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2011

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Theatre Discipline Presents Classic Musical Comedy Anything Goes, University Relations Nov 2011

Theatre Discipline Presents Classic Musical Comedy Anything Goes, University Relations

Campus News Archive

No abstract provided.


Volume 109, Number 11 - Tuesday, November 8, 2011, Saint Mary's College Of California Nov 2011

Volume 109, Number 11 - Tuesday, November 8, 2011, Saint Mary's College Of California

The Collegian

No abstract provided.


The Parthenon, November 8, 2011, Kristin Steele Nov 2011

The Parthenon, November 8, 2011, Kristin Steele

The Parthenon

The Parthenon, Marshall University’s student newspaper, is published by students Monday through Friday during the regular semester and weekly Thursday during the summer. The editorial staff is responsible for the news and the editorial content.


November 8, 2011, The Daily Mississippian Nov 2011

November 8, 2011, The Daily Mississippian

Daily Mississippian (all digitized issues)

No abstract provided.


Staff Council Faculty Staff Benefits Committee Meeting, 11/8/2011, Unm Staff Council Nov 2011

Staff Council Faculty Staff Benefits Committee Meeting, 11/8/2011, Unm Staff Council

UNM Staff Council

No abstract provided.


Computers As Castles: Preventing The Plain View Doctrine From Becoming A Vehicle For Overbroad Digital Searches , James Saylor Nov 2011

Computers As Castles: Preventing The Plain View Doctrine From Becoming A Vehicle For Overbroad Digital Searches , James Saylor

Fordham Law Review

The plain view doctrine is based on the practical logic that an officer need not turn a blind eye to evidence that is immediately apparent as incriminating when he is lawfully present, where the object can be seen, and where he has a legal right to access that object. However, in the context of digital searches, this basic logic is stretched to a point that directly conflicts with the original purposes of the Fourth Amendment. The immense amount of data present on computers makes these searches much more intrusive. Officers employ search methods and techniques to access files that involve …


Giving Arbitration Some Credit: The Enforceability Of Arbitration Clauses Under The Credit Repair Organizations Act , Genevieve Hanft Nov 2011

Giving Arbitration Some Credit: The Enforceability Of Arbitration Clauses Under The Credit Repair Organizations Act , Genevieve Hanft

Fordham Law Review

In today’s economy, the effects of a bad credit report are devastating to consumers. Individuals with poor credit history are often crippled in their ability to purchase even the smallest item, and consequently turn for help to credit repair organizations advertising services that cure bad credit. Frequently, however, these organizations merely accept high fees from customers already in dire financial straits, without improving their financial standing. To combat these predatory practices, Congress passed the Credit Repair Organizations Act (CROA), which imposes several requirements on credit repair organizations. One such provision mandates that credit repair organizations give a form to each …


A Tale Of Three Sovereigns: The Nebulous Boundaries Of The Federal Government, New York State, And The Seneca Nation Of Indians Concerning State Taxation Of Indian Reservation Cigarette Sales To Non-Indians , Amanda M. Murphy Nov 2011

A Tale Of Three Sovereigns: The Nebulous Boundaries Of The Federal Government, New York State, And The Seneca Nation Of Indians Concerning State Taxation Of Indian Reservation Cigarette Sales To Non-Indians , Amanda M. Murphy

Fordham Law Review

This Note examines the conflict between New York State and the Seneca Nation of Indians regarding the taxation of cigarette sales to non-Indians on Indian reservations. In 1994, the United States Supreme Court found New York’s taxation scheme facially permissible without providing boundaries or guidance for the state’s subsequent enforcement. Seventeen years after the Court’s decision, no taxes have been collected on these sales. The issue involves conflicting spheres of federal, state, and tribal control. From 1965 to 1994, the Supreme Court balanced these competing interests, creating precedent that has failed to provide a definitive solution to this crisis. The …


Which Treaties Reign Supreme? The Dormant Supremacy Clause Effect Of Implemented Non-Self-Executing Treaties , Leonie W. Huang Nov 2011

Which Treaties Reign Supreme? The Dormant Supremacy Clause Effect Of Implemented Non-Self-Executing Treaties , Leonie W. Huang

