Digital Commons Network^™

A Common Lawyer's Perspective On Contrefaçon, Jane C. Ginsburg

Faculty Scholarship

Contrefaçon in French copyright law examines the scope of French copyright through the lens of remedies. Contrefaçon is the act to which certain civil and criminal sanctions attach. Viewed from this angle, the history of French copyright law tells a tale of the slow emergence of a unified concept of the wrongful act, covering not only the manufacturing of copies but also public performances, live and through transmissions. The emphasis on contrefaçon reveals the continuity of the revolutionary authors' right of 1793 with the ancient régime of printing regulation, with unauthorized production of physical copies of books remaining the essence …

On The Guise Of The Good, Joseph Raz

Faculty Scholarship

The chapter examines the main argument for, and the presuppositions of the claim that intentional actions are actions taken in, and because of, a belief that there is some good in them. An analysis of intentional actions, and of action for a (normative) reason, followed by a consideration of a number of objections to the thesis of the Guise of the Good force various revisions and refinements of the thesis yielding a defensible version of it. It is argued that the revised thesis is supported by the same argument that inspired the Guise of the Good from the beginning and …

Close Encounters Of Three Kinds: On Teaching Dominance Feminism And Intersectionality, Kimberlé W. Crenshaw

Faculty Scholarship

I am pleased to be a part of this symposium honoring Catharine MacKinnon's groundbreaking work as a feminist theorist, legal advocate, and global activist. This invitation not only presents the opportunity to examine the interface between dominance theory and intersectionality, but also the occasion to delve further into the vexed rhetorical politics surrounding feminism and antiracism.

By now the fact that there has been a contested relationship between antiracism and feminism is almost axiomatic.1 Yet as with most things that have become matters of common knowledge, there is a risk that generalizations can metastasize into hardened conclusions that obscure rather …

Book Reviews And Libel Proceedings, Lori Fisler Damrosch, Bernard H. Oxman, Richard B. Bilder, David D. Caron

Faculty Scholarship

The American journal of International Law has been informed of the initiation in France of penal proceedings against the editor in chief of the European journal of International Law (EJIL), by virtue of a complaint filed by an author of a book reviewed on a Web site affiliated with the Ejll.1 We share the concerns of other professional societies regarding the potential of such litigation for chilling academic discourse. 2 We also take this opportunity to explain the practice of the AJIL concerning communications from authors who object to book reviews published in our pages, and to state our position …

A Lucky Child: A Memoir Of Surviving Auschwitz As A Young Boy, Lori Fisler Damrosch

Faculty Scholarship

Many readers of this Journal would readily identify the young boy in lederhosen, hands tightly clasped by his mother, who is in turn enfolded in the father's embrace – all three smiling on what is perhaps the child's third birthday – in the cover photograph of the American edition of the book under review. In this memoir he is Tommy, Tom, Tomek, or Tommyli; in later life he is known to us (and recognized worldwide) as Thomas Buergenthal, judge of the International Court of justice since 2000 and honorary president of the American Society of International Law from 2001 to …

The Future Scholars Program: Preparing Future Scholars For Rutgers & Readying Rutgers For Future Scholars, Katie Poynter, Susan P. Sturm

Faculty Scholarship

The Center for Institutional and Social Change at Columbia Law School identified the Rutgers Future Scholars program as a new and innovative approach to advancing the participation and success of low-income, minority students in higher education. Rutgers University established the Future Scholars program with the goal of ― reaching minority and low-income students who might otherwise never consider college within their grasp."1 Future Scholars targets promising middle school students from the urban communities surrounding its three main campuses of Newark, Camden, and New Brunswick/Piscataway. These communities face challenges of social marginalization and poverty. Despite their proximity to the Rutgers campuses, …

Scaling Up, Lourdes Hernández-Cordero, Susan P. Sturm, Kathleen Klink, Allan J. Formicola

Faculty Scholarship

Moments of crisis require big, bold ideas. In this chapter we will zoom out of our close examination of the Northern Manhattan Community Voices Collaborative experience to propose ways to scale up the things that worked for us in order to make them applicable at a national level. With this chapter we honor the intent of the W. K. Kellogg Foundation in its support of learning laboratories across the nation. Our goal is to contribute to the collective dialogue on how to improve the health care system. Specifically, we propose that making a healthier nation and reducing health care costs …

Mediating Medical Malpractice Lawsuits: The Need For Plaintiff And Physician Participation, Chris Stern Hyman, Carol B. Liebman

Faculty Scholarship

At this moment in history, tort reform and new approaches to resolving medical malpractice claims are part of the national debate about how to improve health care. Federal funding is available for pilot projects to test new approaches to medical malpractice litigation. There is increased pressure from health care regulators to disclose adverse events and communicate better with patients and their families. These all present opportunities to increase the use of mediation, particularly to address medical malpractice lawsuits and to improve patient safety.

