Digital Commons Network^™

Judicial Hostility To Litigation And How It Impairs Legal Accountability For Corporations And Other Defendants, Scott A. Moss

Publications

No abstract provided.

The People Of The Second Amendment: Citizenship And The Right To Bear Arms, Pratheepan Gulasekaram

Publications

The Supreme Court's recent Second Amendment decision, District of Columbia v. Heller, asserts that the Constitution's right to bear arms is an individual right to armed self-defense held by law-abiding "citizens. " This Article examines the implications of this description, concluding that the Second Amendment cannot concurrently be a right of armed self-defense and restricted to citizens. The Article proceeds in three parts. First, it analyzes the term "the people" as it has been interpreted in recent Court cases. The Article concludes that constitutional text and Supreme Court jurisprudence provide no sustainable basis to believe the Second Amendment is limited …

Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton

Publications

No abstract provided.

Front Loading And Heavy Lifting: How Pre-Dismissal Discovery Can Address The Detrimental Effect Of Iqbal On Civil Rights Cases, Suzette M. Malveaux

Publications

Although the Federal Rules of Civil Procedure are trans-substantive, they have a greater detrimental effect on certain substantive claims. In particular, the Supreme Court’s recent interpretation of Rule 8(a)(2)’s pleading requirement and Rule 12(b)(6)’s dismissal criteria - in Bell Atlantic v. Twombly and Ashcroft v. Iqbal - sets forth a plausibility pleading standard which makes it more difficult for potentially meritorious civil rights claims alleging intentional discrimination to survive dismissal. Such claims are more vulnerable to dismissal because: plaintiffs alleging intentional discrimination often plead facts consistent with both legal and illegal conduct; discriminatory intent is often difficult, if not impossible, …

Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases, Justin Murray

Publications

In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court's use of Establishment Clause ideas in Roe and later abortion cases.

Some brief background is essential in order to see how the Court wove Establishment Clause themes into the structure of its Due Process analysis. The Due Process Clause prohibits the government …

Integration Matters: Rethinking The Architecture Of International Dispute Resolution, Anna Spain

Publications

International law promotes global peace and security by providing mechanisms for the pacific settlement of international disputes. This Article examines these mechanisms and their place in the architecture of the international dispute resolution ("IDR") system. The Article identifies three core deficiencies of the IDR system that limit its effectiveness and capacity. First, the international legal system has prioritized the development of adjudication over other forms of dispute resolution; the judicialization of international disputes and the proliferation of courts and tribunals evidence this. However, adjudication is limited in its capacity to resolve disputes that involve non-state parties and extra-legal issues. This …

A Critical Legal Rhetoric Approach To In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss

Publications

In this paper I apply critical legal rhetoric to the judicial opinion rendered in response to the Defendants' Motion to Dismiss Plaintiffs' Second Amended and Consolidated Complaint in 'In Re African American Slave Descendants', a case concerning the efforts of a group of modern-day descendants of enslaved African-Americans to obtain redress for the harms of slavery. The chief methodological framework for performing critical legal rhetorical analysis comes from the work of Marouf Hasian, Jr. particularly his schema for analysis which he calls substantive units in critical legal rhetoric. Critical legal rhetoric is a potent tool for exposing the …

Understanding The Book Of Mormon? He “Doth Protest Too Much, Methinks”, Ben Mcguire

Review of Books on the Book of Mormon 1989–2011

Review of Ross Anderson. Understanding the Book of Mormon: A Quick Christian Guide to the Mormon Holy Book.

Editorial Statement

The Bridge

No abstract provided.

Inside Cover

The Bridge

No abstract provided.

Sunset Song: The Stony Limits Of Romanticism And Modernism, Hillary Gamblin

Criterion: A Journal of Literary Criticism

No abstract provided.

Katherine Anne Porter And The Problem Of Critical Assessment Across Borders, Max O. Johnson

Criterion: A Journal of Literary Criticism

No abstract provided.

Cover And Front Matter

Criterion: A Journal of Literary Criticism

No abstract provided.

The Politics And Economics Of The Romantic Poetess, Rachel A. Wortman

Criterion: A Journal of Literary Criticism

No abstract provided.

À La Recherche Du Temps Perdu: Russian -­‐‑Sja And -­‐‑En-­‐‑ In Asbmt, Leonard H. Babby

Russian Language Journal

In 1973-­‐‑74, Dick Brecht and I wrote an article entitled The Syntax of Voice in Russian, which appeared in Language in 1975 (hereafter B&B 1975). Since then Dick and I have gone off in different directions, but I have returned periodically to the rich vein of data and problems in our paper and return to them again here, this time within the frame-­‐‑ work of the argument-­‐‑structure based theory of morphosyntax (ASBMT) proposed in Babby 2009, 2010a, 2010b, and 2011, which has enabled me, after the passage of 35 years, to pinpoint what was right in the Syntax of Voice …

Some Thoughts On The Societal Impact Of Linguistics, Arto Mustajoki

Russian Language Journal

Today, scholars are obliged to justify the necessity of research in their own fields. The purpose of this paper is to discuss the channels of societal impact of linguistic research. In other words, I will try to answer the following question: in what ways is the work of scholars dealing with language(s) useful for society? The paper is based on my articles published in Finnish (Mustajoki 2005, 2011) and on oral presentations in various academic circles. I will first discuss some general ideas concerning the societal impact of research and researchers. I will then try to apply these ideas to …

