural And Anthropogenic Noise In Selected Grand Forks Parks, Erin A. Pederson

Theses and Dissertations

No abstract provided.


Preliminary Injunction: What’S Your Function? The Supreme Court’S Decision In Winter V. Natural Defense Council And The Effect On This Extraordinary Remedy., Amanda Laird Jan 2010

Preliminary Injunction: What’S Your Function? The Supreme Court’S Decision In Winter V. Natural Defense Council And The Effect On This Extraordinary Remedy., Amanda Laird

Student Works

No abstract provided.


Harold Burson: A Legend In Public Relations In The 20th Century, Megan Heather Smith Jan 2010

Harold Burson: A Legend In Public Relations In The 20th Century, Megan Heather Smith

Honors Theses

No abstract provided.


Mitigations Of Shame: Represented And Elicited Affect In Vietnam War Films Of The Late 1980s, Bryan D. Marinelli Jan 2010

Mitigations Of Shame: Represented And Elicited Affect In Vietnam War Films Of The Late 1980s, Bryan D. Marinelli

Open Access Dissertations

This dissertation investigates the extent to which select Vietnam War films of the late 1980s can be properly labeled as "shame-inducing texts." Beginning with an analysis of the ways in which shame has been represented and mitigated, the project then seeks to understand the degree to which these films elicited shame in viewing audiences. Chapter One delineates the properties of shame that are foundational to the study and offers a rationale for selecting Vietnam films of the late 1980s as focal texts. Chapter Two examines Full Metal Jacket's (1987) rendering of the methods used to neutralize shame in Marine recruits, …


The Magic Of Money And Banking, Eric J. Gouvin Jan 2010

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 …


Development Of A Mucosal Vaccine Protective Against Francisella Tularensis Infection, Amit R. Ashtekar Jan 2010

Development Of A Mucosal Vaccine Protective Against Francisella Tularensis Infection, Amit R. Ashtekar

All ETDs from UAB

Francisella tularensis, a facultative intracellular, gram-negative coccobacillus, is the causative agent of tularemia and has been classified as a category A biological agent. Since there currently is no licensed vaccine available, in this study, we assessed the potential of a bivalent subunit vaccine comprising of DnaK and Tul4 to protect against respiratory tularemia. Intranasal immunization of C57BL/6 mice with DnaK, Tul4, and the adjuvant GPI-0100 resulted in mucosal and systemic antibody responses to DnaK and Tul4. In addition to antibody responses, this immunization regimen also induced both Th1 and Th2 cell-mediated immune responses specific for DnaK and Tul4. Finally, more …


The End Of Farming In The “Northern Periphery” Of The Southwest, James R. Allison Jan 2010

The End Of Farming In The “Northern Periphery” Of The Southwest, James R. Allison

Faculty Publications

Prehispanic farmers belonging to the Virgin and Fremont traditions once occupied most of Utah and adjacent parts of Arizona and Nevada. Through much of the twentieth century, these areas were called the "Northern Periphery'' of the Southwest, but in recent decades, both Fremont and Virgin have often been left out of syntheses of southwestern archaeology-even though they clearly had strong connections to the Southwest and represented, respectively, the northernmost and westernmost extensions of maize-based horticulture in western North America. This exclusion results from a combination of factors, the most important of which are geography and the territorial behavior of some …


Cultural And Contextual Differentiation Of Mesoamerican Iconography In The Southwest/Northwest, Michael T. Searcy Jan 2010

Cultural And Contextual Differentiation Of Mesoamerican Iconography In The Southwest/Northwest, Michael T. Searcy

Faculty Publications

Ample research has documented the long-term interaction between Mesoamerica and the U.S. Southwest/Northwest Mexico (SW/NW). Nelson (2006:345) has used the phrase "Mesoamerican interaction markers" as a way to describe evidence of this contact in the SW/NW. He further defines these as "a variety of archaeological patterns that are reminiscent of Mesoamerican counterparts" including "objects, practices, and styles." Some of the interaction markers that have been studied at length are trade goods such as copper bells, macaws, shell, and iron pyrite mirrors (Bayman 2002; Bradley 1993; Ericson and Baugh 1993; Kelley 1966, 1995; Mathien 1993; McGuire 1993b; Nelson 2000; Riley 2005). …


Law And The Social Control Of American Capitalism, William J. Novak Jan 2010

Law And The Social Control Of American Capitalism, William J. Novak

Articles

This Essay is part of a larger, ongoing investigation of the role of law in the creation of a modern American state from 1877 to 1932. That project charts the decline of an early nineteenth-century world of local, common law self government (what I called in a previous work a “well-regulated society”) and the rise of a distinctly modern administrative regulatory state in the United States. This new legal-political regime was rooted in three interlinked developments: the centralization of public power; the individualization of private right; and the constitutionalization of the rule of law. Beginning soon after the Civil War, …


Protecting The Playground: Options For Confronting The Iranian Regime, Bryan P. Schwartz, Christopher C. Donaldson Jan 2010

Protecting The Playground: Options For Confronting The Iranian Regime, Bryan P. Schwartz, Christopher C. Donaldson

Brooklyn Journal of International Law

No abstract provided.