Fordham Law Review

The Supremacy Clause includes treaties in the list of supreme laws which state judges are bound to uphold against conflicting state laws. However, as the U.S. Supreme Court most recently affirmed in Medellin v. Texas, not all Article II treaties receive this Supremacy Clause effect immediately upon ratification. Some treaties, known as non-self-executing treaties, are domestically unenforceable by United States courts until passage of federal legislation implementing the treaty. Based on this distinction between non-self-executing and self-executing treaties, courts have disagreed as to whether an implemented non-self-executing treaty can preempt state law or whether only the implementing legislation can have …


Finding The Good In Holmes's Bad Man , Marco Jimenez Nov 2011

Finding The Good In Holmes's Bad Man , Marco Jimenez

Fordham Law Review

This Article critically examines Oliver Wendell Holmes’s widely influential but controversial “bad man” theory of law from its inception during a speech Holmes gave for the dedication of a new hall of the Boston University School of Law in 1897, through its development over the next century, to its current influence over legal fields as diverse as contract law, tort law, and modern punitive damages jurisprudence. This Article argues that Holmes’s theory, despite its extraordinary influence, has been widely misunderstood and can be more profitably understood—by both supporters and critics alike—not as supporting the bad man but the good, by …


Arbitration Provisions: Little Darlings And Little Monsters , Stephen Friedman Nov 2011

Arbitration Provisions: Little Darlings And Little Monsters , Stephen Friedman

Fordham Law Review

This Article takes a new approach to resolving the growing tension between the Federal Arbitration Act (FAA) and the unconscionability doctrine. While arbitration provisions are favored under the FAA, they are viewed far more skeptically by courts applying unconscionability to refuse enforcement of one-sided arbitration provisions. This tension, which has increased dramatically in recent years, represents a major fault line in contract law. Jurisprudence and commentary on this issue have assumed that courts have the authority to apply the unconscionability doctrine to arbitration provisions. This Article refutes that assumption, taking the position that Congress, in passing the FAA, removed from …


Beyond Standard Legal Positivism And "Aggressive" Natural Law: Some Thoughts On Judge O'Scannlain's "Third Way", Michael Baur Nov 2011

Beyond Standard Legal Positivism And "Aggressive" Natural Law: Some Thoughts On Judge O'Scannlain's "Third Way", Michael Baur

Fordham Law Review

No abstract provided.


Mortgage Modification, Equitable Subordination, And The Honest But Unfortunate Creditor, Juliet M. Moringiello Nov 2011

Mortgage Modification, Equitable Subordination, And The Honest But Unfortunate Creditor, Juliet M. Moringiello

Fordham Law Review

Mortgage foreclosures are at an all-time high and property values in many parts of the country have declined precipitously. Yet bankruptcy, which is often a last resort for individuals in financial distress, provides little relief to a homeowner who finds that her mortgage debt exceeds the value of her home. The reason for bankruptcy’s inadequacy in this regard is the Bankruptcy Code’s prohibition on the modification of home mortgages, a prohibition that became part of bankruptcy law in 1978 when most home mortgage loans were thirty-year fixed rate loans made by savings and loan associations. While most secured loans can …


Alien Language: Immigration Metaphors And The Jurisprudence Of Otherness , Keith Cunningham-Parmeter Nov 2011

Alien Language: Immigration Metaphors And The Jurisprudence Of Otherness , Keith Cunningham-Parmeter

Fordham Law Review

Metaphors tell the story of immigration law. Throughout its immigration jurisprudence, the U.S. Supreme Court has employed rich metaphoric language to describe immigrants attacking nations and aliens flooding communities. This Article applies research in cognitive linguistics to critically evaluate the metaphoric construction of immigrants in the law. Three conceptual metaphors dominate legal texts: immigrants are aliens, immigration is a flood, and immigration is an invasion. In order to gauge the prevalence of these metaphors, the Article engages in a textual analysis of modern Supreme Court opinions and presents original empirical data on the incidence of alienage terminology in federal court …


Depression And Poverty I. Psychosocial And Cultural Determinants, Donald C. Ohuoha, M.D., M.P.H. Nov 2011

Depression And Poverty I. Psychosocial And Cultural Determinants, Donald C. Ohuoha, M.D., M.P.H.