For the past seven years, we have been studying ways in which mediation and mediation skills can …

The Impact Of The Adoption And Safe Families Act On Children Of Incarcerated Parents, Arlene F. Lee, Philip Genty, Mimi Laver Child Welfare League Of America

Faculty Scholarship

On November 9, 1997, President Bill Clinton signed the Adoption and Safe Families Act of 1997 (ASFA) to improve the safety of children, to promote adoption and other permanent homes for children, and to support families. The changes in ASFA are important to ensure the safety of children and increase their likelihood of placement in permanent homes. The change that requires close examination is the timeline for initiating the termination of parental rights (TPR) proceedings. Many people have questioned whether these changes, if applied in their strictest terms, have had a detrimental effect on children of prisoners, because a large …

Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins

Faculty Scholarship

In this essay, I revisit and expand an argument I have made with respect to the limited usefulness of liberalism in defining an agenda for guaranteeing women's rights and improving women's conditions. After laying out this case, I discuss Martha Nussbaum's capabilities approach to fundamental rights and human development and acknowledge that her approach addresses to a significant degree many of the objections I and other feminist scholars have raised. I then turn to fieldwork that I have done in South Africa on the issue of custom and women's choices with regard to marriage and divorce. Applying Professor Nussbaum's capabilities …

Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson

Faculty Scholarship

This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be …

Excuse Doctrine: The Eisenberg Uncertainty Principle, Victor P. Goldberg

Faculty Scholarship

The world is in a bit of a mess. Oil prices soared to more than $140 per barrel and within months plummeted to below $40. The pound fell from $2 to less than $1.40. Housing and stock prices crashed. Foreclosures, bankruptcies, and bailouts became newspaper staples. When things go awry like this, inevitably many people and firms regret having entered into contracts under more favorable circumstances. Many of them will be looking for ways to limit, or better yet, avoid the consequences. A preeminent contracts scholar, Melvin Eisenberg (2009), has provided them with considerable ammunition in a recent paper, arguing …

Unf Journal Winter 2010, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

Question Utilization In Solution-Focused Brief Therapy: A Recursive Frame Analysis Of Insoo Kim Berg's Solution Talk, Jeffrey Cotton

The Qualitative Report

Recursive frame analysis (RFA) was used to conduct a single case investigation of Insoo Kim Berg's question utilization talk in a solution-focused brief therapy (SFBT) session. Due to the lack of process research that explores how SFBT questions facilitate change, the author investigated how Berg's solution language influenced a client to respond in session. The purpose of this case study was to explore how SFBT questions served as interventions to facilitate change. The research question for this study was twofold: (a) how does Berg's language influence conversation and (b) how is the client influenced by Berg's questions in a therapeutic …

(Re)Constructing Reflexivity: A Relational Constructionist Approach, Diane Marie Hosking, Bettine Pluut

The Qualitative Report

This article distinguishes three discourses of reflexivity in relation to human inquiry. One of these arises from a post-modern, relational constructionist perspective which radically re-conceptualizes reflexivity: (a) as a local and co-constructed process oriented towards the question (b) how are we 'going on' together, and therefore paying attention to (c) the realities and relations we are co-creating during the research process and so (d) is concerned with local pragmatic and ethical issues (Gergen & Hosking, 2006; McNamee, 1994) rather than with the quality of truth claims. Regular reflexive dialogues as part of, and directed at, the research process can heighten …

A Case Of One Professor's Teaching And Use Of Nature Of Science In An Introductory Chemistry Course, Mehmet Karakas

The Qualitative Report

In this article I provide a qualitative analysis of one faculty's teaching and answer the following research question: How does one chemistry professor who teaches introductory science incorporate aspects of the nature of science (NOS) into his course? This study concentrates on a single case in one private higher institution in the Northeastern United States. The participant's teaching style is presented through a combined presentation of interviews, classroom observations, and classroom activities. Six main themes emerged from the field notes in the areas of teacher actions, student teacher interactions, start of the lecture, incorporating NOS language in instruction, class size, …