On The Status Of Russian Perfective Passives In –Sja, James S. Levine

Russian Language Journal

In an early and important study of voice in Russian, Babby and Brecht (1975) introduced significant theoretical revisions to prevailing transformational analyses of passives in Russian. In their article, B&B demonstrated the inadequacies of previous analyses, which posited a single “passive transformation” for Russian. Instead, they proposed an analysis of voice that achieved maximum generality by accounting in a principled way for the syntactic relations between active, passive, and middle sentences. In particular, they argued that passives formed with the suffix –en-­‐‑ must be derived differently from passives in –sja, the former resulting from a lexical process that derived –en-­‐‑adjectives …

Seeking Alternatives To Marijuana Prohibition, Rachel Kiesel

Honors Program Theses

Marijuana legality is a highly controversial social issue. Although our society continues to be bombarded by negative images of drugs and crime in the media, cultural perceptions regarding marijuana have been changing over the past few years. Today, many people are more accepting of marijuana use than ever before. As a result of these shifting attitudes, several states have taken the initiative to pass new legislation on regulating marijuana with reduced restrictions.

An Archaeological Model Of Northern Warren County Prehistory With Survey Data, Whitney Alina Mark

Honors Program Theses

The following paper is an outline of prehistoric cultures within Central Iowa and more specifically northern Warren County. The purpose of this study was the evaluation of the archaeological evidence near Middle River and the creation of a model to explain the location of this evidence. The model was created in order to predict what types of sites are common as well as what topographical locations they are located on. The number and location of known sites, as well as their cultural identification was analyzed in order to determine the probability that cultural remains could be found on the survey …

Las Representaciones Ideológicas Del Lenguaje: Discurso Glotopolítico Y Panhispanismo, José Del Valle, Elvira Arnoux

Publications and Research

Linguistic ideologies are defined and placed in the context of glottopolitical studies (or political approaches to language). Ideological representations of Spanish in the context of MERCOSUR and the panhispanic community are discussed.

Review Of Forbidden Planet, Michael Adams

Publications and Research

Review of Fred McLeod Wilcox's Forbidden Planet: http://www.media-party.com/discland/2010/09/forbidden-planet-blu-ray.html

Guest Editorial: On Method, Technorealism And Aesthetic Capitalism, Patricia Ticineto Clough

Publications and Research

The guest editorial excerpts the keynote address Professor Clough held at the First Annual Graduate Student Conference hosted by the Graduate Center's Sociology Students Association.

Commentary: Culture Of Poverty: Don't Call It A Comeback!, Marnie Brady, Kathleen Dunn, Jamie Mccallum

Publications and Research

Commentary on the culture of poverty argument.

The Mirage Of Non-State Governance, Ralf Michaels

Utah Law Review

Postulating non-state governance challenges the state’s monopoly on the creation and adjudication of law, but it does not challenge the framework in which we think of governance, or government, as related and linked to the state. Nonstate governance is merely the flipside of a state government. Ironically, such a conception does not weaken the importance of the state for governance, but perpetuates it. It changes the state from a tacit background assumption to the prime criterion with which we differentiate between kinds of governance. This limits in crucial ways our ability to think creatively about governance. When we talk of …

Swirls And Whorls: Litigating Post-Conviction Claims Of Fingerprint Misidentification After The Nas Report, Jacqueline Mcmurtrie

Utah Law Review

A petitioner seeking to challenge a conviction that was based upon a fingerprint match will face difficulties, even when armed with the findings of the NAS Report. In the areas described above, CBLA and SBS, there were “insiders” who began to challenge the science underlying the forensic conclusions reached by experts in the field. The community of latent print examiners has yet yielded a William Tobin, or multiple experts such as those in the Edmunds case who testified they had changed their opinion about the scientific validity of the conclusions they had once endorsed. The committee convened by Congress to …

Long Overdue: Utah’S Incomplete Approach To Eyewitness Identification And Suggestions For Reform, Steven J. Joffee

Utah Law Review

On January 17, 1985, Ronald Cotton, a twenty-two-year-old black man, was convicted of rape and sentenced to life in prison. That evening, his alleged victim, Jennifer Thompson, “toasted her victory with champagne.” Approximately six months earlier, in July of 1984, when Thompson was a twenty-two-year-old college student, a black male had broken into Thompson’s apartment, “held a knife to her throat, and forced her to submit to sexual intercourse.” During the course of the horrific attack, Thompson vowed to stay alert so that she could later help police catch her attacker and put him away forever. At one point during …

A Ticking Time Bomb? University Data Privacy Policies And Attorney-Client Confidentiality In Law School Settings, Gregory C. Sisk, Nicholas Halbur

Utah Law Review

Looking only at the specific problem of the attorney-client privilege, to say that university data privacy policies that fail to explicitly protect professional confidences are a ticking time bomb (as suggested by the title of this Article) may be hyperbolic. Unlike the “Surveillance Society” that has taken hold in the American corporate workplace, most American universities remain committed to the principle of academic freedom and encourage largely uninhibited exploration of ideas. The educational culture itself may foster a greater expectation of privacy in use of information technology—notwithstanding contradictory language in a formal university data privacy policy. If an outside challenge …

Review Of Charade, Michael Adams

Publications and Research

Review of Stanley Donen's 1963 film.

Review Of Contempt, Michael Adams

Publications and Research

Review of Jean-Luc Godard's Contempt: http://www.media-party.com/discland/2010/03/contempt-bluray.html

Review Of The T.A.M.I. Show, Michael Adams

Publications and Research

Review of concert film The T.A.M.I. Show: http://www.media-party.com/discland/2010/04/the-tami-show.html