Jefferson Journal of Psychiatry

The WorldHealth Organization estimates that over 100 million people worldwide suffer from depression, that three times as many may be affected (1). While major advances have occurred in our understanding of the biological aspects of depression, the understanding of psychosocial causes of depression is still largely sketchy. Thus adequate intervention in dealing with this aspect of treatment of depression is scarce. This paper, divided into two parts, will review recent findings in psychosocial causes of depression and suggest certain strategies.for intervention, speculate on the roles of poverty and the issues raised by poverty on the rates of depression and suggest …


The Sunday-School Teacher As A Conversationalist, James H. Kellogg Nov 2011

The Sunday-School Teacher As A Conversationalist, James H. Kellogg

ATS Digital Resources

"Intense energy, coupled with wise direction, and a watchful solicitude and thoughtful tenderness, belong also to the true instructor in the Sunday-school. We would add to these, and all other excellent traits, the grand accomplishment of a good conversationalist. To achieve this will be no mean undertaking. ... Many of the grandest truths, the sweetest promises, the loftiest thoughts in all the Scriptures, have been expressed in conversation. It is a royal power, a gracious gift, a pure and lofty accomplishment, to be fitted and furnished for sweet and precious converse of the things of the kingdom."


Singing. John Wesley On Singing Nov 2011

Singing. John Wesley On Singing

ATS Digital Resources

"Few things can be more pleasing to the Lord than a congregation, with one heart and voice, praising his holy name.... From these remarks we surely must be sensible of the necessity of confining ourselves to simple tunes, as the fugue tunes have an unavoidable tendency to confine to a few this part of Divine worship, which belongs to the whole. And those, we think, have made few remarks on public worship, who have not observed, on the one hand, how it deadens devotion, and only at the best raises an admiration of the singers and not of Christ."


Alcohol As A Nutrient Nov 2011

Alcohol As A Nutrient

ATS Digital Resources

This tract refutes the belief or assumption that alcohol is or can be a nutrient and therefore helpful to healthy living through thirteen (13) points of opposition.


The Pulpit And The Sabbath-School, Rev Henry A Nelson Nov 2011

The Pulpit And The Sabbath-School, Rev Henry A Nelson

ATS Digital Resources

"Can this turning the hearts of fathers to their children, and the hearts of children to their fathers, be accomplished in any other way, or by any other means, so well as by the combined and co-operative action of these two powers, the Sabbath-school and the pulpit? Are they not fitted to each other, and together fitted for this high use with a wisdom that is more than human? Have not they been predestined by God to be developed in this age, and to come forth together soon, in their beautiful harmony and marvelous adaptation, ready for the great work …


Apostolic Succession, Protestant Epsicopal Clergyman Nov 2011

Apostolic Succession, Protestant Epsicopal Clergyman

ATS Digital Resources

" "The first Apostles-the chosen twelve-were succeeded in the Church by a distinct order in the ministry known as Bishops, upon whom special powers and privileges were conferred. These bishops ordained other bishops, who in turn laid hands upon their successors, and the bishops of the Protestant Episcopal Church are in that succession from the apostles. It follows that those alone are true ministers who have been ordained by those apostolical bishops. All others are "pretenders and usurpers. " This is the claim. It is as false as it is ridiculous, and should deceive no one." "


How Paul Became An Apostle, Rev Henry Bleby Nov 2011

How Paul Became An Apostle, Rev Henry Bleby

ATS Digital Resources

"Paul's conversion and call to the Christian ministry and the apostleship is one of the most remarkable events in human history, showing that God's ways are not our ways, nor his thoughts our thoughts. ... Paul was the true successor of Judas, appointed by the highest possible authority, and that the election of Matthias, being disapproved by him whose sole prerogative it was to invest men with apostolic office and honor, was rendered by Paul's appointment entirely null and void."


What Is Alcohol? Nov 2011

What Is Alcohol?