Issues In The Analysis Of Focus Groups: Generalisability, Quantifiability, Treatment Of Context And Quotations, Lilla Vicsek

The Qualitative Report

In this paper I discuss some concerns related to the analysis of focus groups: (a) the issue of generalisation; (b) the problems of using numbers and quantifying in the analysis; (c) how the concrete situation of the focus groups could be included in the analysis, and (d) what formats can be used when quoting from focus groups. Problems with respect to generalisation are discussed; types of generalisation are presented which can be used in focus group research. Arguments are made against using a primarily quantitative perspective in the evaluation of focus group data. It is argued that the situation of …

Depression: The Differing Narratives Of Couples In Couple Therapy, Eija-Liisa Rautiainen, Jukka Aaltonen

The Qualitative Report

How does the spouse of a person with depression take part in constructing narratives of depression in couple therapy? In this study we examined couples' ways of co-constructing narratives of depression in couple therapy. Three couple therapy processes were chosen for the study, one spouse in each couple having been referred to an outpatient clinic for treatment for his/her depression. Four sessions from each systemic couple therapy process (Jones & Asen, 2000) were analyzed using narrative analysis. According to our findings, couples co-constructed narratives of depression, each in their own way. It is crucial to focus not only on the …

Dialoguing With Body: A Self Study In Relational Pedagogy Through Embodiment And The Therapeutic Relationship, Chantale Lussier-Ley

The Qualitative Report

This article emerges from a self-study (Baird, 2004; Bergum, 2003; Grumet, 1990; Ham & Kane, 2004; Kitchen, 2005a, 2005b; Loughran, 2004) conducted as a requirement for a doctoral class at the University of Ottawa in the Faculty of Education. In this study, I reflected on my embodied experiences and the role of the body in my consulting practice in sport and performance psychology with athletes and dancers. Inspired by the work of Chehayl (2006), I engaged in a narrative analysis (Sands, 2002; Sparkes, 2002) of my own emerging autobiographic tale, and actively worked towards re-storying my body through a multi …

Optimizing The Physical And Nutritional Environment Of Unleached Root-Zones, Curtis B. Adams

Publications

Unleached root-zones represent an environmental ideal by eliminating wasteful leaching of nutrients and water. NASA grows plants in space in unleached root-zones, incorporating polymer-coated fertilizer (PCF) into a ceramic media (Turface or Profile). However, lack of growth productivity in space has led to the need for research to improve the nutritional and physical environment of the root-zone, which is the objective of this research. PCF types are diverse in release characteristics and the effects of temperature and substrate water content have not been well characterized. In spite of widespread use, studies on chemical properties and applied studies to verify soil …

Reunion, Megan Carpenter

Faculty Scholarship

No abstract provided.

Identification Of Virulence Genes In The Corn Pathogen Fusarium Verticillioides, Divya Chouhan

Dissertations and Theses @ UNI

Fusarium verticillioides is a pathogenic fungus that causes infection of crops and vegetables such as corn, wheat, potato, cassava, banana, potato and sorghum. It causes various diseases in corn such as seedling blight, root, stalk, and ear rot. Pathogenic Fusarium species have caused billions of dollars of damage through reduced yield. F.verticillioides also produces mycotoxins such as fumonisin. Consumption of contaminated grain can cause various diseases in animals such as pulmonary oedema in pigs and leukoencephalomalacia in horses, and may be associated with esophageal cancer in humans. Identification of virulence genes in F. verticillioides will help in understanding its biology …

Improving The Instruction And Learning Of Topographic Maps Through The Use Of Geospatial Technologies, Troy Dean Schwemm

Dissertations and Theses @ UNI

Geographic information technologies (GIT) are spatially based technologies that include geographic information systems (GIS), remote sensing, and global positioning systems (GPS). Though GIT has been used in society for decades, and has grown tremendously in the last 10 years as advancements in technology have become available, its inclusion into the K-12 curriculum has not kept pace. As the educational reform movement places an ever increasing amount of pressure on schools to produce technologically literate, workforce ready graduates, school districts are scrambling to find creative, innovative ways to accomplish this task. Rather than learning passively, GIT allows students to construct their …

Conflicting Identities And Ideologies: A Rhetorical Analysis Of The National Japanese American Memorial To Patriotism During World War Ii, Kaori Yamada

Dissertations and Theses @ UNI

This thesis is a rhetorical criticism of the National Japanese American Memorial to Patriotism During World War II, located in Washington, D.C. It was erected on November 9, 2000, to memorialize Japanese Americans who were forced to move to the relocation camps and Japanese American soldiers who died as members of the U.S. armed forces during WWII. Examining the intended meaning of the Memorial by its creators is not a central focus of this study. Rather, I investigate how interactions among the rhetoric of the Memorial, social contexts, and audiences create multiple meanings.

