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Articles 103861 - 103890 of 103897
Full-Text Articles in Entire DC Network
Partial Unconstitutionality, Kevin C. Walsh
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
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
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
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
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 …
Petriarch : The Complete Guide To Financial And Legal Planning For A Pet's Continued Care, Rachel Hirschfeld
Petriarch : The Complete Guide To Financial And Legal Planning For A Pet's Continued Care, Rachel Hirschfeld
Guides, Handbooks and Manuals
No abstract provided.
Bull's-Eye! : The Ultimate How-To Marketing & Sales Guide For Cpas, Tracy Crevar Warren, American Institute Of Certified Public Accountants. Private Companies Practice Section
Bull's-Eye! : The Ultimate How-To Marketing & Sales Guide For Cpas, Tracy Crevar Warren, American Institute Of Certified Public Accountants. Private Companies Practice Section
Guides, Handbooks and Manuals
No abstract provided.
Rebirth Of Roth : A Cpa's Ultimate Guide For Client Care, Robert S. Keebler, American Institute Of Certified Public Accountants. Personal Financial Planning Division
Rebirth Of Roth : A Cpa's Ultimate Guide For Client Care, Robert S. Keebler, American Institute Of Certified Public Accountants. Personal Financial Planning Division
Guides, Handbooks and Manuals
No abstract provided.
Taking Cues From Congress: Judicial Review, Congressional Authorization, And The Expansion Of Presidential Power, David H. Moore
Taking Cues From Congress: Judicial Review, Congressional Authorization, And The Expansion Of Presidential Power, David H. Moore
Faculty Scholarship
In evaluating whether presidential acts are constitutional, the Supreme Court often takes its cues from Congress. Under the Court's two most prominent approaches for gauging presidential power-Justice Jackson's tripartite framework and the historical gloss on executive power-congressional approval of presidential conduct produces a finding of constitutionality. Yet courts and commentators have failed to recognize that congressional authorization may result from a failure of checks and balances. Congress may transfer power to the President against institutional interest for a variety of reasons. This key insight calls into question the Court's reflexive reliance on congressional authorization. Through this reliance, the Court overlooks …
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
The President's Unconstitutional Treatymaking, David H. Moore
The President's Unconstitutional Treatymaking, David H. Moore
Faculty Scholarship
The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …
Aicpa Audit And Accounting Manual As Of June 1, 2010 : Nonauthoritative Technical Practice Aid, American Institute Of Certified Public Accountants (Aicpa)
Aicpa Audit And Accounting Manual As Of June 1, 2010 : Nonauthoritative Technical Practice Aid, American Institute Of Certified Public Accountants (Aicpa)
Guides, Handbooks and Manuals
No abstract provided.
2010 North Dakota Weed Control Guide, Richard K. Zollinger, Mike Christoffers, Greg Endres
2010 North Dakota Weed Control Guide, Richard K. Zollinger, Mike Christoffers, Greg Endres
W Series – Weeds
No abstract provided.
Managing Your Tax Season, Edward Mendlowitz
Managing Your Tax Season, Edward Mendlowitz
Guides, Handbooks and Manuals
No abstract provided.
Building Your Bullet-Proof Plan For Paperless Practices, Joseph P. Manzelli, American Institute Of Certified Public Accountants .Private Companies Practice Section
Building Your Bullet-Proof Plan For Paperless Practices, Joseph P. Manzelli, American Institute Of Certified Public Accountants .Private Companies Practice Section
Guides, Handbooks and Manuals
No abstract provided.
Securing The Future : Succession Planning Basics, William L. Reeb
Securing The Future : Succession Planning Basics, William L. Reeb
Guides, Handbooks and Manuals
No abstract provided.
Inside Track To Careers In Accounting, Stan Ross, James Carberry
Inside Track To Careers In Accounting, Stan Ross, James Carberry
Guides, Handbooks and Manuals
No abstract provided.
Members In Business And Industry Guide To Understanding Internal Control And Internal Control Services For Smaller Entities, American Institute Of Certified Public Accountants (Aicpa)
Members In Business And Industry Guide To Understanding Internal Control And Internal Control Services For Smaller Entities, American Institute Of Certified Public Accountants (Aicpa)
Guides, Handbooks and Manuals
No abstract provided.
Winning The New Ballgame : Planning For Growth In A Post-Recession Economy, Michael J. Ramos
Winning The New Ballgame : Planning For Growth In A Post-Recession Economy, Michael J. Ramos
Guides, Handbooks and Manuals
No abstract provided.
Assessing And Responding To Audit Risk In A Financial Statement Audit, Revised Edition As Of October 1, 2009; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Risk Assessment Audit Guide Task Force
Assessing And Responding To Audit Risk In A Financial Statement Audit, Revised Edition As Of October 1, 2009; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Risk Assessment Audit Guide Task Force
Guides, Handbooks and Manuals
No abstract provided.
Aicpa Audit Committee Toolkit : Not-For-Profit Organizations, American Institute Of Certified Public Accountants. Audit Committee Effectiveness Center, Cna Financial Corporation
Aicpa Audit Committee Toolkit : Not-For-Profit Organizations, American Institute Of Certified Public Accountants. Audit Committee Effectiveness Center, Cna Financial Corporation
Guides, Handbooks and Manuals
No abstract provided.
Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez
Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez
Faculty Scholarship
Relied upon but unwelcome, among us but uninvited, undocumented workers in the United States – now numbering over 8 million – labor on the border of inclusion and exclusion, between a status-based conception of membership and a territorial approach to membership. Although mere presence in the U.S. secures undocumented workers many of the same labor protections afforded to authorized workers, undocumented status often forecloses certain remedies otherwise available for employer breaches of those protections. Many commentators have criticized this effective status-based denial of rights to undocumented workers as inimical to the goals underlying labor and immigration law. While this Article …
Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez
Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez
Faculty Scholarship
No abstract provided.
Future Cpa's Guide To Life And Awesomeness, American Institute Of Certified Public Accountants (Aicpa)
Future Cpa's Guide To Life And Awesomeness, American Institute Of Certified Public Accountants (Aicpa)
Guides, Handbooks and Manuals
No abstract provided.
David Walker To Deliver Keynote At Aicpa 2010 Advanced Personal Financial Planning Conference., American Institute Of Certified Public Accountants (Aicpa)
David Walker To Deliver Keynote At Aicpa 2010 Advanced Personal Financial Planning Conference., American Institute Of Certified Public Accountants (Aicpa)
Guides, Handbooks and Manuals
No abstract provided.
Precision Measurement Of The Hydrogen-Deuterium 1s-2s Isotope Shift, Christian G. Parthey, Arthur Matveev, Janis Alnis, Randolf Pohl, Thomas Udem, Ulrich D. Jentschura, Nikolai Kolachevsky, Theodor W. Hänsch
Precision Measurement Of The Hydrogen-Deuterium 1s-2s Isotope Shift, Christian G. Parthey, Arthur Matveev, Janis Alnis, Randolf Pohl, Thomas Udem, Ulrich D. Jentschura, Nikolai Kolachevsky, Theodor W. Hänsch
Physics Faculty Research & Creative Works
Measuring the hydrogen-deuterium isotope shift via two-photon spectroscopy of the 1S-2S transition, we obtain 670994334606(15) Hz. This is a 10-times improvement over the previous best measurement confirming its frequency value. a calculation of the difference of the mean square charge radii of deuterium and hydrogen results in r2d-r2 p=3.82007(65)fm2, a more than twofold improvement compared to the former value.
North Dakota Fertilizer Recommendation: Tables And Equations, D. W. Franzen
North Dakota Fertilizer Recommendation: Tables And Equations, D. W. Franzen
SF Series – Soils & Fertilizers
No abstract provided.
Separation Of Transitions With Two Quantum Jumps From Cascades, Ulrich D. Jentschura
Separation Of Transitions With Two Quantum Jumps From Cascades, Ulrich D. Jentschura
Physics Faculty Research & Creative Works
We consider the general scenario of an excited level | i 〉 of a quantum system that can decay via two channels: (i) via a single-quantum jump to an intermediate, resonant level | m 〉, followed by a second single-quantum jump to a final level | f 〉, and (ii) via a two-quantum transition to a final level | f 〉 . Cascade processes | i 〉 → | m 〉 → | f 〉 and two-quantum transitions | i 〉 → | m 〉 → | f 〉 compete (in the latter case, | m 〉 can be both …
Self-Energy Correction To The Bound-Electron G Factor Of P States, Ulrich D. Jentschura
Self-Energy Correction To The Bound-Electron G Factor Of P States, Ulrich D. Jentschura
Physics Faculty Research & Creative Works
The radiative self-energy correction to the bound-electron g factor of 2P1/2 and 2P3/2 states in one-electron ions is evaluated to order α(Zα)2. The contribution of high-energy virtual photons is treated by means of an effective Dirac equation, and the result is verified by an approach based on long-wavelength quantum electrodynamics. The contribution of low-energy virtual photons is calculated both in the velocity and in the length gauge, and gauge invariance is verified explicitly. The results compare favorably to recently available numerical data for hydrogenlike systems with low nuclear charge numbers.
Magnetic Excitations In The Spinel Compound Liₓ [Mn₁.₉₆ Li₀.₀₄] O₄ (X=0.2,0.6,0.8,1.0 ): How A Classical System Can Mimic Quantum Critical Scaling, Thomas Heitmann, Alexander Schmets, John Gaddy, Jagat Lamsal, Marcus Petrovic, Thomas Vojta, Wouter Montfrooij
Magnetic Excitations In The Spinel Compound Liₓ [Mn₁.₉₆ Li₀.₀₄] O₄ (X=0.2,0.6,0.8,1.0 ): How A Classical System Can Mimic Quantum Critical Scaling, Thomas Heitmann, Alexander Schmets, John Gaddy, Jagat Lamsal, Marcus Petrovic, Thomas Vojta, Wouter Montfrooij
Physics Faculty Research & Creative Works
We present neutron-scattering results on the magnetic excitations in the spinel compounds Lix [Mn1.96 Li0.04] O4 (x=0.2,0.6,0.8,1.0). We show that the dominant excitations below T~70K are determined by Mn ions located in clusters, and that these excitations mimic the dynamic scaling found in quantum critical systems that also harbor magnetic clusters, such as CeRu0.5 Fe1.5 Ge2. We argue that our results for this classical spinel compound suggest that the unusual response at low temperatures as observed in quantum critical systems that have been driven to criticality through substantial chemical doping is …