ATS Digital Resources

"ALCOHOLis not found in nature. All those things designed for the nourishment of man are the product of life and growth; alcohol is the result of death and decay. ... In their best state they are rotten drinks, being simply fruit-juice rotted. ... Wine is not the "essence of the grape," nor is whisky the substance of the grain. ... Certain it is that no other drug has exercised so deleterious an influence on the human race, combining fascinations so powerful with effects so wide-spread and so destructive."


What Is Temperance? Nov 2011

What Is Temperance?

ATS Digital Resources

"TEMPERANCErelates to the proper control of the appetites. It implies the moderate use of good things, and the total abstaining from those which are bad."


The Qualifications Essential For The Apostleship, Rev Henry Bleby Nov 2011

The Qualifications Essential For The Apostleship, Rev Henry Bleby

ATS Digital Resources

This pamphlet describes the three (3) qualifications essential to be an apostle. It ends with this: "These, according to the teaching and analogy of God's word, were the essential qualifications of an apostle. All these are found in the twelve; but they are not, and never have been, found to meet in any other human being."


The Origin And Design Of The Apostleship, Rev Henry Bleby Nov 2011

The Origin And Design Of The Apostleship, Rev Henry Bleby

ATS Digital Resources

This tract explains the Biblical foundations for the creation of the original twelve (12) chosen apostles as well as Paul's appointment to the group. It shares the Biblical foundations for the design or purpose of the apostles, their special training by Jesus, and their role in the Church after Christ's resurrection.


The Embassadors' Journey Nov 2011

The Embassadors' Journey

ATS Digital Resources

"Art thou halting on the heavenward road, my brother, carefully weighing the cost of a life of service, unwilling to come to the Lord, lest he should choose thee as a laborer in his vineyard? .... And Jesus of Nazareth sends a message to thee too, my sister! Thou, who dost recognize his power; thou, who dost secretly love him in thy heart, and yet dost dread to take the step that will place thee as his acknowledged disciple before the world. ... Fix thine eye upon the Cross, and forget thyself in the sight of thy bleeding Saviour. "He …


Modern Pretensions To Apostlical Succession, Rev Henry Bleby Nov 2011

Modern Pretensions To Apostlical Succession, Rev Henry Bleby

ATS Digital Resources

"THE office of the apostles, as apostles, was in its own nature temporary, and terminated with those who first discharged its functions. The foundation of a building, once properly and securely laid, does not require to be laid over again. And here was the peculiar work and honor of tbe apostles. To them it was committed to lay the foundation of the Christian Church; (we use a Scripture figure;) and all who were raised up to their help, and all who came after them in the evangelical ministry, could only assist in rearing the superstructure upon the foundation laid by …


Minnie's Story To The Jail Chaplain Nov 2011

Minnie's Story To The Jail Chaplain

ATS Digital Resources

This pamphlet tells the story of a young woman whose life began a downward spiral beginning with a focus on dress and ending in murder. The author says: "you ask me to tell you what brought me here. I think I will. ... I have thought about it, sitting here in the dark, and it has been written in letters of fire all over these walls, and dancing before my eyes, and mocking me. Dress!"


A Fisher Of Men And A Fisherman Nov 2011

A Fisher Of Men And A Fisherman

ATS Digital Resources

This is a story of a fisherman who hurried in from his work to hear the Word of God having recently found salvation. The fisherman happens along another and by his fervor draws the other into a service and ultimately to salvation as he hears the Word preached. The story ends: "The words of the noble preacher that day fell on at least two hearts that were as prepared soil. The old fisherman, with glistening face, listened to the truth, and to him it was "meat and drink." The intelligent, refined man, to whom life had already brought so many …


Tithing. [A Sermon], Rev C P Lyford Nov 2011

Tithing. [A Sermon], Rev C P Lyford

ATS Digital Resources

"In discussing this theme this evening we shall endeavor to show, I. That the Mormon system does not resemble, and cannot be deduced from, that system which prevailed under the Mosaic law. II. That it cannot be deduced from the teachings of the New Testament upon this subject; and, III. That it is in itself a system of extortion and plunder for personal uses by a despotic power."