The first analytic focus is the symbolic …

Kurt Vonnegut, Authorship And The Purpose Of Literature: A Study Of Kilgore Trout, Danielle M. Benesh

Dissertations and Theses @ UNI

The works of Kurt Vonnegut demonstrate the author's lifelong interest in the purpose of literature and the role of the author in a postmodern society. Through the use of his most frequently recurring character, the science-fiction writer Kilgore Trout, Vonnegut questions the ways in which an author's works influence readers and ponders the relationship between society and art. These themes are explored in detail in the four novels which feature Kilgore Trout most prominently: God Bless You, Mr. Rosewater, Slaughterhouse-Five, Breakfast of Champions and Timequake. A study of these novels reveals a progressive personification of the Trout figure, as …

Susan Wolf On The Meaning Of Life: A Review, Joseph Raz

Faculty Scholarship

The book comprises the two Tanner Lectures given by Susan Wolf at Princeton in 2007; helpful comments by John Koethe, Robert M. Adams, Nomy Arpaly, and Jonathan Haidt;Wolf ’s replies; and a brief introduction by Stephen Macedo. Wolf writes elegantly and thoughtfully, and the book, which seems to preserve in length and style its origins as two lectures, is full of sensible, suggestive ideas. The Tanner Lectures are meant to reach a nonspecialist audience, and some specialist readers may wish to have more on less, a desire likely to affect especially those who, like myself, share Wolf ’s basic approach …

Interring The Rhetoric Of Judicial Activism, Neil S. Siegel

Faculty Scholarship

For decades, leaders of the Republican Party have decried “judicial activism” and championed “judicial restraint.” For much of that time, Republican politicians have equated judicial restraint with a commitment to judicial deference, asserting that “activist” judges disrespect the will of popular majorities. More recently, as the Republican Party has solidified its control of the federal courts and made its own claims on the Constitution, Republican politicians have tended to define judicial activism in potentially conflicting ways, mixing deference frames with claims about the autonomy of law from mere politics or personal beliefs.

In this Article, I examine these two ways …

Prudentialism In Mcdonald V. City Of Chicago, Neil S. Siegel

Faculty Scholarship

At least two kinds of prudential argument have been identified in the literature on constitutional interpretation: court-centered prudentialism and system-centered prudentialism. Commentators often characterize court-centered prudentialism as animated by concern over the Supreme Court’s preservation of its public legitimacy, which can be undermined when the Justices decide controversial questions in ways that cause backlash. By contrast, system-centered prudentialism asks not only what judicial decision is best for the Court’s effectiveness, but also what response is best for the constitutional system as a whole when the Court’s legitimacy is not at stake.

The Court’s recent decision in McDonald v. City of …

Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Joshua Gupta-Kagan

Faculty Scholarship

Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typically involve only facts gone by ... The ultimate parties in interest are the [children] themselves. And for them, their lives are ... ongoing event[s].” A child’s need to return to his parent may ebb or flow. His parent’s fitness may improve, regress, or remain the same. Federal law, followed in all states that wish to receive federal funds to support foster care, requires regular permanency hearings so family courts can make decisions based on evolving factual situations. These decisions, and the lack of greater procedural …

Climate Regulation Without Congressional Action, Michael B. Gerrard

Faculty Scholarship

The apogee of congressional support for comprehensive climate change legislation came on June 26, 2009, when the House of Representatives passed the American Clean Energy Security Act (Waxman-Markey) by a vote of 219 to 212. Its Senate counterpart, the American Power Act, known first as Kerry-Lieberman-Graham and then just Kerry-Lieberman, never gained traction, and in July 2010 Senate Majority Leader Harry Reid (D.-Nev.) announced he would not bring it to the floor this year.

Many observers believe Republicans will take control of the House and possibly of the Senate after the Nov. 2, 2010, elections. Republican leadership in both chambers …